2012-06- M eitv of °n` CITY OF CLERNIONT
685 W.Montwoe St m Dp 2 Z
eleunont,3P 34711 ORDINANCE No. 2012-06-M o m m
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Z A z
CLERMONT, LAKE COUNTY, FLORIDA, ANNEXING AND CO• m W o
TRANSFERRING JURISDICTION BY VOLUNTARY PETITION NORTH ig L3 $
HANCOCK ROAD (#1354) AND HANCOCK ROAD (#1254), LYING IN °o O g w
SECTIONS 27, 28, 33 AND 34, TOWNSHIP 22 SOUTH, RANGE 26 EAST,
AND IN SECTIONS 3, 4, 9 AND 10, TOWNSHIP 23 SOUTH, RANGE 26 m N
EAST; AND PORTIONS OF HARTWOOD MARSH ROAD, LYING IN --
SECTIONS 9,10 AND 11,TOWNSHIP 22 SOUTH,RANGE 26 EAST,LAKE
COUNTY, FLORIDA, SAID RIGHT-OF-WAY BEING CONTIGUOUS TO
THE CITY OF CLERMONT AND BEING ANNEXED IN ACCORDANCE p
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 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 a 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 ofjunsdiction 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
emb-
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CITY OF CLERMONT
ORDINANCE No. 2012 -06 -M
WHEREAS, the City of Clermont agrees that after the nght -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 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 North Hancock Road ( #1354), Hancock Road
( #1254), and a portion of Hartwood Marsh Road ( #0854) Right -of -way Annexations; 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 descnbed below; and
WHEREAS, the map 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 -06 -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 rights -of -way to be annexed are described as follows:
North Hancock Road ( #1354) — (Exhibit "A ")
Begin at the North right of way line of State Road 50 and the East right of
way line of N. Hancock Rd. as shown on the Plat of Hancock Center,
recorded in Plat Book 53, Page 81, thence run North along said East right of
way line of North Hancock Road to the Westerly extension of the North line
of Lot 2 of said Hancock Center Plat, thence run West to the West right of
way line of North Hancock Road, as shown on said Plat of Hancock Center,
thence run South along said West right of way line of North Hancock Road to
the North right of way line of State Road 50, thence run East along said
North right of way of State Road 50 to the Point of Beginning.
Hancock Road ( #1254) — (Exhibit "A ")
Begin at the intersection with the North right of way line of Hartwood Marsh
Road ( #0854) as shown on the Plat of Hartwood Pines in Plat Book 48, Page
85, and the East right of way line of Hancock Road as described in Right of
Way Deed recorded in ORB 1399, Page 194, Public Records of Lake
County, Florida, said point being on the section line lying between Section 9
and 10, Township 23 South, Range 26 East; thence run Northerly along said
East right of way line of Hancock Road to the South right of way of State
Road 50, in Section 27, Township 22 South, Range 26 East: thence run
Westerly along said right of way line of State Road 50 to the intersection with
the West right of way line of Hancock Road as described in right of way deed
and recorded in ORB 2284, Page 2147, Public Records of Lake County,
Florida, said point being' in Section 28, Township 22 South, Range 26 East;
thence run Southerly along said West right of way line of Hancock Road to
the intersection with the North right of -way line of Hartwood Marsh Road as
shown in the Plat of Cambridge at Kings Ridge, recorded in Plat Book 41,
Page 43, thence run Easterly along said North right of way line of Hartwood
Marsh Road to the Point of Beginning.
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CITY OF CLERMONT
ORDINANCE No. 2012 -06 -M
Exhibit "A"
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CITY OF CLERMONT
ORDINANCE No. 2012 -06 —M
Hartwood Marsh Road ( #0854) — (Exhibit "B ")
Begin at the intersection with the Easterly right of way line of US Highway 27
and the North right of way line of Hartwood Marsh Road as described in
Right of Way Deed recorded in ORB 1866, Page 1568, Public Records of
Lake County, Florida, said point being in Section 9, Township 23 South,
Range 26 East; thence run Easterly along the North right of way line of
. Hartwood Marsh Road to a point of curvature concave to the Northwest as
described in Right of Way Deed recorded in ORB 1299, Page 1951, Public
Records of Lake County, Florida, said point being in Section 11, Township
23 South, Range 26 East; thence run South to the Southerly right of way line
of Hartwood Marsh Road as shown on the Plat of Hartwood Reserve, Phase
II, recorded in Plat Book 57, Page 25; thence run Westerly along said South
right of way to the intersection with the Easterly right of way of US Highway
27 as described in Right of Way Deed recorded in ORB 1830, Page 416,
Public Records of Lake County, Florida; thence run Northerly along said
Easterly right of way of US Highway 27 to the Point of Beginning.
Exhibit `B"
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CITY OF CLERMONT
ORDINANCE No. 2012 -06 -M
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.
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 right -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 nght -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 -06 -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
Harold S. Turville, Jr., Mayor
ATTEST:
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Tracy Ackroyd, City Clerk
Approved as to form:
D. li !' -