HomeMy WebLinkAboutOrdinance 99-17
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Orange Co FL 1999-0160552
041499 02:32:44p.
OR Bk 5727 PQ 3737
. Rec 28.50
ORDINANCE NO. 99-17:
CASE NO. AP-95-08-05: FIRST UNION I PEASE
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE
CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 37.8 ACRES LOCATED ON THE
SOUTHEAST CORNER OF SILVER STAR ROAD AND CLARKE 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 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
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 has been amended from time to time (the "JPA
Agreement"); and
WHEREAS, the JPA Agreement 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 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
OR Bk 5727 Pg 3738
Or.nge Co FL 1999-0160S52
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 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.
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.
OR Bk 5727 Pg 3739
Oran.se Co FL 1999-0160352
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 the date that the Comprehensive Plan
Amendment (Case No. SSCPA-98-002) adopted as Ordinance No. 99-18 becomes effective.
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 ~ day of ---It Ptl..1 L- ,1999.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
s:~-
S. SCOTT VANDERGRIFT, M
(SEAL)
ADVERTISED MARCH 25, 1999 AND
APRIL 1,1999
READ FIRST TIME MARCH 16,1999
READ SECOND TIME AND ADOPTED
---1JP({, <- ~, 17't tt
UNDER AGENDA ITEM NO. :EX A- S-
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPRO)/ED AS TO~9~~1ND LEGALITY
this b day of t.t l- , 1999.
FOLE~RDNE~
By: ~r
City Attorney
P:\AHORNE\ALL_DA T A \ANX-REZ\Active\OlympiaAP\PeaseAX ORD99-17 .doc
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EXHIBIT "Aft
(Page 1 of 2)
~
LEGAL DESCRIPTION
PEASE TRUST PROPERTl
(REMAINDER) OR Bk 5"727' Pn .3 -;7 40
Ot'Cltf~e. Co FL 1'~-01'61)5S2
A TRACT OF LAND BEING ll-lE NORll-lWEST QUARTER OF ll-lE SOUll-lEAST QUARTER OF
SECTION 16. TOWNSHIP 22 SOU ll-l , RANGE 28 EAST, LESS ll-lAT PORTION OF ll-lE RIGHT-OF-
WAY OF CLARKE ROAD DESCRIBED IN OFFICIAL RECORDS BOOK 4331, PAGE 1923 OF ll-lE
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA AND LESS THAT PART OF SILVER STAR
ROAD DEEDED IN DEED BOOK 400. PAGE 252 AND TAKEN IN MINUTE BOOK 17, PAGE 502
OF SAID PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT ll-lE SOUll-lEAST CORNER OF ll-lE AFORESAID PARCEL
DESCRIBED IN OFFICIAL RECORDS BOOK 4331, PAGE 1923 FOR A POINT OF
BEGINNING, SAID POINT ALSO LYING ON ll-lE EASTERLY RIGHT-OF-WAY LINE
OF AFORESAID CLARKE ROAD; ll-lENCE RUN ALONG SAID EASTERLY RIGHT -OF-
WAY LINE ll-lE FOLLOWING COURSES: NORll-l 00.,0'51" EAST, 257.52 FEET;
SOUll-l 89'49'09" EAST, 15.00 FEET; NORll-l 00.,0'51" EAST, 20.00 FEET;
NORll-l 89.49'09" WEST, 15.00 FEET; NORll-l 00.,0'51" EAST, 644.00 FEET;
NORll-l 02'05'25" EAST, 180.10 FEET; NORTH 0010'51" EAST, 145.61 FEET;
NORll-l 44'54'59" EAST, 63.93 FEET TO A POINT LYING ON THE SOUll-l RIGHT-
OF-WAY LINE OF SILVER STAR ROAD; ll-lENCE, DEPARTING SAID EASTERLY
RIGHT-OF-WAY LINE OF CLARKE ROAD, RUN NORll-l 89'39'07" EAST, ALONG
SAID SOUll-l RIGHT-OF-WAY LINE OF SILVER STAR ROAD, 1223.99 FEET TO ll-lE
EAST LINE OF ll-lE AFORESAID NORll-lWEST QUARTER OF ll-lE SOUll-lEAST
QUARTER; ll-lENCE RUN SOUll-l 00.04'18" WEST, ALONG SAID EAST LINE OF
ll-lE NORTHWEST QUARTER OF ll-lE SOUTHEAST QUARTER, 1292.73 FEET TO
ll-lE SOUll-l LINE OF SAID NORll-lWEST QUARTER OF ll-lE SOUll-lEAST
QUARTER; ll-lENCE RUN SOUll-l 89.40'55" 'il[ST, ALONG SAID SOUll-l LINE OF
THE NORll-lWEST QUARTER OF ll-lE SOUll-lEAST QUARTER, 1277.44 FEET TO
ll-lE POINT OF BEGINNING.
ll-lE ABOVE DESCRIBED TRACT OF LAND LIES IN ORANGE COUNTY, FLORIDA AND CONTAINS
37.794 ACRES, MORE OR LESS.
SURVEYOR'S NOTES:
(1) REPRODUCTIONS OF ll-lIS SKETCH ARE NOT VALID UNLESS SEALED 'Mll-l ll-lE
SURVEYOR'S EMBOSSED SEAL.
(2) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS,
OWNERSHIP, OR Oll-lER INSTRUMENTS OF RECORD BY ll-lIS FIRM.
(3) BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING BASED ON THE
SOUll-l LINE OF ll-lE NORll-lWEST QUARTER OF THE SOUll-lEAST QUARTER OF
SECTION 16, TOWNSHIP 22 SOUll-l, RANGE 28 EAST, BEING SOUll-l 89'40'55. WEST.
(4) ll-lE "LEGAL DESCRIPTION" HEREON HAS BEEN PREPARED BY ll-lE SURVEYOR AT ll-lE
CLIENT'S REQUEST.
(5) ll-lE DELINEATION OF LANDS SHOWN HEREON ARE AS PER ll-lE CLIENT'S
INSTRUCTIONS.
CERTlFlCA TION:
WE HEREBY CERTIFY ll-lA T THIS LEGAL DESCRIPTION IS TRUE AND CORRECT TO ll-lE BEST
OF OUR KNOWLEDGE AND BELIEF AS PREPARED UNDER OUR DIRECTION IN JULY, 1995. WE
FURll-lER CERTIFY ll-lAT THIS LEGAL DESCRIPTION MEETS THE MINIMUM TECHNICAL STAN-
DARDS SET FORTH IN CHAPTER 61G17-6 (FAC.) ADOPTED BY THE FLORIDA BOARD OF
SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTES 472.027.
OA"O A. ""lL (JU
FLORIDA REGISTRATION NO. 4044
1 7/28/95
NO. DATE
REVISED RANCE IOENnFl[R
SHEET 1 OF 2
DATE: 7-20-1995
REVISION
PEe
I PROFESSIONAl ENGI~T~!~~~s CONSULTANTS, INC,
engineers
surveyors
SI.m! _ ECUo PAM ClNno! zoo EAST __ srwrrr ......... Fl_ 3not 40T/IoU-MJ6Z
SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST
I PREP BY: P.S.ID.W. I DRAWN BY: S.G.R I JOB NO: 79S057/LEGAL
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EXHIBIT "Aft (Page 2 of 2)
LEGAL DESCRIPTION
SILVER STAR ROAD
(80' R/W) N. LINE NW 1/4. SE 1/4
(O~_~OO, PG 252)(IIB _1:" PG 402) , _~cnON 16-22-28____
-'t----
o N 89'39'07" E
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..--sOUlli R/W LINE \.
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SUB,,(:CT TO:
PERMANENT DRAINAGE EASEMENT
(0R8 4331, PC 1923)
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(ORB 4331, PG 1923) i
LEGEND
\; - CEN TERLlNE
POB POINT Of" BEGINNING
L-# LINE GEOMEmy
liB MAP BOOt<
O.B. DEED BOOK
R/W RIGHT-OF-WAY
ORB OFFICIAL RECORDS BOOK
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NW 1/4, SE 1/4
SECTION 16-22-28
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37.795 ACRES:!:
SU8JECT TO:
unuTY EASEIIENT
(0.8. 547. PG 366)
(0.8. 547, PG 365)
SOUlli LINE Of" NW 1/4 Of"
/- SE 1/4 Of" SE~nON 16-22-28
'\
S 89.40'55" W
1277.44'
NOT PLATTED
LINE DATA
L-l - S. 89'49'09" E. 15.00'
L-2 - N. 00'10'5'. E. 20.00'
L-3 - N. 89'49'09" W. 15.00'
SHEET 2 OF 2
SEE SHEET 1 OF 2 FOR LEGAL
DESCRIPTION AND SURVEYOR'S NOTES
Rt't1SE[) RANCE DENT\FJER
, 7/28/85
NO. DATE
REVISION
PEe I
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers
planners
surveyors
SUfrr! 11I6O E<<.A P_ Qfmr
zoo EAsT _ sn-r GlL4Mlo, n- Snot 1,{)1/IJZ-I06Z
DATE: 7-20-1995
SECTION 16, TOWNSHIP ZZ SOUTH, RANGE Z8 EAST
I PREP BY: P.S./D.W. I DRAWN BY: S.G.R I JOe NO: 795057
EXHIBIT "B"
.. ..
First Union/ Pease Annexation
General Location Map
Legend:
I'~//I Subject Property
Ai/ .
, y Ocoee - Orange County Joint Planning Area
C ~ Ocoee City Limits
1- l Orange County parcels - outside Ocoee
/ \ / Ocoee Utility Service Boundary
D Roads
III Lakes
N
OR" Bk 5727- Pg 3742
Orange Co FL 1~99-0160552