HomeMy WebLinkAbout2018-043 Center Street Pond (715 Center Street) - AnnexationAN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO
THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA,
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 3.58
ACRES LOCATED ON THE SOUTH SIDE OF CENTER STREET; 525
FEET EAST OF ORANGE AVENUE; 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 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 approximately 3.58 acres of property as more particularly described in
Exhibit "A" hereto, into the corporate limits of the City of Ocoee, Florida; and
WHEREAS, the Ocoee City Commission has determined that said application 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
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ORDINANCE NO. 2018-043
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(Annexation Ordinance for City of Ocoee Center Street Pond Property — 715 Center Street)
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TAX PARCEL ID # 17-22-28-0000-00-102
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CASE NO. AX -09-18-78: City of Ocoee Center Street Pond Annexation
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AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO
THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA,
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 3.58
ACRES LOCATED ON THE SOUTH SIDE OF CENTER STREET; 525
FEET EAST OF ORANGE AVENUE; 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 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 approximately 3.58 acres of property as more particularly described in
Exhibit "A" hereto, into the corporate limits of the City of Ocoee, Florida; and
WHEREAS, the Ocoee City Commission has determined that said application 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
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20180714360 Page 2 of 5
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 owner 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 V111 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. 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. 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 S. 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 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 and directed to
update and supplement official City maps of the City of Ocoee, Florida, to include said land
herein described and annexed.
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20180714360 Page 3 of 5
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. Conflicting Ordinances. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 10. 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 11. Effective Date. 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.
ATTEST:.
PASSED AND ADOPTED this '/ 0tlay of , ,,!fr er , 2018.
CITY OF OCOEE, FLORIDA
u ty John ivor
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA APPROVED AS
TO FORM AND LEGALITY THIS 41* DAY
OF , 2018.
SHUFFIELD, LOWMAN & WILSON, P.A.
ADVERTISED I 2 AND 11 02 111f
READ FIRST TI , 2018.
READ SECOND TIME AND
ADOPTEI 1�rdBmber �Z , 2018
UNDER AGENDA ITEM NO. 13
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20180714360 Page 4 of 5
EXHIBIT "A"
A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FOR A POINT OF REFERENCE COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST
% OF THE NORTHEAST % OF SAID SECTION 17 AND THE NORTHWEST CORNER OF PARCEL 1
AS DESCRIBED IN OFFICIAL RECORD BOOK 5882, PAGE 1114 OF THE PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA; THENCE RUN SOUTH 89156'00" EAST ALONG THE NORTH LINE OF
THE SOUTHWEST % OF NORTHEAST % OF SAID SECTION 17 AND THE NORTH LINE OF SAID
PARCEL 1 A DISTANCE OF 548.50 FEET TO THE NORTHWEST CORNER OF PARCEL 2 AS
DESCRIBED IN OFFICIAL RECORD BOOK 5882, PAGE 114 OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE CONTINUE RUNNING SOUTH
89056'00" EAST ALONG THE NORTH LINE OF THE SOUTHWEST % OF THE NORTHEAST % OF
SAID SECTION 17 AND THE NORTH LINE OF SAID PARCEL 2 A DISTANCE OF 234.00 FEET;
THENCE RUN SOUTH 00008'09" EAST ALONG A LINE PARALLEL TO AND 40.00 FEET WEST OF
WHEN MEASURED PERPENDICULAR TO THE EAST LINE OF SAID PARCEL 2 A DISTANCE OF
400.70 FEET; THENCE LEAVING SAID PARALLEL LINE RUN SOUTH 89001'21" WEST A DISTANCE
OF 284.00 FEET; THENCE RUN NORTH 00008'22" WEST A DISTANCE OF 137.79 FEET; THENCE
RUN NORTH 87044'35" WEST ALONG THE SOUTH LINE OF PARCEL 1 AS DESCRIBED IN OFFICIAL
RECORD BOOK 5882, PAGE 114 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA A
DISTANCE OF 157.57 FEET; THENCE LEAVING THE SOUTH LINE OF SAID PARCEL 1 RUN NORTH
00003'57" EAST A DISTANCE OF 262.06 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH
WEST % OF THE NORTHEAST % OF SAID SECTION 17 AND THE NORTH LINE OF SAID PARCEL 1;
THENCE RUN SOUTH 89056'00" EAST ALONG THE NORTH LINE OF THE SOUTHWEST % OF THE
NORTHEAST % OF SAID SECTION 17 AND THE NORTH LINE OF SAID PARCEL 1 A DISTANCE OF
206.50 FEET TO THE POINT OF BEGINNING.
CONTAINING 156.135 SQUARE FEET OR 3.58 ACRES, MORE OR LESS.
in
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"EXHIBIT B" 20180714360 Page 5 of 5
Location Map
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