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Home My WebLink AboutOrdinance 2004-13 111111111111111 ~ 111111 ~ IIIIII~ II~ 11111 111111111 INSTR 20040406656 OR BK 07502 PG 3225 PGS=6 MARTHA O. HAYNIE, COMPTROLLER ORANGE COUNTY, FL 06/25/2004 12:46:10 PM REC FEE 52.50 ORDINANCE NO. 2004-13 TAX PARCEL ID #: 07-22-28-0000-71 PROJECT NO. AR-03-07-09: Fullers Cross Commercial Development Annexation AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.08 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE OCOEE APOPKA ROAD AND FULLER'S CROSS ROAD INTERSECTION PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUmORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owners of certain real property located in unincorporated Orange County, Florida, as hereinafter described, have petitioned the City COnmUssion of the City of Ocoee, Florida (the "Ocoee City Commission") to annex said real property into the corporate limits of the City ofOcoee, Florida; and WHEREAS, the Ocoee City COnmUssion has detennined that said petition bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City ofOcoee, Florida; and WHEREAS, notice of the proposed annexation has been published pursuant to the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of Chapter 180 of the Code of Ordinances ofthe City ofOcoee (the "Ocoee City Code"); and WHEREAS, on February 11, 1994, Orange County and the City ofOcoee entered into a Joint Planning Area Agreement (the "JPA Agreement") which affects the annexation of the real property hereinafter described; and WHEREAS, the Planning and Zoning COnmUssion of the City of Ocoee, Florida, has reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be ORDINANCE NO -1- consistent with the JP A Agreement, and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City Commission that it approve said annexation petition; and WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044, Florida Statutes, to annex said real property into its corporate limits upon petition ofthe owners of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City of Ocoee, Florida, to include said real property. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section 7 of Article 1 of the Charter of the City of Ocoee, Florida. Section 2. The Ocoee City Commission hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. Section 3. The following descnbed real property located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHffiIT "A" (METES AND BOUNDS LEGAL DESCRIPTION ATTACHED HERETO AND BY TillS REFERENCE MADE A PART HEREOF). Section 4. A map of said land herein descnbed which clearly shows the annexed area is attached hereto and EXHffiIT "B" and by this reference is made a part hereof. Section 5. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JP A Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JP A Agreement, and the Ocoee City Code. Section 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 7. The City Clerk is hereby authorized to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. Section 8. The land herein descnbed and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. ORDINANCE NO -2- Section 9. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. This Ordinance shall take effect upon passage and adoption. Thereafter the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the Circuit Court and the Chief Administrative Officer of Orange County, Florida and with the Florida Department of State within seven (7) days from the date of adoption. ORDINANCE NO -3- PASSED AND ADOPTED this I S ~y of -1 u.P~ APPROVED: , 2004. ATTEST: CITY OF OCOEE, FLORIDA d'~(Ji~r S. Scott Vandergrift, Mayor ,. _".,,'.: 'o'^, t '.i.:/ ,;,) ;~-~",,) H ;\ Y l~~~;~;:.~:,. I;"~' ""."'(SE&l -~; : "if;~~i,:,,:;."~,.....,":~.:.,~./tl3.:~ ,.if:'FgJl'\ffS~.~ ULIANCE ONLY BY .,./t;i~]~i.C'fTY O"n~E, FLORIDA ......gp.\\sTO F RM AND . LEsiJI;I;YTmsJ~ DAY OF () lli f ' 2004 :LEt:Ji7t:JJj) City Attorney ADVERTISED ~ r".c1~ ~/LoDcJ READ FIRST TIME :r U.AJ6 I , 2004. READ SECOND TIME AND ADOPTED :r (/ P6 It:" , UNDER AGENDA ITEM NO.l!M-. fa, a ORDINANCE NO -4- EXHffiIT "A" Le!!:al Descriution VACATED LOTS 1,2,3,4, TRACT B AND CROWN POINT COURT, CROWN POINT WOODS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGES 101 THROUGH 103 AND SUBSEQUENT VACATION RECORDED IN OFFICIAL RECORDS BOOK 3804, PAGE 1504 AND AS AMENDED IN OFFICIAL RECORDS BOOK 3911, PAGE 1975, ALL OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A" OF SAID PLAT OF CROWN POINT WOODS, AS THE POINT OF BEGINNING; THENCE RUN N 00051 '53" E, ALONG THE WEST LINE OF VACATED LOTS 3 AND 4, 501.92 FEET TO THE SOUTH RIGHT OF WAY LINE OF FULLERS CROSS ROAD; THENCE RUN S 89057'47" E, ALONG SAID SOUTH LINE, 508.78 FEET TO THE WEST RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD; THENCE RUN S 05022'47" E ALONG SAID WEST LINE, 352.84 FEET TO A CURVE CONCAVE TO THE EAST; THENCE RUN SOUTHERLY ALONG SAID WEST LINE AND CURVE HAVING A CENTRAL ANGLE OF 00043'38", A RADIUS OF 1969.86 FEET, AN ARC LENGTH OF 25.00 FEET, A CHORD BEARING OF S 05044'36" E AND A CHORD DISTANCE OF 25.00 FEET TO THE NORTH LINE OF AFORESAID TRACT "A"; THENCE RUN THE FOLLOWING FIVE (5) COURSES AND DISTANCES ALONG SAID NORTH LINE: S 70037'57" W, 148.52 FEET; N 45000'00" W, 80.00 FEET; S 82040'19" W, 190.87 FEET; S 29000'00" W, 103.00 FEET; S 81003'31" W, 117.43 FEET TO THE POINT OF BEGINNING. ORDINANCE NO -5- EXHIBIT "9" Fullers Cross Commercial PUD Location Map It I r----; 'r I , r , ;f __iYESI ... ,~----l":-_", J "'-_", ;' ,-_____, -1-1--:''1 ~+:.-';:;::;;;i'-o:f;> '", ;; / I ! I i -t~~;<~~'~~Ji/> '''--.- ,/ -/ J'~L-.J~~~- ~~it;:;:;;::'Y;~<;/>' I I ,.-.: "5" .' .~S'J.. D~'i>;;.",>-~C. . \ ,.--."- <;\.~... .' '.~~~ . , -d .r--"" ".<~..;<..<""../ -- T7=--~" ~~~- \ ~~~~hn:' F- --~~I (--:~=~~ -.---T- ;r;f~~.. ,;~f~/-'/f.iJi~JI ~.--..'.~"II... I ,f I :/ ",''',l-1 Ii I V L /J~':/" J'L_ _~ L__~bIti_--IL..___ ~i 7' i" \ /.1' '/'-/~j\-- FULLERS CROSS' -IJ 1=--- -1L- ...... ~.I xy I, I! I i .--- I .--......h.. _ ;!------;' t' / ." j I \ I " 8 ~'_..J " "'....1 I '. / ,. ..1 .' , I -----,-..$l' J___1 - ' {,.' 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