Ordinance 2007-012 Annexation FDOT Surplus Parcel
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INSTR 20070348652
OR BK 09280 PG 0053 PGS=5
"ARTHA O. HAYNIE, COMPTROLLER
ORANGE COUNTY, FL
95/30/2007 01:12:59 PM
REC FEE 44.89
ORDINANCE NO. 2007-012
(Annexation Ordinance For FDOT Surplus Parcel)
T AX 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, 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
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
ORLA_443198.1
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 ofOcoee, 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 ofOcoee, 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 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 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 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.
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 15 day of nJa...-f.-,2007.
APPROVED:
ATTEST:
. .
CITY OF OCOEE, FLORIDA
~-S~- . , +
s, Scott Vandergrift, May
(SEAL)
ADVERTISED ":5- :Si;-JAND t)-t 0-07
READ FIRST TIME (Y~\..h f h ,2007.
READ SECOND TIME AN A OPTED
(Yb'b {'5 {')--DUl , UNDER
AGEN A ITEM NO. \ '?
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LE~, ITY THIS Js:.. DAY OF
C{j , 2007
FOLEYfLARDNERLLP~
By: V/;{~~j f fZ~,~
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 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.
ORLA_ 443198,1
-4-
Exhibit "B"
FOOT Surplus Property Annexation and Rezoning
Location Map
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