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Q' ORDINANCE No. 2012-04-M v n m j;c
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF m p;',',11,.s.
CLERMONT, LAKE COUNTY, FLORIDA, ANNEXING AND z c
TRANSFERRING JURISDICTION BY VOLUNTARY PETITION COUNTY N x o $
ROAD 50 (#1551) (OLD HIGHWAY 50) LYING EAST OF NORTH ° o U,0
HANCOCK ROAD AND WEST OF NORTH GREATER HILLS z
BOULEVARD LYING IN SECTIONS 15, 16 AND 22, TOWNSHIP 22 n 0 Tii
SOUTH, RANGE 26 EAST; AND COUNTY ROAD 561A (#1733) (LAKE o �"
MINNEOLA SHORES)LYING NORTH OF DIANNA PLACE AND SOUTH c
OF LAKE MINNEOLA SHORES, LAKE COUNTY, FLORIDA, SAID o
RIGHT-OF-WAY BEING CONTIGUOUS TO THE CITY OF CLERMONT z
AND BEING ANNEXED IN ACCORDANCE WITH THE VOLUNTARY —I
ANNEXATION PROVISIONS OF SECTION 171.044,FLORIDA STATUTES;
REDEFINING THE BOUNDARIES OF THE CITY OF CLERMONT TO
INCLUDE SAID RIGHTS-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 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 right-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 -04 -M
WHEREAS, the City of Clermont agrees that, after the nght -of -way is annexed into the
City's municipal limits, the nght -of -way shall not be utilized by di
he City of Clermont in any manner
as a means to 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 County Road 50 ( #1551) (Old Highway 50) and
County Road 561A ( #1733) (Lake Minneola Shores) 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 maps displayed hereto as Exhibit "A" and Exhibit `B" show, describe and
depict the right -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 -04 -M
SECTION 2. Annexation and Transfer of Jurisdiction.
The following described right -of -way, lying within an unincorporated area of Lake County, is hereby
annexed and Junsdiction transferred to the City of Clermont pursuant to Section 171.044, Florida
Statutes (2005). The right -of -way to be annexed is described as follows:
County Road Old 50 ( #1551), also known as County Road 50 (Exhibit A)
Begin at the intersection of the North right -of -way line of CR 50 and the
Southeast corner of Tract I of the Plat of Verde Ridge Unit 2 recorded in Plat
Book 56, Pages 42 - 46 inclusive, Public Records of Lake County, Florida, in
Section 22, Township 22 South, Range 26 East, thence run Northerly and
Westerly along said North right -of -way line of CR 50 and the Recreational
Trail, according to deeds recorded in ORB 2731, Page 668 and ORB 2731,
Page 661, Public Records of Lake County, Florida, to the intersection with
the West line of the East °Ao of the NW Y. of the SW Y. of Section 16,
Township 22 South, Range 26 East, thence run South along said West line
to the intersection with the South right -of -way line of CR 50, thence run
Easterly and Southerly along South right -of -way line of CR 50 and of said
Trail to a point South of the East line of Tract I of said Plat of Verde Ridge,
Unit 2, thence run North to the Point of Beginning.
Exhibit A
PATTERSON LAKE EAUTY LAX'
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3
CITY OF CLERMONT
ORDINANCE No. 2012 -04 -M
COUNTY ROAD 561A ( #1733), also known as Lake Minneola Shores
(Exhibit B)
Begin at the Northeast corner of the Plat of Hiawatha Shores, Unit Three,
recorded in Plat Book 17, Page 49, Public Records of Lake County, Florida,
said point being in Section 23, Township 22 South, Range 25 East and the
West right -of -way line of CR 561A, aka Lake Minneola Shores, thence run
East to the intersection with the East right -of -way line of CR 561A, thence
run Northerly and Westerly along the right -of -way to the intersection with the
mid section line in Section 14, Township 22 South, Range 25 East, thence
run West to the intersection with the West line of CR 561A, thence run
Southerly and Easterly along the right -of -way to the Point of Beginning.
Exhibit B
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(LAKE MI N EOLA SHORES)
C.R. 561A - Annexation]
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CITY OF CLERMONT
ORDINANCE No. 2012 -04 -M
SECTION 3. Effect of Annexation.
Upon this Ordinance bec oming 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 authority
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), Florida 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 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 -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 -04 -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
4111Pft
Har to d S. Turville, Jr., Mayor
ATTEST:
_ .I/
Tracy A 4 ' d, City Clerk 1
Approved as to form:
antz. it Attorney