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HomeMy WebLinkAbout4122 ORDINANCE NO. 2008-4122 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, ANNEXING APPROXIMATELY 8.66 ACRES BY VOLUNTARY PETITION CERTAIN REAL PROPERTY (TAX IDENTIFICATION PARCEL NUMBERS 32-19- 30-301-008D-OOOO AND 32-19-30-301-008F-OOOO) LOCATED CONTIGUOUS TO THE CITY OF SANFORD IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; REDEFINING THE BOUNDARIES OF THE CITY OF SANFORD TO INCLUDE SAID PROPERTIES; PROVIDING FOR FINDINGS; PROVIDING CONDITIONS; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT, WITH THE CHIEF ADMINISTRATIVE OFFICER OF SEMINOLE COUNTY AND WITH THE DEPARTMENT OF STATE; PROVIDING FOR LEGAL DESCRIPTION AND A MAP; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR NON-CODIFICA TION AND THE TAKING OF ADMINISTRATIVE ACTIONS AND PROVIDING FOR AN EFFECTIVE DATE. 00 00 r-. WHEREAS, Fred Jesus F. Blanco and Maria D. Diaz and Hotel and Resort - I N r-. r-. Investments, LLC have applied for annexation of properties into the City of Sanford, and N ~\v M ~ are hereby determined to be the fee simple title owners of the parcels of real property 'i:f l-. ~ identified herein and described in Exhibit "A" attached hereto; and (I;l r.r.J ~ WHEREAS, the said applicants petitioned the City of Sanford, pursuant to 00 r-. ..... :>< Section 171.044, Florida Statutes, for annexation of said properties into the municipal 0 o:l 0 limits of the City of Sanford; and =.; 'E WHEREAS, the applicants are the fee simple title owners of all of said properties <.8 c:: ro being described by Tax Identification Parcel Numbers as follows: lZl 4-< ::>:'::>:'::>:'(lr.J:Itr.l3 0 - .~ Tax Identification Parcel Number Owners ~~n:8r:;C:~i.': = OOClP1lSl.....-< U ~~~::o&i5~ iiiii g;l~g;l~;:c;~ffl iiiii .d. - 32-19-30-301-008D-0000 JESUS F. BLANCO and C') , - l-. ~..,,:;trl,28~ !!!! Q) 0 MARIA D. DIAZ fT'!...... ,"c:::::o - C')~:;::-lS'~~ - !!!! >, 2400 Cherry Laurel Drive :::J: ...... (r> .<- !!!! ... Ii< (..'l ro I\) - ...... <.' iiiii U Sanford, Florida 32771 ~~~iSl~ r - ~~O:>iSll r1l !!!! 0 :::0 .... Q.. - co "" :;c: iiiii E -J-- C' !!!! 32-19-30-301-008F-0000 HOTEL AND RESORT INV., LLC .. 0..(1 ru ......... .." iii ;:j W(J'l iiiii 1) n is:,U)cr:; ..... !! ~ 0"' -...] ~ ;::0 ... iiiii :DW," c:: i! ::;[ ~ ..... -i n iiiii - 0 - c:: - :::0 !!!5 -i iiiii !!!! 2440 Cherry Laurel Drive Sanford, Florida 32771 ~ ~ ....... c and being further specifically described in Exhibit "A" attached hereto and made a part 3 ....... 0 hereof by this reference. 0 ....... '< WHEREAS, the real properties aforedescribed are deemed to be adjacent n (D ""l F properties to the City of Sanford for the purposes of this Ordinance; and ~ ~. 0 WHEREAS, City staff has reviewed and subsequently recommended approval '-l-) lZl ~ ::3 of the annexation of said properties to the City Commission of the City of Sanford and ~ .a. has accomplished all actions required under the Code of Ordinances of the City of ~ 0 Sanford and State law; and t:C 0 :><: ...... WHEREAS, the City Commission has determined that all of the properties which -....J 00 ~QIO are proposed to be annexed into the City of Sanford are within an unincorporated area rJ.l ~ ::3 ~ ""l of Seminole County, are reasonably compact and contiguous to the corporate areas of p.. 'TJ t"'" the City of Sanford, Florida and it is further determined that the annexation of said w N -....J -J properties will not result in the creation of any enclave, and it is further determined that N I ...... -...J 00 the properties otherwise fully comply with the requirements of State law for annexation 00 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 Composite Exhibit "A", pages 1 and 2, is made a part hereof and incorporated herein by this reference, and the legal description Ordinance No. 2008-4122 n___ "'l _~ C specifically identified in 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 00 annexed into and are hereby made a part of the City of Sanford, Florida pursuant to the 00 r-. - I voluntary annexation provisions of Section 171.044, Florida Statutes, to wit: N t- r-. <"l M Parcel 1 : Section 32, Township 19 South, Range 30 East, s= from the Southwest comer run East 558.38 feet, thence "'O~ North 22 degrees 33 minutes 55 seconds East 291.65 l-. <.8 feet, thence North 10 degrees 58 minutes 39 seconds c:: (I;l East 221.69 feet to the Point of Beginning, thence run r.r.J ~ West 482.27 feet, thence North 21 degrees 21 minutes 09 00 r-. seconds East 539.16 feet, thence East 384 feet South, ..... :>< thence South 10 degrees 58 minutes 39 seconds West 0 o:l 511.69 feet to Beginning (4.42 acres). 0 ~ and 'E <.8 Parcel 2: Section 32, Township 19 South, Range 30 East, c:: ro beginning 180 feet East and 131.85 feet North of the lZl 4-< Southwest comer, run nely along a curve 212.65 feet 0 .~ South, thence 87 degrees 00 minutes 03 seconds East u 51.96 feet ely along curve 106.35 feet, thence North 76 ~ ~ degrees 13 minutes 22 seconds East 50.92 feet nely l-. Q) 0 along curve 40.28 feet, thence North 22 degrees 33 >, minutes 55 seconds 84.08 feet, thence North 10 degrees ... ...... u 58 minutes 39 seconds East 221.69 feet West 482.87 feet g South, thence 21 degrees 21 minutes 09 seconds West E 128.25 feet South 212.88 feet to Beginning. ::l ... Q) ~ and as further identified by Exhibit "A" which is made a part hereof by this reference. Ordinance No. 2008-4122 n___ ') _~ c 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 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 00 conditions be imposed: 00 r-. ..... I (a) The City has the availability and capacity to provide water N r-. r-. and sewer services to the site at this time. The property N M owners shall be responsible for routing all water and sewer ~ ~ services to the properties and paying all applicable fees and "'O~ connection expenses incurred in connecting to the City's l-. ~ distribution system in conjunction with all required (I;l connections. r.r.J ~ 00 00 SECTION 3. ADMINISTRATIVE ACTIONS. Within seven (7) days of the r-. - :>< 0 adoption of this Ordinance, the City Clerk shall file a copy of said Ordinance with the o:l 0 =.; Clerk of the Court (Land Records/Recording), with the Chief Administrative Officer of 'E <.8 Seminole County (the County Manager) and with the Florida Department of State. s:: ro lZl 4-< SECTION 4. CONFLICTS. All ordinances or part of ordinances in conflict with 0 .~ u this Ordinance are hereby repealed. ~ Q) SECTION 5. SEVERABILITY. If any section, sentence, phrase, word, or portion 0 >, ... ...... u of this Ordinance is determined to be invalid, unlawful or unconstitutional, said 0 .... E determination shall not be held to invalidate or impair the validity, force or effect of any ::l ... Q) ~ other section, sentence, phrase, word, or portion of this Ordinance not otherwise to be Ordinance No. 2008-4122 n___ A _& r 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 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 passage and adoption. PASSED an~~T&~~~1~th day of October, 2008. ... "... \ !"'.' ..dil,' "J' 00 ". !. ~ ATTEST: ;' _;' ~. .,.' '- CITY COMMISSION OF THE CITY OF N ' u; ... \.. - ..,:"., ". SANFORD, FLORIDA t- I ,/,.ur;, . ~. r-. ' "J" . N " ~.,j.,.. .. M tI \;;"., "_ ~ ...." '" ==-*\ ~' .. ( I,........ ~ c::::- .j '= "8t<2f/2 . ~/~~ .. ~ '.-...,/ - . ~'---- '€! NET DOUGHERW ~LERK LINDA ~HN, MA VOR (I;l r.r.J ~ 00 ~ CERTIFICATE :>< S I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify o =-- that a true and correct copy of the foregoing Ordinance No. 2008-4133, PASSED AND 'E ~ ADOPTED by the City Commission of the City of Sanford, Florida, on the 13th day of ro lZl ~ October, 2008, was posted at the front door of the City Hall in the City of Sanford, .~ U Florida, on the 15th day of OQober, 2OQf3:t. .d. ,.' 0 . II I! ~ ," .,' ~ ,. ~ /11'&',.' (J,,(, . . C U .j , -' 'I'" .. ,t1 1/'0"" "., C ' -f -. : :.. '~ ~ ---~. l''''. '. i " u . ; 0 . - '. " ::'.: .!\(I,I~; ~ >, J .. '.. '. o .. ;'.. ". . .... '" · I Itt.. > '-.. , K:.' t{.1 ~ (,' *,<~~.,....~ /,J.,: .'~t'R. Dougherty, as ~ · , 'If .,'~. . . .<.. '-,Ahe City Sanford, Florida lJJ~.,c.(' ;!~~~ce No. 2008-4122 . n___ c _~ c EXHIBIT "A" Parcel 1 LEGAL DESCRIPTION: PARCEL I: FROM THE SW COR OF SEC 32, TWP 195, RGE 30E, SEMINOLE COUNTY, FLORIDA, RUN S 8so53'54" E, ALONG THE S LINE OF SAID SEC 32, A DISTANCE OF 558.38 FT TO A POINT ON THE N R-O-W LINE OF C-46A, AND THE POB, THENCE RUN N 22033'55" E 291.65 FT, THENCE RUN N 10058'39" E 221.89 FT, THENCE RUN N 89053'54" W 482.87 FT, THENCE RUN S 21021'09" W 128.25 FT TO A POINT 180.18 FT E OF THE WLlNE OF SAID SEC 32 THENCE RUN S 0026'09" W, PARALLEL WITH SAID W LINE OF SEC 32 A DISTANCE OF 344.73 FT TO A POINT ON THE N R-O-W LINE OF C-46A, THENCE RUN S 89020'30" E ALONG SAID N R-O-W LINE 211.30 FT TO THE POINT OF CURV- ATURE OF A CURVE CONCAVE SWLY AND HAVING A RADIUS OF 724.537 FT, THENCE RUN SEL Y ALONG THE ARC OF SAID CURVE 168.48 FT THROUGH A CEN- TRAL ANGLE OF 13019'25" TO THE POB. ANNEXATION REQUEST 00 00 r-. - I N t- r-. <"l M Ii "'O~ CR 46A l-. <.8 c:: (I;l r.r.J oo~ Parcel 2 LEGAL DESCRIPTION: 00 PARCEL II: FROM THE SW COR OF SEC C r-. 0::: - 32,TWP 19S, RGE 30E, SEMINOLE .... :>< COUNTY, FLORIDA, RUN S 89053'54" E, 0::: 0 o:l ALONG THE S LINE OF SAID SEC 32, A ~ 8m 0 DISTANCE OF 558.38 FT; THENCE RUN N 22033'55" E, 291.65 FT; THENCE RUN =.; N 10058'39" E, 221.89 FT FOR A POB; a: 'E THENCE RUN N 89053'54" W, 482.27 FT; <.8 THENCE RUN N 21021'09" E, 539.16 FT c:: TO A POINT 990 FT N OF THE S LINE OF ro SAID SEC 32; THENCE RUN S 89053'54" E, lZl 4-< PARALLEL WITH SAID S LINE OF SEC 32, 0 A DISTANCE OF 384 FT; THENCE RUN S ,~ 10058'39" W, 511.69 FT TO THE POB. U .d lIITIIlIII l-. Q) "* PROPERTY 0 Q. PROPERTY 1.0. # PROPERTY OWNER PROPERTY ZONING ACRES >, <( ADDRESS COUNTY CITY .-;:: :iE U 32-19-30-301-008D~OOOO JESUS F.8LANCO 2400 CHERRY LAUREL DR 0 1 A-1 AG 4.42 .... & MARIA DIAZ E ::l 2 32-19-30-301-008F-OOOO HOTEL AND RESORT 2440 CHERRY LAUREL DR A-1 AG 3.61 ... Q) INV LLC ~