HomeMy WebLinkAbout4494 Annex 1980 Recreation Point, Wm. & Suzanne WhiteOrdinance No. 2019-4494
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 07-20-
31-5QK-0000-0030 generally addressed as 1980 Recreation Point)
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 Number as follows:
Tax Identification Parcel Number Owners
07-20-31-5QK-0000-0030 William W. White Jr. and
Suzanne D. White
; and
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 2.16 acres in size and is
generally addressed as 1980 Recreation Point; and
Whereas, City staff and the Development Review Team (on February 12,
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 Sub -Area 6 of the 2015
Sanford/Seminole County Joint Planning Agreement; and
CLERK OF CIRCUIT COURT &COMPTROLLER
1( P a a e CFN# 2019026166 Bk:9314 Page:383-388 (613gs)
REC: 03/13/2019 9:29:03 AM by hdevore
RECORDING FEES $62.50
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"
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:
21 Page
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 Number set forth above and being
specifically described as set forth below, together with all Recreation Point right-of-way
and all of the lake bottoms of Lake Onoro and Silver Lake, 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). There is no central sewer service available to the annexed property. A
septic system will require permitting through the Seminole County Health Department.
Water service can be provided by the City from Upsala Road at the cost of the property
owners by installing utility lines in accordance with the requirements of the City's utility
manual. 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 one single family resident on 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 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.
3 1 P a a e
Section 2. Effect of Annexation. Upon this Ordinance
effective, the property owner of the said property shall be entitled to all the
privileges and immunities as are from time -to -time granted
City of Sanford, Florida as further provided in Chapter 171,
further be subject to the responsibilities of ownership as
determined by the governing authority of the City of Sanford,
of said Chapter 171, Florida Statutes.
Section 3. Administrative Actions.
becoming
rights and
to property owners of the
Florida Statutes, and shall
may from time -to -time be
Florida and the provisions
(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.
41 Page
Section 7. Effective Date. This Ordinance shall take effect immediately
upon passage and adoption.
Passed and adopted this 11th day of March, 2019.
Attest.
O GSC'-� 00-1
Traci Houchin, CIVIC, FCRM, City Clerk
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
William L. Colbert, City Attorney
51 Page
City Commis io f the City of
Sanford, Flor-7-a
.70
.ZST. 1!.I;o
EXHIBIT "A"
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PROPERTY I.D.# I PROPERTY OWNER
I07-20-31-5QK-0000-00301 WILLIAM W. JR &
SUZANNE D. WHITE
PROPERTY ADDRESS PROZOACRES
CITY
1980 RECREATION PT I R-1AA I SR-1AA 1 2.14