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Home My WebLink AboutOrdinance 2004-01 'III~II'~III!" IT~I! II' I'm IImII'W ~r iii m ~r I ml ORDINANCE NO. 2004-01 INSTI~ 2QI'J'.')3'~84:!.6 OR BK 074L5 PG 4885 PGS=6 111~f':1 HI:, U. H:~) 111 t., I~ .)rIPTROL ...ER ()I~il!\[;i: I:CUr.j IT', FL. U5/E0/iU04 12:E0:39 PM r.:E~. FEE ,:~d. 5 Zt TAX PARCEL ID # 01-22-27-0000-00-005 CASE NO. AX-03-12-14: POER PROPERTY ANNEXATION AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMA TEL Y 29.25 ACRES LOCATED APPROXIMATELY 2,000 FEET WEST OF THE POINT WHERE FULLERS CROSS ROAD GOES UNDER THE WESTERN EXPRESSWAY (STATE ROAD 429); PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER, THE CITY OF OCOEE; 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 owner or 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 approximately 29.25 acres of property as more particularly described in Exhibit "A" hereto, into the corporate limits of the City ofOcoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said application bears the signature of the City Manager of the City of Ocoee, on behalf of the City of Ocoee, the sole owner 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 ofthe 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 "JPA 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 006.320514.2 Plan, to comply with all applicable requirements of the Ocoee City Code, to 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 owner 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. Authority. 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 I of the Charter of the City ofOcoee, Florida. SECTION 2. Petition. 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 signature of the duly authorized representative of the City of Ocoee, the sole owner of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. SECTION 3. Annexation. 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 A TT ACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF). A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 4. Consistency Finding. 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 5. Corporate Limits. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. -2- 006.320514.2 SECTION 6. Official Maps. The City Clerk is hereby authorized and directed to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. SECTION 7. Liability. 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. SECTION 8. Conflicting Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9. Severability. 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. Effective Date. This Ordinance shall take effect upon delivery to the City of an amendment to the JP A Agreement which adds the annexed property to the Joint Planning Area set forth in Exhibit "A" to the JPA Agreement, and which establishes a land use designation of low density residential for the annexed property, which JPA Amendment has been executed by both the City and Orange County (the "JPA Amendment"). Thereafter the City Clerk is hereby directed to attach a copy of the JP A Amendment to this Ordinance and 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 effective date. -3- 006.320514.2 J PASSED AND ADOPTED this 3 -day of (f (;""'6 ellA-~Y ATTEST: Je nqfuft~~,~ '(SEAL) _..~ >>' ,:'-!0: , ';::l, :0':'-. '-, ~ .-, FOlfuSE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO~ORM AND LErtifJ THIS ~ DAY OF 4fj , 2004. FOLFf? LARJ?~ER II () By: litd rlVJ4JU City Attorney 006.320514.2 ,2004. APPROVED: CITY OF OCOEE, FLORIDA ADVERTISED rc:tI)UQ~ <JIG; ,2004. READ FIRST TIME :r G( n 1.Ul:). :;0, 2004. READ SECOND TIME AND 1\.DOPTED f-ebYWlr!j 3 , 2004, UNDER AGENDA ITEM NO. VI A -4- EXHIBIT" A" Legal Description Begin at the Quarter Section Post of the South Boundary of Section 1, Township 22 South, Range 27 East, run thence North 904.86 feet, thence East 1 ,683 feet, then South 904.86 feet, then West 1,683 feet to Point of Beginning. LESS: Begin at point 957 feet West and 904.86 feet North of the Southeast Comer of Section 1, Township 22 South, Range 27 East, run thence West 1,200 feet, thence South 16 feet, thence Northeasterly 1201.9 feet to a point due South of the Point of Beginning, then North .82 feet to the Point of Beginning. -5- 006.320514.2 EXHIBIT "B" Poer Property Location Map LAKE APOPKA II I i \ I-i . \ I r L------l \\ Y I ~7! I II I~ L_ I 1/ ,jl L'--~=: ~ /----1 ~--,j\~ r"--, (!- l, .._ _ . 1-:':;''- LEGEND --I \-- . , r--~\ '~-D \ -~D\ \ .~..... =~~:::e:.;n\\~ \ .---1 r, Il.'l.--\ \--.,\ \ I . ---r--11 \ \ y. '\ C___! .--~.::::::J..\ ,.\ + Scale: o 250 500 750 1000 Feel - - I Printed: December 2003 "'p C Subject Properly Ocoee Community Development Department -6- 006.320514.2