4507 Annex 1555 Pine Way Safari & DieskaOrdinance No. 2019-4507
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Numbers 17-
20-31-5AZ-0000-017A 17-20-31-5AZ-0000-0180 and 17-20-31-5AZ-
0000-0200 (generally addressed as 1555 Pine Way) located
contiguous to the City of Sanford together with associated right-of-
way within the area of the annexed property in accordance with the
voluntary annexation provisions of Section 171.044, Florida Statutes;
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, the following are the fee simple title owners of the real property
being described by the Tax Identification Parcel Number(s):
Tax Identification Parcel Number(s) Owner
17-20-31-5AZ-0000-0 1 7A
MMS
17-20-31-5AZ-0000-0180 and
17-20-31-5AZ-0000-0200
EM
Safari Investments LLC
David E. Dieska
Whereas, above stated property owners applied for annexation of property
into the municipal limits of the City of Sanford pursuant to Section 171.044, Florida
Statutes; and
Whereas, the subject property is approximately 17.93 acres in size and is
generally addressed as 1555 Pine Way and is located on the north side of Pine Way
east of Bloom Lane; and
Whereas, the subject property is located within Sub Area 5 of the Seminole
County/City of Sanford Joint Planning Agreement (JPA) and new residential
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development in Sub Area 5 is restricted to 1 dwelling unit per acre or less; and
Whereas, City staff and the Development Review Team (on April 30, 2019)
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 relative to
annexation; 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:
; and
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.
Whereas, the map and the legal description attached hereto as Exhibit "A"
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shows, describes and depicts the property which is 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 following
parcels of land assigned the Tax Identification Parcel Numbers set forth above and
being specifically described as set forth below, together with all right-of-way of Pine
Way, Bloom Street and Palm Way to the extent such rights-of-way are not currently
located within the City Limits of the City and abut the City Limits of the City in any
respect, said property being situated in Seminole County, Florida:
Lot 17 plat of PALM HAMMOCK, according to the plat thereof as recorded
in Plat Book 1, Page 104, of the Public Records of Seminole County,
Florida;
Lot 18 (Less Northerly 271.85 feet of the East 1/2, plat of PALM
HAMMOCK, according to the plat thereof as recorded in Plat Book 1,
Page 104, of the Public Records of Seminole County, Florida;
Me
The North 1/2 of Lot 20, plat of PALM HAMMOCK, according to the plat
thereof as recorded in Plat Book 1, Page 104, of the Public Records of
Seminole County, Florida.
(See Exhibit "A" (map) which contains legal descriptions of the property -
Tax Identification Parcel Numbers 17-20-31-5AZ-0000-017A 17-20-31-
5AZ-0000-0180 and 17-20-31-5AZ-0000-0200).
, and all of said property is 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). There is no City water or sewer available on or from Pine Way. The
closest water main for water service and the closest gravity main for sewer service are
31 Pa
located 1,700 feet to the west at Bakers Crossing. The property owners shall be
responsible for all impact and connection fees associated with obtaining utility services
from the City to the annexed property. The property owners of the annexed property
fully understands that the property owners and the transferees and assigns of the
property owners 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 the
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.
Future development shall meet all utility code requirements for a lift station with the
ability to accept future use without modifications. The property owners are requesting
annexation of the annexed property to use the properties for a stormwater pond for use
associated with a single family residential subdivision.
(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 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 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
41 7
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EXHIBIT "A"
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PACEL 1 LEGAL DESCRIPTION: PARCEL 2 LEGAL •
i ( LESS S 17 Ft more
PA
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..HAMMOCK, according to _ _
ss as stipulated in FJ ORB 6051
plat thereof as recorded in Plat Book 1, PG 620) PALM HAMMOCK, according
_•- 104, of - public recordsof • the plat thereof- • •-• in • _
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PARCEL 3 LEGAL DESCRIPTION:
Lot 17 (LESS E 150 Ft & W 50 Ft for
Road & N 25 Ft for Road) PALM
HAMMOCK, according to the plat
thereof as recorded in Plat Book 1,
Page 104, of the public records of
Seminole County, Florida.
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PROPERTY I.D.#
PROPERTY OWNER
PROPERTY ADDRESS
PROPERTY ZONING
ACRES
COUNTY
CITY
1
17-20-31-5AZ-0000-0180
DAVID E. DIESKA
VACANT- PINE WAY
A-1
AG
7.26
2
17-20-31-5AZ-0000-0200
DAVID E. DIESKA
VACANT- PINE WAY
A-1
AG
4.39
3
17-20-31-5AZ-0000-017A
SAFARI INVESTMENTS LLC
VACANT- PINE WAY
A-1
AG
6.28
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
annexed pursuant to this Ordinance. Also, all maps of the City shall be modified to
address this annexation and all previous annexations.
Section 7. Effective Date. This Ordinance shall take effect immediately
upon passage and adoption.
Attest:
Passed and adopted this 24th day of June, 2019.
City Commission the City of
Sanford, Florid.3
C�
Traci chin, CMC, FtRM, City Cler Jeff Tripl
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For use and reliance of XAUfor'd'
City Commission only. ��110
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