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Home My WebLink About2014-019 McCormick Reserve - AnnexationDOCU 20150031640 B: 10863 P: 6442 01/20/2015 01:03:40 PM Page 1 of 6 Ree Fee: $52.50 Martha 0. Haynie, Comptroller Cun ORDINANCE NO. 2014-019 MBang RetoTotybCOEE (Annexation Ordinance for McCormick Reserve) i r�� AR TAX PARCEL ID: 33- 21 -28- 0000 -00 -013 11111 33-21-28-0000-00-040 33- 21 -28- 0000 -00 -011 CASE NO. AX- 08- 14 -47: McCormick Reserve AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 45.09 ACRES LOCATED 0.25 MILES EAST OF INGRAM ROAD AND WEST OF NORTH CLARKE ROAD, 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 45.09 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 -1- 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 � '`' day of � � „�, l a , , 2014. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA r►er y Clerk A-Jn S. Scott Vandergrift, Mayor (SEAL)- ` FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS '2. DAY OF 2014 ADVERTISED AND READ FIRST TIME : ,� = q' READ SECOND TIME AND ADOPTED ►�. ( rr1 \ - )t .r -) XI 4UNDER AGENDA ITEM NO. t SHUFFIELD, LOWMAN & WILSON, P.A. By: City tjtorne \ � -4- FILE NO.: 14058804 t:�uu;LrA Parcel One Begin at Northeast corner of Soulhwesl 1/4 of Northwest 1/4, rim South 420 feel, West 210 feet, Norll► 420 feet, Gast 210 feet in Section 33, Township 21, Range 28, Orange County, Florida, Less the North 30 feet for Right-of- Parcel Two Southwest 1/4 of Northwest 1/4, in Section 33, fownship 21 South, Range 28 Vast, Or:u►ge Couuly,Florida, Less the North 31) feel for Right -of -Way. Less Begin at Northeast corner of Southwest 1/4 of Northwest 1 /4, run South 421) feel, West 210 feet, :North 420 fed, East 210 feel in Section 33, Township 21, Range 28, Orange Counts, Florida. And Less Beginning 494.34 feet East ol'Southwcsl corner of Southeast 1/4 of Norlinvest 1/4 run West 494.3.1 feel North 693 feet Fast 136.62 I'cet; 111ence Sonfheasterly fn Beginning in Section 33, Township 21 South, Range 28 L:asl, Orange Counly,Florida. EXHIBIT 66B99 FIT