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Item #13 FDOT Surplus Property - Annexation and Rezoning Ord. AGENDA ITEM COVER SHEET Meeting Date: May 15, 2007 Item # ~3 Contact Name: Contact Number: Michael Rumer '7'YJ)~ 407-905-3100 x 1018 Reviewed By: Department Director: City Manager: Subject: FOOT Surplus Property Annexation and Rezoning Ordinances Project # AX-01-07-02/ RZ-07-01-02 Commission District 2 - Scott Anderson Issue: Should the Honorable Mayor and City Commission approve annexation and rezoning ordinances for a 1.95 +/- acre parcel of land known as FOOT Surplus Property? Background Summary: Parcel Identification Number: 21-22-28-0000-00-008 General Location: North side of SR 50 (W. Colonial Drive) and between Blackwood Avenue and Clark Road. The City of Ocoee is requesting the annexation of a 1.95 :t acre parcel and a change of zoning from Orange County "A-1" (Citrus Rural) to the City of Ocoee "C-2" (Community Commercial). The city is proposing to construct a future right-of-way and stormwater abatement area. The table below references the future land uses, zoning classifications and existing land uses of the surrounding parcels: Direction Future Land use Zoning Classification Existing Land Use North Commercial C-2 "Community Commercial" Vacant East Commercial C-2 "Community Commercial" Office South Professional office & P-S "Professional Office & SR 50 / Vacant Service Service" West Conservation A-1 "Citrus Rural" Vacant Property Size: Approximately 1.95 Acres. Actual land use and unique features of the subiect property: The parcel is currently vacant; however, the proposed use is for a future right-of-way extension of Crestwood Commons Avenue and a stormwater abatement area. CONSISTENCY WITH STATE & LOCAL REGULATIONS: Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create an enclave. The subject property is considered contiguous to the City of Ocoee since the parcels on the west and north are located within the Ocoee City limits. Joint Plannino Area Aoreement: The subject property is located within the Ocoee-Orange County Joint Planning Area (JPA) and are being considered for annexation as outlined in the JPA Agreement. The City of Ocoee is concurrently requesting rezoning of the property to C-2 (Community Commercial). Orange County has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee- Orange County Joint Planning Area Agreement. Rezonino: The applicant has requested a City of Ocoee zoning designation of C-2 (Community Commercial). According to the Land Development Code, the C-2 zoning designation is intended for areas shown on the Future Land Use Map as "Commercial". The C-2 zoning designation is consistent with the adopted future land use designation of Commercial, shown on both the City of Ocoee and Orange County Joint Planning Area future land use maps. Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states in part, "The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits, when services can be properly provided, and when proposed uses are compatible with the City's Comprehensive Plan, the JPA Aoreement, and the City's Annexation Policy...." [Emphasis added]. The rezoning is consistent with Future Land Use Element Policy 1.15 that states in part, "The City may assign an initial zoning, after annexation, which is consistent with both the Future Land Use Map and the JPA Agreement..." DISCUSSION: Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected impacts of the proposed use and size of the parcels, Staff determined that urban services could be adequately provided to the subject properties. Should the City of Ocoee choose to develop the property in the future; however, it will be required to make certain improvements in accordance with the Land Development Code. (See attached "Annexation Feasibility Analysis") Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. Furthermore, the requested Future Land Use and initial zoning classifications are consistent with the land use classifications on the Future Land Use Map and the JPA Land Use Map. The land use and initial zoning are also consistent and compatible with surrounding properties. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: On March 27, 2007, the ORC met to determine if the proposed annexation was consistent with the City's regulations and policies. Based on the above analysis and subsequent discussions, the ORC recommended approval of the annexation and rezoning of the FOOT Surplus property as presented. PLANNING AND ZONING COMMISSION RECOMMENDATION: The proposed Annexation and Rezoning of the FOOT Surplus Property was reviewed at a Public Hearing by the Planning and Zoning Commission on April 10, 2007. The Planning & Zoning Commission voted unanimously to recommend approval of the Annexation and Rezoning of the +/- 1.95 acres parcel of land known as the "FOOT Surplus property". STAFF RECOMMENDATION: Based on the recommendations of the ORC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the 1.95 +/- acres of land known as the FOOT Surplus Property, and also adopt the ordinance to rezone the property to "C-2" Community Commercial District. Attachments: Location Map Surrounding Future Land Use Map Surrounding Zoning Map Annexation Feasibility Analysis Report Annexation Ordinance Rezoning Ordinance Financial Impact: None. o :\Staff Reports\2007\SR07035_MWRJDOT _AX&RZ_ CC2.doc Type of Item: ~ Public Hearing Ordinance First Reading ~ Ordinance Second Reading Resolution ..lL Commission Approval Discussion & Direction For Clerk's DeDf Use: Consent Agenda Public Hearing _ Regular Agenda Original DocumenUContract Attached for Execution by City Clerk Original DocumenUContract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( N/A N/A N/A FOOT Surplus Property Annexation and Rezoning Location Map 000000 00 0 o 0 o 0 o 0 o 0 o 9 Ocoee Community Development Department 1 inch equals 566.819854 feet 200 100 0 200 400 600 Feet Printed: month year C Subject Property I ~-l Low Density Residential _ Medium Density Residential .. High Density Residential _ Professional Offices and Services _ Commercial _ Light Industrial _ Heavy Industrial _ Conservation/Floodplains _ Recreation and Open Space _ Public Facilities/Institutional FOOT Surplus Property Annexation Current Future Land Use 9 Ocoee Community Development Department 1 inch equals 682.536245 feet 22!J12.50 225 450 675 Feet Legend Printed: month year General Agricultural (A-1) _ Suburban (A-2) Single-Family Dwelling (R-1AAA) Single-Family Dwelling (R-1AA) I Single-Family Dwelling (R-1A) ::::J Single-Family Dwelling (R-1) =::J One- & Two-Family Dwelling (R-2) _ Multiple-Family Dwelling (R-3) _ Mobile Home Subdivision (RT-1) _ Professional Offices & Services (P-S) _ Neighborhood Shopping (C-1) _ Community Commercial (C-2) _ General Commercial (C-3) _ General Industrial (1-2) ~ Commercial (PUD) ~ Low Density (PUD) _ Medium Density (PUD) IIlIlI High Density (PUD) _ Public Use (PUD) / / / / Unclassified FOOT Surplus Property Annexation Surrounding Zoning Map CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AX-01-07 -02 I RZ07 -01-02 ApPLICANT NAME: City of Ocoee PROJECT NAME: FDOT SURPLUS PROPERTY This form is used to evaluate annexation requests to determine the feasibility of providing urban services tc individual properties. Each department has filled in the appropriate section and the findings arE summarized below. II. PLANNING DEPARTMENT Michael Rumer I A. Applicant/Owner 1. Owner (if different from Applicant): City of Ocoee 150 North Lakeshore Drive Ocoee, FL 34761-2258 B. Property Location 1. General Location: North side of SR 50 (W. Colonial Drive) and between Blackwood Avenue and Clark Road. 2. Parcel Identification Numbers: 21-22-28-0000-00-008 3. Street Addresses: 9969 W Colonial Drive 4. Size of Parcels: 1.95::1: Acres C. Use Characteristics 1. Existin Use: 2. Proposed Use: 3. 4. Vacant Future (north-south) public roadway that will eventually link with Montgomery Avenue (Ocoee Commons PUD and SR 50 Unknown Unknown D. JPA Land Use Map-Commercial Citrus Rural N/A Community Commercial C-2 E. Consistenc 1. Joint Plannin Area 2. Comprehensive Plan: Yes Yes Ill. FIRE DEPARTMENT Chief Richard Firstner 1. Estimated Response Time: 2-4 minutes 2. Distance to Property: Appox. 1.3 miles from Fire Station 1 (Bluford Ave) 3. Fire Flow Requirements: Fire flow required is 750 gpm's Page 1 of 3 Applicant Name: City of Ocoee Project Name: FOOT Surplus Property Case #: AX01-07-02/ RZ07-01-02 1111. POLICE DEPARTMENT Chief Ron Reffett 1. Police Patrol Zone I Grid I Area: Zone 4 I Grid 33A 2. Estimated Response Time: 5 Minutes 3. Distance to Property: 3.2 4. Average Travel Time 10 Minutes Michael Rumer $0 $28,120 Unknown Unknown Unknown Unknown BUILDING DEPARTMENT 1. Within the 100- ear Flood Plain: Michael Rumer Majority of site lies within Flood Zone A. I VI. UTILITIES David Wheeler, P.E. I A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of Servina Area: Yes 3. Extension Needed: Yes 4. Location and Size of 12" Water Main on SR 50 & 8" Water Main on Nearest Water Main: Blackwood. B. Sanita Sewer 1. In Ocoee Service Area: 2. Ci Ca able of Servin Area: 3. Extension Needed: 4. Location and Size of Nearest Force Main: 5. Annexation A reement Needed: Yes Yes Yes 16" Force Main on Blackwood No- City Owned I C. Other 1. Utility Easement Needed: Not at this time 2. Private Lift Station Needed: If developed for other than road. 3. Well Protection Area Needed: Yes Page 2 of 3 Applicant Name: City of Ocoee Project Name: FOOT Surplus Property Case #: AX01-07-02/ RZ07-01-02 I VII. TRANSPORTATION Michael Rumer 1. Paved Access: Yes 2. ROW Dedication: N/A 3. Traffic Study: N/A 4. Traffic Analysis Zone: 615 I VIII. PRELIMINARY CONCURRENCY EV ALUA TION Michael Rumer N/A A. Transportation: Recreational amenities will not be affected because the development is not B. Parks I Recreation: residential. At the time of the analysis, the City of Ocoee has sufficient sewer and water C. Water I Sewer: capacity to provide water and sewer service. This condition may change and will be subject to an official concurrency evaluation during a site plan approval process A portion of the site is intended to contain a stormwater abatement area. D. Stormwater: At the time of the analysis, sufficient solid waste disposal capacity existed to E. Solid Waste: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process if the property is to develop as somethinq other than a riqht-of-way. N/A F. Impact Fees: I IX. SITE SPECIFIC ISSUES All Departments I When developed, the property will be developed under the same requirements as other non-city owned properties. Ix. CONSISTENCY WITH STATE REGULATIONS: Michael Rumer I These properties are contiguous with the City Limits and reduce the area of an enclave; therefore this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes. Page 3 of 3 ORDINANCE NO. (Annexation Ordinance For FDOT Surplus Parcel) TAX PARCEL ID #s 21-22-28-0000-00-008 CASE NO. AX-OI-07-04: FDOT Surplus Property AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERT AIN REAL PROPERTY CONTAINING APPROXIMATELY 1.95 ACRES LOCATED NORTH OF AND ADJACENT TO COLONIAL DRIVE (S.R. 50) AND APPROXIMATELY 1,280 FEET EAST OF BLACKWOOD 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, 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 of Ocoee entered into a Joint Planning Area Agreement (the "JP A 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 lP 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 VIII 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 of Ocoee, Florida: SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION A TT ACHED 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 finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the lP A Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the lP 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_ 443198.1 -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 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. 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 _ day of ,2007. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 2007 ADVERTISED AND READ FIRST TIME , 2007. READ SECOND TIME AND ADOPTED ,UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney ORLA_ 443198.1 -3- Exhibit "A" Parcell (also known as Borrow Pit No.2) as shown on the Final Judgment entered in the Order of Take Ledger, Law No. 37747 dated 01/25/1960, also shown on State Road Department Right- of-Way Map, Section No. 75050-2501 dated 05/01/1959. A parcel of land in the Southwest 1/4 of the Southwest 1/4 of Section 21, Township 22 South, Range 28 East; Described as follows: Commence at the Southwest corner of said Section 21, and run thence North 00033' West, 353.57 feet for a POINT OF BEGINNING; from said point of beginning continue North 00033' West, 300 feet; thence North 89027' East, 170 feet; thence South 23059' East, 326.9 feet; thence South 89027' West, 300 feet to the POINT OF BEGINNING, containing 1.622 acres, more or less. Also, Haul Road for Barrow Pit No.2 The West 50 feet of the North 285 feet of the south 353.57 feet of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 21, containing 0.328 acres, more or less. ORLA_ 443198.1 -4- Exhibit "B" 1"\1 FOOT Surplus Property Annexation and Rezoning ! Location Map ~ ~ ~ ~~ 1= =: == t=:L----rI z ~ ~;-- -- ~~ I [I I~ -E M I- ~ - l~ I I I I I Ef} I I II IDIV SIGN ),--- I -- - v -:\~~- II ~__-'bJ 'I ~ f--e--~e-- L - ~ 1 % f---I_. R I:F __ -- IIjL '--- ~= GW-/)' ~ L:= ~~ ~ 1-:= ~3 11\= ~ o vt\tt\t,q ::\ ~ ~~D I ~~ ~~~r\ (sEDAUAI ~~ \vt~g @~ EII~r 11'IIifTTTfrJ'5 IT ~ cO ~ -;# - ru GE NEVA '===i~ ---- L- \ ~l I I--: Zo co o () <:( -, \ 1= ( < <: I LJ PR<bvo s., ~I SR 50 -(- -. .. _ II \L... ~ r ~ : r\) ~ ~ ~ <i ex [7 ~ 000000 00 0 o 00 o 0 o 0 o 0 o 0 o 0 00 0 o 0 000000 I~ z o en ~R()\I~ ~r---r---.r-~ WJN.,.~- ~ rtfl!I ~ ij '~,.... 0::: 0 ~ fTii cil ~ 1[/5j--r:l ~ a \ ORDINANCE NO. (Rezoning Ordinance for FDOT Surplus Parcel) TAX PARCEL ID #s 21-22-28-0000-00-008 CASE NO. RZ-07-01-04: FDOT Surplus Property AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICUL TURE" TO OCOEE C-2, "COMMUNITY . COMMERCIAL," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.95 ACRES LOCATED NORTH OF AND ADJACENT TO COLONIAL DRIVE (S.R. 50) AND APPROXIMATELY 1,280 FEET EAST OF BLACKWOOD AVENUE PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real property (the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately 1.95 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-I, "General Agriculture," to Ocoee C-2, "Community Commercial;" and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said Rezoning application and determined that the Rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18,1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, the Rezoning requested by the Applicant is consistent with the Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and the City of Ocoee, as amended (the "JPA Agreement"); and WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has the authority to establish zoning for the real property hereinafter described and to immediately exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; and ORLA_443199.1 WHEREAS, said Rezoning application was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS, on April 10, 2007 the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan, and is in the best interest of the City and recommended to the Ocoee City Commission that the zoning classification of said real property be rezoned as requested by the Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on , 2007 the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes. 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 and Chapters 163 and 166, Florida Statutes. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, of the Property described in Exhibit "A" containing approximately 1.95 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-I, "General Agriculture," to Ocoee C-2, "Community Commercial." A map of said land herein described which clearly shows the area of Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1 (G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any 2 ORLA_ 443199.1 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 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this _ day of ,2007. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2007 READ FIRST TIME ,2007. READ SECOND TIME AND ADOPTED ,2007. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY This day of , 2007. FOLEY & LARDNER LLP By: City Attorney 3 ORLA_ 443199.1 Exhibit "A" Parcell (also known as Borrow Pit No.2) as shown on the Final Judgment entered in the Order of Take Ledger, Law No. 37747 dated 01/25/1960, also shown on State Road Department Right- of-Way Map, Section No. 75050-2501 dated 05/01/1959. A parcel of land in the Southwest 1/4 of the Southwest 1/4 of Section 21, Township 22 South, Range 28 East; Described as follows: Commence at the Southwest comer of said Section 21, and run thence North 00033' West, 353.57 feet for a POINT OF BEGINNING; from said point of beginning continue North 00033' West, 300 feet; thence North 89027' East, 170 feet; thence South 23059' East, 326.9 feet; thence South 89027' West, 300 feet to the POINT OF BEGINNING, containing 1.622 acres, more or less. Also, Haul Road for Barrow Pit No.2 The West 50 feet of the North 285 feet of the south 353.57 feet of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 21, containing 0.328 acres, more or less. 4 ORLA_ 443199.1 Exhibit "B" N FOOT Surplus Property Annexation and Rezoning , Location Map ~ ~ ~ ~ ~~ 1- ~; t:::L--iI f---- I U T z ~ $~= s~ I III ~ GE NEVA ~ ~~ I I I >- I I ffi I I I I IDIV SION J-- I - I I I -;; -- f/} '\ il:'\==~~= L - ~ I \ % f-I_ R F.-F r------ - - 1 tsL '-- ~=~~ 0!> T= r-.~~ J.-.--r f-- f-- f- ~~ll \L- ~ O~4~ ~ ~ ~~ /A~.~ \ (SED~LIAi ~ ?--':J \"":- rnmJ ~ {;gffiJ~ E IIIII JIW 'II Jg; ~ ~ cO ~ '==i~ ----- L- I )LuJ Z ( 0; d' l <~ ~ () Zo co o () <( -, L..J ( \ PR(DVO S1 ~I SR 50 .(.-11.- ,I ""\L. J r r-- ~ c [7 l, a 000000 00 0 o 0 o 0 o 0 o 0 o 0 o 8 00 0 o 0 000000 ~ '--i ~"" I~ z o en ~R()\/~ ~~I--~r:rrb~~ r"\. '6 r!J!i R+J:Jl rid U~I '1\1 I~~ h I HI, ~ ~r----o \