2021-063 Commerce 429 PUD - AnnexationORDINANCE NO.2021-063
(Annexation for Commerce 429 PUD)
DOC # 20210753915
12/09/2021 13:32 PM Page 1 of 6
Rec Fee: $52.50
Deed Doc Tax: $0.00
Mortgage Doc Tax: $0.00
Intangible Tax: $0.00
Phil Diamond, Comptroller
Orange County, FL
Ret To: CSC INC
TAX PARCEL Ill: 07-22-28-0000-00-026, 07-22-28-0000-00-096,
07-22-28-0000-00-024 acid 07-22-28-0000-00-066
CASE NO. AX-01-21-01: COMMERCE 429 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 39.96 ACRES, LOCATED ON THE WEST SIDE OF
OCOEE APOPKA ROAD, EAST OF SR 429 AND APPROXIMATELY
2,900 FEET SOUTH OF FULLERS CROSS 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 +/- 39.96 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€ 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
20210753915 Page 2 of 6
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 Conuiiission 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 aiuiexed
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 S. 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
sauce 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.
20210753915 Page 3 of 6
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 Cleric 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 day of /, 2 02 1.
ATTEST:
Melanie Sib itt. City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA APPROVED AS
TO FORM AND LEGALITY THIS p DAY
OF , 2021
SH]
Los
, P.A.
APPROVED;
CITY OF OCOEE, FLORIDA
Rusty JoI464 Mayor
ADVERTISED a1 AND o? o?
READ FIRST TIME 6 ,[� , 2021
READ SECOND TIME AND ADOPTED
2 , 2021, UNDER AGENDA
ITEM NO. -�
20210753915 Page 4 of 6
EXH1131T «A"
LEGAL DESCRIPTION
PARCEL A:
THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE OF THE
NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22
SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA:
ALSO:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (1/4) OF THE
NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST
QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN SOUTH 88
DEGREES 15 MINUTES 00 SECONDS WEST ALONG THE SOUTH LINE OF THE -SAID SOUTHWEST
QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF
THE SOUTHWEST QUARTER (1/4) 31.00 FEET; THENCE NORTH 0 DEGREES 13 MINUTES 00
SECONDS WEST 336.42 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER (1/4) OF
THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST
QUARTER (1/4); THENCE NORTH 88 DEGREES 03 MINUTES 00 SECONDS EAST 40.00 FEET TO
THE NORTHEAST CORNER OF THE SAID SOUTHWEST QUARTER (1/4) OF THE NORTHWEST
QUARTER (114) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4);
THENCE SOUTH 1 DEGREE 18 MINUTES 40 SECONDS WEST 336. 93 FEET TO THE POINT OF
BEGINNING, ORANGE COUNTY, FLORIDA;
TOGETHER WITH:
THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (114)
OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
ORANGE COUNTY, FLORIDA; AND THE SOUTH HALF (1/2) OF THE NORTHEAST QUARTER (114)
OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) AND THE SOUTH
HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE
SOUTHWEST QUARTER (114) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA; AND THE SOUTH QUARTER (1/4) OF THE WEST HALF (1/2) OF THE
NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4), LESS THE WEST 2 ACRES
THEREOF, SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA;
ALSO TOGETHER WITH:
THE NORTH HALF (112) OF THE SOUTHWEST QUARTER (114) OF THE NORTHEAST QUARTER
(114) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28
EAST, ORANGE COUNTY, FLORIDA.
SUBJECT TO RIGHT OF WAY FOR OCOEE-APOPKA ROAD (AKA STATE ROAD NO. 437) ALONG
THE EAST SIDE OF THE PROPERTY.
PARCEL B:
A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK
5140, PAGE 1053, AND THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS
BOOK 5140, PAGE 1505, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, LYING AND BEING IN
THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
20210753915 Page 5 of 6
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, SAID POINT BEING A 6
INCH BY 6 INCH CONCRETE MONUMENT; THENCE SOUTH 00 DEGREES 18 MINUTES 20
SECONDS EAST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER (1/4) OF SAID
SECTION 7 FOR 1321.69 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER (1/4) OF SAID SECTION 7; THENCE NORTH 87 DEGREES 51 MINUTES 01
SECOND EAST ALONG THE NORTH LINE FOR 624, 53 FEET TO THE EASTERLY LIMITED ACCESS
RIGHT-OF-WAY LINE OF THE WESTERN BELTWAY, STATE ROAD NO. 429, ORLANDO-ORANGE
COUNTY EXPRESSWAY AUTHORITY PROJECT NO, 75320-6460-6021603 AND THE POINT OF
BEGINNING; THENCE CONTINUE NORTH 87 DEGREES 51 MINUTES 01 SECOND EAST ALONG
SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 10.00 FEET; THENCE NORTH 01
DEGREE 43 MINUTES 28 SECONDS WEST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-
WAY LINE FOR 520.02 FEET; THENCE NORTH 87 DEGREES 51 MINUTES 02 SECONDS EAST
ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 290.85 FEET; THENCE
NORTH 01 DEGREE 43 MINUTES 28 SECONDS WEST ALONG SAID EASTERLY LIMITED ACCESS
RIGHT-OF-WAY LINE FOR 1273.05 FEET TO THE EASTERLY LINE OF THE AFORESAID PARCEL
OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1052; THENCE SOUTH 19
DEGREES 52 MINUTES 25 SECONDS EAST ALONG SAID EASTERLY LINE FOR 21.38 FEET;
THENCE SOUTH 42 DEGREES 23 MINUTES 10 SECONDS EAST ALONG SAID EASTERLY LINE FOR
135.00 FEET; THENCE SOUTH 05 DEGREES 11 MINUTES 50 SECONDS EAST ALONG SAID
EASTERLY LINE FOR 203.00 FEET; THENCE SOUTH 12 DEGREES 16 MINUTES 38 SECONDS EAST
ALONG SAID EASTERLY LINE FOR 172.00 FEET; THENCE SOUTH 16 DEGREES 26 MINUTES 18
SECONDS WEST ALONG SAID EASTERLY LINE FOR 137. 99 FEET; THENCE SOUTH 06 DEGREES
41 MINUTES 41 SECONDS EAST ALONG SAID EASTERLY LINE FOR 220.00 FEET; THENCE SOUTH
40 DEGREES 17 MINUTES 22 SECONDS EAST ALONG SAID EASTERLY LINE FOR 395.00 FEET;
THENCE SOUTH 52 DEGREES 43 MINUTES 08 SECONDS EAST ALONG SAID EASTERLY LINE FOR
43.00 FEET; THENCE SOUTH 00 DEGREES 23 MINUTES 41 SECONDS WEST ALONG SAID
EASTERLY LINE, ALSO BEING THE EAST LINE OF THE NORTHWEST QUARTER (1/4) OF THE
SOUTHWEST QUARTER (1/4) OF SAID SECTION 7, FOR 610.07 FEET TO THE NORTH LINE OF THE
SOUTHWEST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION 7; THENCE
SOUTH 87 DEGREES 51 MINUTES 01 SECOND WEST ALONG SAID NORTH LINE FOR 626.00 FEET
TO THE EAST LINE OF THE AFORESAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS
BOOK 5140, PAGE 1505; THENCE SOUTH 00 DEGREES 23 MINUTES 41 SECONDS WEST ALONG
SAID EAST LINE FOR 328.66 FEET; THENCE SOUTH 87 DEGREES 51 MINUTES 01 SECOND WEST
ALONG THE SOUTH LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 5140,
PAGE 1505 FOR 34.27 FEET TO THE AFORESAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY
LINE OF THE WESTERN BELTWAY; THENCE NORTH 01 DEGREE 43 MINUTES 28 SECONDS
WEST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 328.32 FEET TO THE
POINT OF BEGINNING,
'7_VZN�S�
THE WEST 2 ACRES OF THE SOUTH'/z OF THE SOUTHWEST % OF THE NORTHEAST'/ OF THE
SOUTHWEST % OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LESS THE SOUTH 75
FEET OF THE NORTH 150 FEET OF THE WEST 100 FEET THEREOF, ORANGE COUNTY, FLORIDA.
AND
THE SOUTH.75 FEET OF THE NORTH 150 FEET OF THE WEST 100 FEET OF THE WEST 2 ACRES
OF THE SOUTH '/ OF THE SOUTHWEST '/ OF THE NORTHEAST V4 OF THE SOUTHWEST Y OF
SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA.
THE ABOVE DESCRIBED PARCELS CONTAIN A TOTAL OF 39.965 ACRES, MORE OR LESS.
20210753915 Page 6 of 6
Exhibit "B"
Commerce 429 PULE
Location Map
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