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Home My WebLink AboutItem VI (E09) Ordinance No 92-30, Case No. 2-161AR-92:Battaglia-West Annexation AGENDA 12-1-92 Item VI E 9 1 1 ` i ORIII ANCE NO. 92-30 CASE NO. 2-161AR-92 : BATTAGLIA "WEST" AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY LOCATED ON THE WEST OF APOPKA-OCOEE ROAD, 2,000 FEET NORTH OF WEST ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE OCOEE CITY CODE; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; 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 Chapter 180 of the Code of Ordinances of the City of Ocoee ("the Ocoee City Code") ; 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 and to be in the best interests 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. The City Commission of the City of Ocoee, Florida 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 City Commission of the City of Ocoee, Florida 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" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (hereinafter referred to as "said land") . Section 4. The City Commission of the City of Ocoee, Florida hereby finds that the annexation of said land is consistent with the Ocoee Comprehensive Plan and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan and Ocoee City Code. Section 5. A map of said land herein described which clearly shows the annexed area is attached hereto as Exhibit "B" and by this reference made a part hereof. 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. 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, and that 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 of this Ordinance. PASSED AND ADOPTED this day of , 1992 . APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 1992 READ FIRST TIME , 1992 READ SECOND TIME AND ADOPTED , 1992 . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 1992 . FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 1992 By: UNDER AGENDA ITEM NO. City Attorney ANNEX.ORD `J! EXHIBIT "A" 2-161AR-92: BATTAGLIA—WEST 1 Fz7:1 42.6 ACRES ± �, S. S.E. 1/4 SECTION 31-21-28 SECTION 6-22-28 N.W. 1/4, N.E. 1/4 LEGAL DESCRIPTION THAT PART OF THE SOUTH 1/2 OF SE 1/4, SECTION et- °<° 31, TOWNSHIP 21 SOUTH, RANGE 28 EAST, AND OF THE NW 1/4 OF THE NE 1/4 OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LYING WEST OF THE OCOEE— APOPKA HIGHWAY, LESS THAT PART THEREOF LYING SOUTH AND WEST OF THE FOLLOWING LINE: FROM THE NE CORNER OF SE 1/4 OF SE 1/4, SECTION 31, TOWN— SHIP 21 SOUTH, RANGE 28 EAST, RUN WEST 1241.8 FEET; THENCE S 23' 16' WEST ALONG WEST MARGIN OF THE HIGHWAY A DISTANCE OF 1615.16 FEET; THENCE ALONG SAID HIGHWAY S 28' 34' WEST A DISTANCE OF 780.85 FEET TO POINT OF BEGINNING; THENCE N 77' 06' WEST A DISTANCE OF 49.85 FEET; THENCE N 56' 46' WEST A DISTANCE OF 47.20 FEET; THENCE N 9' 35' WEST A DISTANCE OF 254.65 FEET; THENCE N 80' 12" EAST A DISTANCE OF 23.00 FEET; THENCE N 10' 51' WEST A DISTANCE OF 80.35 FEET; THENCE WEST TO A POINT OF INTERSECTION WITH WEST LINE OF SAID NW 1/4 OF NE 1/4 OF SAID SECTION 6. SKETCH OF DESCRIPTION ONLY— NOT A SURVEY "HURLEY PROPERTY" I MIRY INAT 053 a f1W OP 6CRalrflNN NQI5 Q CSS ISO/NM aa«cAL SrANOMOS SST PORNO III NIS ROMA WARD PORTIONS OF O•LNC 2ISRN11O15 N/OWIQ 21,,-S A.AC PURSUANT TO SWOON 4rzosr naSp4 SEA/ORS.No C 85313 SECTION 31. TOWNSHIP 21 SOUTH. RANGE 28 EAST ASSIMSS NO L ANWASIONJTY ISMO A71104":1=1"1°''O IDKIWI0C . aaSlNa PAWL AosA1!IOM MOM N 15531"/Do RAN.IRN SECTION 6. TOWNSHIP 22 SOUTH. RANCE 28 EAST PREPARED FOR: AS NO. BATTAGLIA FRUIT COMPANY, INC. 92284 • GANUNG - BELTON ASSOC., INC. 2 OF 2 Cra prolssstanal surveying company 8/3/92 dignitSUNt or. 501 E. Jackson Wrest, Sults 222. 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