2013-019 Garcia Property - AnnexationORDINANCE NO. 2013-019
(Annexation Ordinance For Garcia Property)
TAX PARCEL ID 4s 17- 22 -28- 0000 -0 0- _0
DOCO 20130540272 B: 10647 P: 4910
10/09/2013 11:12:01 AM Page 1 of 5
Rec Fee: $44.00
Martha 0. Ha Comptroller
Orange Couny FL
MS - Ret To: 6COEE
1111 I
CASE NO. AX- 04- 13 -37: Garcia Parcel 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 0.44
ACRES LOCATED ON THE WEST SIDE OF 3 STREET,
APPROXIMATELY 170 FEET NORTH OF THE INTERSECTION OF 3RD
STREET AND 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 or owners 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 approximately 0.44 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 application 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 (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
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 owner 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 I 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" (METES AND BOUNDS LEGAL DESCRIPTION
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF).
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 4. 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 and
the JPA Agreement and meets all of the requirements for annexation set forth in the Ocoee
Comprehensive Plan, the JPA Agreement, 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 and directed to
-2-
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. Conflicting Ordinances All ordinances or parts of ordinances in conflict .
herewith are hereby repealed.
SECTION 10. Severabilitv 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. Effective Date 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 Departinent of State within seven (7) days from the date of adoption.
PASSED AND ADOPTED this day of , 2013
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
bu&
- et ity Clerk Nc+th� S. Scott Vandergrift, Mayor
(SEAL)
FoR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE
APPROVED AS TO FORM AND LEGALITY
this 1 Sr day •f rtS►�6'R- 20 1%
Shuffield, Lowman & Wilson, P.A.
By: � D
7!1 rney _.�L
ADVERTISED cl - 1�1._ � AND �j - i3
READ FIRST TIME ':A — - , 2013.
READ SECOND TIME AND ADOPTED
C� - _Ac -"v)- y 1 2013 UNDER
AGENDA ITEM NO.
-3-
EXHIBIT "A"
Legal Description
THE NORTH 150.25 FEET OF THE SOUTH 356.36 FEET OF THE EAST % OF THE SOUTHEAST % OF THE
NORTHEAST % OF SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LESS THE EAST 370 FEET
THEREOF, LESS THE EAST 20 FEET FOR CENTER STREET, AND LESS THE NORTH 130.25 FEET OF THE
SOUTH 356.35 FEET OF THE EAST %2 OF THE SOUTHEAST % OF THE NORTHEAST % OF SECTION 17,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, LESS THE EAST 500 FEET, AND LESS THE WEST 30 FEET THEREOF,
OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
EXHIBIT "BI
424 3rd Street (Garcia) Annexation
Location Map
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