4397 Annex 4021 Church St - Ron Devlen I'll' 11HI MINE I
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Ordinance No. 2017-4397L E R K S 2 0 17 0 170 0 1
An ordinance of the City of Sanford, Florida, a6h
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petition certain real property (Tax identification Parcel Number 21-19-
30-506-0000-0040 generally addressed as 4021 Church Street
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 and canal; 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
C3 providing for an effective date.
Whereas, Ronald D. DevIen and Kimberly J. DevIen, applied for annexation
of property into the City of Sanford and are hereby determined to be the fee simple title
owners of the real property described below; and
Whereas, the said applicants petitioned the City of Sanford, pursuant to
o Section 171.044, Florida Statutes, for annexation of said property into the municipal
limits of the City of Sanford; and
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r. Whereas, the subject property is approximately 1.43 acres in size and
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generally addressed as 4021 Church Street; and
Whereas, the applicants are the fee simple title owners of all of said property
being described by Tax Identification Parcel Number as follows:
Tax Identification Parcel Number Owners
21-19-30-505-0000-0040 Ronald D. Devien and Kimberly J. DevIen
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and
Whereas, City staff and the Development Review Team (on January 10,
2017) 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
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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.
Now, Therefore, be it Enacted By the People of the City Of Sanford, Florida,
as follows:
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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
parcels of land assigned the Tax Identification Parcel Numbers set forth above and
being specifically described as set forth below, together with all Church Street right-of-
way running eastward and abutting the City Limits of the City all of said rights-of-way-to
the extent not currently annexed into the City Limits of the City and such rights-of-ways
not currently being located within the City Limits of the City together with the abutting
canal to the entire extent that it may exist abutting the City Limits of the City, in
association with the following property being situated in Seminole County, Florida:
Lot 4 (Less East 200 feet) and all that part of Lot 3 East of canal, MANNS
SUBDIVISION AMENDED PLAT, as recorded at Plat Book 6 Page 89, of
the Public Records of Seminole County, Florida. (See Exhibit "A").
,and all of said property and rights-of-way and canal are hereby annexed into and are
hereby made a part of the City of Sanford, Florida pursuant to the provisions of Section
171.044, Florida Statutes.
(c). The property owners of the annexed property fully understand 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 owners. That being said, on December 20, 2016
the property owners, petitioned for emergency water service due to the existing well on
property no longer being operable as a result of the presence of excessive shell
fragments. Water service is available, but sewer service is not available. The Utility
Department recommended water service for the property on December 20, 2016 in
accordance with the provisions of City Resolution Number 2008-2105 which provides
that all requests for emergency water service may be considered and approved by the
City Manager, or designee, upon receipt of the required fully execute Petition for
Annexation and proof of hardship/health complication to the satisfaction of the City
Manager or designee. The property owners shall be responsible for all impact and
connection fees associated with obtaining water service from the City.
(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
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in this Ordinance and all previously annexed properties.
Section 2. Effect of Annexation. Upon this Ordinance becoming effective, the
property owners of the said property 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.
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 withinincorporated
management staff, shall
ensure that the property annexed by this Ordinance is 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. 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. 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 13th day of February, 2017.
Attest. '54 ity Commission of the City of
#nford, Florida
v Le, f t
Cy is Porter, City Clerk JeffrTriplett, Mayo
For use and reliance of the Sanl
City Commission only. "
Approved as to form and legality.
illiam L. Colbert, City Attorney
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EXHIBIT "A"
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LEGAL DESCRIPTION:
LOT 4 (LESS E 200 FT) &That Part of
Lot 3 E of C/L CANAL (Less N 15 Ft
'` . ;.. for Rd) AMENDED PLAT MANNS
SUBDIVISION Plat Book 6 PG 89
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PROPERTY I.D.# PROPERTY OWNER PROPERTY ADDRESS PROPERTY ZONING ACRES
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21-19-30-505-0000-0040 RONALD& KIMBERLY 4021 CHURCH STREET PD PD 1.43
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