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Home My WebLink AboutOrdinance 2004-02 11111111111111111111111_11111 mlllllll ORDINANCE NO. 2004-02 INSTR 20040262231 OR BK 07415 PG 0013 PGS=6 MARTHA O. HAYNIE, COMPTROLLER ORANGE COUNTY, FL 05/04/2004 12:11:12 PM (Lake Tracy LL~C FEE 28.50 (MCO Industries Inc.) TAX PARCEL ID #s 32-21-28-0000-00-006 32-21-28-0000-00-011 CASE NO. AR-03-12-13: INGRAM ESTATES ANNEXATION (Lake Tracy LLC and MCO Industries Inc.) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 33.48 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE MCCORMICK ROAD AND INGRAM ROAD INTERSECTION PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; 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, have 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 ofOcoee (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 - 1 - be consistent with the IP 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: 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 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). Section 4. A map of said land herein described which clearly shows the annexed area is attached hereto and EXHIBIT "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 IP A Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the IPA 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 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. - 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. - 3 - PASSED AND ADOPTED this t1 day of JH>ffL ,2004. A~st':', .FOR il1SEi'AND RELIANCE ONLY BY TaECITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS b~ DAY OF Irjip.-\.L..- , 2004 FOLEY & ~ARDNER~ Be. Y' -.., ~_ Ci~_ . APPROVED: CITY OF OCOEE, FLORIDA ADVERTISED IW 4t..cH .1~ , 2004. READ FIRST TIME ft.\ARCH II. ,2004. READ SECOND TIME AND ADOPTED ,4Pf l c... f. 1..0 D '" , UNDER AGENDA ITE&t NO. IJ I. A, 2 . Q.... - 4 - EXHIBIT" A" Legal Description MCO INDUSTRIES PROPERTY A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, MORE PARTICULARLY 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; THENCE NORTH 00043'05" EAST, 331.43 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89056'02" WEST, 628.92 FEET, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF INGRAM ROAD; THENCE NORTH 00040'35" EAST, ALONG SAID LINE, 331.73 FEET, TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 32; THENCE SOUTH 89052'54" EAST, ALONG SAID LINE 629.15 FEET; THENCE SOUTH 00043'05" WEST, 331.16 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 4.79 ACRES. LAKE TRACY PROPERTY A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN 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; THENCE NORTH 00043'05" EAST, 662.32 FEET; THENCE NORTH 89052'54" WEST, 629.15 FEET, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF INGRAM ROAD; THENCE NORTH 00040'35" EAST, ALONG SAID LINE, 631.95 FEET, TO A POINT ON THE SOUTH RIGHT-OF-WAY OF MCCORMICK ROAD; THENCE SOUTH 89049'53" EAST, ALONG SAID LINE, 1160.31 FEET; THENCE EASTERLY ALONG THE ARC OF A TANGENT CURVE, BEING CONCAVE TO THE NORTH, HAVING A RADIUS OF 5759.58, A DELTA OF 1016'57", AN ARCH DISTANCE OF 128.93 FEET, TO A POINT ON THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 32; THENCE SOUTH 00045'35" WEST, ALONG SAID LINE 1293.75 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 28.69 ACRES. - 5 - EXHIBIT "B" Map of Annexed Area Ingram Estates Location Map I McCormick Road .. Lake Tracy LLC "C co 0 0:::: E MCa co Industries ... t>> C - Gilliam Trust e - 6 -