3547ORDINANCE NO. 3547
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY
OF SAN FORD, UPON ADOPTION OF SAID ORDINANCE, A
1.13 ACRE PORTION OF THAT CERTAIN PROPERTY
LYING BETWEEN STATE ROAD 46 AND SMITH CANAL
ROAD AND BETWEEN ELDER ROAD SOUTH AND UPSALA
ROAD; IN ACCORDANCE WITH THE VOLUNTARY
ANNEXATION PROVISIONS OF SECTION 171.044,
FLORIDA STATUTES; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
WHEREAS, there has been filed with the City Clerk of the City of Sanford, Florida,
a petition containing the names of the property owners in the area described hereina~er
requesting annexation to the corporate area of the City of Sanford, Florida, and requesting
to be included therein; and
WHEREAS, the City staff having certified that there is one property owner in the
area to be annexed and that said property owner has signed the Petition for Annexation;
and
WHEREAS, it has been determined that the property described hereina~er is
reasonably compact and contiguous to the corporate areas of the City of Sanford, Florida,
and it has further been determined that the annexation of said property will not result in the
creation of any enclave; and
WHEREAS, the City of Sanford, Florida, is in a position to provide municipal
services to the property described herein, and that the City Commission of the City of
Sanford, Florida, deems it in the best interest of the City to accept said petition and to
annex said property.
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NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SAN FORD, FLORIDA:
SECTION 1: That the property described below, situated in Seminole County,
Florida, be and the same is hereby annexed to and made a part of the City of Sanford,
Florida, pursuant to the voluntary annexation provisions of Section 171.044, Florida
Statutes:'
SEE EXHIBIT "A" ATTACHED HERETO.
SECTION 2: That upon this Ordinance becoming effective, the property owner and
any residents on the property described herein shall be entitled to all the rights and
privileges and immunities as are from time to time granted to residents and 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 residence or 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: That this annexation is subject to the conditions provided for and
agreed to in the Development Order No. 00-0004.
SECTION 4: If any section or portion of a section of this Ordinance proves to be
invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect
of any other section or part of this Ordinance.
SECTION 5: That all Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby revoked.
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Ordinance No. 3547
SECTION 6: That this Ordinance shall become effective immediately upon its
passage and adoption.
PASSED AND ADOPTED this
ATTEST:
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day of ~ , A. D. 2000.
As the City Commission of the ~
City of Sanford, Florida ~
CERTIFICATE
I,' Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Ordinance No. 3547, PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on the/Ok/~ day of
~ ,2000, was posted at the front door of the City Hall in the City of
Sanford, Florida, on the day of ,2000.
I:\nah',~les\wlc\gg~sanford',ord\3547
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Ordinance No. 3547
DESCRIPTION: UPSALA ROAD AND STATE ROAD NO. 46 PROPERTY
LOT 8 (LESS TRE SOU'D{ 406 FEET AND EAST 150 FEET) AND NORTH 70 FEET OF SOUTH 476 FEET OF EAST 150 FEET OF SAID LOT
M.M. SRITH'S THIRD SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 86, PUBLIC RECORDS OF
SF24INOLE COUNTY, FLORIDA.
LESS:
COMM~CE AT M SOUTHEAST CORITER OF LOT 8, M.M. SM/TH'S 1]{IRD SUBDIVISION, ACCORDING TO ~ PLAT THEREOF AS RECORDED
IN PLAT BOOK 1, PAGE 86 OF I]{E PIIBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID SOU~T COP,~ LYING 15.00 FEET
WEST OF THE CKIRERLINE OF UPSALA ROAD; THENCE RUN NORTH ALONG THE EAST LINE OF SAID LOT 8 AND PARALLEL WITH SAID
CENTERLINE, A DISTANCE OF 476.00 FEET TO THE NORTH LINE OF TWR. SOUTH 476.00 FEET OF S~D IX)T 8; TB~NCE RUN N.89°57'
45" W. PARALLEL WITH THE SOUTH LINE OF SAID LOT 8, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING; TlfENCE CON-
TINUE N.89°57'45" W. 9.00 FEET; TI$CE RUN NORTH PARALLEL WITH TBE SAID EAST LINE OF IX)T 8, A DISTANCE OF 174.30
FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 46, SAID POINT LYING ON A CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 2834.93 FEET; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT-OF-WAY
LINE, 9.02 FEET, THROUGH A CENTRAL ANGLE OF 00'10'56", A CI{ORD BEARING OF S.86'09'37" E. AND A CHORD DISTA/qCE OF 9.02
FEET; TI{ENCE RUN SOUTH PARA;.I,~. WITH SAID EAST LINE OF LOT 8, A DISTANCE OF 173.70 FEET TO 114E POINT OF BEGINNING.
COMMENCINO AT THE SOUTHEAST CORNER OF LOT I. M.M. SMITH'S THIRD
.SUBDIVISION AS RECORDED IN PLAT BOOK I. PAOE 86 OF THE PUBLIC RECORDED
OF SEMINOLE COUNTY. FLORIDA: RUN N Ig°46'II'E TO THE CENTER LINE' OF
UPSALA ROAD: THENCE N 00'13'4~'1/ALONO SAID CENTER LINE. ,ll e.OO FEET:
THENCE S 8g'46'11'%/. 23.00 FEET FOR A POINT OF BEDINNING: THENCE CONTINUE
S 8g'46'll'!l. 151.OO FEET: THENCE N OO'13'4g"t,I . 113.14 FEET TO A POINT ON A
CURVE SAID POINT BEINO ON THE SOUTH RIOHT-OF-WAY OF HIOH~/AY · 46:
THENCE RUN SOUTHEAST ALONO THE ARC OF A CURVE t/FIlCH IS CONCAVE TO
THE SOUTHWEST. HAVING A RADIUS OF 2834.g3 FEET. A CENTRAL ANOLE OF
00'51'53.'. A CORD BEARING OF S 86°02"i2'E. A CORD LENOTH OF 42.81 FEET: RUN
ALONO THE ARC OF SAID CURVE. 42.81 FEET TO A POINT OF TANOENCY: THENCE
S 85':~6'111'E. OIl. IS FEET: THENCE S 45'IY4g'E. 10.51 FEET: THENCE S O0'13',lg'E.
40.DO FEET: THENCE N 8. g'46'lI-E. 2.00 FEET: THENCE S O0'13'4g-E. IIS.24 FEET TO
THE POINT OF BEOINNINO.
-;
PREPAKED BY: .. u/=<j~7 L, .~......,>5, .& <i - , == -.. = -- .= ' ,..',.;, .' j: ,. 'l,.';,'/"=- .::
"Steve: S. Swaggerry '. PSkL4f 3764'
CITY OF SANFORD DEVELOPMENT ORDER
No. 00-0004
LOT S (LKSS S 406 FT & ~ lS9 FT) & J0 FT OF S 476 FT OF ~ 159 FT OF LOT 8
M M S~THS 3~ SUBD PB 1 PG 86.
(The aforesaid legal desc~ption has been provided
to the City of Sanford by the o~er of the afore described prope~)
FINDINeS OF FACT
Property O~er: NORVIEW CO~
955 STONEWOOD LN
~ITL~D, FL 32751
Tax P~cel N~ber: 28-19-30-506-0000-0080
Project Name: GOODYE~
Requested Development Approval:
The development approval sou~t is consistent with ~e CiW of S~ford Comprehensive
PI~ ~d will be developed consistent ~th ~d in compliance to applicable l~d development
regulations ~d all other applicable regulations ~d ordin~ees.
The o~er of the prope~y has expressly a~eed to be bound by ~d subject to the
development condi~ons ~d co~itments stated below ~d has coyenvied ~d a~eed to have
such conditions ~d co~i~ents ~ with, follow ~d pe~etually b~den the afore described
property.
ORDER
NOW, THEREFORE, it is ORDERED AND AGREED THAT:
(1) The aforementioned application for development approval is GRANTED.
(2) All development shall fully comply with all of the codes and ordinances in effect
in the City of Sanford, Florida at the time of issuance of permits including all
impact fee ordinances.
Development Order 00-0004 , Page. 2
(3) The conditions upon this development approval and the commitment made as to
this development approval, all of which have been accepted by and agreed to by
the owner of the property are as follows:
a)
grants the Owner, Developer and/or the Property a variance to the 175 foot
building setback, which variance shall permit the construction of a
building within 145 feet of the centerline of State Road 46;
b)
grants the Owner, Developer and/or the Property a variance to the 20 foot
rear landscape buffer, which variance shall permit construction of a
parking lot within 5 feet of the rear property line;
c)
d)
grants Developer and Owner authorization to remove all existing trees ~
within areas proposed for improvements on the Property on the condition ~_.
that developer replant fifty five (55) 2.5-inch caliper trees (measured at 4.5 ~
feet above the ground), 10-12 foot in height with 4-5 foot spread shade
trees; and
agrees that the proposed project may be serviced by an on-site septic tank,
provided however that the Property shall be required to connect to a public
sanitary sewer system when lines for said system are within 100 feet of the
property's boundaries.
(4) This Development Order touches and concerns the afore described property and
the conditions, commitments and provisions of this Development Order shall perpetually burden,
run with and follow the said property and be a servitude upon and binding upon said property
unless released in whole or part by action of the City of Sanford by virtue of a document of equal
dignity herewith. The owner of the said property has expressly covenanted and agreed to this
provision and all other terms and provisions of this Development Order.
(5) The terms and provisions of this Order are not severable and in the event any
portion of this Order shall be found to be invalid or illegal then the entire order shall be null and
void.
Done and Ordered on the date first above.
City Commission at their meeting of
Development Order 00-0004 , Page 3__
OWNER'S CONSENT AND COVENANT
COMES NOW, NORVIEW CORP the owner(s) of the afore
described property in this Development Order, on behalf of itself and its heirs, successors,
assigns or transferees of any nature whatsoever and consents to, agrees with and covenants to
performa and fully abide by the provisions, terms, conditions and commitments set forth in this
Witness
William Segal, President
Norview Corp
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, personally appeared bC) ! / [I o, Ix ,,geqt~/
who is personally known to me or who has produced as
identification and who did take an oath.
T_N~S my hand and official seal in the Cou ' '
day of~hc~ , ,~&919. . .
//Notary Public, in and for the County and
State aforementioned.
F:\CITY_SHAXDevelopment Agreements\00-0004 - GOODYEAR-SITE
GABRIELA WILMAMS
My Commission CG569257
Expires Aug. 15, 2000