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Ordinance No. 2014- 4317
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 01 -20-
30- 504 - 1000 -0240) located contiguous to the City of Sanford in
accordance with the voluntary annexation provisions of Section
171.044, Florida Statutes, together with associated rights -of -ways;
redefining the boundaries of the City of Sanford to include said
property; providing for findings; providing for conditions; directing
the City Clerk to record the ordinance with the Clerk of the Circuit
Court, with the Chief Administrative Office of Seminole County and
with the Department of State; providing for legal description and a
map and providing for the incorporation of that exhibit; repealing all
ordinances in conflict herewith; providing for severability; providing
for non - codification and the taking of administrative actions and
providing for an effective date.
Whereas, Operation Finally Home, a Texas corporation, applied, through its
agent Mr. Tony Rey, Jr., for annexation of property into the City of Sanford and is
hereby determined to be the fee simple title owner of the real property described below;
and
Whereas, the said applicant petitioned the City of Sanford, pursuant to Section
171.044, Florida Statutes, for annexation of said property into the municipal limits of the
City of Sanford which property is approximately 0.54 acre in size and is addressed at
1019 W. 25th Street; and
Whereas, the applicant is the fee simple title owner of all of said property being
described by Tax Identification Parcel Number as follows:
Tax Identification Parcel Number Owner
01- 20 -30- 504 - 1000 -0240 Operation Finally Home
; and
Whereas, the property being annexed is currently proposed for the construction
of 2 single family residential homes with the first house to be addressed as 1021 W. 25th
Street and which is proposed to be built in collaboration with the Monsters in the
Morning of Real Radio 104.1 (WTKS -FM) as part of its Monster House build program
and the second house being addressed as 1019 W. 25th Street; and
Whereas, City staff and the Development Review Team (on August 13, 2013)
have reviewed and recommended approval of the annexation of said property to the
City Commission of the City of Sanford and has accomplished all actions required under
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the Code of Ordinances of the City of Sanford and State law; and
Whereas, the City Commission, upon the recommendation of City staff and the
City Attorney, has determined that all of the property which is proposed to be annexed
into the City of Sanford is within an unincorporated area of Seminole County, is
reasonably compact and contiguous to the corporate areas of the City of Sanford,
Florida and it is further determined that the annexation of said property will not result in
the creation of any enclave (and, indeed, logically fills in the City Limits of the City), and
it is further determined that the property otherwise fully complies with the requirements
of State law and has, further, determined that associated rights -of -way should be
annexed hereby; 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 aforedescribed property; and
Whereas, the provisions of Section 166.031(3), Florida Statutes, provide that [a]
municipality may, by ordinance and without referendum, redefine its boundaries to
include only those lands previously annexed and shall file said redefinition with the
Department of State pursuant to the provisions of subsection (2); and
Whereas, the provisions of Section 171.091, Florida Statutes, provide as follows:
Recording. —Any change in the municipal boundaries through annexation
or contraction shall revise the charter boundary article and shall be filed as
a revision of the charter with the Department of State within 30 days. A
copy of such revision must be submitted to the Office of Economic and
Demographic Research along with a statement specifying the population
census effect and the affected land area.
; and
Whereas, the map and the legal description attached hereto as Exhibit "A"
shows, describes, and depicts the property and associated rights -of -ways which are
hereby annexed into the City of Sanford said Exhibit being incorporated into the
substantive provisions of this Ordinance as if fully set forth herein verbatim.
Now, Therefore, be it Enacted By the People of the City Of Sanford, Florida,
as follows:
Section 1. Legislative and Administrative Findings /Annexation of
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Properties.
(a). The recitals set forth above in the "whereas clauses" are hereby adopted
as legislative findings of the City Commission of the City of Sanford.
(b). The property that is the subject of this Ordinance consists of the following
parcel of land assigned the Tax Identification Parcel Number set forth above and being
specifically described as set forth below, together with all abutting and east -west right -
of -way for W. 25th Street northward and eastward of the subject property which rights -
of -ways are not currently located within the City Limits of the City as depicted in the
Exhibit to this Ordinance, said property being situated in Seminole County, Florida, and
said property is 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:
Lots 24 to 26, DREAMWOLD
SUDIVSION, according to the Plat
Thereof, as recorded in Plat Book 4
Page 99, of the Public Records of
Seminole County, Florida.
(See Exhibit "A ")
(c). Water services are available for the property that is being annexed by
means of this Ordinance. Sewer services are not available at this time to the subject
property. The property owner of the annexed property fully understands that all of the
costs of routing and installing all utility services to the annexed property and the
obligation to pay any and all applicable fees in any way relating to connection to, and
provision of services by, the City's utility systems shall be borne totally by the property
owner.
Section 2. Effect of Annexation. Upon this Ordinance becoming effective, the
property owner of the said property shall be entitled to all the rights and privileges and
immunities as are from time -to -time granted to property owner 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.
Section 3. Administrative Actions.
(a). 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), with the Florida Department of State, and with such other agencies
and entities as may be required by law or otherwise desirable.
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(b). The City Manager, or designees within City management staff, shall
ensure that the property annexed by this Ordinance is incorporated into the City of
Sanford Comprehensive Plan and the Official Zoning Map of the City of Sanford in an
expeditious manner.
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(s), and the City
Manager, or designee(s), is /are hereby directed to take any and all appropriate actions
relative to the land use planning documents of the City pertaining to the property
annexed pursuant to this Ordinance.
Section 7. Effective Date. This Ordinance shall take effect immediately upon
passage and adoption.
Passed and adopted this 14 VApril, 2014.
a
Attest: - '�
rq tity Commiss on of the City of
ford, Florid
}
Cynthia Porter, City Clerk ,CAF Je��f *zFripI yor
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.;w
.B,
illiam L. Colbert, City Attorney
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