HomeMy WebLinkAbout4418 Annexing 1340 Silver Lake Ct, Julian Demora Jrmp `s r gig Pill!'111.1 n ml
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Ordinance No. 2017-4418
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 07-20-
31-300-004C-0000 generally addressed as 1340 Silver Lake Court
located contiguous to the City of Sanford in accordance with the
voluntary annexation provisions of Section 171.044, Florida Statutes,
together with associated Silver Lake; 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 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, Julian Demora Jr. Trustee, for the benefit of Julian J. Demora Trust,
dated June 7, 2004, applied for annexation of property into the City of Sanford and are
hereby determined to be the fee simple title owners 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; and
Whereas, the subject property is approximately 1.27 acres in size and
generally addressed as 1340 Silver Lake Court; and
Whereas, the applicant is the fee simple title owners of all of said property
being described by Tax Identification Parcel Number as follows:
Tax Identification Parcel Number Owner
07-20-31-300-004C-0000 Julian Demora Jr. Trustee, for the benefit of
Julian Demora Trust, dated June 7, 2004.
; and
Whereas, City staff and the Development Review Team (on August 22, 2017)
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 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 the abutting un -annexed portion of Silver Lake 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 Silver Lake 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.
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Now, Therefore, be it Enacted By the People of the City Of Sanford, Florida,
as follows:
Section 1. Legislative and Administrative Findings/Annexation of
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 the associated portion of Silver
Lake to the extent not currently annexed into the City Limits of the City together with the
following property being situated in Seminole County, Florida:
Section 7, Township 20 South, Range 31 East, Seminole County, Florida.
Begin 857.67 feet North and 629.71 feet East of center of Section and run
East 16.08 feet South 72 degrees, East 385.79 feet North 45 degrees,
West 93.87 feet North 30 degrees, West 304.92 feet, West 95.13 feet
South 18 Degrees, West 222.21 feet to Beginning. (See Exhibit "A").
,and all of said property is 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). The property owners 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 owners of the annexed
property fully understand that they shall incur all of the costs of routing and
installing all utility services to the annexed property that may result and be
incurred and their obligation to pay any and all other applicable fees and costs in
any way relating to connection to, metering of, and provision of services by, the
City's utility systems. Water service is available for the subject parcel and the
property owner shall be responsible for running a water line from Mellonville
Avenue right-of-way to the subject parcel. In addition, the property owner shall be
responsible for paying impact fees for residential structure in addition to a meter
set fee and any and all connection fees required to provide water service to the
subject parcel. City sewer service is not available in the area of the annexed
property.
(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
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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.
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 Crystal Lake 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,
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all maps of the City shall be modified to address this annexation and all previous
annexations.
Section 7. Effective Date. This Ordinance shall take effect
immediately upon passage and adoption.
Passed and adopted this 9t" day of .October, 2017.
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Attest. I ''Commission of th City of
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Cynt is Porter, City Clerk
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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