4347 Annex 208 E 28th St Case & Assoc PropertiesN
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Ordinance No. 2015 -4347
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Numbers 01-
20-30- 300 -0050 -0000 and 01- 20 -30- 300 -0080 -0000) 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, Case & Associated Properties, LLC 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 applicant 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, constituting 2 parcels, is approximately and
aggregate of 1.75 acres in size and is addressed at 208 East 28th Street; 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
01- 20 -30- 300- 0050 -0000
01- 20 -30- 300 - 0080 -0000
; and
Owner
Case & Associated Properties, LLC
Case & Associated Properties, LLC
Whereas, the property being annexed contains 2 parcels the first of which is
currently developed with a 2,413 square foot multi- family 2 unit building which was built
in 1924 and the second of which is the adjacent parcel to the east which is vacant and
undeveloped; and
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Whereas, City staff and the Development Review Team (on June 23, 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.
; and
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.
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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:
PARCEL 1:
The Northwest 1/4 of the Northeast 1/4 of the Northeast % of the Southeast 1/4
(less the North 80 feet of the East 227.4 feet plus the West 105 feet of the North
160 feet plus the street), being in Section 1, Township 20 South, Range 30 East;
and
The South 150 feet of the North 300 feet of the West 100 feet of the East 1/4 of
the North 1/4 of the Northeast 1/4 of the Southeast '/; being in Section 1,
Township 20 South, Range 30 East;
Together with all abutting right -of -way of and for East 28th Street and Magnolia
Avenue; all the above lands and real property being located in Seminole County,
Florida. (See Exhibit "A ").
(c). The property owner of the annexed property fully understands that all of
the costs of routing and installing all utility services to the annexed property that may
result and be incurred 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
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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 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
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annexed pursuant to this Ordinance.
Section 7. Effective Date. This Ordinance shall take effect immediately upon
passage and adoption.
Passed and adopted this 10th day of August, 2015.
Attest. City Commission of the City of
Sanford, Florida /'-'\
Cy is Porter, City Clerk Jeff Triplett,
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
i
W L. Colbert, City Attorney
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A CA
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EXHIBIT "A"
.................
PARCEL 1LEGAL :
SECTION U1 TOWNSHIP 2OSOUTH
RANGE 3O EAST NORTHWEST 1/4OF
NORTHEAST 1/4OF NORTHEAST 1/4
OF SOUTHEAST 1/4 (LESS NORTH 8O
FEET OF EAST 227.4 FEET + WEST 1O5
FEET {}F NORTH 1SD FEET +STREET)
PARCEL 2LEGAL :
SECTION O1 TOWNSHIP 3OSOUTH
RANGE 30 EAST SOUTH 15OFEET
OF NORTH 3UO FEET OFVVEST1DD
FEET OF EAST 1/4OF NORTH 1/4C)F
NORTHEAST 1/4OF SOUTHEAST 1/4
ANNEXATION
------------- ] I : :.
a. PROPERTY I.D.# PROPERTY OWNER PROPERTYADDRESS PROPERTYZONING ACRES
COUNTY CITY
1 01 -20-30-300-0050-0000 CASE &ASSOC 208 E. 28TH ST R-1 SR-1 1.41
2 01 -20-30-300-0080-0000 PROPERTIES LLC E. 28TH ST R-1 SR-1 0.34