2014-004 Ocoee Elementary School Expansion Site - AnnexationORDINANCE NO. 2014-004
(Annexation Ordinance for Ocoee Elementary School Expansion Site)
TAX PARCEL ID: 20- 22 -28- 0000 -00 -070 DOCH 20140102754 B: 10708 P: 8687
02/26/2014 10:17:57 AM Page 1 of 6
Ree Fee: $52.50
Martha 0. Haynie, Comptroller
Orange County 1 FL
MB - Ret To: UCOEE
CASE NO. AX- 11- 13 -42: Ocoee Elementary School Expansion Site
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 6.42 ACRES LOCATED ON THE NORTHEAST
SIDE OF EAST ORLANDO AVENUE AND SOUTH LAKEWOOD
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 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 6.42 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
111IRRVIA19M)i
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
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.
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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.
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PASSED AND ADOPTED this I of � , 2014.
ATTEST:
Beth Eikenberry, City Clerk
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LEGALITY THIS IV" DAY OF
TZ& , 2014
SHUFFIELD, LOWMAN & WILSON, P.A.
By: r_a rte.
�ti A�k7�-ne
tY Y �
ADVERTISED � � AND �
READ FIRST TI E ti , , 014.
READ SECOND TIME AND A OPTED
,r V1 , UNDER
AGENDA ITIEM NO. ZCL- ,
EXHIBIT "A"
A PORIYON OF THE NORTHWEST 1/4 OF SECTION 20, TOWNS' 22 SOUTH,
RANGE 2B BAST, ORANGE COUNTY, FLORIDA BEWG` MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
C01soMCB AT THE NORTH 1/4 CORNER OF SAID SECTION 20; THENCE,
W1.M TSB NORTH LIMB OF TIM NORTHWEST 1/4 OF SAID SECTION 2%
SOUTH 89 V 14" WEST, A DISTANCE OF 2056.60 FEET TO THE NORTHEAST
CORNER. OF THE 0001M ELEMENTARY SCHOOL(AS DESCRIBED IN
OFFICIAL RECORDS BOOT- 2790, PAGE 424, PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA); THENCE, WTTH THE BAST LINE OF SAM OCOEB
ELEMENTARY SCHOOL, SOUTH 00 0 48'54" BAST, A DISTANCE OF 748.42 FBRT
TO THE SOUTHEAST CORNER OF SAID OCOBB ELEMENTARY SCHOOL AND
TEM POINT OF BRa NNING,
THENCE, WITS A SOUTIMLY PROJEMON OF THE BAST LINE OF SAID
OCOEE ELENIBNT'ARY SCHOOL, SOUTH 00°48 BAST, A DISTANCE OF
469.72 FEET TO THE NORTH RIGHT -ONWAY LINE OF WHT E ROAD(ALSO
KNOWN AS EAST ORLANDO AVENUE, A 60 FEET RIGHT- OF-WAY PER PLAT
OF PRIMA VISTA AS RECORDED IN PLAT HOOK 4, PAGE 130 ?, THENCE, WITH
TIM NORTH RIGHT-OF-WAY LIMB OF WHITE ROAD, NORTH 89 °42 WEST,
A DISTANCE OF 37932 FEET TO THE EAST RIGHT -OF -'QUAY LIMB OF
LAKEWOOD AVBNUB(A 60 RIGHT -OF -WAY AS RECORDED IN THE MAP OF
OCOEE IN PLAN HOOK A. PAGES 100 -101, PUBLIC RECORDS OF ORANGE
COUNTY. FLORIDA); THENCE, WITH THE EAST RIGHT -OF- -WAY LIMB OF
SAID LAKEWOOD AVSN K NORTH 0(°42'36" WEST, A DISTANCE OF 446.76
FEET TO THE SOUTH LINE OF PREMISES DESCRIBED IN OFFICIAL RECORDS
BOOK. 5791, PAGE 603. PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA;
THENCE, WITH SAID SOUTH LINE, NORTH 89°27 EAST, A DISTANCE OF
120.00 FEET TO THE SOU CORNER THEREOF; 'TMWC16 WITH THE
EAST LINE OF SAID PRISM M, NORTH 0(°42 WEST', A DISTANCE OF 59.04
FEET TO THE SOUTH LINE OF SAID OCOBE 8LEM13NTARY SCHOOL
PREMISES; TH MCB, WITH SAID SOUTH LINE, SOUTH 85 EAST, A
DISTANCE OF 460.65 FFSBT TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 6.3794 ACRES OF LAND, MORE OR LESS.
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EXHIBIT "B"
Irel
MAP OF ANNEXED AREA