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Ordinance No. 2009 -4201
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An Ordinance of the City of Sanford, Florida, annexing a parcel of
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real property and totaling approximately 14.15 acres (Subdivision of
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Tusca Place North, as recorded in Plat Book 72, Pages 69 and 70 of
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the Public Records of Seminole County, Florida) owned or previously
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owned by Miro, Inc. by voluntary petition (a list of Tax Parcel
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Identification Numbers is set forth in this Ordinance) and which
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properties are located contiguous to the City of Sanford and are
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subject to the covenants made in a petition for annexation; providing
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for annexation in accordance with the voluntary annexation
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provisions of Section 171.044, Florida Statutes; redefining the
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boundaries of the City of Sanford to include said properties which
are generally located at 2351 Celery Avenue; providing for findings;
providing conditions; directing the City Clerk to record the ordinance
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with the Clerk of the Circuit Court, with the chief administrative
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officer of Seminole County and with the Department of State;
providing for legal descriptions and a map; repealing all ordinances
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in conflict herewith; providing for severability; providing for non -
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codification and the taking of administrative actions and providing
for an effective date.
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Naushik Hooda, President and registered agent for Miro, Inc., applied
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for annexation of properties generally known as a forty -five (45) single family residential
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lot subdivision referred to as Tusca Place North, which was previously approved for City
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of Sanford water service, into the City of Sanford, and is hereby determined to be (or
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have been) the fee simple title owner of the parcels of real property identified herein at
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the appropriate time said parcels being mapped in Exhibit "A" attached hereto; and
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Whereas, the said applicant petitioned the City of Sanford, pursuant to Section
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171.044, Florida Statutes, for annexation of said properties into the municipal limits of
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the City of Sanford; and
Whereas, the annexation petition is recorded in the Official Records of Seminole
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County (Official Records Book 5265, Pages 588 through 590) which annexation petition
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is binding on all successor title holders of the subject property in accordance with the
provisions of controlling law; and
Whereas, the applicant is or was, at the appropriate time, the fee simple title
owner of all of said properties being described by Tax Parcel Identification Numbers as
follows and the covenants made in the petition for annexation run with and burden said
properties:
Parcel Information
Tax Parcel Number
(At time of Petition): 32- 19 -31- 300 - 0140 -0000.
Tax Parcel Numbers
(Current Range): 32- 19 -31- 520 - 0000 -0010 through 32-19-31- 520 -0000-
0450; 32- 19 -31- 520 -OA00 -0000 through 32-19-31 -
520 -OJ00 -0000; 32- 19 -31- 520 -OJ00 -0000.
and being further depicted in Exhibit "A" attached hereto and made a part hereof by this
reference said parcels being legally described as follows:
The West 3/ of the North ' / 2 of the Northwest '/ of the Northeast '/, in
Section 32, Township 19 South, Range 31 East, Seminole County, Florida.
(Subdivision of Tusca Place North, as recorded in Plat Book 72, Pages 69
and 70 of the Public Records of Seminole County, Florida).
; and
Whereas, the real properties aforedescribed are deemed to be adjacent
properties to the City of Sanford for the purposes of this Ordinance; and
Whereas, City staff has reviewed and subsequently recommended approval of
the annexation of said properties 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 City Commission has determined that all of the properties which
are proposed to be annexed into the City of Sanford are within an unincorporated area
of Seminole County, are reasonably compact and contiguous to the corporate areas of
Ordinance No. 2009 -4201
Page 2 of 5
the City of Sanford, Florida and it is further determined that the annexation of said
properties will not result in the creation of any enclave, and it is further determined that
the properties otherwise fully comply with the requirements of State law for annexation
to the City of Sanford, Florida; 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 in accordance with controlling real property law relating to covenants which run with
the land by touching, burdening and concerning said lands; 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 properties aforedescribed; and
Whereas, the map attached hereto as Exhibit "A" is made a part hereof and
incorporated herein by this reference, and the legal descriptions specifically identified
herein, fully and adequately describes and depicts the properties which are hereby
annexed into the City of Sanford.
Now, Therefore, Be It Ordained by the City Commission 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" of this Ordinance are
hereby adopted as legislative findings of the City Commission of the City of Sanford.
(b). The City staff report and City Commission agenda memorandum relating
to the annexation action taken herein are also adopted as legislative findings of the City
Commission of the City of Sanford.
(c). The descriptions of the properties annexed pursuant to the provisions of
Ordinance No. 2009 -4201
Page 3 of 5
this Ordinance as set forth in the above recitals are hereby incorporated into this
Section all of said properties being situated in Seminole County, Florida. Said properties
are further identified in the map attached as Exhibit "A" to this Ordinance which is made
a part hereof by this reference.
(d). All of said properties are 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.
Section 2. Effect of Annexation. Upon this Ordinance becoming effective, the
property owner of the said properties 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. The enactment of this Ordinance, and the implementing actions
relating to the annexation as set forth herein, does not ensure the property that utility
services are available within the Utility Services area of the City except as accomplished
by actions taken prior to the annexation set forth in this Ordinance. All utilities must be
provided by the property owner at its sole costs and expense using an available source
acceptable to the City.
Section 3. Administrative Actions. 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) and with the Florida Department of State.
Section 4. Conflicts. All ordinances or part of ordinances in conflict with this
Ordinance are hereby repealed.
Ordinance No. 2009 -4201
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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, and the City
Manager, or designee, is hereby directed to take any and all appropriate actions relative
to land use planning 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 25 day of January, 2010.
Attest:
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City Commission of the City of
Sanford, Florida ,
For use and reliance of the Sanford
City Commission only.
Approved as to form and lenality.
Nimam L. 000ert
;i y Attorney
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WINE,
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Ordinance No. 2009 -4201
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