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2012-07- M efernwac r _ 685`10 f�ilDm1°Z RE1U eFe�v►tant,3 e 34711 O m r m CITY OFCLERMONT oc� mjtC ORDINANCE NO. 2012-07-M Z c p ^' W m Cum) m n N N N r � w mo,N° AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ()$ CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE 8 P N ANNEXATION OF STATE RIGHTS-OF-WAY BEING STATE ROAD 50 `n FROM EAST_OF GRAND HIGHWAY TO EAST OF SOUTH GREATER m HILLS BOULEVARD, AND U.S. HIGHWAY 27 FROM STEVE'S12OAD TO SOUTH OF HARTWOOD MARSH ROAD, TO INCLUDE STATE OWNED RETENTION PONDS ADJACENT TO THE RIGHT-OF-WAY, SAID RIGHT-OF=WAY BEING CONTIGUOUS TO THE CITY OF O CLERMONT AND BEING ANNEXED IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; REDEFINING THE BOUNDARIES OF THE CITY OF CLERMONT TO ' INCLUDE SAID RIGHT-OF-WAY; PROVIDING FOR FINDINGS, 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 rOF STATE; PROVIDING FOR RECORDING, CONFLICTS, SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS,the City of Clermont desires to annex certain State Road right-of-ways; and WHEREAS, the annexation of said right-of-way will allow for more efficient provision of police and fire services to current and future residents of Clermont; and WHEREAS, the City of Clermont has informed the Florida Department of Transportation of its intentions to annex certain state road right-of-way; and WHEREAS, the Florida Department of Transportation has not objected to the annexation of said right-of-way; and WHEREAS, the City of Clermont has informed Lake County Planning, Public Works, and Sheriffs Department of the City of Clermont's intentions to annex said right-of-way; and WHEREAS, the above referenced Lake County departments have expressed no objection to this annexation; and WHEREAS, Staff has reviewed and subsequently recommended approval of the annexation 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 1 CITY OF CLERMONT ORDINANCE NO. 2012-07-M WHEREAS, the City Council has determined the right -of -way proposed to be annexed into the City of Clermont are contiguous to the corporate areas of the City of Clermont and that the right -of -way otherwise fully comply with the requirements of State law; and WHEREAS, all procedural and notice requirements mandated by State law have been followed, and all requirements of the City of Clermont Land Development Code have been 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, describe and depict the nght -of -way which is 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. SECTION 2. Annexation and Transfer of Jurisdiction. The following described right -of -way lying within an unincorporated area of Lake County, is hereby annexed to the City of Clermont pursuant to Section 171.044, Florida Statutes (2005). The right -of -way to be annexed; as depicted in Exhibit "A ", and further described as follows: State Road 50 from east of Grand Highway to east of South Greater Hills Boulevard and U.S. Highway 27 from Steve's Road to south of Hartwood Marsh Road. All right -of -way to include State owned retention ponds adjacent to the right -of -way. 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, Florida Statutes, and shall further be subject to the responsibilities of ownership as may from time -to -time be determined by the governing authority of the City of Clermont and the provisions of said Chapter 171, Florida Statutes. 2 CITY OF CLERMONT ORDINANCE NO. 2012-07-M SECTION 4. Administrative Actions. Within seven (7) days of the adoption of this Ordinance, the City Clerk shall file a certified copy of said Ordinance 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 as required by Florida Statutes. 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 jurisdiction 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. 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 to land use planning pertaining to the right -of -ways annexed pursuant to this Ordinance. SECTION 8. Effective Date. This ordinance shall take effect immediately upon its enactment. 3 CITY OF CLERMONT ORDINANCE NO. 2012-07-M EXHIBIT "A" State Road 50 & U.S. Highway 27 — Right -of -way annexation trt *;;n`' ° { ; q' r1-1. — f i ,r't;? .. �=fi r e - ��',, .'�Sn;` ; a I1 i_____ _ n r . .iu.S� - � }- � v� RI 4 ____-_--r.„7 x Ti irv��_ - '' �� ,._ r. r'L �l s ` z- HI; rar 1 rre • , II .71 g, . A r } w _ . r rry :jYCt u i ' I - L - 1- [ i . LI_— 'State Load 50 ____ I r _ f L.71 If4C `` � e.rh:ia �i q t' ✓ I 0.e°. J, , ' I r, 6 ��, rn yy ,, t o 1 A? S I �`-�t � $ — p ▪ P'a , � } - • isa� �'pr� �hr1 ytm 7 .t „ - , y ; t= x L . ty _ 7 h. F Fp . S a, t . �t a xa' U.S. 27 e D I ' tl £' Y ' -:-� — . ) ' � V 4 rvrrni u `rs1 j�■s. N. I � f '' ti r' �4 i 1 f . , :1 7. ‘;`, 11 42- _ '''' • -ice z $, - 4` , 7 „ T' . . , �' cy r ` a i t . jli 1 '" { J� . yew na k.'fi r- r: it ,b y r. r. k' ,T S - j F - ; , ( ',r, a ` �Pi al , r4r, N a:: ' ', -7-. F. A,, -/," in r•n.i4.r rt _" I j , ya ' , s- �,y- ,v'- . -=,` U.S. 27 -, %° `.' I ' ma 1d1 nu Y« f , ! an..1 Yr__ _ .44-4.40.2a - - I , .0 °lR i,-r.wr' L_._ 4 CITY OF CLERMONT ORDINANCE NO. 2012-07-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 arold S. Turville, Jr., Y . or ATTEST: . i ' Tracy Ackroyd, City Clerk Approved as to form: -, ctu,1 ;" - ....-