HomeMy WebLinkAbout4404 Annex 800 Upsala Rd Ordinance No. 2017-4404
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 33-19-
30-5AF-0000-025A generally addressed as 800 Upsala Road 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; amending the boundaries of the
City in accordance with the voluntary annexation provisions of
Section 166.031, Florida Statutes; 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
M Seminole County and with the Department of State; providing for
4a legal description and a map and providing for the incorporation of
that exhibit; repealing all ordinances in conflict herewith; providing
o for severability; providing for non-codification and the taking of
1. administrative actions and providing for an effective date.
Whereas, Kirk Leiffer Trustee, applied for annexation of property into the City
of Sanford and are hereby determined to be the fee simple title owner of the real
property described below; and
p" Whereas, the said applicant petitioned the City of Sanford, pursuant to
oSection 171.044, Florida Statutes, for annexation of said property into the municipal
limits of the City of Sanford; and
Whereas, the subject property is approximately 0.90 acre in size and
generally addressed as 800 Upsala Road; and
0
Whereas, the applicant is the fee simple title owner of all of said property
v being described by Tax Identification Parcel Number as follows:
x
Tax Identification Parcel Number Owner
v 33-19-30-5AF-0000-025A Kirk Leiffer Trustee
0
and
Whereas, City staff and the Development Review Team (on March 28, 2017)
have reviewed and recommended approval of the annexation of said property to the
o 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
v Whereas, the City Commission, upon the recommendation of City staff and
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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 is
consistent with sound principles and practices relating to the delineating of jurisdictional
boundaries thereby furthering sound management in terms of the provision of public
facilities and services as well as sound land use planning), 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
parcels of land assigned the Tax Identification Parcel Number set forth above and being
specifically described as set forth below, together with all Central Florida Greeneway
right-of-way abutting the City Limits of the City all of said rights-of-way to the extent not
currently annexed into the City Limits of the City and such rights-of-ways not currently
being located within the City Limits of the City, in association with the following property
being situated in Seminole County, Florida:
The North 150 feet of the East 321 feet of Lot 25, Plat of NEW UPSALA,
as recorded at Plat Book 1 Page 67, of the Public Records of Seminole
County, Florida. (See Exhibit "A").
,and all of said property and rights-of-way are hereby annexed into and are hereby
made a part of the City of Sanford, Florida pursuant to the provisions of Section
171.044, Florida Statutes.
(c). Water service is available to the annexed property, but gravity sewer
service is not available to serve the said property. The property owner would be
required to extend such sewer services to the property for service at the cost of the
property owner. 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 that may
result and be incurred and the obligation to pay any and all other 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.
(d). Under the authority of Section 166.031 (3), Florida Statutes, relating to city
charter amendments, "[a] municipality may amend its charter pursuant to this section
notwithstanding any charter provisions to the contrary. . . . . 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
This Ordinance shall amend the boundaries of the City to include the property annexed
in this Ordinance and all previously annexed properties.
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 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.
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Section 3. Administrative Actions.
(a). Within 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.
(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 and, in accordance with, and pursuant to, the provisions of Under
the authority of Section 166.031 (3), Florida Statutes, the City Manager, or designees,
shall amend the boundaries of the City to include the property annexed in this
Ordinance and all previously annexed properties in all maps and geographical data
relating to the City Limits said properties to include, but not be limited to, annexed
rights-of-way and natural features.
Section 4. Conflicts. All ordinances or part of ordinances in conflict with
this Ordinance are hereby repealed.
Section 6. 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. Also, all maps of the City shall be modified to
address this annexation and all previous annexations.
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Section 7. Effective Date. This Ordinance shall take effect immediately
upon passage and adoption.
Passed and adopted this 8th day of May, 2017.
Attest City Commission of the City of
Sanford, Florida
Cynthia Porter, City Clerk Jeff Triplett,
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
'WillIam I Colbert, City Attorney
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7 LEGAL DESCRIPTION:
N 150 Ft of E 321 Ft of Lot 25
(LESS E 30 FT FOR RD)
NEW UPSALA according •to •the plat
thereof as recorded in Plat Book I
Page 67 of the public records of
Seminole County, Florida.
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PROPERTY I.D.# PROPERTY OWNER PROPERTY ADDRESS
KIRK LEIFFER TRUSTEE ', 800 UPSALA RD