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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 Pxovaone,3.0 34711 7C cn C zcN m 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 1 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. 2 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. 3 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. 4 CITY OF CLERMONT ORDINANCE No. 2012 -05 -M Exhibit A Steve's Rd Citrus Tower Blvd Hook- St Excallbur Rd Ii I S.R 50 nilirlitEdi mulatik 'h tfi. ! ma ST , � fV ��itE�ll�• mZ g- BIM mpg I qv S 27 � - � "�� i Itf<Eft� ��IIEffIft�Lw ►�p�`l+ftt% *�� 41 STEVE'S RD / 40.4 ♦ * *Ti 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. 5 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. 6 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