HomeMy WebLinkAboutOrdinance 2002-15
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06/28/2002 03:48:002m
Rec ;;:4.00
ORDINANCE NO 2002-15
Parcell.D. Numbers: 31-22-28-0000-00-036
31-22-28-0000-00-027
31-22-28-0000-00-040
CASE NO. AX-2001-07-02: Maguire Mini Storage (ACJR Investments)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE
CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 4.92 ACRES LOCATED ON
MAGUIRE ROAD, APPROXIMATELY 1 BLOCK NORTH OF THE
INTERSECTION OF ROBERSON ROAD AND MAGUIRE ROAD 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 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 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
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At ,>7 "',,0 WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has
\ "".-l reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive
'j .~~ Plan, to comply with all applicable requirements of the Ocoee City Code, to be consistent with
the JPA 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, 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 "JPA Agreement") which affects the annexation of the real
property hereinafter described; and
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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.
WHEREAS, this annexation is pursuant to and consistent with that certain Pre-
Annexation Agreement, dated April 16, 2002, between the City of Ocoee and ACJR
Investments, Inc. and recorded in Official Records Book 6510, Page 5760, Public Records of
Orange County, Florida.
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 I 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 as 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 JPA Agreement
and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan,
the JPA Agreement, and 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.
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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.
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.
PASSED AND ADOPTED this /2 rj day of J //I)C
,2002.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
ADVERTISED JUNE 6 & 13, 2002
READ FIRST TIME JUNE 4, 2002
READ SECOND TIME AND ADOPTED
TLlAJf J~,~OO)...
UNDER AGENDA ITEM NO. III, A .
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPRO~D AS TO EORM AND LEGALITY
this l ~ day of ~ VI'\ e ,2002.
:~LEY ~r (!&Jf;;l
City Attorney
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EXHIBIT A
METES AND BOUNDS LEGAL DESCRIPTION
PARCEL ID NUMBERS:
31-22-28-0000-00-036, 31-22-28-0000-00-027, 31-22-28-0000-00-040
LAND DESCRIPTION:
THE NORTH 'h OF THE SOUTH V2 OF THE NORTH 'h OF THE SOUTHEAST 14 OF THE
NORTHEAST 14 OF SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY,
FLORIDA (LESS THE EAST 40 FEET THEREOF FOR ROAD RIGHT -OF- WAY), BEING MORE
PARTICULARY DESCRIBED AS FOLLOWS:
METES AND BOUNDS DESCRIPTION:
BEGIN AT THE NORTHWEST CORNER OF THE NORTH V2 OF THE SOUTH 'h OF THE NORTH
'h OF THE SOUTHEAST 14 OF THE NORTHEAST % OF SALD SECTION 31; THENCE NORTH
89029' II" EAST ALONG THE NORTH LINE OF THE NORTH V2 OF THE SOUTH 'h OF THE
NORTH 'h OF THE SOUTHEAST 14 OF THE NORTHEAST 14 OF SAID SECTION 31, A DISTANCE
OF 1279.54 FEET; THENCE SOUTH 00021'59" EAST ALONG THE WEST RIGHT-OF-WAY OF
MAGUIRE ROAD, 167.54 FEET; THENCE SOUTH 89030'11" WEST ALONG THE SOUTH LINE
OF THE NORTH 'h OF THE SOUTH V2 OF THE NORTH V2 OF THE SOUTHEAST 14 OF THE
NORTHEAST 14 OF SAID SECTION 31, A DISTANCE OF 1279.88 FEET; THENCE NORTH
00014'50" WEST ALONG THE WEST LINE OF THE NORTH V2 OF THE SOUTH 'h OF THE
NORTH V2 OF THE SOUTHEAST 14 OF THE NORTHEAST 14 OF SAID SECTION 31, A DISTANCE
OF 167.17 FEET TO THE POINT OF BEGINNING.
SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 4.916 ACRES, MORE OR
LESS.
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Recorded - Martha O. Haynie
EXHIBIT B
ACJR INVESTMENTS ANNEXATION
CASE NUMBER AX.200 1.07..Q2
I ROBERSON ROAD I
LEGEND
N CITY LIMITS
CITY PROPERTY
~ SUBJECT PROPERTY W
D COUNTY PROPERTY
E
N
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