Loading...
4438 Annex Rinehart Partners 8.61 AcresOrdinance No. 2018-4438 Whereas, the subject property is generally located at the interchange of State Road 417/"Greenway" and Rinehart Road (ramp located at the northeastern most area of the interchange); and Whereas, the fee simple title owner of all of said property is the State of Florida, Florida Department of Transportation, Turnpike Enterprise (FDOT)'; and Whereas, the FDOT has entered a contract for purchase and sale of the subject property with Rinehart Partners, LLC and has no objection to the subject property being annexed into the City Limits of the City; and Whereas, Rinehart Partners, LLC has applied for the subject property to be annexed into the City Limits of the City; 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 o 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, I I P a g e An ordinance of the City of Sanford, Florida, annexing certain real property totaling approximately 8.61 acres in size which is owned by the State of Florida generally located at the interchange of State Road 417/"Greenway" and Rinehart Road (ramp located at the northeasternmost area of the interchange), but described in an exhibit to this Ordinance, and located contiguous to the City of Sanford in accordance with the 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 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 an exhibit and 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, the subject property is generally located at the interchange of State Road 417/"Greenway" and Rinehart Road (ramp located at the northeastern most area of the interchange); and Whereas, the fee simple title owner of all of said property is the State of Florida, Florida Department of Transportation, Turnpike Enterprise (FDOT)'; and Whereas, the FDOT has entered a contract for purchase and sale of the subject property with Rinehart Partners, LLC and has no objection to the subject property being annexed into the City Limits of the City; and Whereas, Rinehart Partners, LLC has applied for the subject property to be annexed into the City Limits of the City; 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 o 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, I I P a g e 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 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 property described and depicted in Exhibit "A", together with all right-of-way abutting said property to the extent not currently annexed into the City Limits of the City in association with the following property being situated in Seminole County, Florida. 2 1 P a g e (c). The property described and depicted in Exhibit "A" and all associated 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. (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 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, taking into account that the subject property is owned by the State of Florida. 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 Seminol6,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 3 1 P a g e 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. I' Section 7. Effective Date. This Ordinance shall take effect immediately upon passage and adoption. Passed and adopted this 12th day of February, 2018. Attest: Cynthb Porter, pity Clerk For use and reliance of the Sanford City Commission only. Approved as to form and legality. 4 1 P a g e ,'City Attokiie� .1 City Commission of the City of Sanford, Florida I "I Jeff Triplett EXHIBIT "A" RECORD LEGAL DESCRIPTION (Prepared by Benchmark Surveying and Mapping, LLC.) A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 19 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY, FLORIDA, BEING A PORTION OF LOT 1, PINE LAKE GROVES, AS RECORDED IN PLAT BOOK 9, PAGE 27, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AS RECORDED OFFICIAL RECORD BOOK 4447, PAGE 1085, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOTS 1 AND 2, PINE LAKE GROVES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 27, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LYING IN THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 19 SOUTH, RANGE 30 EAST, AND THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 19 SOUTH, RANGE 30 EAST, AS RECORDED IN OFFICIAL RECORDS BOOK 1265, PAGE 1570, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LESS THAT PORTION LYING IN RINEHART ROAD ( 140 -FOOT RIGHT-OF-WAY), AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION NO. 77160-2441, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID SECTION 33, TOWNSHIP 19 SOUTH, RANGE 30 EAST, (A 5" CONCRETE MONUMENT AS NOW EXISTS), RUN THENCE NORTH 89'52'39" EAST ALONG THE NORTH LINE OF SAID SECTION 33 A DISTANCE OF 1318.88 FEET TO A POINT ON THE EAST LINE OF SAID PINE LAKE GROVES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 27, PUBLIC RECORDS 1 f , 1 1 OF SEMINOLE COUNTY, FLORIDA; THENCE SOUTH 00°25'04" WEST ALONG THE EAST LINE THEREOF 30.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1 FOR THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE EAST LINE OF SAID LOT 1 SOUTH 00°25'04" WEST 487.21 FEET TO A POINT ON THE NORTHERLY EXISTING LIMITED ACCESS RIGHT OF WAY LINE OF STATE ROAD 417 (PARCEL 320 PART C) AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 77160- 2441; THENCE NORTH 62°49'00" WEST ALONG SAID RIGHT OF WAY LINE 450.59 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 825.20 FEET, A CENTRAL ANGLE OF 27010'59" AND A CHORD BEARING OF NORTH 76°24'30" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT OF WAY LINE 391.50 FEET FOR THE END OF SAID CURVE; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE SOUTH 90000'00" WEST 530.45 FEET TO A POINT ON THE EAST LINE OF SAID RINEHART ROAD, BEING A POINT ON A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 2616.47 FEET, A CENTRAL ANGLE OF 04°06'35" AND A CHORD BEARING OF NORTH 02043'16" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND SAID EAST LINE OF RINEHART ROAD 187.67 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1; THENCE, DEPARTING SAID EAST LINE OF RINEHART ROAD, NORTH 89052'39" EAST ALONG SAID NORTH LINE OF LOT 1 A DISTANCE OF 1302.90 FEET TO THE POINT OF BEGINNING. CONTAINING 7.718 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS OF RECORD. RESERVING UNTO THE GRANTOR ALL RIGHTS OF INGRESS, EGRESS, LIGHT, AIR 5Page AND VIEW ALONG THE AFOREDESCRIBED NORTHERLY LIMITED ACCESS RIGHT OF WAY LINE OF STATE ROAD 417 AND THE EAST RIGHT OF WAY LINE OF RINEHART ROAD. THE RINEHART COMMONS WESTSIDE INDUSTRY AND COMMERCE (WIC) PLANNED DEVELOPMENT ANNEXATION PETITION ALSO INCLUDES: THAT PORTION OF WILSON AVENUE (30.00 WIDE PUBLIC RIGHT OF WAY) OF PINE LAKE GROVES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 27, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LYING NORTH OF LOT 1 OF PINE LAKE GROVES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 27, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND LYING EAST OF THE EAST RIGHT OF WAY LINE OF RINEHART ROAD. BEING IN THE NORTHWEST 1%4 OF SECTION 33, TOWNSHIP 19 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY, FLORIDA. CONTAINING 0.897 ACRES, MORE OR LESS. Total acreage is 8.61. 6 1 P a g e