The URL can be used to link to this page

Home My WebLink About2014-004 Ocoee Elementary School Expansion Site - AnnexationORDINANCE NO. 2014-004 (Annexation Ordinance for Ocoee Elementary School Expansion Site) TAX PARCEL ID: 20- 22 -28- 0000 -00 -070 DOCH 20140102754 B: 10708 P: 8687 02/26/2014 10:17:57 AM Page 1 of 6 Ree Fee: $52.50 Martha 0. Haynie, Comptroller Orange County 1 FL MB - Ret To: UCOEE CASE NO. AX- 11- 13 -42: Ocoee Elementary School Expansion Site AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 6.42 ACRES LOCATED ON THE NORTHEAST SIDE OF EAST ORLANDO AVENUE AND SOUTH LAKEWOOD AVENUE, 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 owner of certain real property located in unincorporated Orange County, Florida, as hereinafter described, has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission ") to annex approximately 6.42 acres of property, as more particularly described in Exhibit "A" hereto, 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, which agreement has from time to time been amended by Orange County and the City of Ocoee (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 Plan, to comply with all applicable requirements of the Ocoee City Code, to be 111IRRVIA19M)i 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, 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. 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 1 of the Charter of the City of Ocoee, 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 signatures of all owners 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" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Section 4. MAP 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. ANNEXATION TO CENTERLINE OF ROAD The land annexed pursuant to this Ordinance shall extend to the centerline of any public road right -of -way located adjacent to the real property described on Exhibit " A" attached hereto, provided, however, that the annexation of any such right -of -way shall not serve to transfer any construction, operation or maintenance responsibilities with respect thereto, except to the extent such responsibilities are expressly transferred to and accepted by the City pursuant to an interlocal agreement in accordance with Section 335.0415, Florida Statutes. Section 6. 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 JPA Agreement, as amended, and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JPA Agreement, and the Ocoee City Code. Section 7. CORPORATE LIMITS The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. -2- Section 8. OFFICIAL MAPS 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 9. 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 10. 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 11. CONFLICTING ORDINANCES All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 12. EFFECTIVE DATE This Ordinance shall become effective ten (10) days after its 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 effective date. -3- PASSED AND ADOPTED this I of � , 2014. ATTEST: Beth Eikenberry, City Clerk APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS IV" DAY OF TZ& , 2014 SHUFFIELD, LOWMAN & WILSON, P.A. By: r_a rte. �ti A�k7�-ne tY Y � ADVERTISED � � AND � READ FIRST TI E ti , , 014. READ SECOND TIME AND A OPTED ,r V1 , UNDER AGENDA ITIEM NO. ZCL- , EXHIBIT "A" A PORIYON OF THE NORTHWEST 1/4 OF SECTION 20, TOWNS' 22 SOUTH, RANGE 2B BAST, ORANGE COUNTY, FLORIDA BEWG` MORE PARTICULARLY DESCRIBED AS FOLLOWS: C01soMCB AT THE NORTH 1/4 CORNER OF SAID SECTION 20; THENCE, W1.M TSB NORTH LIMB OF TIM NORTHWEST 1/4 OF SAID SECTION 2% SOUTH 89 V 14" WEST, A DISTANCE OF 2056.60 FEET TO THE NORTHEAST CORNER. OF THE 0001M ELEMENTARY SCHOOL(AS DESCRIBED IN OFFICIAL RECORDS BOOT- 2790, PAGE 424, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA); THENCE, WTTH THE BAST LINE OF SAM OCOEB ELEMENTARY SCHOOL, SOUTH 00 0 48'54" BAST, A DISTANCE OF 748.42 FBRT TO THE SOUTHEAST CORNER OF SAID OCOBB ELEMENTARY SCHOOL AND TEM POINT OF BRa NNING, THENCE, WITS A SOUTIMLY PROJEMON OF THE BAST LINE OF SAID OCOEE ELENIBNT'ARY SCHOOL, SOUTH 00°48 BAST, A DISTANCE OF 469.72 FEET TO THE NORTH RIGHT -ONWAY LINE OF WHT E ROAD(ALSO KNOWN AS EAST ORLANDO AVENUE, A 60 FEET RIGHT- OF-WAY PER PLAT OF PRIMA VISTA AS RECORDED IN PLAT HOOK 4, PAGE 130 ?, THENCE, WITH TIM NORTH RIGHT-OF-WAY LIMB OF WHITE ROAD, NORTH 89 °42 WEST, A DISTANCE OF 37932 FEET TO THE EAST RIGHT -OF -'QUAY LIMB OF LAKEWOOD AVBNUB(A 60 RIGHT -OF -WAY AS RECORDED IN THE MAP OF OCOEE IN PLAN HOOK A. PAGES 100 -101, PUBLIC RECORDS OF ORANGE COUNTY. FLORIDA); THENCE, WITH THE EAST RIGHT -OF- -WAY LIMB OF SAID LAKEWOOD AVSN K NORTH 0(°42'36" WEST, A DISTANCE OF 446.76 FEET TO THE SOUTH LINE OF PREMISES DESCRIBED IN OFFICIAL RECORDS BOOK. 5791, PAGE 603. PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE, WITH SAID SOUTH LINE, NORTH 89°27 EAST, A DISTANCE OF 120.00 FEET TO THE SOU CORNER THEREOF; 'TMWC16 WITH THE EAST LINE OF SAID PRISM M, NORTH 0(°42 WEST', A DISTANCE OF 59.04 FEET TO THE SOUTH LINE OF SAID OCOBE 8LEM13NTARY SCHOOL PREMISES; TH MCB, WITH SAID SOUTH LINE, SOUTH 85 EAST, A DISTANCE OF 460.65 FFSBT TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 6.3794 ACRES OF LAND, MORE OR LESS. -5- EXHIBIT "B" Irel MAP OF ANNEXED AREA