4419 Annex 1811 Peach Ave, Thelma ShellingU1 13
Ordinance No. 2017-4419
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 35-19-
30-513-0800-0040 generally addressed as 1811 Peach Avenue 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, Thelma Shelling, 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 is approximately 0.18 acre in size and
generally addressed as 1811 Peach Avenue; 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 Number Owner
35-19-30-513-0800-0040 Thelma Shelling
; and
Whereas, City staff and the Development Review Team (on September 19,
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
Whereas, the City Commission, upon the recommendation of City staff and
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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.
M
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
parcel of land assigned the Tax Identification Parcel Number set forth above and being
specifically described as set forth below, together with all Peach Avenue right-of-way
abutting the property and that Peach Avenue right-of-way lying and running North and
South of the annexed property, together with the alley that is located to the rear of the
annexed property and located North and South of the annexed property the alley
running between the rear of Lots 1 through 7 and Lots 8 through 14 all of said rights -of -
being annexed in association with the following property being situated in Seminole
County, Florida:
Lots 4 and 5, Block 8 PINE LEVEL SUBDIVISION, according to the plat
thereof as recorded in Plat Book 6, Page 37, of the Public Records of
Seminole County, Florida. (See Exhibit "A").
, and all of said property and rights-of-way 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 owner shall be responsible for all impact and
connection fees associated with obtaining utility services from the City and to
extend such utility services to the property to the extent that such utilities are not
available. The property owner of the annexed property fully understands that she
and her transferees and assigns shall incur any and all of the costs of routing and
installing all utility services to the annexed property that may result and be
incurred as well as their obligation to pay any and all other applicable fees and
costs in any way relating to connection to, metering of, and provision of services
by, the City's utility systems.
(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
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 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 parte 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 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, 9th day pf October, 2017.
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Attest: "••`°� " City Commission of t4e City of
Sanford, Florida
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Cynthia Porter, City CIS "����rs����y Jeff Triplett, M
For use and reliance
City Commission only.
Approved as to form and legality.
William L. Colbert, City Attorney
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