Item VII (G) Public Hearing - Case No 2-16AR-92: Battaglia-East 1 FOLEY & LARDNER
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ALEXANDRIA, VIRGINIA SINGAPORE
ANNAPOLIS, MARYLAND MEMORANDUM TAIPEI, TAIWAN
TO: The Honorable Mayor and City Commissioners
of the City of Ocoee
FROM: Paul E. Rosenthal, Esq. , City Attorney KL,
DATE: December 11, 1992
RE: Ordinance No. 92-60/Case No. 2-162AR-92 : "Battaglia East"
Attached hereto is a revised Ordinance No. 92-60 in connection
with the above referenced annexation. This Ordinance supersedes
the copy previously delivered to you in your agenda packet. The
only change to the Ordinance is that a metes and bounds legal
description has been added in order to further describe a parcel
included within the proposed annexation. This addition of a metes
and bounds legal description does not change the title to the
Ordinance and is consistent with the advertised public notices for
consideration of the Ordinance. It is not necessary that any
motion be made to amend the proposed Ordinance in order to add the
metes and bounds legal description. Any motion to adopt Ordinance
No. 92-60 will reference the Ordinance attached to this memorandum.
NOTE: THIS ALSO APPLIES TO ORDINANCE NO. 92-61/CASE NO. 2-162AR-92:
"BATTAGLIA EAST".
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ORDINANCE NO. 92-60
CASE NO. 2-162AR-92: BATTAGLIA "EAST"
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
ANNEXING INTO THE CORPORATE LIMITS OF THE CITY
OF 'OCOEE, FLORIDA, CERTAIN REAL PROPERTY
LOCATED ALONG BOTH SIDES OF OCOEE-CLARCONA
ROAD ' AND 2,000 FEET WEST OF APOPKA-VINELAND
ROAD PURSUANT TO THE APPLICATION SUBMITTED BY
THE PROPERTY OWNERS; FINDING SAID ANNEXATION
TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE
PLAN AND THE OCOEE CITY CODE; PROVIDING FOR
AND AUTHORIZING THE UPDATING OF OFFICIAL CITY
MAPS; PROVIDING DIRECTION TO THE CITY CLERK;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; 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 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 Chapter 180 of the Code of
Ordinances of the City of Ocoee ("the Ocoee City Code") ; 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. The City Commission of the City of Ocoee, 1
Florida 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. The City Commission of the City of Ocoee,
Florida 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. 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 (hereinafter
referred to as "said land") .
Section 4. The City Commission of the City of Ocoee,
Florida hereby finds that the annexation of said land is consistent
with the Ocoee Comprehensive Plan and meets all of the requirements
for annexation set forth in the Ocoee Comprehensive Plan and Ocoee
City Code.
Section 5. A map of said land herein described which
clearly shows• the annexed area is attached hereto as Exhibit "B"
and by this reference made a part hereof.
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 of Ocoee,
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, 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. 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, and that 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 of this Ordinance.
PASSED AND ADOPTED this day of , 1992.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 1992
READ FIRST TIME , 1992
READ SECOND TIME AND ADOPTED
, 1992.
•
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 1992.
FOLEY & LARDNER APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 1992
By: UNDER AGENDA ITEM NO.
City Attorney
ANNEX.ORD
EXHIBIT "A"
BATTAGLIA - EAST
LEGAL DESCRIPTION
That part of Sections 33 and 34 , T21S, R28E, Orange Country,
Florida, described as follows:
From the South 1/4 corner of said Section 34, run N 89°56 ' 52" W
720. 00 feet along the South line of said Section to the Point of
Beginning; thence continue N 89°56 ' 52" W 1932 .32 feet along said
South line to the South corner common to Sections 33 and 34 ; thence
run N 89°58 ' 05" W 662 . 23 feet; thence run N 00°05 '46" E 245. 18
feet; thence run N 69°33 '26" E 1018 . 92 feet along the South line of
Clarcona-Ocoee Road, said line being 30 feet South of the
centerline of the paved road; thence run 188. 53 feet to the right
along the arc of a curve having a radius of 570. 00 feet and a
central angle of 18°57 ' 04" ; thence run N 88 °30 ' 30" E 1455. 63 feet;
thence run South 676. 78 feet along the West line of the East 720. 00
feet of the Southwest 1/4 of said Section 34 to the Point of
Beginning. Containing 33 . 8778 acres more or less.
AND
That part of Southwest 1/4 of Section 34 , T21S, R28E, Orange •
County, Florida, described as follows:
From the Southeast corner of said Southwest 1/4 of Section 34, run
North 756. 21 feet long the East line of said Southwest 1/4 to the
Point of Beginning; thence run S 88 °30 ' 30" W 1689.59 feet along the
centerline of the paved road; thence run N 00°10 '24" E 831.81 feet;
thence run S 84 °01 ' 51" E 825. 99 feet along the Southerly line of
the A.C.L. Railroad Right-of-Way as reestablished from A.C.L.
Right-of-Way map V. 12 FLA/51 thence continue along the Right-of-Way
on a curve to the left having a radius of 1457.42 feet, a central
angle of 35° 16 ' 40" , and an arc length of 897 . 35 feet; thence run
South 880. 58 feet along the East line of the Southwest 1/4 of
Section 34 to the Point of Beginning. Containing 29.7036 acres
more or less.
AND
That part of Sections 33 and 34 , T21S, R28E, Orange County,
Florida, described as follows:
From the South corner common to said Sections 33 and 34, run N
00°02 '27" E 556. 42 feet along the line common to said sections to
the Point of Beginning; thence run S 69° 33 ' 26" W 706. 60 feet along
the North line of Clarcona-Ocoee Road; thence run N 00° 05 ' 46" E
1087 . 80 feet along the West Line of the East 1/2 of the Southeast
1/4 of the Southeast 1/4 of said Section 33, thence run N 89°33 '42"
W 295. 30 feet along the North line of the Southeast 1/4 of the
Southeast 1/4 of said Section 33 ; thence run Northeasterly 298.98
feet along the arc of the South Right-of-Way line of the A.C.L.
Railroad (as reestablished from A.C.L. Right-of-Way map V. 12 FLA/5)
alon. a curve concave to the South having a radius of 1241.78 feet,
a cen ral angle of 13 °47 '41" , and a chord of 298. 25 feet that bears
N 70°44 ' 18" E; thence run N 77°38 ' 09" E 356.80 feet; thence run
329. 36 feet to the right along a curve having a radius of 1878.29
feet and a central angle of 10°02 '49" ; thence run N 00°02 '27" E
6.50 ' eet; thence continue Easterly 273 . 17 feet along the arc of a
curve having the same center point as the last mentioned curve and
a radius of 1884 .79 feet and a central angle of 08°18 '41" ; thence
run S 83 °59 ' 51" E 451. 01 feet; thence run S 84 °01 ' 51
E 2 . 4 .42 feet; thence leaving the Railroad Right-of-Way run S
00°10 '24" W 831. 81 feet; thence run S 88 °30 ' 30" W 487. 84 feet along
the orth line of Clarcona-Ocoee Road, said line being 30 feet
North of the centerline of the paved road; thence run 208. 38 feet
to th- left along the arc of a curve having a radius of 630. 00 feet
and a central angle of 18 °57 ' 04" ; thence run S 69°33 '26" W 289.84
feet o the Point of Beginning, containing 37.9560 acres more or
less.
AND
Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 and all
that part of the Northwest 1/4 of the Northwest 1/4 of the
Northeast 1/4 lying West of the Railway, all in Section 3 , Township
22 South, Range 28 East. The above described property lies in
Orange County, Florida, more particularly described as:
Beginning at the Northeast corner of the Northwest 1/4 of said
Section 3 , run S 89°45 ' 13" E, 198. 77 feet along the North line of
said Section 3 to an intersection with the Westerly Right-of-Way
line of the Seaboard Coastline Railroad being a 60. 00 foot Right-
of-Way; Thence run Southwesterly 238 . 63 feet along said Westerly
Right-of-Way line and the arc of a curve concave Southeasterly,
having a radius of 3661. 57 , a delta of 03 °44 ' 03" and a chord
bearing of S 08 °21' 31" W; thence runs S 06°29 ' 30" W, 432 .77 feet
along said Westerly Right-of-Way line to the South line of the
Northwest 1/4 of the Northwest 1/4 , of the Northeast 1/4 of said
Section 3 ; thence run N 89 °45 ' 45" W, 114 .20 feet along said South
line to the Southeast corner of the Northeast 1/4 of the Northeast
1/4 of the Northwest 1/4 of said Section Three; thence run N
89 °56 '48" W, 663 . 77 feet along the South line of said Northeast 1/4
of the Northeast 1/4 to the Southwest corner of said Northeast 1/4
of the Northeast 1/4 thence run N 00° 01 ' 33" W, 665. 81 feet along
the West line of said Northeast 1/4 of the Northeast 1/4 to the
North line of said Section Three; thence run S 90° 00 ' 00" E, 663 . 11
feet along said North line to the Point of Beginning. Containing
12 . 5 acres more or less.
2-162AR-92 : BATTAGLIA EAST
Page 2 of 2
CITY OF ' OCOEE
ANNEXATION PETITION
CASE No. 2 - 162AR - 92
BATIAGLIA EAST
AREA: 113.92± ACRES
WHITFIELD AND R.R. PORTION
PROPERTY TAX ID: "RR"=34-21-28-0000-00042
3-22-28-0000-00001
"WHITFIELD"=34-21 -28-0000-00023
33-21 -28-0000-00027
SITE LOCATION MAP
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