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Ordinance 2010-010 Annexation for Health CentralORDINANCE N0.2010-010 (Annexation Ordinance for Health Central) TAX PARCEL ID: 28-22-28-0000-00-002 08/C30 2010 036250 6 PM~ P0g $ 1 of 5 433 Rec Fee: $52,50 Martha 0, Haynie Comptroller Orange County FL MB - Ret To: dCOEE 'III ~ ~ i ~I' ' ~~i ihT ~~ 11111 CASE NO. AX-06-10-22: HEALTH CENTRAL AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 3.68 ACRES LOCATED SOUTH OF AND ADJACENT TO STATE ROAD 50 AND WEST OF STATE ROAD 408 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 3.68 acres of property, as more particularly described in Exhibit "A" 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 Code of Ordinances of the City of Ocoee (the "Ocoee City Code"); and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement, which agreement has from time to time been amended by Orange County and the City of Ocoee (the "JPA 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 consistent with the JPA 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 ORLA_1589940.1 _ 1 _ 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 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 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. ANNEXATION TO CENTERLINE OF ROAD. The land annexed pursuant to this Ordinance shall extend to the centerline of any public road right-of--way located adjacent to the real property described on Exhibit " A" attached hereto, provided, however, that the annexation of any such right-of--way shall not serve to transfer any construction, operation or maintenance responsibilities with respect thereto, except to the extent such responsibilities are expressly transferred to and accepted by the City pursuant to an interlocal agreement in accordance with Section 335.0415, Florida Statutes. Section 6. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JPA Agreement, as amended, and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JPA Agreement, and the Ocoee City Code. Section 7. CORPORATE LIMITS. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. ORLA_1589940.1 -2- Section 8. 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 9. 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 10. 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. Section 11. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 12. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its 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 effective date. ORLA_1589940.1 _3_ PASSED AND ADOPTED this~~day of (9~ , 2010. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA . - - ` ~ ~~. Bef ikenberry, City Clerk S. Scott Vand rg ift, ayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LE LITY THIS ~_ DAY OF ORLA_1589940.1 ~ , 2010 FOLE LARDNER LLP By: L ~y City Attorney -4- ADVERTISED 2Z=I UAND `?-Z~-1 READ FIRST TIME UI ?_L 0 READ SECOLND TIME AN ADOPTED 1 ~ ,UNDER AGEN A ITEM NO. _ ~C-L E~CHIBIT SHEET 1 OF 2 SKETCH & DESCRIPTION THIS IS NOT A BOUNDARY SURVEY DESCRIPTION: ~. ~ .. THAT PART OF THE NW 1/4 OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NW CORNER OF SAID SECTION 28, THENCE RUNS 00°52'50" W, ALONG THE WEST LINE OF SAID SECTION 28, A DISTANCE OF 82.10 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 50; THENCE RUNS 89°29'46" E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 614.22 FEET TO THE POINT OF BEGINNING; THENCE CONTINUES 89°29'46" E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 70.13 FEET; THENCE S 84°52'37°° E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 210.87 FEET; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE, RUNS 00°40'01" W, A DISTANCE OF 561.56 FEET; THENCE RUN N 89°25'27" W, A DISTANCE OF 280.00 FEET; THENCE RUN N 00°37'50" W, A DISTANCE OF 578.19 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 160,259.8 SQUARE FEET (3.68 ACRES) MORE OR LESS. BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA AS BEING S 00' 52' 50" W (ASSUMED). Legacy Land Surveying, LLC 2624 Bent Hickory Circle Longwcod, Florida 32779 407-701-6101 tsnaw@legacylandsurveying.com Licensed Business Numtser 7848 I HEREBY CERTIFY THAT THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BDARD OF PROFESSIONAL SURVEYORS AND PAAPPERS IN CHAPTER JS-17. FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA STAME3. DATED THIS 13th DAY OF JULY, 2010 A.D. RALPH 7}10MAS SNOW PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION N°. 5551 M1gT VALID WR7iDlIT TrIE 31ONATIIRE AND THE DRIDINAL RAISED SEAL OF A FLORIDA LICENSED 6URVEYOR AND MAPPER III THIS SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY II NE PARCEL vRaECr NO. ~ ~ "°. EXHIBIT *, ~*r SHEET 2 OF 2 SKETCH & DESCRI PTI ON THIS IS NOT A BOUNDARY SURVEY 0 0 n U Tn N 0' 200' 400' 600' NORTH 1/4 GARNER OF SEOTION 2B-?2-2H FOUND NPJL NO ~ SECTION 20 SECTION 21 S69'30'S2'E zsa~.se• SECTION 29 SECTION 28 NORTH LINE of SECTON 28-22-28 S RIAT ~ _ POINT OF COMMENOEMENT FDOT F ®'FjQ',~jQ W NW CORNER OF SECTION 20-22-28 SOUTH RIGHT OF WAY UNE OF JOB N @2.70' S89'29'46'E 614.22 STATE ROAD NO. 50 S 84'52'37" E 290,87' POINT OF BEGINNING S 89'29'46" E 70.93' NOT INCLUDED NOT PLATTED m ~~ D ~ ~ h N i~Qi a) o~ N p y~ N° a 0 w NOT PLATTED ~ NOT PLATTED ~~p Z NOT PLATTED `o = Y~~O n o ~~ ,rnj p `r EXPRESSWAY AUTHORITY \~~~ RETENTION POND N> °o po o< NOT INCLUDED "~ z ~ 9 N 89'25'27" W 280.00' NORTHERLY LINE OF BLOCK A ~ WEBTOVER FARMS PB 0, PG 720 FOUND B,B"IRON ROD 'LB377B 0.4'N k 0.2'E NOR1tIEA5T CORNER . FOUND Bfe' IRON ROD 8'5 & 02'E 'LB3T18 0 ~SjpyER FARMS ~ ~ . pB O, PC t20 BLOCK A WESTOVER FARMS PB 0, PG 120 7 5 4 3 T Legacy Land Surveying LLC ~ .CHANGE OF DIRECTION 2624 Bent Hickory Circle ' Longwood, Florida 3277s THIS SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY 40T-701-6101 tsnow@legacylandsurveying.com per" `~ Licensed Business Number 7848 SOUTH OVERALL 1Q_Opg 10-008