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Ordinance 2007-016 Annexation Pioneer Key Regional Stormwater Pond 11111111111 ~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIJ ORDINANCE NO. 2007-016 (Annexation Ordinance for Pioneer Key Regional Stormwater Pond) INSTR 20070495072 OR BK 093G9 PG 1G47 PGS=5 MARTHA O. HAYNIE, COMPTROLLER ORANGE COUNTY, FL 07/27/2007 08:59:07 AM REC FEE 44.00 TAX PARCEL ID #s 18-22-28-0000-00-011 CASE NO. AX-05-07-08: Pioneer Ke3r Regional Stormwater Pond AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 4.53 ACRES LOCATED APPROXIMATEL Y 200 FEET WEST OF OCOEE APOPKA ROAD AND APPROXIMATELY 500 FEET NORTH OF THE INTERSECTION OF PALM DRIVE AND SAND DOLLAR KEY DRIVE PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOKE 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 ofOcoee 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 fotmd it to be consistent with the Ocoee ORLA_ 467684.1 Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be consistent with the JP 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 ofthe 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 ofthe City ofOcoee, 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 I imits 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 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, ORLA_ 467684.1 -2- ordinances, and regulations of the City ofOcoee, Florida, and be entitled to the same privileges and benefits as other areas of the City ofOcoee, Florida. 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 rlf1iy of"Ji:. If' 2007. APPROVED: /Q }x' T.ik<UL"J~: ~ ~/~ S\bb, CITY OF OCOEE, FLORIpA ..--.:::.:-? ~-~ .---=:-1 - "'., ._--,~~ S. Scott Vandergrift, Mayor (SEAL) ADVERTISED"""1-'t s-+ AND Tv..- k.i 12-1'1. "lOUt READ FIRST TIM ~JlAl" 1\ ~ I READ SECOND TIME ANDAi)OPTED .~\~ )7 200, ,UNDER AGEN A ITE~ NO. I;) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND L~~/ITY THIS ~ DAY OF '- \ l) 7 ' 2007 FOL~L~. ~ By: l)tUJ 5 t City Attorney .. ORLA_ 467684.1 -3- EXHIBIT "A" LEGAL DESCRIPTION: Commence at the N011heast comer of the Northwest 1/4 of Section 18, Township 22 South, Range 28 East, Orange County, FlO1ida, thence nm S 00048'01" E along the East line of said oeN\V 1/4 a distance of323.07 feet; thence run S 89039'37" W, 30.00 feet to the westerly right of way line ofOcoee Apopka Road, as described in Official Record Book 3930 at Page 2826, Public Records of Orange County, FI01ida; thence run S 00048'01" E along the westerly right of way line of Ocoee Apopka Road, a distance of 633.65 feet to the South line of lands described in said Official Record Book 3930 at Page 2826, thence run S890 11 '59"W, along said South line, a distance of 198.00 feet to the N011herly extension of the West line oflands described in Official Record Book 5114 at Page 2379, Public Records of Orange County, Florida, for a Point of Beginning; thence run S 00048'0 I' E, along said line and the continuation thereof, 338.79 feet to the N 011h line of the Southeast 1/4 of the Northwest 1/4 of said Section 18 and the NOl1h line of lands described in Official Record Book 6561 at Page 1607, Public Records of Orange County, FI01ida; thence run S 88018'35" W, along said North line, a distance of 590.51 feet to the East line of the West 467.33 feet of the South 1/2 of the Southwest 1/4 of the Northeast 1/4 of said )Jorth\vest 1/4; thence run N 00032'53" W, along said East line, a distance of 317.74 feet to a line 7.00 feet South of and parallel with the South line of the NOl1h 1/2 of the Southwest 1/4 ofthe )Jortheast 1/4 of the NOl1hwest 1/4 of Section 18; thence run N 88025'33' E, along said line, a distance of 174.90 feet to the East line of the South\vest 1/4 of the NOl1heast 1/4 of the N011hwest 1/4 of Section 18; thence run N 00040'25" W, along said East line 27.86 feet to said South line of lands described in Official Record Book 3930 at Page 2826, thence run N 89011 '59" E, along said South line, a distance of 414.09 feet to the Point of Beginning. Containing 4.53 Acres, more or less. Exhibit "B" Pioneer Key Regional Stormwater Pond Annexation & Rezoning Location Map Q