HomeMy WebLinkAbout4433 Annex 4008 W. 1st St Robert MaksimowiczCn
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Ordinance No. 2018-4433
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 16-19-
30-5AC-0000-087C generally addressed as 4008 West 1st Street
(State Road 46)) 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 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, Robert J. Maksimowicz applied 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; and,
Whereas, the subject property is approximately 1.40 acres in size and is
developed with a single family dwelling built in 1954 which is 1,008 square feet in size
and which is generally addressed as 4008 West 1 st Street (State Road 46); 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
Robert J. Maksimowicz
; and
Whereas, City staff and the Development Review Team (on December 19,
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 the Code of Ordinances of the City of Sanford and State law; and
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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 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:
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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 forthbelow, together with all Upsala Road right-of-way
abutting or running North or South of the subject property and all State Road 46 right-of-
way running South of the annexed property and East of Elder Road and West of Central
Park Drive all of said rights-of-way being annexed in association with the following
property being situated in Seminole County, Florida:
That part of Lots 87 - 96 described as follows: Beginning 480 feet North of
the intersection of the West line of Lot 96 and center line of State Road
46, run East 124 feet, North 509.34 feet, West 124 feet, South 509.61 feet
to Beginning, of the ST JOSEPHS subdivision according to the plat
thereof as recorded in Plat Book 1, Page 114, of the public records of
Seminole County, Florida. (See Exhibit "A").
, and all of said property and aforementioned 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). The property owner shall be responsible for all impact and
connection fees associated with obtaining utility services from the City to the
annexed property and to extend such utility services to the annexed property to
the extent that such utilities are not available. The property owner of the annexed
property fully understands that it and its transferees and assigns shall incur any
and all of the costs of routing and installing all utility services to the annexed
property that may result and be incurred as well as the 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 off of State Road 46 right-of-way approximately 350 feet away from the
subject property. Sewer services are not available to the subject property with the
nearest connection being located at Narcissus Avenue. 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 to the
extent that such utilities are not available. The property owner is requesting
annexation to obtain utility services in order to develop the subject property for
light industrial use. Future development shall meet all utility code requirements
for a lift station with the ability to accept future use without modifications.
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(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.
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
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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.
Section 7. Effective Date. This Ordinance shall take effect
immediately upon passage and adoption.
Passed and adopted this 22nd :d y of January, 2018.
Attest: City ��City Commission of th City of
Sanford, Florida
Cynthib Porfer, City Clerk ` k Jeff Triplett, Mayor
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
IliaL. Colbert, City ttorne
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