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O-2019-05 ce CCITY OF CLERMONT LER ONT ORDINANCE NO.2019-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING THE LARGE SCALE COMPREHENSIVE PLAN AMENDMENT FOR THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE LARGE SCALE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE LARGE SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR THE ADOPTION OF THE LARGE SCALE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE LARGE SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Comprehensive Plan of the City of Clermont was adopted by the City of Clermont on June 23, 2009, in accordance with the Local Government Planning and Land Development Regulations Act of 1985,Chapter 163, Part II, Florida Statutes; and WHEREAS,the Comprehensive Plan of the City of Clermont may be amended pursuant to Florida Statute 163.3187; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of Clermont have held public hearings on the proposed amendment to the plan in light of written comments,proposals and objections from the general public; NOW THEREFORE BE IT RESOLVED AND ENACTED, by the City Council of the City of Clermont, Lake County, Florida that: SECTION 1. After public hearings.held by the City of Clermont Local Planning Agency and the Clermont City Council, the Future Land Use Map of the Comprehensive Plan of the City of Clermont is hereby amended by changing the following described property as shown: LEGAL DESCRIPTION Parcel 1: Parcel A All those portions of sections'21, 22 and 23, township 23 south, range 26 east, Lake County, Florida,described as follows: Commence at a 1-1/4" iron pipe found at the northwest corner of the northeast 'A of the aforesaid section 21, said northwest corner according to certified corner record #48105; thence N89°16'46"E, 2653.20 feet along the north line of said northeast '/o to a 2" iron pipe found at the northeast corner of said northeast '/ of said section 21, said northeast corner according to 1 Cl-ER ONT CITY OF CLERMONT wed« ORDINANCE NO. 2019-05 certified corner record #48106; thence S88°49'23"E along the north line of the northwest 1/4 of the aforesaid section 22, 670.44 feet to the point of beginning; thence continue S88°49'23"E along said north line, 1976.14 feet; thence S88°49'23"E along the north line of the northwest 1/4 of the northeast '/ of said section 22, 1323.29 feet; thence S00°20'55"W along the west line of the northeast ' of said northeast '/ of said section 22, 1314.56 feet; thence S89°00'54"E along the south line of said northeast '/ of the northeast % of said section 22, 1290.91 feet to the west right-of-way line of Five Mile Road (a 66' wide right-of-way as recorded in Official Records Book 357, page 21, of the Public Records of Lake County, Florida); thence S00°19'09"W along said west right-of-way line, distant 33.00 feet westerly, by perpendicular measure, from the east line of said northeast ' of section 22, 1310.25 feet to a point in the north line of the southeast '/ of said section 22, distant 33.00 feet on a bearing of N89°12'24"W, from a 5/8" iron rod and cap #PLS4779 found at the east ''A corner of said section 22, said east '/o corner according to certified corner record#084030; thence S00°27'16"W along said west right-of-way line, distant 33.00 feet westerly, by perpendicular measure, from the east line of the southeast 'A of said section 22, 2681.30 feet to a point in the north line of the northeast 'A of section 27, township 23 south, range 26 east, said point being distant 33.00 feet on a bearing of N89°12'03"W from a 4"x4" concrete monument #RLSL993 found at the northeast corner of said northeast % of section 27, thence N89°12'03"W along said north line, 2612.50 feet to a 4"x4" concrete monument found at the northeast corner of the northwest '/ of said section 27; thence N89°32'30"W along the north line of said northwest % , 2614.54 feet to a 4"x4" concrete monument found in the east right-of- way line of Shell Pond Road, and being distant 33.00 feet on a bearing of S89°32'30"E from a 4"x4" concrete monument found at the northwest corner of said northwest '/ of section 27; thence N00°23'38"E along said east right-of-way line, distant 33.00 feet easterly, by perpendicular measure, from the west line of the southwest '/ of the aforesaid section 22, 2696.34 feet; thence N89°12'24"W, 33.00 feet to a 1-1/2" iron pipe found at the northwest corner of said southwest of said section 22, said northwest corner according to certified corner record #48107; thence S89°36'30"W along the east-west center section line of the aforesaid section 21, 1287.60 feet; thence, departing said east-west center section line, N00°00'00"E, 456.14 feet; thence N55°49'12"E, 1567.27 feet to an iron rod with cap #LB68 set at the northwest corner of the southwest '/o of the northwest % of the aforesaid section 22; thence S89°00'54"E along the north line of said southwest 'A of the northwest % , 679.40 feet; thence, departing said north line, N00°00'00"W, 1325.72 feet to the point of beginning. Less and except therefrom: those parcels described in Official Records Book 849, page 2162; Parcel 122 (fee simple); the northerly 50.00 feet of the southerly 80.00 feet of the easterly 35.00 feet of the westerly 2832.00 feet of section 22, township 23 south,range 26 east, in the County of Lake, state of Florida. Parcel 123 (fee simple): the northerly 50.00 feet of the southerly 80.00 feet of the easterly 35.00 feet of the westerly 118.00 feet of section 22, township 23 south, range 26 east, in the County of Lake, state of Florida. Parcel 124 (fee simple): the northerly 20.00 feet of the southerly 50.00 feet of the easterly 30.00 feet of the westerly 83.00 feet of section 22, township 23 south, range 26 east, in the County of Lake, state of Florida. 2 CITY OF CLERMONT LERMoNT ORDINANCE NO.2019-05 Also less from said section 22,that parcel described in Official Records Book 845, page 567; Parcel 129 (fee simple): the westerly 35.00 feet of the easterly 523.26 feet of the northerly 50.00 feet of the southerly 80.00 feet of the southeast ' of the southeast ''A of section 22, township 23 south,range 26 east, in the County of Lake, state of Florida. Also less from said section 22,that parcel described in Official Records Book 851,page 1455: Parcel 130 (fee simple): the northerly 50.00 feet of the southerly 900.00 feet of the westerly 35.00 feet of the easterly 93.00 feet of the southeast '/ of the northeast ' of section 22, township 23 south,range 26 east,in the County of Lake, state of Florida. and: Parcel B That part of sections 21 and 22, township 23 south, range 26 east, Lake County, Florida described as follows: Commence at a 1-1/4" iron pipe found at the northwest corner of the northeast % of the aforesaid section 21, said northwest corner according to certified corner record #48105; thence n89°16'46"e along the north line of said northeast 'A, 518.50 feet to the east right-of-way line,of Bradshaw Road as maintained by Lake County, said east right-of-way line as filed surveyed by Donald W. Mcintosh associates, inc. and shown on a "specific purpose survey" prepared by Donald W. Mcintosh associates, inc., drawing number cs#02-203, survey date 02/27/02, and to the point of beginning; thence, departing said north line of said northeast ''A , run the following fourteen (14) courses and distances along said east right-of-way line: s09°07'38"w, 226.88 feet; s08°14'05"w, 483.61 feet; s08°51'03"w, 111.11 feet; s08°15'58"w, 235.08 feet; s07°40'42"w, 73.87 feet; s08°15'45"w, 120.18 feet; s08°15'35"w, 293.65 feet; s07°52'00"w, 391.90 feet; s08°15'41"w, 126.07 feet; s09°13'52"w, 181.39 feet; s09°21'18"w, 192.16 feet; s08°48'22" w, 191.95 feet; sl 0°07'14"w, 16.87 feet to the point of curvature of a curve concave easterly having a radius of 36.00 feet and a chord bearing of sl 5°39'01"e; thence southerly along the arc of said curve through a central angle of 51°32'31" for a distance of 32.38 feet to a non-tangent line being the east-west center of section line of aforesaid section 21; thence, departing said east right-of- way line, n89°36'30"e along said east-west center of section line 1210.47 feet; thence, departing said east-west center of section line, n00°00'00"e, 456.14 feet; thence n55°49'12"e, 1567.27 feet to the northwest corner of the southwest '/ of the northwest '/ of the aforesaid section 22; thence s89°00'54"e along the north line of said southwest 'A of the northwest 'A, 679.40 feet; thence, departing said north line, n00°00'00" w, 1325.72 feet to the north line of the northwest '/ of the northwest 'A of said section 22; thence n88°49'23"w along said north line, 670.44 feet to a 2" iron pipe found at the northeast corner of the northeast '/ of the aforesaid section 21, said northeast corner according to certified corner record #48106; thence s89°16'46"w along the north line of said northeast % , 2134.70 feet to the point of beginning. Less and except North Parcel (Cut Out Parcel) 3 CITY OF CLERMONT CHChaced —Champ=ER ORDINANCE NO.2019-05 That part of sections 21 and 22, township 23 south, range 26 east, Lake County, Florida described as follows: Commence at a 1-1/4 " iron pipe found at the northwest corner of the northeast % of the aforesaid section 21, said northwest corner according to certified corner record #48105; thence n89°16'46"e along the north line of said northeast '4, 518.50 feet to the east right- of-way line of Bradshaw Road as maintained by Lake County, said east right-of-way line as filed surveyed by Donald W. Mcintosh associates, inc. and shown on a "specific purpose survey" prepared by Donald W. Mcintosh associates, inc., drawing number cs#02-203, survey date 02/27/02, and to the point of beginning; thence, departing said north line of said northeast '/ , run the following fourteen (14) courses and distances along said east right-of-way line: s09°07'38"w, 226.88 feet; s08°14'05"w, 483.61 feet; s08°51'03"w, 111.11 feet; s08°15'58"w, 235.08 feet; s07°40'42"w, 73.87 feet; s08°15'45"w, 120.18 feet; s08°15'35"w, 293.65 feet; s07°52'00"w, 391.90 feet; s08°15'41"w, 126.07 feet; s09°13' 52"w,.181.39 feet; s09°21'18" w, 192.16 feet; s08°48'22" w, 191.95 feet; sl0°07'14"w, 16.87 feet to the point of curvature of a curve concave easterly having a radius of 36.00 feet and a chord bearing of si5°39'01"e; thence southerly along the arc of said curve through a central angle of 51°32'31" for a distance of 32.38 feet to a non-tangent line being the east-west center of section line of aforesaid section 21; thence, departing said east right-of- way line, n89°36'30"e along said east-west center of section line 2498.07 feet to the northwest corner of the southwest '/ of aforesaid section 22; thence, departing said east-west center of section line, n00°23'17"e along the west line of the southwest % of the northwest % of said section 22, 1327.85 feet to the northwest corner of said southwest '/ of the northwest '/ of section 22; thence departing said west line run s89°00'54"e along the north line of said southwest 'A of the northwest %, 679.40 feet; thence, departing said north line, n00°00'00"w, 1325.72 feet to the north line of the northwest '/ of the northwest % of said section 22; thence n88°49'23"w along said north line, 670.44 feet to a 2" iron pipe found at the northeast corner of the northeast '/ of the aforesaid section 21, said northeast corner according to certified corner record #48106; thence s89°16'46"w along the north line of said northeast '/ , 2134.70 feet to the point of beginning. Being more particularly described as: All those portions of sections 21, 22 and 23, township 23 south, range 26 east, Lake County, Florida, described as follows; Commence at a 1-1/4" iron pipe found at the northwest corner of the northeast % of the aforesaid section 21, said northwest corner according to certified corner record #48105; thence n89°16'46"e, 2653.20 feet along the north line of said northeast '/ to a 2" iron pipe found at the northeast corner of said northeast ' of said section 21, said northeast corner according to certified corner record#48106; thence s88°49'23"e along the north line of the northwest '/ of the aforesaid section 22, 670.44 feet to the point of beginning; thence continue s88°49'23"e along said north line, 1976.14 feet; thence s88°49'23"e along the north line of the northwest % of the northeast '/ of said section 22, 1323.29 feet; thence s00°20'55"w along the west line of the northeast % of said northeast 'A of said section 22, 1314.56 feet; thence s89°00'54"e along the south line of said northeast '/ of the northeast % of said section 22, 1290.91 feet to the west 4 • CLERWONT CITY OF CLERMONT Chace d«.,, ORDINANCE NO.2019-05 right-of-way line of Five Mile Road (a 66' wide right-of-way as recorded in Official Records Book 357, page 21, of the Public Records of Lake County, Florida); thence s00°19'09"w along said west right-of-way line, distant 33.00 feet westerly,by perpendicular measure, from the east line of said northeast '/< of section 22, 1310.25 feet to a point in the north line of the southeast '/ of said section 22, distant 33.00 feet on a bearing of n89°12'24"w, from a 5/8" iron rod and cap #p1s4779 found at the east '/ corner of said section 22, said east 'A corner according to certified corner record #084030; thence s00°27'16"w along said west right-of-way line, distant 33.00 feet westerly, by perpendicular measure, from the east line of the southeast ' of said section 22, 2681.30 feet to a point in the north line of the northeast 'A of section 27, township 23 south, range 26 east, said point being distant 33.00 feet on a bearing of n89°12'03"w from a 4"x4" concrete monument #r1s1993 found at the northeast corner of said northeast % of section 27,thence n89°12'03"w along said north line, 2612.50 feet to a 4"x4" concrete monument found at the northeast corner of the northwest 'A of said section 27; thence n89°32'30"w along the north line of said northwest '/o , 2614.54 feet to a 4"x4" concrete monument found in the east right-of-way line of Shell Pond Road, and being distant 33.00 feet on a bearing of s89°32'30"e from a 4"x4" concrete monument found at the northwest corner of said northwest '/ of section 27; thence n00°23'38"e along said east right-of-way line, distant 33.00 feet easterly, by perpendicular measure, from the west line of the southwest '/ of the aforesaid section 22, 2696.34 feet; thence n89°12'24"w, 33.00 feet to a 1-1/2" iron pipe found at the northwest corner of said southwest of said section 22, said northwest corner according to certified corner record #48107; thence n00°23'17"e along the west line of the southwest % of the northwest 'A of the aforesaid section 22, 1327.85 feet to an iron rod with cap #1b68 set at the northwest corner of said southwest 'A of the northwest 'A of section 22; thence s89°00'54"e along the north line of said southwest 'A of the northwest '/ , 679.40 feet; thence, departing said north line, n00°00'00"w, 1325.72 feet to the point of beginning. Less and except therefrom; Those parcels described in Official Records Book 849,page 2162; Parcel 122 (fee simple): The northerly 50.00 feet of the southerly 80.00 feet of the easterly 35.00 feet of the westerly 2832.00 feet of section 22, township 23 south, range 26 east, in the County of Lake, state of Florida. Parcel 123 (fee simple): The northerly 50.00 feet of the southerly 80.00 feet of the easterly 35.00 feet of the westerly 118.00 feet of section 22, township 23 south, range 26 east, in the County of Lake, state of Florida. Parcel 124(fee simple): The northerly 20.00 feet of the southerly 50.00 feet of the easterly 30.00 feet of the westerly 83.00 feet of section 22, township 23 south, range 26 east, in the County of Lake, state of Florida. 5 CI-ER NT CITY OF CLERMONT ORDINANCE NO.2019-05 Also less from said section 22,that parcel described in Official Records Book 845, page 567: Parcel 129(fee simple): The westerly 35.00 feet of the easterly 523.26 feet of the northerly 50.00 feet of the southerly 80.00 feet of the southeast '/ of the southeast '/ of section 22, township 23 south, range 26 east, in the County of Lake, state of Florida. Also less from said section 22, that Parcel described in Official Records Book 851,page 1455: Parcel 130(fee simple): The northerly 50.00 feet of the southerly 900.00 feet of the westerly 35.00 feet of the easterly 93.00 feet of the southeast '/ of the northeast % of section 22, township 23 south, range 26 east, in the County of Lake, state of Florida. Together with the beneficial easements contained in that certain declaration of easement and agreement regarding road and utility improvements dated May 25, 2006 and which is recorded on June 2, 2006 in Official Records Book 3175, page 997, all in the Public Records of Lake County, Florida. Parcel 2: The land referred to herein below is situated in the County of Lake, state of Florida, and is described as follows: That part of sections 21 and 22, township 23 south, range 26 east, Lake County, Florida described as follows: Commence at a 1-1/4" iron pipe found at the northwest corner of the northeast '/ of the aforesaid section 21, said northwest corner according to certified corner record #48105; thence n89°16'46"e along the north line of said northeast 518.50 feet to the east right-of-way line of Bradshaw Road as maintained by Lake County, said east right-of-way line as filed surveyed by Donald W. Mcintosh associates, inc. and shown on a "specific purpose survey" prepared by Donald W. Mcintosh associates, inc., drawing number cs#02-203, survey date 02/27/02, and to the point of beginning; thence, departing said north line of said northeast 'A, run the following fourteen (14) courses and distances along said east right-of-way line; s09°07'38"w, 226.88 feet; s08°14'05"w, 483.61 feet; s08°51'03" w, 111.11 feet; s08°15'58"w, 235.08 feet; s07°40'42"w, 73.87 feet; s08°15'45"w, 120.18 feet; s08°15'35"w, 293.65 feet; s07°52'00"w, 391.90 feet; s08°15'41"w, 126.07 feet; s09°13'52"w, 181.39 feet; s09°21'18"w, 192.16 feet; s08°48'22"w, 191.95 feet; s10°07'14"w, 16.87 feet to the point of curvature of a curve concave easterly having a radius of 36.00 feet and a chord bearing of s15°39'01"e; thence southerly along the arc of said curve through a central angle of 51°32'31" for a distance of 32.38 feet to a non-tangent line being the east-west center of section line of aforesaid section 21; thence, departing said east right-of- way line, n89°36'30"e along said east-west center of section line 2498.07 feet to the northwest corner of the southwest '/ of aforesaid section 22; thence, departing said east-west center of section line, n00°23'17"e along the west line of the southwest ' of the northwest % of said section 22, 1327.85 feet to the northwest corner of said southwest ' of the northwest ''A of 6 CITY OF CLERMONT CHER ONT ORDINANCE NO.2019-05 section 22; thence departing said west line run s89°00'54"e along the north line of said southwest '/ of the northwest '/ , 679.40 feet; thence, departing said north line, n00°00'00"w, 1325.72 feet to the north line of the northwest ' of the northwest 'A of said section 22; thence n88°49'23"w along said north line, 670. 44 feet to a 2" iron pipe found at the northeast corner of the northeast ' of the aforesaid section 21, said northeast corner according to certified corner record #48106; thence s89°16'46"w along the north line of said northeast %, 2134.70 feet to the point of beginning. Together with the beneficial easements contained in that certain declaration of easement and agreement regarding road and utility improvements dated May 25, 2006 and which is recorded on June 2, 2006 in Official Records Book 3175, page 997, and that certain declaration of easement and agreement regarding Road and utility improvements dated May 25, 2006 and which is recorded on June 2, 2006 in Official Records Book 3175, page 1023, all in the Public Records of Lake County, Florida. Contains 743.00 acres more or less. LOCATION 1.75 miles south of Hartwood Marsh Road, East of US 27 CHANGE IN FUTURE LAND USE CLASSIFICATION FROM LAKE COUNTY: WELLNESS WAY-1 TO CITY OF CLERMONT: MASTER PLANNED DEVELOPMENT SECTION 2. If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from the remainder of the Ordinance, and the remainder of the Ordinance shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Ordinance as a whole. SECTION 3. All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. • 7 CITY OF CLERMONT Chace of I.ER c ONT ORDINANCE NO.2019-05 SECTION 4. This Ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its Second Reading and Final Passage. Location map: Nisi N J J .J 4 / ry Subject Property rt JP Y z I 7) 47a. 0 s l y • 8 •16, CHER NT CITY OF CLERMONT �^«ttd� ORDINANCE NO. 2019-05 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida, this 19th day of November, 2019. CITY OF CLERMONT rw �A jnr Gail L. Ash Mayor ATTEST: Tracy Ackroyd owe, City Clerk Approved as to form and legality: Daniel F. Mantzaris, City Attorney �f.