HomeMy WebLinkAbout4495 Annex 3032 E. Lk Mary Blvd., Fastenal Co.Ordinance No. 2019-4495
rl An ordinance of the City of Sanford, Florida, annexing by voluntary
' petition certain real property (Tax identification Parcel Numbers 03-
20 -31 -BAY -0000-0370, 03-20-31-5AY-0000-0376, 03-20-31-5AY-0000-
0360, 03-20-31-5AY-0000-036A , 03-20-31-5AY-0000-061 B and 03-20-
31-5AY-0000-0590 (generally addressed as 3032 East Lake Mary
Boulevard) located contiguous to the City of Sanford together with
associated right-of-way and lakes' bottoms in accordance with the
voluntary annexation provisions of Section 171.044, Florida Statutes;
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, the following are the fee simple title owners of the real property
being described by the Tax Identification Parcel Numbers:
Tax Identification Parcel Numbers Owners
03-20-31-5AY-0000-0370,
03-20-31-5AY-0000-037B,
03-20-31-5AY-0000-0360, and
03-20-31-5AY-0000-036A
03-20-31-5AY-0000-061 B and
03-20-31-5AY-0000-0590
; and
Fastenal Company
Airsan Investments, LLC
Whereas, above stated property owners applied for annexation of property
into the municipal limits of the City of Sanford pursuant to Section 171.044, Florida
Statutes; and
Whereas, the subject property is approximately 33.95 acres in size and is
generally addressed as 3032 East Lake Mary Boulevard; and
Whereas, City staff and the Development Review Team (on February 19,
I Page
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2019026167 Bk:9314 Page:389-395 (713gs)
REC: 03/13/2019 9:29:04 AM by hdevore
RECORDING FEES $61.00
2019) 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
Whereas, the subject property is located within Planning Sub Area 4 of the
2015 Sanford/Seminole County Joint Planning Agreement (JPA); 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 relative to
annexation; 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"
2Page
shows, describes and depicts the property which is 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
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 Numbers set forth above and
being specifically described as set forth below, together with all abutting right-of-way of
Marquette Avenue and Sipes Avenue and all East Lake Mary Boulevard right-of-way
running North and East of the intersection of Sipes Avenue and East Lake Mary
Boulevard to the intersection of East Lake Mary Boulevard and East State Road 46 to
the extent not within the City Limits of the City, said property being situated in Seminole
County, Florida:
(See Exhibit "A" (map) which contains legal descriptions of the property).
, 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 to the annexed property. The
property owners of the annexed property fully understands that the property owners and
the transferees and assigns of the property owners 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. Future development shall meet all utility code requirements for a lift
station with the ability to accept future use without modifications. The property owners
intend to develop the annexed property for industrial purposes. Lands annexed near or
adjacent to the airport shall be assigned land use designations compatible with the
Airport Master Plan and in a manner consistent with the JPA.
(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 "
3Page
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 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.
4 1 P a g e
Section 7. Effective Date. This Ordinance shall take effect immediately
upon passage and adoption.
Passed and adopted this 11th day of March, 2019.
Attest. City Commission
Sanford, Florida
Traci Houchin, CMC, FCRM, City Clerk filet
lb
For use and reliance of the Sanford ok
City Commission only. ��, t
Approved as to form and legality. v
lWilliam L. Colbert, City Attorney
5Page
the City of
EXHIBIT "A"
---------------------
�4pr.�.la111��td�=�T ■
2' •
1 '
►41_QUEST
�W 11. •
PROPERTY-•• OWNER PROPERTYADDRESS-•- •
1 1 ' 11111 1 1 . II, . CO VACANT
. I .18.12
1 / C 1111 IGFASTENAL CO • 1 •
1 1 ' 1111 1 •i
AIRSAN INVESTMENTS LLC VACANT• • i 4;
1 1 1111 i•AIRSANVACANT • 1 •
Exhibit "B"
Map ID
Parcel #
Legal Description
LOTS 37 & 38 (LESS N 322 FT
1
03-20-31-5AY-0000-0370
OF W 118 FT OF LOT 37)SANFORD
CELERY DELTA
PB 1 PGS 75 & 76
S 96 FT OF N 322 FT OF W 118
2
03-20-31-5AY-0000-037B
FT OF LOT 37 (LESS RD)
SANFORD CELERY DELTA
PB 1 PGS 75 & 76
E 1/2 OF LOT 36 (LESS W 10 FT
& RD & BEG SW COR LOT 35 RUN
N 634.86 FT E 20.50 FT S 634.91
3
03-20-31-5AY-0000-036A
FT
W 19 FT TO BEG)
SANFORD CELERY DELTA
PB 1 PGS 75 & 76
THAT PT OF W 1/2 OF LOT 61
LYING N OF E LAKE MARY BLVD
4
03-20-31-5AY-0000-061B
(LESS RD)
SANFORD CELERY DELTA
PB 1 PGS 75 & 76
PT OF LOTS 59 & 60 DESC AS
BEG NE COR LOT 59 RUN S TO
NLY R/W E LAKE MARY BLVD
SWLY ALG CURVE TO A PT ON
5
03-20-31-5AY-0000-0590
S LI OF LOT 60 W TO ELY R/W
SIPES AVE N TO A PT W OF BEG
E TO BEG (LESS RDS)
SANFORD CELERY DELTA
PB 1 PGS 75 & 76