4308 annex SunRail Village c
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to Ordinance No. 2013-4308
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, M at Z. An ordinance of the City of Sanford, Florida, annexing by voluntary
LiJ cn petition certain real property (Tax identification Parcel Numbers 27-
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# W = 19-30-501-0000-0020 and 26-19-30-501-0000-0080) located contiguous
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w to the City of Sanford as well as any and all associated rights-of-way
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' in accordance with the voluntary annexation provisions of Section
EX A A A 171.044, Florida Statutes; redefining the boundaries of the City of
Sanford to include said property; providing for findings; providing
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s 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; 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.
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Whereas, Sun Rail Village, LLC applied for annexation of property into the City
of Sanford and it is hereby determined to be the fee simple title owner of the real
property described below; and
Whereas, the sole manager of Sun Rail Village, LLC is Mark Modarres; and
Whereas, the said applicant petitioned the City of Sanford, pursuant to Section
z 171.044, Florida Statutes, for annexation of said property into the municipal limits of the
City of Sanford which property consists of two parcels, totaling 0.91 acre, more or less,
and which parcels are addressed, respectively, at 2721 W. 1St Street and 2601 W. 2nd
0 Street; and
Whereas, the applicant is the fee simple title owner of all of said property being
0 described by Tax Identification Parcel Numbers as follows:
U
Tax Identification Parcel Number Owner
27-19-30-501-0000-0020 Sun Rail Village, LLC
26-19-30-501-0000-0080 Sun Rail Village, LLC
; and
Whereas, City staff and the Development Review Team (on October 22, 2013)
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
0
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
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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, fills in an existing enclave-type area), and it is
further determined that the property otherwise fully complies with the requirements of
State law; 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.
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 any and all associated abutting
rights-of-way for West 1st Street, West 2nd Street, West Airport Boulevard, Belle Avenue
and Brown Avenue which is not currently located within the City Limits of the City, as
depicted in the Exhibit to this Ordinance said property being situated in Seminole
County, Florida, and said property is hereby annexed into and are hereby made a part
of the City of Sanford, Florida pursuant to the voluntary annexation provisions of Section
171.044, Florida Statutes:
See Exhibit "A"
(c). Water utility services are available to the property that is being annexed by
means of this Ordinance, but sewer utility services are not available, and the property
owner of the annexed property fully understands that all of the costs of routing all utility
services to the annexed property and the obligation to pay any and all applicable fees in
any way relating to connection to the City's utility systems will be borne totally by the
property owner including, but not limited to installation of a lift station and routing of a
City-approved force main down Brown Avenue to a manhole located on 5th Street.
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 owner 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 seven (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.
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.
Section 7. Effective Date. This Ordinance shall take effect immediately upon
passage and adoption.
Passed and adopted this 9TH day of December, 2013.
Attest: oc 13 4 P City Commission of the City of
anford, Florida
QA.`'`
eiS4 >'frttk g'd 4A O �4: .1 lk
Cynthia Porter, City Clerk 0� v. ' ._, is J:- ` Triplett, Mayor
For use and reliance of the Santorg"- *` #� i
City Commission only.
Approved as to form and legality.
._ 2%/��
William L. Colbert, City Attorney
EXHIBIT "A"
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, PARCEL 1 LEGAL DESCRIPTION: -- S 46.40 Ft of Lots 2 & 13 WALTER
SUBDIVISION, according to the plat
NARCISSUS AV thereof as recorded in Plat Book 10, —
Page 13 of the public records of
� Seminole County, Florida. —
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11 11 1111 1r
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o PARCEL 2 LEGAL DESCRIPTION: '/ / 1/ >
} Lots 8 & 9, PALM PLACE SUBDIVISION, '��/, j
according to the plat thereof as recorded 0 ,1 I I I I I
z in Plat Book 10, Page 65 of the public
g records of Seminole County, Florida. ANNEXATION
REQUEST
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a PROPERTY I.D.# PROPERTY OWNER PROPERTY ADDRESS PROPERTY ZONING ACRES
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1 27-19-30-501-0000-0020 SUNRAIL VILLAGE LLC 2721 W 1ST STREET R-2 SR-1 0.28
2 26-19-30-501-0000-0080 SUNRAIL VILLAGE LLC 2601 W 2ND ST C-3 GC-2 0.63