4366 Annex 1199 Upsala Rd Armstrong Dev Ordinance No. 2016-4366
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 28-19-
30-506-0000-029A addressed as 1199 Upsala Road) 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, Armstrong Developments, 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
1.0 Whereas, the subject property is approximately 0.97 acre in size and is
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MO addressed at 1199 Upsala Road; and
4.4
0 Whereas, the applicant is the fee simple title owner of all of said property being
U described by Tax Identification Parcel Number as follows:
4
Q Tax Identification Parcel Number Owner
U
U 28-19-30-506-0000-029A Armstrong Developments, LLC
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4.1
and
Whereas, City staff and the Development Review Team (on January 5, 2016)
have reviewed and recommended approval of the annexation of said property to the
o 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
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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 said land; that is the right-of-way of Smith Canal Road to the extent not
currently annexed; such rights-of-ways not currently being 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:
The North 208.66 feet of the West 208.67 feet of Lot 29, SMITH'S THIRD
SUBDIVISION, as recorded at Plat Book 1, Page 86 of the Public Records
of Seminole County, Florida. (See Exhibit"A").
(c). Potable water, reclaimed and sewer is available to the property. Sewer
service would be through a force main. The property owner is responsible for extending
any required utilities to the property at its cost. 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 other 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.
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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 6. Severabillity. 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.
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Section 7. Effective Date. This Ordinance shall take effect immediately upon
passage and adoption.
Passed and adopted this 8th day of February, 2016.
Attest City Cornmissioh of the City of
Sanford, Florida
Cynthia Porter, City Clerk Jeff Triple yo
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
William L. Colbert, City Attorney
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EXHIBIT"A"
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LEGAL DESCRIPTION:
N 208.66 Ft of W 208.67 Ft of LOT 29
SMITHS 3RD SUBDIVISION PB 1
PG 86
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PROPERTY I.D.# PROPERTY OWNER PROPERTY ADDRESS PROPERTY ZONING ACRES
COUNTY CITY
28-19-30-506-0000-029A ARMSTRONG 1199 UPSALA RD A-1 AG 0.97
DEVELOPMENTS LLC