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Home My WebLink About2018-011 Ladybird Academy PUD - Annexation DOCP 20180182418 03/28/2018 08:47:29 AM Page 1 of 5 Rec Fee: $44.00 Phil Diamond, Comptroller . - / Orange County FL MB - Ret To: CITY OF OCOEE ORDINANCE NO. 2018-011 (Annexation Ordinance for Ladybird Academy PUD) 'III PRIFift11011111, , 1 TAX PARCEL ID: 06-22-28-0000-00-008 CASE NO. AX-10-17-66: Ladybird Academy PUD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA; ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/-5.45 ACRES LOCATED ON THE SOUTH SIDE OF WEST ROAD AND 400 FEET EAST OF THE INTERSECTION OF WEST ROAD AND OCOEE APOPKA 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 +1- 5.45 acres of property, as more particularly described in Exhibit "A" attached 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 Land Development Code of the City of Ocoee (the"Code"); and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement, which has from time to time been amended by Orange County and the City of Ocoee (the "JPA Agreement"), and which affects the annexation of the real property hereinafter described; and :,,,,,i,,,, 3 WHEREAS, on February 13, 2018, the Planning and Zoning Commission of the City of Ocoee, Florida, reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, compliant with all applicable requirements of the Code, consistent with the JPA Agreement, and in the best interest of the City of Ocoee, and recommended the Ocoee City Commission approve said annexation; 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 C-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" (METES AND BOUNDS LEGAL DESCRIPTION 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. 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 6. CORPORATE LIMITS. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 7. 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 8. 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 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. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. EFFECTIVE DATE. This Ordinance shall become effective 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 for Orange County, Florida, the Chief Administrative Officer of Orange County, Florida, and with the Florida Department of State within seven(7) days from the effective date. PASSED AND ADOPTED this ,R0 tay of 7i7,,-/A , 2018. APPROVED: l- ATTEST: t; CITY OF OCOEE,FLORIDA „.....vii. Jo; f,,',,,41',' ,..': 1 _i it 4 i Melanie Sibl [ttl,,;Ctty Clerk '' Rusty Joh4s. ayor �P � i« L) ter', "i '� ' 't ADVERTISED 3/d 2f AND,05-4, READ t�t k. r " ,'. FIRST T IME/jfreh & ,2018 READ SECOND TIME AND ADOPTED ,/,-,h 69./9 ,2018, UNDER AGENDA ITEM NO. N FOR USE AN#RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA APPROVED AS TO FORM AND LEGALITY THIS 20"DAY OF gVj ctt ,2018 SHUFFIELD,LOWMAN&WILSON,P.A. By: _ :, ' ----D EXHIBIT "A" Legal Description COMMENCE AT THE NORTHWEST CORNER OF THE SOUTWEST '/4 OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY FLORIDA; THENCE S.00°48'40"W., ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 30.08 FEET TO THE POINT OF BEGINNING; THENCE S.00°48'40"W., ALONG THE WEST LINE OF SAID SOUTHEAST '/4 A DISTANCE OF 358.32 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND REFERRED TO AS PARCEL NUMBER 9285, ACCORDING TO THE STIPULATED FINAL JUDGMENT RECORDED IN OFFICIAL RECORDS BOOK 7607, PAGES 865 THROUGH 872, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE ALONG THE NORTH AND EAST LINE OF SAID PARCEL NUMBER 9285 FOR THE FOLLOWING TWO COURSES; THENCE S.89°14'16"E., A DISTANCE OF 136.26 FEET; THENCE S.00°45'44"W., A DISTANCE OF 351.79 FEET TO THE SOUTHERLY LINE OF THOSE LANDS DESCRIBED IN THAT CERTAIN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 3872, PAGES 557 AND 558, OF SAID PUBLIC RECORDS, THENCE DEPARTING THE BOUNDARY OF SAID PARCEL 9285 RUN ALONG SAID SOUTHERLY BOUNDARY THE FOLLOWING TWO COURSES; THENCE N.86°39'20"E., ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 36.88 FEET TO A POINT 30 FEET NORTH OF AND PARALLEL WITH THE ABANDONED SEABOARD COASTLINE RAILROAD, THENCE ALONG SAID PARALLEL LINE AND ALONG SAID SOUTHERLY BOUNDARY N.73°39'21"E., A DISTANCE OF 242.90 FEET; THENCE N.00°48'40"E., A DISTANCE OF 665.22 FEET TO A POINT ON A LINE 30.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST '/4 OF SAID SECTION 6; THENCE S.86°38'39'W., ALONG SAID PARALLEL LINE A DISTANCE OF 406.50 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 236882 SQUARE FEET OR 5.438 ACRES, MORE OR LESS. Ladybird Academy Location Map `ada idisaki rr .. v�•v N►`6 ,7�i1111c��:1111 1111111111 r�� = =UIII III al •Agreeil 4-0P" 7.,- .9 I V; i, 111111!!::._ = .. . = �� it5--- fr 11111111111— �'' Di _ • 11111 11111111 4 ''4 `�,- — OW I 0 4k .?"v %* , 4/4!): s_: , 11111110.1111 ad �` ipcotate ______ P. Fullers Coss