Submitted By: Tye Chighizola
presenter
Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2022-73 to correct the legal description adopted in Ordinance 2022-36 annexing property (approximately 35.6 acres) located in the SE corner of 3848 NW 27th Avenue (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Operational Excellence
PROOF OF PUBLICATION:
N/A
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BACKGROUND: On April 19, 2022, the city adopted Ordinance 2022-36 annexing in certain property located in the SE corner of 3848 NW 27th Avenue (approximately 35.6 acres). The legal description subdividing the 35.6 acres from the parent parcel (13717-000-00) was incorrect. The metes and bounds description for the annexation application was prepared before the final survey was completed. The acreage is the same but some of the headings are different.
FINDINGS AND CONCLUSIONS: The applicant needs the corrected legal to complete the lot reconfiguration with the Marion County Property Appraiser. Staff recommends approval.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: The ordinance is pending review by the City Attorney, Robert W. Batsel, Jr.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2022-73
AN ORDINANCE ANNEXING TO THE CITY OF OCALA, FLORIDA, CERTAIN PROPERTY LOCATED IN THE SE CORNER OF 3848 NW 27TH AVENUE, SECTION 35, TOWNSHIP 14, RANGE 21, MARION COUNTY, FLORIDA, PURSUANT TO CHAPTER 171, FLORIDA STATUTES PROVIDING FOR TERMS AND CONDITIONS OF SAID ANNEXATION, DESCRIBING THE AREA TO BE ANNEXED; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, owners of real property to an unincorporated area of Marion County which is contiguous to the City of Ocala, Florida, have petitioned the City Council of the City of Ocala that said property be annexed to the City of Ocala, Florida, in accordance with Section 171.044, Florida Statutes; and
WHEREAS, it has been determined by the City Council of the City of Ocala, Florida, that the petition bears the signature of all owners of property in the area proposed to be annexed; and
WHEREAS, this ordinance is intended to correct an erroneous legal description and shall repeal and replace the legal description included within the text of Ordinance 2022-36 adopted on April 19, 2022.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA, in regular session as follows:
Section 1. City Council of the City of Ocala, Florida in accordance with the powers given and granted to said City of Ocala in and by Chapter 171, Florida Statutes, does hereby redefine the boundary lines of the City of Ocala, so as to include therein the property contiguous thereto and described as follows:
A PORTION OF THE SOUTHEAST ¼ OF SECTION 35, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 35; THENCE ALONG THE EAST LINE OF SAID SOUTHEAST ¼ OF SECTION 35, NORTH 00°21’56” EAST A DISTANCE OF 100.00 FEET TO A POINT; THENCE NORTH 89°30’38” WEST A DISTANCE OF 32.77 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF NORTHWEST 35TH STREET; THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE NORTH 89°30’38” WEST A DISTANCE OF 1,348.71 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE NORTH 89°30’38” WEST A DISTANCE OF 798.01 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1,440.00 FEET AND A CHORD BEARING NORTH 74°33’26” WEST FOR A DISTANCE OF 348.82 FEET; THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 13°54’48” FOR AN ARC DISTANCE OF 349.68 FEET TO A POINT; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE NORTH 24°46’37” EAST A DISTANCE OF 106.94 FEET TO A POINT ON THE WEST LINE OF THE PROPERTY DESCRIBED IN OFFICIAL RECORD BOOK 5254, PAGE 1699, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE ALONG SAID WESTERLY PROPERTY BOUNDARY NORTH 00°28’16” EAST A DISTANCE OF 1,238.87 FEET TO A POINT; THENCE DEPARTING SAID WESTERLY PROPERTY BOUNDARY SOUTH 89°30’41” EAST A DISTANCE OF 1,091.41 FEET TO A POINT; THENCE SOUTH 00°29’19” WEST A DISTANCE OF 1,426.36 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 1,549,828 SQUARE FEET OR 35.579 ACRES MORE OR LESS.
Section 2. Severability Clause. Should any provision or section of this ordinance be held by a Court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Specifically, the legal description included within the text of Ordinance 2022-36 adopted on April 19, 2022 is hereby repealed and replaced with the legal description set forth in paragraph 1, above.
Section 4. This ordinance shall take effect upon approval by the Mayor, or upon becoming law without such approval.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Ire Bethea Sr.
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2022.
By: __________________________________
Reuben Kent Guinn
Mayor
Approved as to form and legality:
By: _________________________________
Robert W. Batsel, Jr.
City Attorney
Ordinance No: 2022-73
Introduced: 8/2/2022
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.
P:\CITY\Growth Mgt\Revised legal for Ord 2022-36 RWB Rev 07-27-2022.docx