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ORDINANCE NO, 98-05
Orange Co FL 1998-01&0486
042898 12:3&:41p.
OR Bk 5468 Pg 2921
Rec 24.00
CASE NO, AR-97-09-09: VAN LANDINGHAM
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO
THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN
REAL PROPERTY CONTAINING APPROXIMATELY 2,13 ACRES LOCATED
ON MARSHALL FARMS ROAD, APPROXIMATELY 1,550 FEET NORTH OF
THE INTERSECTION OF STATE ROAD 50 AND MARSHALL FARMS ROAD
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 (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 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: OR Bk 546 a Pg 2922
Orange Co FL 1998-0160486
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.
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. OR Bk 546 e Pg 2923
Orange Co FL 1~~8-0160486
SECTION 11. This Ordinance shall take effect 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 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 oll~ day of IffJA-J'" , 1998.
APPROVED:
CITY OF OCOEE, FLORIDA
'ii~~
ADVERTISED MARCH 5, 1998
ADVERTISED MARCH 12, 1998
READ FIRST TIME MARCH 17, 1998
R~D SECOND TIME AND ADOPTED
Itl'- ~5t.' ~ 'I f
UNDER AGEN ITEM NO. ~
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO ~RM AND LEGALITY
this :4 ~ day of ,n , 1998.
:~LEY~~E~~
City Attorney
EXIlIBIT "A"
OR Bk 5468 Pg~2924
Orange Co FL 1998-0160486
BEGm ON THE NORTH BOUNDARY LINE OF SO'C'l'BWEST 1/4 OF SOtJTREAST
J./4 SECTION 19 I . TOWNSEaP 22 SOtITRl RANGE 28 BAST I AT A pomr :1.3
CHAmS AND 43 LnntS PROM NORTHWEST CORNERl THENCE SOtrrH 43
DEGREES WEST 6 CBADfS AND 46 LJ:NltS; 'l'HENCE SOtn"B: 1S CHAINS AND
30 LnntS TO THE SECTJ:ON LD1E; 'r.Bl!:NCE BAST ON SEC'l'J:ON LJ:NE J.J.
CRAmS; THENCE NORTH 20 CRAmS HaRE OR LESS TO NORTH BOtJNDARY OF
SAJ:D 40 ACRES; THENCE WEST 6 CRADlS .AND 47' LnntS '1'0 PO.IN'l' OF
BEGnmmG.. AND BEING MORE PARTIct1LAIUaY DESCRJ:BED AS FOLLOWS.:
BEGJ:N A'l' A POnn' '274 FBE'l' SOUTlI 41 DEGREES 5S MINUTES 07 SECONDS
WEST OF INTERSECTION OF NORTH FORTY LDm OF THE ABOVE DESCRIBED
PROPERTY AND THE SOUTHEAST RIGBT-OF-WAY L:INl!: OF THE
MARSHALL-FAlUIS ROAD, PREVIOUSLY KNOWN AS OCOEE-BElJ'LAH. BARD ROAD;
THENCE NORTH 88 DEGREES S4 MJ:NOTES 54 SECONDS EAST TO TBE
CENTERLJ:NE OF A CERTAm COlJN'I'Y DRAINAGE DJ:TCH. ALSO BEING THE
NORTHWEST BOUNDARY OF OCOEE COMMERCIAL PARK, AS RECORDED I.N PLAT
BOOK 26, PAGES, :1.35 AND 136, PUBLIC RECORDS OF ORANGE COUNTY,
nOR:IDA. 935 FEET MORE OR LESS: THENCE RUN PARAI.tLEL TO SAID
lUGBT-OF-WAY LDm, ALONG SAID CENTERLINE OF nITCH SO'OTR 41
DEGREES 55 ~S 07 SECONDS WEST 137 FEET; THENCE SOUTH 88
DEGREES 54 MDl'O'"I'ES 54 SECONDS WEST TO SAn) lUGBT-OF-WQ.Y LINE OF
MARSRALL- FAmIS ROAD 935 FEET MORE OR LESS; THENCE ALONG SAID
RJ:GRT-OF-WAY LDm NORTE 41 DEGREES S5 MniOTES 07 SECONDS EAST
137.00 FEET TO THE POINT OF BEG~NG.
"Exhibit B"
OR Bk 54&8 Pg 2925
Orange Co FL 1'98-0160486
Recorded - Martha O. Haynie
Vanlandingham Annexation location Map
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