2012-05- M RETURN
etvoi Clermont CITY OF CLERMONT m AF �Z
685 w.Manta oe St ORDINANCE No. 2012-05-M o m F m xw z
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF z °
CLERMONT, LAKE COUNTY, FLORIDA, ANNEXING AND m p w N
TRANSFERRING JURISDICTION BY VOLUNTARY PETITION ; z N
EXCALIBUR ROAD (#1248B), A PORTION OF STEVE'S ROAD (#1248); S o C
PORTIONS OF HOOKS STREET (#1346), AND A PORTION OF CITRUS
TOWER BOULEVARD (#1350), LYING IN SECTIONS 28, 29 AND 32, m
TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, 0
SAID RIGHT-OF-WAY BEING CONTIGUOUS TO THE CITY OF
CLERMONT AND BEING ANNEXED IN ACCORDANCE WITH THE
VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, p
FLORIDA STATUTES; REDEFINING THE BOUNDARIES OF THE CITY
OF CLERMONT TO INCLUDE SAID RIGHTS-OF-WAY;PROVIDING FOR
FINDINGS, A LEGAL DESCRIPTION AND A MAP; DIRECTING THE
CITY CLERK TO RECORD THIS ORDINANCE WITH THE CLERK OF
THE CIRCUIT COURT,WITH THE CHIEF ADMINISTRATIVE OFFICER
OF LAKE COUNTY, AND WITH THE DEPARTMENT OF STATE;
PROVIDING FOR RECORDING,CONFLICTS,SEVERABILITY,AND AN
EFFECTIVE DATE.
WHEREAS, Lake County, as owner, has petitioned the City of Clermont, pursuant to
Section 171.044, Florida Statutes, to annex certain Lake County right-of-way into the municipal
limits of the City of Clermont; and
WHEREAS,Lake County agrees to transfer jurisdiction of said right-of-way to the City of
Clermont as requested in accordance with Florida Statute Section 335.0415; and
WHEREAS,the annexation and transfer of jurisdiction of said right-of-way will allow for
more efficient provision of police and fire services to current and future residents of the City of
Clermont; and
WHEREAS,Staff has reviewed and subsequently recommended approval of the annexation
and transfer of jurisdiction of said right-of-way to the City Council of the City of Clermont and have
accomplished all actions required under the Code of Ordinances of the City of Clermont; and
WHEREAS,the City Council has determined that the nght-of-way proposed to be annexed
into the City of Clermont is all within an unincorporated area of Lake County,is reasonably compact
and contiguous to the corporate areas of the City of Clermont, and it is determined that the
annexation of said property will not result in the creation of any enclave,and it is further determined
that annexation of said property otherwise fully complies with the requirements of State law; and
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CITY OF CLERMONT
ORDINANCE No. 2012 -05 -M
WHEREAS, the City of Clermont agrees that after the right -of -way is annexed into the
City's municipal limits, the right -of -way shall not be utilized by the City of Clermont in any manner
as a meansio annex future properties. For example, once the right -of -way is annexed into the City's
municipal limits, the'boundaries of the right -of -way shall not be used to determine whether other real
property desired by the City of Clermont to be annexed into its municipal limits is contiguous to
City's boundaries.
WHEREAS, the City of Clermont has furnished the Lake County Board of County
Commissioners a copy of the published notice of annexation and transfer of jurisdiction by certified
mail no sooner than ten (10) days prior to said publication, and said action is hereby ratified and
confirmed by the City Council; and
WHEREAS, the City of Clermont and the Lake County Board of County Commissioners
have approved an Interlocal Agreement relating to Excalibur Road ( #1248B), a portion of Steve's
Road ( #1248), a portion of Hooks Street ( #1346), and a portion of Citrus Tower Boulevard ( #1350)
Right -of -way Annexation; and
WHEREAS, all other procedural and notice requirements mandated by State law and the
City's Charter and Code of Ordinances have been followed and satisfied; and
WHEREAS, the City Council of the City of Clermont hereby determines that it is to the
advantage of the City of Clermont and in the best interests of the citizens of the City of Clermont to
annex the right -of -way described below; and
WHEREAS, the map displayed hereto as Exhibit "A" show, descnbe and depict the nght -of-
way which are hereby annexed into the City of Clermont;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clermont,
Lake County, Florida, as follows:
SECTION 1. Legislative Findings.
The recitals set forth above are hereby adopted as legislative findings of the City Council of the
City of Clermont.
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CITY OF CLERMONT
ORDINANCE No. 2012 -05 -M
SECTION 2. Annexation and Transfer of Jurisdiction.
The following described right -of -way, mapped as Exhibit "A ", lying within an unincorporated area
of Lake County, are hereby annexed and jurisdiction transferred to the City of Clermont pursuant to
Section 171.044, Florida Statutes (2005). The right -of -way to be annexed are described as follows:
Excalibur Road ( #1248B) and a portion of Steve's Road ( #1248)
Begin at the intersection with the South right of way line of Hooks Street
( #1346) and the Easterly right of way line of Excalibur Road as described in
Right of Way Deed recorded in ORB 2028, Page 2425, Public Records of
Lake County, Florida, thence run Southerly and Westerly along the East right
of way line of Excalibur Road as described in aforesaid ORB 2028, Page
2425, in ORB 2574, Page 830, and in Plat Book 50, Page 64, Public Records
of Lake County, Florida intersection with the East right of way line of Citrus
Tower Blvd. ( #1350) as shown on the aforesaid Plat of Lost Lake, thence run
North along said Easterly right of way line of Citrus Tower Blvd. to the
intersection with the North right of way line of Steve's Road as shown by said
Plat of Lost Lake; thence run Easterly and Northerly along the right of way of
Steve's Road and Excalibur Road to the intersection with the aforesaid
Southerly right of way of Hooks Street, thence run Northeasterly along the
Southern right of way line of Hooks Street to the Point of Beginning All lying
in Section 28, Township 22 South, Range 26 East, Lake County, Florida.
Portions of Hooks Street ( #1346)
Begin at the Northeast comer of Tract 40, according to the Plat of Lake
Highlands, recorded Plat Book 2, Page 28, Public Records of Lake County,
Florida, thence run West along the North line of said Tract 40 to the East
right of way line of Citrus Tower Blvd. ( #1350), as described in Right of Way
Deed recorded in ORB 2331, Page 674, Public Records of Lake County,
Florida, thence North along said East right of way line of said Citrus Tower
Blvd. to the'North line of right of way of Hooks Street as described in Right of
Way Deed recorded in ORB 2331, Page 649, Public Records of Lake
County, Florida, thence East along said North right of way line of Hooks
Street to the Southeast comer of Tract 25 in aforesaid Plat of Lake
Highlands; thence South to the Point of Beginning. All lying in Section 28,
Township 22 South, Range 26 East, Lake County, Florida.
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CITY OF CLERMONT
ORDINANCE No. 2012 -05 -M
AND ALSO:
Begin at the intersection of the North rig ht of way line of Hooks Street as
descnbed in ORB 2017, Page 1761, Public Records of Lake County, Florida
and the West line of the East 220 feet of Tract 27 Lake Highlands according
to the Plat thereof as recorded in Plat Book 2, Page 28, Public Records of
Lake County, Florida; thence run Northerly and Easterly along said right of
way to an intersection with the East line of Tract 28 of aforesaid Plat of Lake
Highlands; thence South to the intersection with the South right of way of
Hooks Street as described In'ORB 2017, Page 1757, Public Records of Lake
County, Florida; thence Southerly and Westerly along said South right of way
of Hooks Street to the intersection with the West line of the East 220 feet of
Tract 27 of said Plat and the Southerly extension thereof; thence North to the
Point of Beginning. All lying in Section 28, Township 22 South, Range 26
East, Lake County, Florida.
A portion of Citrus Tower Boulevard ( #1350)
Begin at the intersection of the Southeast corner of Tract 48 according to the
Plat of Lake Highlands Co. recorded in Plat Book 2, Page 25, and the West
right of way line Citrus Tower Blvd. as described in the Right of Way Deed in
recorded ORB 2292, Page 2431, lying in Section 29, Township 22 South,
Range 26 East, thence run North along said West right of way line to a point
107 feet North of Tract 48 of said Lake Highlands Plat, thence run East to
the Intersection with the East right of way line of Citrus Tower Blvd, as
described in Plat of Lake Highlands, recorded in Plat Book 2, Page 28, in
Section 28, Township 22 South, Range 26 East. Thence run south along
said East right of way line to the intersection with the South line of Tract 41
as shown in the Plat of Lake Highlands Co. recorded in Plat Book 2, Page
28, thence run west to the Point of Beginning. All recorded in Public Records
of Lake County, Florida.
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CITY OF CLERMONT
ORDINANCE No. 2012 -05 -M
Exhibit A
Steve's Rd Citrus Tower Blvd Hook- St Excallbur Rd
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SECTION 3. Effect of Annexation.
Upon this Ordinance becoming effective, the owner of the said right -of -way shall be entitled to all
the rights and privileges and immunities as are from time -to -time granted to property owners of the
City of Clermont as further provided in Chapter 171, Flonda Statutes, and shall further be subject to
the responsibilities of ownership as may from time -to -time be determined by the governing authonty
of the City of Clermont and the provisions of said Chapter 171, Florida Statutes.
SECTION 4. Administrative Actions.
In accordance with Section 171.044(3), Flonda Statutes, within seven (7) days of the adoption of this
Ordinance, the City Clerk shall file a certified copy of this Ordinance with legal description and
map, with the Clerk of the Court of Lake County, with the Chief Administrative Officer of Lake
County, with the Florida Department of State, and with any additional agencies impacted by said
annexation.
SECTION 5. Conflicts.
All Ordinances or part of ordinances in conflict with this Ordinance are hereby repealed.
SECTION 6. Severability.
Upon a determination by a court of competent junsdiction that a portion of this Ordinance is void,
unconstitutional, or unenforceable, all remaining portions shall remain in full force and effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
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CITY OF CLERMONT
ORDINANCE No. 2012 -05 -M
SECTION 7. Codification.
The provisions of this Ordinance shall not be codified, but the annexed nght -of -way shall be
incorporated and included in all appropriate maps of the City Limits of the City of Clermont by the
City Manager, and the City Manager is hereby directed to take any and all appropriate actions
relative toland use planning pertaining to the right -of -way annexed pursuant to this Ordinance.
SECTION 8. Effective Date.
This Ordinance shall take effect immediately upon its enactment.
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CITY OF CLERMONT
ORDINANCE No. 2012 -05 -M
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 24 day-of January, 2012.
CITY OF CLERMONT
4
• arold S. Turville, Jr., Mayor
ATTEST:
Tracy 4„ yd, City Clerk
Approved as to form:
Dan a • Attorney