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HomeMy WebLinkAbout4118 t , '..M"m"m.~"m.~"M.~.M"m'M' :;0::1" m ~. 0:::0 ORDINANCE NO. 2008-4118 J. "T\ -~ m.l):: mZ u:oZ AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, ANNEXING Ol m r..i ? APPROXIMATELY 0.69 ACRES BY VOLUNTARY PETITION CERTAIN ~ (5 - :;0 REAL PROPERTY (TAX IDENTIFICATION PARCEL NUMBERS 28-19- :;01{; 30-506-0000-020A AND 28-19-30-506-0000-020N) LOCATED m- oo CONTIGUOUS TO THE CITY OF SANFORD IN ACCORDANCE WITH oFf) THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, ~:;o -.". ^ , , FLORIDA STATUTES; REDEFINING THE BOUNDARIES OF THE CITY G) 0 ::r:"T\ OF SANFORD TO INCLUDE SAID PROPERTIES; PROVIDING FOR g,~ 00 FINDINGS; PROVIDING CONDITIONS; DIRECTING THE CITY CLERK Q :;0 00 0.0 t- - TO RECORD THE ORDINANCE WITH THE CLERK OF THE CIRCUIT c: I -l ('.l r-. COURT, WITH THE CHIEF ADMINISTRATIVE OFFICER OF SEMINOLE 0 t- O ('.l COUNTY AND WITH THE DEPARTMENT OF STATE; PROVIDING FOR c: M :;0 ~ LEGAL DESCRIPTION AND A MAP; REPEALING ALL ORDINANCES -l ~ IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; (j) '"O~ m ? l-. PROVIDING FOR NON-CODIFICATION AND THE TAKING OF .:::. ~ Z s::: ADMINISTRATIVE ACTIONS AND PROVIDING FOR AN EFFECTIVE 0 tIl rJj DATE. Ff) 00 0 00 0 r-. c: - WHEREAS, Thu and Ha Nguyen, have applied for annexation of properties into Z x -j 0 ::.... a:l the City of Sanford, and are hereby determined to be the fee simple title owners of the 0 ~. ~ '. Z parcels of real property identified herein and described in Exhibit "A" attached hereto; ~ "E ~ s::: and ex:: tIl ...>. \fJ. 0 4-0 tD 0 WHEREAS, the said applicants petitioned the City of Sanford, pursuant to ^ .~ ~ u .d Section 171.044, Florida Statutes, for annexation of said properties into the municipal l-. -0 Q) lfjj 0 limits of the City of Sanford; and ~ ;>., ...... u , 0 WHEREAS, the applicants are the fee simple title owners of all of said properties -~ ...... E ;:j being described by Tax Identification Parcel Numbers as follows: '@ ...... Q) -0 ~ ~J Q) Tax Identification Parcel Number Owners :;0 s::: m l-. 0 0 0 ...... ~ 28-19-30-506-0000-020A THU AND HA NGUYEN 0 --., ;>., 1217 Upsala Road B ...... U Sanford, Florida 32771 ~ ;>., ..0 cr, '"0 28-19-30-S06-0000-020N THU AND HA NGUYEN e Q) a 1217 Upsala Road ~ 0. Q) ~ l-. p., -0 .- .:::. Sanford, Florida 32771 and being further specifically described in Exhibit "A" attached hereto and made a part hereof by this reference. WHEREAS, the real properties aforedescribed are deemed to be adjacent properties to the City of Sanford for the purposes of this Ordinance; and WHEREAS, City staff has reviewed and subsequently recommended approval of the annexation of said properties to the City Commission of the City of Sanford and has accomplished all actions required under the Code of Ordinances of the City of Sanford and State law; and WHEREAS, the City Commission has determined that all of the properties which are proposed to be annexed into the City of Sanford are within an unincorporated area of Seminole County, are reasonably compact and contiguous to the corporate areas of the City of Sanford, Florida and it is further determined that the annexation of said properties will not result in the creation of any enclave, and it is further determined that the properties otherwise fully comply with the requirements of State law for annexation to the City of Sanford, Florida; and WHEREAS, the City Commission of the City of Sanford, Florida has taken all actions in accordance with the requirements and procedures mandated by State law; and WHEREAS, the City Commission of the City of Sanford, Florida hereby determines that it is to the advantage of the City of Sanford and in the best interests of the citizens of the City of Sanford to annex the properties aforedescribed; and WHEREAS, the map attached hereto as Exhibit "A is made a part hereof and incorporated herein by this reference, and the legal description specifically identified in Ordinance No. 2008-4118 Page 2 of6 Section 1 hereof, describes and depicts the properties which are hereby annexed into the City of Sanford. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Sanford, Florida, as follows: SECTION 1. LEGISLATIVE AND ADMINISTRATIVE FINDINGSI ANNEXATION OF PROPERTIES. The recitals set forth above in the "whereas clauses" are hereby adopted as legislative findings of the City Commission of the City of Sanford. The properties consist of the following parcels of land assigned the Tax Identification Parcel Numbers set forth above and being specifically described as set forth below, said properties being situated in Seminole County, Florida, and said properties are hereby annexed into and are hereby made a part of the City of Sanford, Florida pursuant to the voluntary annexation provisions of Section 171.044, Florida Statutes, to wit: Parcel 1: North 65 feet of South 315 feet of West 125 feet and North 90 feet of South 250 feet West 114 feet of Lot 20, SMITHS 3RD SUBDIVISION, according to the plat thereof as recorded in Plat Book 1, Page 86, of the Public Records of Seminole County, Florida. and Parcel 2: East 205 feet of West 330 feet of North 65 feet of South 315 feet of Lot 20, SMITHS 3RD SUBDIVISION, according to the plat thereof as recorded in Plat Book 1, Page 86, of the Public Records of Seminole County, Florida. and as further identified by Exhibit "A" which is made a part hereof by this reference. SECTION 2. EFFECT OF ANNEXATION. Upon this Ordinance becoming effective, the property owners of the said properties 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 Sanford, Florida as further provided in Chapter 171, Florida Statutes, and shall Ordinance No. 2008-4118 Page 3 of6 further be subject to the responsibilities of ownership as may from time-to-time be determined by the governing authority of the City of Sanford, Florida and the provisions of said Chapter 171, Florida Statutes. Upon enactment of this Ordinance, and the implementing actions relating to the annexation as set forth herein, the City concludes that utilities are available within the Utility Services area of the City and subsequent to City Commission action, upon this annexation request that for the following specific conditions be imposed: (a) The City has the availability and capacity to provide water services to the site at this time. The property owners shall be responsible for routing all water services to the properties and paying all applicable fees and connection expenses incurred in connecting to the City's distribution system in conjunction with all required connections. SECTION 3. ADMINISTRATIVE ACTIONS. Within seven (7) days of the adoption of this Ordinance, the City Clerk shall file a copy of said Ordinance with the Clerk of the Court (Land Records/Recording), with the Chief Administrative Officer of Seminole County (the County Manager) and with the Florida Department of State. SECTION 4. CONFLICTS. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. SECTION 5. SEVERABILITY. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise to be invalid, unlawful, or unconstitutional. SECTION 6. CODIFICATION. The provisions of this Ordinance shall not be codified, but the annexed property shall be incorporated and included in all appropriate maps of the City Limits of the City of Sanford by the City Manager, or designee, and the Ordinance No. 2008-4118 Page 4 of 6 City Manager, or designee, is hereby directed to take any and all appropriate actions relative to land use planning pertaining to the property annexed pursuant to this Ordinance. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon pa$S~~j and adoption. \.:;:'<' .f ,:~" ~,,;,~' ~'; /"",,"'~4tfand ADOPTED this 28th day of July, 2008. . s ~, (] ~ /) ... ".' ..' ,....~<....,:.\.\l,,~/._.~... .', '. .t' ~€gp:." .jj..~ CITY COMMISSION OF THE CITY OF <:> . ..~.~ ..:. : \... ! SANFORD, FLORIDA . ~). . ," '.>-. .4 . " .;.>. , I-... "." ,J\'. · . ~ . ':' """ ~~. .... ..... -0 ,.". ';; , " -.," , ' , ~ "i~~~~ ~OUGHERTY, ~-~~~_M;YOR V-o- CERTIFICATE \, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 2008-4118 PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 28th day of July, 2008, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 30th day of July, 2008. <""" (" ,. , , e. '. f' oJ " , l/' ()) ", Ijl1/ff^. i <:)\". '. "t) \ . . - \... l "'if ~.' \ 4IiJ .~i' ,: "~'i J net R. Dougherty, as . I 'I . lL. the City Sanford, Florida ., ...., I ~.".. ..~:..I... ~ ,/ \ (\ '," ;, ..', ^' o! \ '.."../' ~ ",. . . ",'" /f It/O.' ~ 'c;<;0./ " . '.. - ,'" ~., ,.. -~ ..~.,,' ~ , Ordinance No. 2008-4118 Page 5 of6 EXHIBIT "A" Seminole County - W1ST ST PARCEL 1 LEGAL DESCRIPTION: North 65 Ft of South 315 Ft of West 125 Ft & North 90 Ft of South 250 Ft of West 114 Ft of Lot 20 SMITHS 3RD SUBDIVISION, accorcllng to the plat thereof as recorded In C 0::: ::.::: W W 0:: () RUBY ST ANNEXATION REQUEST * PROPERTY 1.0. # PROPERTY OWNER PROPERTY ADDRESS PROPERTY ZONING ACRES ll. <( COUNTY CITY :E 1 28-19-30-506-0000-020A UPSALA RD A-1 AG 039 THU & HA NGUYEN 2 28-19-30-506-0000-020N 1217 UPSALA RD A-1 AG 030 ~tUI LII UNSP I " v "'II' fOR SCANNJJ'iG