2021-046 Martinez-Perez Property - 128 1st St. - AnnexationORDINANCE NO.2021-046
(Annexation Ordinance for 12815f Street —
Martinez -Perez Property)
TAX PARCEL ID: 17-22-28-0000-00-069
DOC # 20210508152
08/19/2021 12:12 PM Page 1 of 5
Rec Fee: $44.00
Deed Doc Tax: $0.00
Mortgage Doc Tax: $0.00
Intangible Tax: $0.00
Phil Diamond, Comptroller
Orange County, FL
Ret To: CSC INC
CASE NO. AX-06-21-21: 128 lst Street — Martinez -Perez Property Annexation
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA,
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.02
ACRES LOCATED ON THE WEST SIDE OF 1sT STREET
APPROXIMATELY 1124 FEET SOUTH OF E. SILVER STAR ROAD;
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 1.02 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 July 13, 2021, the Planning and Zoning Commission of the City
of Ocoee, Florida, 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, 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
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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 neap 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, as
amended, and meets all of the requirements for annexation set forth in the Ocoee Comprehensive
Plan, 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 fuuture 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. 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.
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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 P✓day of ZU 2021.
ATTEST:
Melanie Si butt, City, Cleiie
i
f. (SEAL) ;
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA APPROVED AS
TO FORM AND LEGALITY THIS DAY
OF'tVC , 2021
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
Ci •n
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Jolu n ayor
ADVERTISED j c/ AND
READ FIRST TIME , - , 2021
READ SECOND TIME A14D ADOPTED
1 , 2021, UNDER AGENDA
ITEM NO.
20210508152 Page 4 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
THE SOUTH 160 FEET OF THE NORTHWEST'/n OF THE SOUTHEAST'A OF SECTION
17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, EAST OF LAKE, LESS THE EAST 185
FEET THEREOF LYING AND BEING SITUATED IN ORANGE COUNTY, FLORIDA.
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