HomeMy WebLinkAbout4405 Annex 500 High Way, Audrey Frost a
Ordinance No. 2017-4405
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 18-20-
31-501-0000-0420 generally addressed as 500 High Way 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 =
r� the Clerk of the Circuit Court, with the Chief Administrative Office of VJ
MSeminole County and with the Department of State; providing for
legal description and a map and providing for the incorporation of ' '_ 171
w that exhibit; repealing all ordinances in conflict herewith; providing
o for severability; providing for non-codification and the taking of
administrative actions and providing for an effective date.
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Whereas AudreyFrost applied for annexation of property into the Cit of
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Sanford and are hereby determined to be the fee simple title owner of the real property
<C described below; and
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Whereas, the said applicant petitioned the City of Sanford, pursuant to
z Section 171.044, Florida Statutes, for annexation of said property into the municipal _.
o limits of the City of Sanford; and
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° Whereas, the subject property is approximately 0.44 acre in size and ='
9 generally addressed as 500 High Way; and
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0 Whereas, the applicant is the fee simple title owner of all of said property :i
v being described by Tax Identification Parcel Number as follows:
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? Tax Identification Parcel Number Owner
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v 18-20-31-501-0000-0420 Audrey Frost
and
Whereas, City staff and the Development Review Team (on April 11, 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 Sanford Avenue right-of-way
abutting property and that intersecting High Way, all High Way and all railroad right-of-
way from the South of the annexed property where it abuts the City Limits of the City
northeasterly to North Way 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:
Lots 40, 41 and 42, Plat of GINDERVILLE HEIGHTS, as recorded at Plat
Book 4 Page 42, 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). In accordance with City Resolution Number 2008-2105, all requests for
emergency water service may be considered and approved by the City Manager, or
designee, upon receipt of the required fully execute Petition for Annexation and proof of
hardship/health complication to the satisfaction of the City Manager, or designee. On
April 4, 2017, the property owner petitioned for emergency water service due to the
existing well on property no longer being operable. Water is available and the City's
Utility Department recommended water service for the subject property on that date.
Further, the City Manager authorized emergency water service on that date. The
property owner shall be responsible for all impact and connection fees associated with
obtaining utility services from the City and to extend such utility services to the 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 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
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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.
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 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. 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 8t�°day of May, 2017.
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Attest: " • �rC�it� Commission f the City of
Sa`' ord, Florida
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Cynt is Porter, City Clerk �,. am Jeff,Triplett, M
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
William L. Colbert, City Attorney
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DESCRIPTION:
OMEN GINDERVILLE HEIGHTS SUBDIVISION
according • the plat thereof • •-s
in
t Book 4, Page 42,of the public
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