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Home My WebLink AboutOrdinance 2006-020 111111111111111 1111111111111111111111111 n 111111111111I ~ INSTR 20070129B33 OR BK 09134 PG 1724 PGS=6 MARTHA O. HAYNIE. COMPTROLLER ORANGE COUNTY, FL 02/28/2007 11~09:33 AM REC FEE :,2.50 ORDINANCE NO. 2006-020 (Annexation Ordinance For ABC Store) 11111111111111111 111111111111111111111 III TAX PARCEL ID #s 20-22-28-0000-00-062 20-22-28-0000-00-019 iNSTR 20070218420 OR BK 09194 PG 182G PGS=G MARTHA O. HAYNIE, COMPTROLLER ORANGE COUNTY, FL CASE NO. AX-04-05-18: ABC Fine Wines & Spirit=~~~~~~;:2:32:29 PM AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.355 ACRES LOCATED 575 FEET WEST OF THE STATE ROAD 50 AND STATE ROAD 439 INTERSECTION 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 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 ofOcoee (the "Ocoee City Code"); and WHEREAS, on February 11, 1994, Orange County and the City ofOcoee 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 ORLA_338950.1 -1- consistent with the JP A 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. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article vrn 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. 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 ofOcoee, Florida: SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTIONS OF PARCELS A, B, & C, EACH 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 and EXHIBIT "B" and by this reference is made a part hereof. Section 5. The Ocoee City Commission hereby fmds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JP A Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JP A Agreement, and the 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 ofOcoee, 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. ORLA_338950.1 -2- 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 o.ereto. 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. 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 13- day of ~ -'" . APPROVED: ,2006. ATTEST: CITY OF OCOEE, FLORIDA ~;Lr~ S. Scott V andergrift, Ma~ (SEAL) ADVERTISED AND 12-11 /or, READ FIRST TIME De c. 5 , 2006. READ SECOND TIME AND ADOPTED De Co. l ~ . woto , UNDER AGENDA ITEM NO. 5 CL FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS T<), ~ORM AND L~ALITY THIS 11- DAY OF LX{~k~2006 FOLTJiARD7t:JIJ By: .>." City Attorney ORLA_338950.1 -3- ORLA_338950.1 EXIDBIT "A" LEGAL DESCRIPTION , ',.!.4- D~SCRlPTION: PARCEL A A PORTION OF THE ABANDONED ATLANTIC COASTUNE RAlLROAD AS RECORDED IN OFFICIAL RECORDS BOOK 3607, PAGE 2027 OF THE PUBUC RECORDS OF ORANGE COUNTY, flORIDA EElNG DESCRIBED AS FOlLOWS: COMMENCE A T THE SOUTHWEST CORNER OF SECTION 20. TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA AS A POINT OF RUERENCE: n-IENCE RUN N 89"SS'19"E. ALONG THE SOUTH UNE THEREOF; 664.88 FEET TO THE WEST UNE OF THE SOUTHEAST 1/4- OF TH~ SOUTHWC:ST 1/4- OF THE SOUTHWEST 1/4 OF SAID SECTION 20: THENCE RUN N 00"18'23. W, ALONG SAID WEST UNE, 74.50 FEET TO THE NORTH RIGHT OF WA Y UNE OF STATE ROAD No. 50; THENCE RUN S 89"57'04- E, ALONG SAID NORTH UNE, 250.00 FEET: THENCE RUN N 00' 8 '23-W, 200.00 FEET: THENCE RUN N 50-o0'00-E, 17.93 FEET TO THE POINT OF BEGINNING, SAID POINT LYING ON THE WEST RIGHT OF WA Y UNE OF AFORESAID ATlANTIC COASTUNE RAILROAD: THENCE CCttl71NUE N 50'00'00- E. 100.00 FEET TO THE EAST RIGHT OF WAY UNE OF SAID RAILROAD, SAID UHE SEJNG A CURVE CONCA VE TO THE NORTHEAST; THENCE RUN NORTHWESTERLY ALONG SAID EAST UNE AND CURVE HA vrNG A CENTRAL ANGLE OF 3"27'42-, A RADIUS OF 5679.6e FEET, AN ARC LENGTH OF 343.16 FEET, A CHORD SEARING OF N 37'42'42- W AND A CHORD DISTANCE OF 34J.11 FEET; THENCE RUN N 35"58'51- W. CON71NUING ALONG SAID EAST UHE, 28.88 FEET: THENCE RUN N 39'8'44- W, 52.71 FEr TO THE NOR1H UNE OF THE AFOREMEN71OHED SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SEC710N 20: THENCE RUN N 89'45'26- W. ALONG SAID NORTH UNE, 82.31 FEET TO THE WEST UHE THEREOF; THENCE RUN S 00'8'23- Eo ALONG SAID WEST UNE, 52.36 FET TO THE AFORESAID WEST RIGHT OF WAY UNE OF THE RAILROAD; THENCE RUN S 35'58'51. E, ALC>>JG SAID ~T UNE, 87.61 FEET TO A CURVE CONCA 'IE TO THE NORTHEAST: THENCE RUN SOUTHEASTERlY ALONG SAID WEST UNf AND ClJR\'E' HA vrNG A CENTRAL ANGLE OF 3"28'17-, A RADIUS OF 5779.65 FEET, AN ARC LENGTH OF 350.18 FEET, A CHORD BEARING OF S 37'4J'00. E AND A CHORD DISTANCE OF 350.12 FEET TO THE POINT OF SEGfNNING. THE ABOVE DESCRIBED PARCEl. OF LAND CONTAINS 1.037 ACRES MORE OR LESS. -4- EXInBIT "A" CONTINUED DESCRIPTION: PARCEL 8 A PARCEL OF LAND IN THE SOUTHEAST 1/4 OF THE SOUTHMEST 1/4 OF THE SOUTH\\EST 1/4 OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE: COUNTY, FLORIDA 8EING DESCRIBED AS FOLLOWS: COMMENCE A T THE SOUTHWEST CORNER OF SAID SECTION 20, AS A POINT OF REFERENCE: THENCE RUN N 89'56'19"F:, ALONG THE SOUTH UNE THEREOF, 664.88 FEET TO THE \\EST OF SAlD SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE ~~ N 00"18'2J- Iv. ALONG SAID ~T UNE, 74.50 FEET TO THE POINT OF BEGINNING SAID POINT L 'fING ON 7HE NORTH RIGHT OF WAY UNE OF STA TE ROAD No. 50: ,THf'!JCE RUN S 89"57'04- E ALONG SAID NORTH UNE, 100.00 FEET; THENCE RUN N oo182J W, 243.47 . THENCE RUN N 50'00'00- Eo 107.70 FEET TO THE: ~T RIGHT OF WAY UNE OF THE ~~TIC COAST1./NE RAILROAD AS RECORDED IN OFFICIAL RECORDS BOOK 3607, PAGE UBUC RECORDS OF ORANGE COUNTY. FLORIDA, SAID UNE BEING A CURVE ~~ ~ "roE ~E NORTHEAST.' THENCE RUN NORTH~TERL Y ALONG SAlD WEST UNE AND CURVE HAVING A CENTRAL ANGLE OF 2'0'58-, A RADIUS OF 5779.65 FEET, AN ARC TH OF 22018 FEET. A CHORD BEARING OF N 37TJ4'2O- W AND A CHORD DISTANCE OF ~~6 FEET,' THENCE RUN N 35"58'51- W. CONl1NUING ALONG SAlD WEST UNE, 87.61 FEET TO THE AFORESAID WEST UNE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 20: THENCE RUN S 00'8'2J- E, ALa-./G SAID \\EST UNE, ~9.18 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1.294 ACRES MORE OR LEss. DESCRIPTION: PARCEL C A PARCEL OF LAND IN THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY. FlORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE A T THE SOUTHWEST CORNER OF SAID SECTION 20, AS A POINT OF REFERENCE; THENCE RUN N 89"56'19-E, ALONG THE SOUTH UNE THEREOF', 664.88 FEU TO THE YrE'ST UNE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN N 00'8'23- W, ALONG SAID WEST UNE, 74.50 FEET TO THE NORTH RIGHT OF WAY UNE OF' STATE ROAD No. 50: THENCE RUN S 89"57'04- E. ALONG SAID NORTH UNE. 250.00 FEET; THENCE RUN N 00'8'2J-W, 200.00 FET: THENCE RUN N .50"OO'OO"F:, 117.93 FEET TO THE EAST RIGHT OF WA Y UNE OF A nANTIC COASTUNE RAILROAD, SAlD UNE 8E1NG A CUR'E CONCA YE TO THE NORTHEAST: THENCE RUN NORTHWESTERLY ALONG SAlO EAST UNE AND CURVE HAVING A CENTRAL ANGLE OF 1~4'O4-. A RAO/US OF 5679.65 FEET, AN ARC LENGTH OF 155.42 FEET. A a-IORD BEARING OF N 38'39'312- W AND A CHORD DISTANCE OF 155.42 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTHWES1ERL Y ALONG SAID EAST UNE AND CURYE HA VlNG A CENTRAL ANGLE OF' 1 "5,3'38-, A RADIUS OF 5679.65 FEET, AN ARC LENGTH OF 187.74 FEET, A OIORD BEARING OF N .36"55'40- W AND A CHORD DISTANCE OF 187.73 FEET; THENCE RUN N 35"58'51- W, ALONG SAID EAST UNE, 28.88 FEET; THENCE RUN S 39'8'44- E, 167.43 FEET: THENCE RUN S 34"28'13- E, 32.54 FEET TO A CURVE' CCWCAVE' TO THE ~T; THENCE RUN SOUTHERLY ALONG SAID CURVE' HAVING A CENTRAL ANGLE OF 3439'10-, A RAOlUS OF 30.00 FEET, AN ARC LENGTH OF 18.14 FEET, A OIORD BEARING OF S 17'08'38- E AND A CHORD O/STANCE OF 17.87 FEET TO THE POINT OF BEGINNING. THE ABO~ DESCRIBED PARca OF LAND CONTAINS 0.024 ACRES MORE OR LESS. ORLA_338950.1 -5- EXHIBIT "B" ABC Fine Wines & Spirits Location Map ~ e ORLA_338950.1 I : ir I l, Ilr-'II 11'...LlJ'. 1/' , v 11 I LAKE BENNE -6-