Loading...
4334 annex 3250/3274 ELMBh N M a w , GO x a z 0 0 0 M 0 U aU U U 0 I~ c� 0 C U Qy,1 CQ N i., a An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real property (Tax identification Parcel Numbers 03- 20 -31 -5AY- 0000 -0420, 03 -20 -31 -5AY- 0000 -042A and 03- 20- 31 -5AY- 0000-042C) 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, Joseph Abel, on behalf of Seminole County, 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 applicants 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 6.22 acres in size and is addressed at 3250 and 3274 East Lake Mary Boulevard; 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 Numbers Owner 03 -20 -31 -5AY- 0000 -0420 Seminole County 03- 20- 31- 5AY - 0000 -042A Seminole County 03- 20- 31- 5AY - 0000 -042C Seminole County Whereas, the property being annexed is currently vacant, but is proposed to be used for parks and open space recreational uses and the property currently has been assigned by Seminole County the zoning classification of PLI, Public Lands and Institution, and a Future Land Use of HIPAP, High Intensity Planned Development – Airport, and thus, accordingly, upon annexation, the property will be proposed to be assigned the City zoning classification of PRO, Parks, Recreation and Open Space, and the equivalent Future Land Use designation of PRO, Parks, Recreation and Open Space, with the goal of assembling the governmentally -owned property into a normative and single regulatory jurisdiction that provides for requisite public services; and Whereas, City staff and the Development Review Team (on January 6, 2015) 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 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. P a } e EM 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: 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 all abutting right-of-way pertaining to East Lake Mary Boulevard if any such rights-of-ways are not 'currently located within the City Limits of the City, 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: 19.11 so-to]: aUi5 The North 264 feet of the West 1/2 of Lot 42; and FWART00M The East 1/2 of Lot 42 (Less the West 66 feet of the South 330 feet and the road); and PARCEL 3: The West 66 feet of the South 330 feet of the East 1/2 of Lot 42 (less the road); all the above relating to the SANFORD CELERY DELTA subdivision, as recorded at Plat Book 1, Pages 75 and 76, Public Records of Seminole County, Florida. (See Exhibit "A"). (c). The property owner of the annexed property fully understands that all of 3 1 P a - e the costs of routing and installing all utility services to the annexed property and the obligation to pay any and all applicable fees in any way relating to connection to, and provision of services by, the City's utility systems shall be borne totally by the property owner. (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 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 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 4 (P a } e 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 adoptedthis 23rd day of February, 2015. Attest: bo City Cornmissio, of the City of 8#nford, Florioa Cynthig Porter, City Clerk Jei Triplett, or For use and reliance of the Sanford City Commission only. Approved as to form and legality. ill'i'aim-U.-Colberf, City 'Attorney - g e EXHIBIT "A" ................ ---------- ......... 00 STATIO RD ........ ....... PARCEL 1 LEGAL DESCRIPTION: N 264 Ft of W 1/2 of Lot 42, SANFORD CELERY DELTA P13 I PGS 75 & 76 .......... . ... ..... ............ .. ................. ........... ......... PARCEL 2 LEGAL DESCRIPTION: .. ......... ...... ...... E1 /2 of Lot 42 { LESS W 66 Ft of S .... ...... ......... . 330 Ft & Rd) SANFORD CELERY ....... ..... ..... : : ..... ::::;:: ....... ..... DELTA PB I PGS 75 & 76 ... ... PARCEL 3 LEGAL DESCRIPTION: . ..... . . . W 66 Ft of S 330 Ft of E 112 of Lot 42 : : City:of.Sanford::::::: ............. ...... (LESS RD) SANFORD CELERY ......... ...... ........ ..... ..... _4 ............... . DELTA P13 I PGS 75 & 76 ....... ............... ......... ................ .................. ........ ... ................. ............. ....................... ..................... .......... ................... ......... ......... ................... .......... ............. .............. .............. ... ...... ............. .... ................. ..................... ........... I .......... ...... ........... ANNEXATION::::::::::: ..... .... ... . ..... .... ... REQUEST . . . . . . . . . . .. . .. . ....... ........ . ............. .................. . .......... ................. .......... ....... ......... . ............ ..................... .... ........... . ...... ........... ..... .... ::A ... ...... ............ ........ . ............ ........... I ..... .... ....... .. ... . . . . . . . . . . . . 77!7� E. LAKE MARY B ..... ... ...... - CL ........ .. ........... 7 a. *1 L 2 1 PROPERTY I.D.# PROPERTY OWNER PROPERTY ADDRESS PROPERTY ZONING ACRES COUNTY I CITY 1 03-20-31-5AY-0000-0420 3250 E. LAKE MARY BLVD PLI PRO 1.95 2 03-20-31-5AY-0000-042A SEMINOLE BCC 3280 LAKE MARY BLVD PLI PRO 3,82 3 03-20-31-5AY-0000-042C 3274 E. LAKE MARY BLVD PLI PRO 0.45