HomeMy WebLinkAboutOrdinance 2004-04
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ORDINANCE NO. 2004-04
INSTR 20040262230
OR BK 07415 PG 0007 PGS=6
MARTHA O. HAYNIE, COMPTROLLER
ORANGE COUNTY, FL
05/04/2004 12:11:12 PM
REC FEE 28.50
TAX PARCEL ID # 32-21-28-0000-00-024
CASE NO. AR-03-12-13: INGRAM ESTATES PROPERTY ANNEXATION
(Gilliam Trust)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 4.79 ACRES LOCATED SOUTH OF THE
SOUTHEAST CORNER OF THE MCCORMICK ROAD AND INGRAM
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
AUTHORIZING 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, hav petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") to annex said real property into the corporate limits of the City of Ocoee,
Florida; and
WHEREAS, the Ocoee City Commission has determined that said petition
bears the signatures of all owners of the real property proposed to be annexed into the
corporate limits of the City of Ocoee, 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 of the City of Ocoee (the "Ocoee City Code"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee
entered into a Joint Planning Area Agreement (the "JP A Agreement") which affects the
annexation of the real property hereinafter described; and
WHEREAS, the Planning and Zoning Commission 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
006.326985.1
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be 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 of
the 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:
Seetin" 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.
Seetin" 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.
Seetin" l The following described real property located in unincorporated Orange
County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida:
SEE EXHIBIT" A" (METES AND BOUNDS LEGAL DESCRIPTION
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF).
Seetin" 4 A map of said land herein described which clearly shows the annexed
area is attached hereto and RXHTRTT "R" and by this reference is made a part hereof.
Seetin" ~ 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.
Seetin" II The corporate territorial limits of the City of Ocoee, Florida, are hereby
redefined to include said land herein described and annexed.
Seetin" 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.
Seetin" R The land herein described 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.
006.326985.1
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Seetinn q 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.
Seetinn 10
repealed.
All ordinances or parts of ordinances in conflict herewith are hereby
Seetinn 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.
006.326985.1
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PASSED AND ADOPTED this J! day of A'I< I c....
ATTEST:
(SEAL);
FOR USE AND RELIANCE ONLY BY
THE, CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LEGALITY THIS ~ DAY OF
~lk\... , 2004
FOLEY & LARDNER LLP
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By: c....~ Yr .
tf,'j'-City t: ey ..~
006.326985.1
,2004.
APPROVED:
CITY OF OCOEE, FLORIDA
:::5~J
S. Scott Vandergrift, Mayor
ADVERTISED MA-tC. II JJ , 2004.
READ FIRST TIME MAf(cH I I. , 2004.
READ SECOND TIME AND ADOPTED
Jl. Ptct L. l.. Er\tD () 4 , UNDER
AGENDA IT NO. 1/ ,. A . 1 . c .
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EXHIBIT" A"
Legal Description
A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, MORE
P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 32;
THENCE NORTH 89057'42" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST
ONE-QUARTER OF SAID SECTION 32, A DISTANCE OF 658.68 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUE NORTH 89057'42" WEST, ALONG SAID LINE,
628.68 FEET TO THE POINT EAST RIGHT-OF-WAY LINE OF INGRAM ROAD;
THENCE NORTH 00040'35" EAST, ALONG SAID LINE, 331.73 FEET, TO A POINT ON
THE NORTH LINE OF THE SOUTH ONE-HALF, OF THE SOUTHWEST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-
QUARTER OF SAID SECTION 32; THENCE SOUTH 89056'02" EAST, ALONG SAID
LINE, 628.92 FEET; THENCE SOUTH 00043'05" WEST, 331.43 FEET TO THE POINT
OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA,
CONTAINING 4.79 ACRES.
006.326985.1
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EXHIBIT "B"
Ingram Estates
Location Map
I McCormick Road
Lake Tracy LLC
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006.326985.1
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