Loading...
2022-01 West Orange Surgery Center - 3422 & 3432 Winter Garden Rd - AnnexationDOC # 20220044709 01/20/2022 13:03 PM Page 1 of 5 Rec Fee: $44.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 ORDINANCE NO.2022-01 Phil Diamond, Comptroller (Annexation Ordinance or 3422 & 3432 Old Winer Garen Orange County, FL ( tiOftdRd Ret To: CSC INC — West Orange Surgery Center) TAX PARCEL ID: 29-22-28-0000-00-030 and 29-22-28-0000-00-029 CASE NO. AX-10-21-22: 3422 & 3432 Old Winter Garden Rd — West Orange Surgery Center 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 1.27 ACRES LOCATED IN THE SOUTHEAST CORNER OF THE INTERSECTION OF OLD WINTER GARDEN ROAD AND 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 properties 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 1.27 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 the Land Development Code of the City of Ocoee (the "Code"); and WHEREAS, on December 14, 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 20220044709 Page 2 of 5 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, 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 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. 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. 20220044709 Page 3 of 5 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 /Y day of 2022. ATTEST: Melanie Sibbitt; City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS JV DAY OF :Tftj .) , , 2022 SHUFFIELD, LOWMAN WILSON, P.A. By: �A APPROVED: CITY OF OCOEE, FLORIDA Rusty Johns yor ADVERTISED AND READ FIRST TIME an r , 2022 READ SECOND TIME AN ADOPTED /' , 2022, UNDER AGENDA ITEM 90. 20220044709 Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION PARCEL ID NO.: 29-22-28-0000-00-030 BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST, WHICH POINT IS NORTH 0 DEGREES 27 MINUTES EAST 979.40 FEET FROM THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER. RUN HENCE SOUTH 74 DEGREES 48 MINUTES EAST 153.34 FEET, THENCE NORTH I DEGREE 32 MINUTES EAST 306.25 FEET TO THE SOUTH RIGHT OF WAY LINE OF THE ORLANDO-WINTER GARDEN ROAD, THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE 156 FEET, MORE OR LESS, TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, THENCE SOUTH 0 DEGREES 27 MINUTES WEST TO THE POINT OF BEGINNING, LESS WEST 60 FEET FOR ROAD AND LESS THAT PART CONVEYED TO THE CITY OF OCOEE, FLORIDA, MORE PARTICULARLY DESCRIBED IN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 7043, PAGE 3278, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. PARCEL ID NO.: 29-22-28-0000-00-029 BEGINNING AT THE POINT WHICH IS NORTH 0 DEGREES, 27 MINUTES EAST 922.73 FEET AND 245.6 FEET EAST FROM THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN THENCE NORTH 1 DEGREE, 32 MINUTES EAST 296.3 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF THE ORLANDO-WINTER GARDEN ROAD; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE 100 FEET; THENCE SOUTH 1 DEGREE, 32 MINUTES WEST 296.25 FEET, THEN SOUTH 74 DEGREES, 48 MINUTES EAST 100 FEET TO THE POINT OF BEGINNING, LESS THAT PART CONVEYED TO THE CITY OF OCOEE, FLORIDA, MORE PARTICULARLY DESCRIBED IN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 7043, PAGE 3278, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. 20220044709 Page 5 of 5 EXHIBIT "B" West Orange Surgery enter Location Map N •�