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HomeMy WebLinkAboutItem VII (G) Public Hearing - Case No 2-16AR-92: Battaglia-East 1 FOLEY & LARDNER III NORTH ORANGE AVENUE,SUITE 1800 + POST OFFICE BOX 2193 T ORLANDO, FLORIDA 32802-2193 JACKSONVILLE, FLORIDA TELEPHONE (4071 423-7656 15 A MEMBER OF GLOBALEX TALLAHASSEE, FLORIDA FACSIMILE 1407) 648-1743 WITH MEMBER OFFICES IN TAMPA, FLORIDA WEST PALM BEACH, FLORIDA LONDON, ENGLAND MILWAUKEE, WISCONSIN PARIS, FRANCE MADISON, WISCONSIN BERLIN, GERMANY CHICAGO, ILLINOIS STUTTGART, GERMANY WASHINGTON, D.C. DRESDEN, GERMANY ALEXANDRIA, VIRGINIA SINGAPORE ANNAPOLIS, MARYLAND MEMORANDUM TAIPEI, TAIWAN TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq. , City Attorney KL, DATE: December 11, 1992 RE: Ordinance No. 92-60/Case No. 2-162AR-92 : "Battaglia East" Attached hereto is a revised Ordinance No. 92-60 in connection with the above referenced annexation. This Ordinance supersedes the copy previously delivered to you in your agenda packet. The only change to the Ordinance is that a metes and bounds legal description has been added in order to further describe a parcel included within the proposed annexation. This addition of a metes and bounds legal description does not change the title to the Ordinance and is consistent with the advertised public notices for consideration of the Ordinance. It is not necessary that any motion be made to amend the proposed Ordinance in order to add the metes and bounds legal description. Any motion to adopt Ordinance No. 92-60 will reference the Ordinance attached to this memorandum. NOTE: THIS ALSO APPLIES TO ORDINANCE NO. 92-61/CASE NO. 2-162AR-92: "BATTAGLIA EAST". w.T _.4.c. }C C:\WP51\DOCS\OCOE\ALL6.MEM112J11/92IGINNYEIPER:go w' \, X 151L. = r e w rt s = o � N c. 1• ORDINANCE NO. 92-60 CASE NO. 2-162AR-92: BATTAGLIA "EAST" AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF 'OCOEE, FLORIDA, CERTAIN REAL PROPERTY LOCATED ALONG BOTH SIDES OF OCOEE-CLARCONA ROAD ' AND 2,000 FEET WEST OF APOPKA-VINELAND 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 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, 1 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 EXHIBIT "A" BATTAGLIA - EAST LEGAL DESCRIPTION That part of Sections 33 and 34 , T21S, R28E, Orange Country, Florida, described as follows: From the South 1/4 corner of said Section 34, run N 89°56 ' 52" W 720. 00 feet along the South line of said Section to the Point of Beginning; thence continue N 89°56 ' 52" W 1932 .32 feet along said South line to the South corner common to Sections 33 and 34 ; thence run N 89°58 ' 05" W 662 . 23 feet; thence run N 00°05 '46" E 245. 18 feet; thence run N 69°33 '26" E 1018 . 92 feet along the South line of Clarcona-Ocoee Road, said line being 30 feet South of the centerline of the paved road; thence run 188. 53 feet to the right along the arc of a curve having a radius of 570. 00 feet and a central angle of 18°57 ' 04" ; thence run N 88 °30 ' 30" E 1455. 63 feet; thence run South 676. 78 feet along the West line of the East 720. 00 feet of the Southwest 1/4 of said Section 34 to the Point of Beginning. Containing 33 . 8778 acres more or less. AND That part of Southwest 1/4 of Section 34 , T21S, R28E, Orange • County, Florida, described as follows: From the Southeast corner of said Southwest 1/4 of Section 34, run North 756. 21 feet long the East line of said Southwest 1/4 to the Point of Beginning; thence run S 88 °30 ' 30" W 1689.59 feet along the centerline of the paved road; thence run N 00°10 '24" E 831.81 feet; thence run S 84 °01 ' 51" E 825. 99 feet along the Southerly line of the A.C.L. Railroad Right-of-Way as reestablished from A.C.L. Right-of-Way map V. 12 FLA/51 thence continue along the Right-of-Way on a curve to the left having a radius of 1457.42 feet, a central angle of 35° 16 ' 40" , and an arc length of 897 . 35 feet; thence run South 880. 58 feet along the East line of the Southwest 1/4 of Section 34 to the Point of Beginning. Containing 29.7036 acres more or less. AND That part of Sections 33 and 34 , T21S, R28E, Orange County, Florida, described as follows: From the South corner common to said Sections 33 and 34, run N 00°02 '27" E 556. 42 feet along the line common to said sections to the Point of Beginning; thence run S 69° 33 ' 26" W 706. 60 feet along the North line of Clarcona-Ocoee Road; thence run N 00° 05 ' 46" E 1087 . 80 feet along the West Line of the East 1/2 of the Southeast 1/4 of the Southeast 1/4 of said Section 33, thence run N 89°33 '42" W 295. 30 feet along the North line of the Southeast 1/4 of the Southeast 1/4 of said Section 33 ; thence run Northeasterly 298.98 feet along the arc of the South Right-of-Way line of the A.C.L. Railroad (as reestablished from A.C.L. Right-of-Way map V. 12 FLA/5) alon. a curve concave to the South having a radius of 1241.78 feet, a cen ral angle of 13 °47 '41" , and a chord of 298. 25 feet that bears N 70°44 ' 18" E; thence run N 77°38 ' 09" E 356.80 feet; thence run 329. 36 feet to the right along a curve having a radius of 1878.29 feet and a central angle of 10°02 '49" ; thence run N 00°02 '27" E 6.50 ' eet; thence continue Easterly 273 . 17 feet along the arc of a curve having the same center point as the last mentioned curve and a radius of 1884 .79 feet and a central angle of 08°18 '41" ; thence run S 83 °59 ' 51" E 451. 01 feet; thence run S 84 °01 ' 51 E 2 . 4 .42 feet; thence leaving the Railroad Right-of-Way run S 00°10 '24" W 831. 81 feet; thence run S 88 °30 ' 30" W 487. 84 feet along the orth line of Clarcona-Ocoee Road, said line being 30 feet North of the centerline of the paved road; thence run 208. 38 feet to th- left along the arc of a curve having a radius of 630. 00 feet and a central angle of 18 °57 ' 04" ; thence run S 69°33 '26" W 289.84 feet o the Point of Beginning, containing 37.9560 acres more or less. AND Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 and all that part of the Northwest 1/4 of the Northwest 1/4 of the Northeast 1/4 lying West of the Railway, all in Section 3 , Township 22 South, Range 28 East. The above described property lies in Orange County, Florida, more particularly described as: Beginning at the Northeast corner of the Northwest 1/4 of said Section 3 , run S 89°45 ' 13" E, 198. 77 feet along the North line of said Section 3 to an intersection with the Westerly Right-of-Way line of the Seaboard Coastline Railroad being a 60. 00 foot Right- of-Way; Thence run Southwesterly 238 . 63 feet along said Westerly Right-of-Way line and the arc of a curve concave Southeasterly, having a radius of 3661. 57 , a delta of 03 °44 ' 03" and a chord bearing of S 08 °21' 31" W; thence runs S 06°29 ' 30" W, 432 .77 feet along said Westerly Right-of-Way line to the South line of the Northwest 1/4 of the Northwest 1/4 , of the Northeast 1/4 of said Section 3 ; thence run N 89 °45 ' 45" W, 114 .20 feet along said South line to the Southeast corner of the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of said Section Three; thence run N 89 °56 '48" W, 663 . 77 feet along the South line of said Northeast 1/4 of the Northeast 1/4 to the Southwest corner of said Northeast 1/4 of the Northeast 1/4 thence run N 00° 01 ' 33" W, 665. 81 feet along the West line of said Northeast 1/4 of the Northeast 1/4 to the North line of said Section Three; thence run S 90° 00 ' 00" E, 663 . 11 feet along said North line to the Point of Beginning. Containing 12 . 5 acres more or less. 2-162AR-92 : BATTAGLIA EAST Page 2 of 2 CITY OF ' OCOEE ANNEXATION PETITION CASE No. 2 - 162AR - 92 BATIAGLIA EAST AREA: 113.92± ACRES WHITFIELD AND R.R. PORTION PROPERTY TAX ID: "RR"=34-21-28-0000-00042 3-22-28-0000-00001 "WHITFIELD"=34-21 -28-0000-00023 33-21 -28-0000-00027 SITE LOCATION MAP LAKE BREAM •\ � 111111111 ■■1.11■■■11■■■11ali�nn111 m -=�M111 ` moor- m oo SUBJECT iiiiiiiiiiiiiiiiiiiiiii \` \mum i1111■■11i■■■■11■1111■■■11■■111 �. \ moss PARCEL i■■■■ii■■ii11■1111i1111i11111\ ■■` '■■■■1111111111111111■■■■11■■■■1\ A. Ii■11■■11■11■■■ �T _.Tiip ------ iiIP� 11■.i■■■■■'■i11■■11■■■■•• \ 1"...\\ _../■■11■■■■■i■11■■■■■■■■■■I\\ �1111■■I.■11■■■■■■11i■■■■11■■■1\ \. Eftis.■■■■i■■►.■■■■■■■■■■■■i■■11i\ : ..o' �11■/l�c�cil1■■■■■■■■.■1111■■■■I\\ r-\ate \` \‘ N��� CITY ■■■11111111■L'!�' \ 1111■i■■11■cp• .•`C.. \ LAKE ■■11■■11u■I N ADDAH 4IIt1UI 1111■■■■u■c `� k & ,, .�...,. NEE■EI•/I�'�\ � \\�'. rMilit N, 11.K211111111, • ii t NalliniM•111•11111111 t: Fuinflia , RIP 010.11ff' MINS 61•11111 I: 1 0011 r 0111 0001 1/0/ ali,►�afr�, WO 16011.0411111111 ,.,.,,ail, '% i� ion EXHIBIT "B" �a\ 1111I/, -_NI ' •iti1�.l�111111111111110,.. :I► ��'& \ UNINCORPORATED ORANGE COUNTY (FOR ILLUSTRATION PURPOSES ONLY) EXHIBIT "B"