2019-003 3872 Old Winter Garden Road PUD - Annexation DOC#20190114967
02/25/2019 12:00 PM Page 1 of 5
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ORDINANCE NO. 2019-003 Phil Diamond, Comptroller
(Annexation Ordinance for 3872 Old Winter Garden Road PUD)Orange County, FL
Ret To: CSC INC
TAX PARCEL ID: 28-22-28-0000-00-019
CASE NO. AX-07-18-75: 3872 Old Winter Garden Road PUD
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY +/-1.25 ACRES LOCATED ON THE SOUTH SIDE
OF OLD WINTER GARDEN ROAD AND 260 FEET EAST OF HEMPEL
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 of certain
real property located in unincorporated Orange County, Florida, as hereinafter described, has
petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission")to
annex approximately +/- 1.25 acres of property, as more particularly described in Exhibit "A"
attached hereto, 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 Land Development Code of the City of Ocoee (the"Code"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered
into a Joint Planning Area Agreement, which has from time to time been amended by Orange
County and the City of Ocoee (the "JPA Agreement"), and which affects the annexation of the
real property hereinafter described; and
WHEREAS, on January 8, 2019, the Planning and Zoning Commission of the
City of Ocoee, Florida, reviewed the proposed annexation and made no recommendation as to
the Ocoee City Commission for said annexation; and
20190114967 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
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. AUTHORITY. 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 C-7 of Article 1 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" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF
Section 4. MAP. 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. 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, as amended, 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 to update and
supplement official City maps of the City of Ocoee, Florida, to include said land herein described
and annexed.
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.
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Section 9. 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 10. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 11. EFFECTIVE DATE. This Ordinance shall become effective 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 for Orange County, Florida, the Chief
Administrative Officer of Orange County, Florida, and with the Florida Department of State
within seven (7)days from the effective date.
PASSED AND ADOPTED this lf�d'ayof �,�11'
2019.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Rusty Johnson,
ADVERTISED o2 7 AND
READ FIRST TI E ;'kh ,2019
READ SECOND TIME AN ADOPTED
FOR USE AND RELIANCE ONLY BY M�� 1� 2019, UNDER
THE CITY OF OCOEE, FLORIDA AGENDA ITEM NO.
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
92019
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City
20190114967 Page 4 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PART OF THE SW OF THE NW % LYING BETWEEN HEMPLE & ARLINGTON
AVENUES AND BETWEEN OLD WINTER GARDEN ROAD AND MARKET STREET F/K/A
BLOCK 15 OF PARK RIDGE, PLAT BOOK 0, PAGE 100, PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA.
LESS AND EXCEPT:
A PORTION OF BLOCK 15, PARK RIDGE AS RECORDED IN PLAT BOOK 0, PAGE 100,
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA LYING IN THE SW % OF THE NW
OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CRNER OF SAD BLOCK 15, SAID POINT BEGING THE
INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF MARKET STREET AND THE
EAST RIGHT-OF-WAY LINE OF HEMPLE AVENUE ACCORDING TO SAID PARK RIDGE;
THENCE RUN THE FOLLOWING TWO (2) COURSES ALONG THE WEST LINE OF SAID
BLOCK 15 AND SAID EAST RIGHTOOF-WAY LINE; NORTH 00*17'19" WEST FOR A
DISTANCE OF 133.75 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 69.00 FEET WITH A CHORD BEARING OF
NORTH 52010'11" EAST AND A DISTANCE OF 126.35 FEET TO A POINT OF TANGENCY
ON THE NORTH LINE OF SAID BLOCK 15 AND THE SOUTH RIGHT OF WAY LINE OF
SAID OLD WINTER GARDEN ROAD ACCORDING TO SAID PARK RIDGE; THENCE RUN
SOUTH 75022'18" EAST ALONG SAID NORTH LINE AND SAID SOUTH RIGHT-OF-WAY
LINE FOR A DISTANCE OF 151.41 FEET; THENCE DEPARTING SAID NORTH LINE AND
SAID SOUTH RIGHT-OF-WAY LINE, RUN SOUTH 14-37'42" WEST A DISTANCE OF 216.00
FEET TO A POINT ON THE SOUTH LINE OF SAID BLOCK 15 AND THE NORTH RIGHT-OF-
WAY LINE OF AFORESAID MARKET STREET; THENCE RUN NORTH 75022'18" WEST
ALONG SAID SOUTH LINE AND SAID NORTH RIGHT-OF-WAY LINE FOR A DISTANCE OF
183.66 FWWT TO THE POINT OFBEFINNING.
ALSO LESS AND EXCEPT:
LANDS CONVEYED FOR RIGHT OF WAY AS DESCRIBED IN DEED BOOK 430, PAGE 48,
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
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EXHIBIT "B"
Map of Annexed Area
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