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CITY OF CLERMONT
ORDINANCE
No. 522-M
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GFN 2+]05164287
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JAMES G. uATYtiiNSr C:LEkY, OF f:OU~T
LAY~E COUNTY
~iECOROING FEES 27.+]i]
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE ANNEXATION OF A
CERTAIN PARCEL OF LAND CONTIGUOUS TO THE PRESENT CITY BOUNDARIES;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Clermont, Florida has received a Petition for
Annexation of a parcel of land contiguous to the present corporate limits under Section 171.044,
Florida Statutes, and
WHEREAS, the City Council of the City of Clermont, Florida, has determined that it is in
the best interest of the City and of the property herein sought to be annexed that the City annex the
following described property, and
WHEREAS, the City Council has determined that the area sought to be annexed is
• contiguous to the City and is in need of the services which the City can offer and the City has
determined that such area sought to be annexed will be substantially benefited by annexation, and
WHEREAS, the City Council has determined that all requirements of Section 171.044,
Florida Statutes, have been met.
SECTION 1:
NOW THEREFORE BE IT RESOLVED, under the provisions of Florida Statute Chapter
171 and the General and Special Laws of the State of Florida; that the City of Clermont, Florida,
does hereby annex to and make part of its corporate boundaries, the following described property
contiguous to the present City boundary, to-wit:
The East 451.3 feet of Tract 60-A, Lake Highlands Company plat of Section 15, Township 22 South,
Range 26 East, according to the plat thereof recorded in Plat Book 3, Page 52, Public Records of
Lake County, Florida, also being described as the East 451.3 feet of the Southwest'/a lying South of
the Paved Road (Old Highway 50, the same existed on June 22, 1971) in Section 15, Township 22
South, Range 26 East, Lake County, Florida, AND
The East 775 feet of the North % of the Northwest '/4 of Section 22, Township South 22 Range 26
East, Lake County, Florida.
CITY OF CLERMONT
• ORDINANCE
No. 522-M
Page - 2 -
SECTION 2:
That the aforedescribed property shall be and hereby is made part and parcel of the City of
Clermont, Florida, and that said property shall be subject to all of the laws, ordinances, and
provisions pertaining to the City of Clermont.
SECTION 3:
All property aforedescribed shall henceforth be subject to ad valorem taxation by the City of
Clermont, and any other general or special taxes or assessments.
SECTION 4:
Should any section or part of a section be declared invalid by any court of competent
jurisdiction, such adjudications shall not apply or affect any other provision of this ordinance, except
• to the extent that the entire section or part of the section may in separable in meaning and effect from
the section to which such holding shall apply.
SECTION 5:
This ordinance shall be published as provided by law, and it shall become law and take effect
upon its second reading and Final passage.
Introduced on first reading this 9th day of August 2005, by the City Council of the City of
Clermont, Florida.
CITY OF CLERMONT
• ORDINANCE
No. 522-M
Page - 3 -
Passed and Ordained on Final Reading this 11 th day of October 2005, by the City Council of
the City of Clermont, Florida.
CITY OF CLERMONT
~-
OLD S. TURVILLE, JR. Mayor
AGREEMENT BETWEEN CITY OF CLERMONT AND ROBERT KEITH
HOGAN,ROBERT THOMPSON, SARAH HOGAN,JEROME KOCIELKO AND
BONITA KOCIELKO REGARDING CITY ACCEPTANCE AND APPROVAL
OF ANNEXATION OF CERTAIN REAL PROPERTY
AND APPROVAL OF ZONING REQUEST
This Agreement, entered into by and between, ROBERT KEITH HOGAN, ROBERT
THOMPSON, SARAH HOGAN, JEROME KOCIELKO AND BONITA KOCIELKO
whose address is c/o Keith Hogan 310 Almond Street, Clermont, FL 34712, hereinafter
sometimes referred to as "OWNER" and the City of Clermont, hereinafter referred to as
CITY.
WITNESSETH
WHEREAS, the OWNER has submitted to the CITY a request to annex into the City
limits certain real property located in unincorporated Lake County and as more
particularly described in OWNER'S annexation petition to CITY dated June 20, 2005;
and
WHEREAS, the OWNER requested CITY upon said annexation to assign R-1 zoning to
the subject property; and
WHEREAS, the OWNER has recognized that adjacent property currently utilized for
agricultural purposes may be impacted by the development of the subject property as R-1
and, therefore, has voluntarily agreed to construct a buffer related to the adjacent
agricultural property as provided herein; and
WHEREAS, OWNER warrants and represents that it is the owner in fee simple of the
subject property and is authorized to enter into this Agreement
NOW THEREFORE, the parties hereto do hereby agree, in consideration of the above,
and the promises and undertakings hereinafter set forth, as follows:
1. The above recitals are true and correct and are incorporated herein as if set forth
below.
2. This Agreement shall apply and pertain to the real property more particularly
described in OWNER'S annexation petition of June 20, 2005, a true and correct copy of
which is attached hereto and incorporated herein as Exhibit"A":
3 OWNER does hereby agree on behalf of itself and on behalf of the any, heirs, assigns,
transferees, beneficiaries, or property owner associations that upon annexation and re-
zoning of the subject property as requested by OWNER and as part of the development
plans for the subject property, the OWNER shall provide a vinyl coated chain link fence
six foot tall, commercial grade, and green in color, as approved by the CITY, on the
1
subject property on the western portion of the property north of Mirror Lake and adjacent
to the property currently being used for agricultural purposes.
4. OWNER expressly agrees that no certificate of occupancy or final approval shall be
issued for any improvement on the subject property until such time as the chain link
fence (six foot tall commercial grade, and green in color) is incorporated into the
development plans to the satisfaction of CITY.
5. The failure of this Agreement to address a particular permit, condition, term, or
restriction shall not relieve the OWNER of the necessity of complying with the laws
governing said permitting requirements, conditions, terms or restrictions
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
on the date listed below.
CITY OF CLERMONT `
ATTEST: J ",. • " .
___ %‘ -- )_ , .
Harold S. Turville Jr., Mayor Tracy Ackroyd, ity Clerk J : _ ,, =
Date: - a
OWN . '
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Robert Thomps n Susan Thompson
Date: ///30/0. Date: i/lifo/0�
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R+bert Keith ogan Sarah L. Hog n
Date: ii 30 o S / Date // 30/o S
III , de.1 I a._75.../,...e.._...c._........if..4....
. -
-rome E. Kocl9.l o/ Bonita Kocielko
ate: /yl D f of Date: if/34/es"
2