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2010-13-M CITY OF CLERMONT ORDINANCE No. 2010 -13 -M AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA, AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES BY ADOPTING A MAP CHANGE TO THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR SEVERABILITY, CONFLICT AND AN EFFECTIVE DATE. WHEREAS, the Comprehensive Plan of the City of Clermont was adopted by the City of Clermont on August 13, 1991, in accordance with the Local Government Planning and Land Development Regulations Act of 1985, Chapter 163, Part II, Florida Statutes; and WHEREAS, the Comprehensive Plan of the City of Clermont may be amended pursuant to Florida Statutes s. 163.3187; and WHEREAS, the Planning and Zoning Commission, acting as the Local Planning Agency, held a public hearing February 2, 2010 and made recommendations to the City Council for amendments to the plan; and WHEREAS, the City Council of the City of Clermont held public hearings June 22 and July 13, 2010 on the proposed amendments to the plan in light of written comments, proposals and objections from the general public; SECTION 1. NOW THEREFORE, BE IT ORDAINED AND ENACTED, by the City of Clermont, Florida that: The Future Land Use Map of the City of Clermont, adopted by the City of Clermont August 13, 1991, pursuant to the Local Government Planning and Land Development Regulations Act of 1985, Chapter 163, Part II, Florida Statutes, after public hearings by the City of Clermont Local Planning Agency and the Clermont City Council, is hereby amended by changing the following described property as shown: 1 CITY OF CLERMONT ORDINANCE No. 2010 -13 -M LEGAL DESCRIPTION Tract 33, Property of Lake Highlands Company, as recorded in Plat Book 2, page 25, Public Records of Lake County, Florida, Less and except any portion of the subject property lying within the legal description contained in that certain statutory Warranty Deed recorded in O.R. Book 2646, Page 47, Public Records of Lake County, Florida, described as follows: A portion of tracts 33, 34, 35A and 35B, Property of Lake Highlands Company, as recorded in Plat Book 2, Page 25, public records of Lake County, Florida, all being in Section 29, Township 22 South, Range 26 East, Lake County Florida, being more particularly described as follows: Commencing at the northeast corner of the northeast `/ of Section 29, Township 22 South, Range 26 East, Lake County, Florida; Thence run South 00 °16'28" West, along the East line of the said northeast '/, for a distance of 2604.90 feet; Thence departing said east line, run North 89 °43'32" West, for a distance of 15.00 feet; Thence run South 00 °16'28'" West, for a distance of 35.07 feet to a point on the North right -of -way line of the 30.00 foot wide right -of -way as shown on the property of Property of Lake Highlands Company, as recorded in Plat Book 2, Page 25, public records of Lake County, Florida; Thence departing said North right -of -way line, run South 00 °11'23" West, for a distance of 30.01 feet to the South right -of -way line of said Property of Lake Highlands Company, also being the point of beginning; Thence departing said South right - of -way line, run South 00 °24'54" East, for a distance of 34.94 feet to a point on a curve, concave northerly, having a radius of 2133.00 feet, a chord bearing of North 88 °41'31" West, and a chord distance of 18.38 feet; Thence run westerly along the arc of said curve through a central angle of 00 °29'37" for an arc distance of 18.38 feet: Thence run North 88 °26'43" West, for a distance of 1953.23 feet to a point on the westerly line of tract 35B of said property of Property of Lake Highlands Company; Thence run North 00 °00'32" West, along said westerly line of tract 35B, for a distance of 35.01 feet to a point on the aforesaid South right -of -way line; Thence run South 88 °26'43" East, along said South right -of -way line, for a distance of 1971.36 feet to the point of beginning. Also less and except any portion of the subject property lying within the legal description contained in that certain statutory Warranty Deed recorded in O.R. Book 2360, Page 722, public records of Lake County, Florida, described as follows: That part of tract 33, according to the plat of Lake Highlands Company, as recorded in Plat Book 2, Page 25, public records of Lake County, Florida, lying in the southeast '/ of Section 29, Township 22 South, Range 26 East, of Lake County, Florida, described as follows: Commence at the east '/ corner of said Section 29; Thence run South 00°15'29" East along the East line of said southeast '/ of Section 29 for a distance of 50.02 feet to the South line of the North 50.00 feet of said southeast'/; Thence run North 88 °47'13" West along said South line for a distance of 15.00 feet to the West line of a 30.00 foot road easement as shown on said plat and the point of beginning; Thence run South 00 °15'29" East along said West line for a distance of 612.64 feet to the South line of said Tract 33 and the northeast '/ of the northeast `/ of said southeast '/ of Section 29; 2 J CITY OF CLERMONT ORDINANCE No. 2010 -13 -M Thence run North 88 °50'36" West along said South line for a distance of 70.02 feet; Thence run North 00 °15'29" West for a distance of 104.97 feet to the point of curvature of a curve concave easterly having radius of 1050.00 feet; Thence run northerly along the arc of said curve through a central angle of 05 °55'46" for a distance of 108.66 feet to the point of tangency; Thence run North 05 °40'17" East for a distance of 235.23 feet to the point of curvature of a curve concave westerly having a radius of 950.00 feet; Thence run northerly along the arc of said curve through a central angel of 05 °55'46" for a distance of 98.31 feet to the point of tangency; Thence run North 00 °15'29" West for a distance of 17.54 feet to the point of curvature of a curve concave southwesterly having a radius 50.00 feet and a chord bearing of North 44 °31'21" West; Thence run northwesterly along the are of said curve through a central angle of 88 °31'44" for a distance of 77.26 feet to the aforesaid South line of the North 50.00 feet of the southeast 1/4 and the point of cusp; Thence run South 88 °47'13" East along said South line for a distance of 83.74 feet to the point of beginning. Also: a portion of Tracts 34, 35A and 35B, Property of Lake Highlands Company, as recorded in Plat Book 2, Page 25, public records of Lake County, Florida, less and except rights -of -way for Hook Street and Lake Wilma Road. Less and except any portion of the subject property lying within the legal description contained in that certain statutory Warranty Deed recorded in O.R. Book 2646, Page 47, public records of Lake County, Florida described as follows: A portion of Tracts 33, 34, 35A and 35B, Property of Lake Highlands Company, as recorded in Plate Book 2, Page 25, public records of Lake County, Florida, all being in Section 29, Township 22 South, Range 26 East, Lake County, Florida, being more particularly described as follows: Commencing at the northeast corner of the northeast 1 /4 of Section 29, Township 22 South, Range 26 East, Lake County, Florida; Thence run South 00 °16'28" West, along the East line of the said northeast '/, for a distance of 2604.90 feet; Thence departing said East line, run North 89 °43'32" West, for a distance of 15.00 feet; Thence run South 00 °16'28" West, for a distance of 35.07 feet to a point on the North right -of -way line of the 30.00 foot wide right -of -way as shown on the property of Property of Lake Highlands Company, as recorded in Plat Book 2, Page 25, public records of Lake County, Florida; Thence departing said North right -of -way line, run South 00°11'23" West, for a distance of 30.01 feet to the South right -of -way line of said Property of Lake Highlands Company, also being the point of beginning; Thence departing said South right - of -way line, run South 00 °24'54" East, for a distance of 34.94 feet to a point on a curve, concave northerly, having a radius of 2133.00 feet, a chord bearing of North 88 °41'31" West, and a chord distance of 18.38 feet; Thence run westerly along the are of said curve through a central angle of 00 °29'37" for an arc distance of 18.38 feet; Thence run North 88 °26'43" West, for a distance of 1953.23 feet to a point on the westerly line of Tract 35B of said property of Property of Lake Highlands Company; Thence run North 00 °00'32" West, along said westerly line of Tract 35B, for a distance of 35.01 feet to a point on the aforesaid South right -of -way line; Thence run South 88 °26'43" East, along said South right -of -way line, for a distance of 1971.36 feet to the point of beginning. Containing 27.32 acres, more or less. CHANGE IN FUTURE LAND USE FROM LAKE COUNTY URBAN TO COMMERCIAL 3 CITY OF CLERMONT ORDINANCE No. 2010 -13 -M SECTION 2. If any portion of this ordinance is declared invalid, the invalidated portion shall be severed from the remainder of the ordinance, and the remainder of the ordinance shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the ordinance as a whole. SECTION 3. All ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed. SECTION 4. This ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its Second Reading and Final Passage. 4 CITY OF CLERMONT ORDINANCE No. 2010 -13 -M PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida, this 13` day of July 2010. CITY OF CLERMONT arold S. Turville, Jr., Mayor ATTEST: /7 VkA /6,,a Tracy Ackr d, City Cler Y Y � Y 5