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4700 Annexation 1.45 Acres - 4000 E. SR46 - Recorded OrdinanceU Ordinance No. 2022-4700 An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real property (Tax identification Parcel Number 33-19- 31-300-1350-0000) which is generally addressed as 4000 East State Route (SR) 46 located contiguous to the City of Sanford together with associated rights -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 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 fee simple title owners of the real property being annexed into the City are Lamar and Anna Corley, (collectively "Property Owner") and the subject real property has been assigned Tax Identification Parcel Number 33-19-31-300-1350-0000 by the Seminole County Property Appraiser; and Whereas, the subject real property (a site 1.45 acre in size) is located in an unincorporated area of Seminole County on the north side of East SR 46, between Cameron Avenue and East Lake Mary Boulevard and is addressed as 4000 West State Route 46; and Whereas, City staff 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 GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2022075459 Bk:10268 Pg:306-323(18Pgs) REC: 06/28/2022 3:48:08 PM by mjenkins RECORDING FEES $154.50 11Pa-e annexation it being specifically found and determined that the property being annexed does not leave any real property in unincorporated Seminole County totally enclosed within the City Limits of the City; 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 descriptions attached hereto as Exhibit "A" 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 Property. (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 parcel of land assigned the Tax Identification Parcel Number 33-19-31-300-1350-0000, together 2� with all rights -of -way of East SR 46 to the extent such right-of-way is not currently located within the City Limits of the City, said property being situated in Seminole County, Florida, 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). The property owner shall be responsible for all impact and connection fees associated with obtaining utility services from the City to serve the annexed property. The property owner of the annexed property fully understands that the property owner and the transferees and assigns of the property owner shall incur any and all of the costs of routing, extending, connecting, sizing 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 and system requirements as well as the requirements of controlling State law. The property owner shall be responsible for any and all costs and expenses relating to the routing any and all lines to the subject property and for providing any necessary facilities and equipment including, but not limited to, the granting of utility easements to the City as may be determined to be necessary by 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 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. The City has not waived any rights or remedies by taken the action set forth herein or by approving any successive development orders and reserves any and all rights and remedies available to the City under controlling law including, but not limited to, the protections under the laws pertaining to sovereign immunity. 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 a 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 property to include, but not be limited to, annexed rights - of -way and natural features. Also, in accordance with the provisions of Section 171.091, Florida Statutes, a copy of the document submitted to the Florida Department of State 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. 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. [SIGNATURES ON THE FOLLOWING PAGE] 41Pa;? Passed and adopted this 27th day of June 2022. Attest: Traci Houchin, MMC, FCRM City Clerk For use and reliance of the Sa*rON'' L City Commission only. Approved as to form and legality. 6VVilliam L. Colbert City Attorney City Commission of Sanford, FI ida, ' yor e City of 5 1 P a g e EXHIBIT "A" IM �� � mill. PROPERTY I.D.# I PROPERTY OWNER 33-19-31-300-1350-0000 ANNA K. & LAMAR CORLEY LEGAL DESCRIPTION: Section 33 Township 19S Range 31 E S 112 of SE 1/4 OF SE 1/4 of SE 1/4 (LESS W 3 ACRES & RD) PROPERTY ADDRESS VACANT SR 46 W CV PROPERTY ZONING I ACRES COUNTY I CITY C-1, A-1 I GC-2, AG 1 1.45 PETITION FOR ANNEXATION TO THE CITY OF SANFORD, SEMINOLE COUNTY, FLORIDA We, the undersigned, being the land owners of the territory hereinafter described, do hereby file this petition for annexation into the City of Sanford, Florida, in accordance with the Laws of Florida, the following described territory, to -wit: � e�cj -Desct-O o n "J 5e-0,33- WP )as OP SE '4 R sE_`I L , Ser 14 Cl� w 3 w-& -�- �� Patel 4- 3 -_;>� -19 —3 I - 3 DO - S 3 5m - 0000 IN WITNESS WHEREOF, I/we, the undersigned, property owner(s) in the above described area, affix my/our hand(s) the date stated by my/our respective name(s). Date Signature Address '51I-o S"Cj Ave- 2 4 01 / SE 04 �6��;$ ✓t'f 1 32I3 `t FILED IN THE OFFICE OF THE CITY CLERIC OF THE CITY OF SANFORD, FLORIDA, THIS fi DAY OF / \ Gib , 20 AT M. City Cler16 he 1 City of Sanford, Florida 2 1 " The undersigned expressly agrees that this Petition for Annexation to the City of Sanford shall be irrevocable by the undersigned and their heirs and assigns, and it shall be binding on any hereafter -acquired interest by or through the undersigned in the land described herein, it being the undersigned's intent that this Petition for Annexation shall be a restriction placed on the land described herein and shall be binding on all successor title holders of said land. Witness (es) as to owner (s) Owner (s) signature (s) STATE OF FLORIDA COUNTY OF SEMINOLE I hereby certify that on this day before me, an officer authorized in the State aforesaid and in the County aforesaid to take ac wledgments, personally appeared: STATE OF FLORIDA COUNTY OF SEMINOLE HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared 0 who is personally known to me or 93"- who produced &JI L7 as identificatio and acknowledged before me that s/he executed the same. Sworn and subscribed before me by by means of {l.hysical presence or { } online notarization and who is personally know by me on t e 74e day of , 20 22, the said person did take an oath and was first duly sworn by me, on oath, said rson, further, deposing and saying that s/he has read the foregoing and that the statements and allegations contained herein are true and correct. 311'aLc WITNESS my hand and official seal in the County and State last aforesaid this 2tp day of q1, ( , A. D. 20 Zz NENITAS. BLACK *: *_ Commiss # HH 2O8310 F)q3ugs IJGLCJI NIQt 23, LVGJ 41 P tg, (LsEA4(,2d— Notary Publi , State of Florida (Affix Notarial Seal) Printed Name: X&VJ 17-4 /�U4`t APPLICATION FOR ANNEXATION PLANNING AND DEVELOPMENT SERVICES DEPARTMENT CITY OF SANFORD Date of Application: /O 1 I 26 ; 2 o ;z Name of Property Owner (s): Z 4�.,w le Physical Address of Property to be Annexed: Y �. ci.�� ,5 - �lacrr ► J0+ Map Attached ( ) YES ( x) NO (Utilities too Utilitietoone be shown) AT TIME OF APPLICATION FOR ANNEXATION County Zoning of Property: Corresponding City Zoning: 4(2 a Proposed City Zoning District: '& US e: Present Use of Property: �II(x Number of Living Units on Property: 1) Number of People Living on Property: to A - Intended Use of Property: C,nv11'l'1PXC.tw` Signature of Property Owner or Authorized Applicant 51 P ;I _ When: 0(011 AAF )2-6-'- 5�- Mailing Address 'Fr+ M cQ(sj/ T:� 1 32 15,4 oaf ) .�E(Q - Ilog Telephone Number INTERGOVERNMENTAL PLANNING COORDINATION AGREEMENT OF 1997 NOTICE OF RECEIPT OF APPLICATIONS FOR PROPOSED PLANNING ACTION NOTICE PROVIDED TO: 0 Seminole County 0 Altamonte Springs 0 Casselberry 0 Lake Mary 0 Oviedo X Sanford 0 Winter Springs 0 School Board FROM: XSeminole County 0 Altamonte Springs 0 Casselberry 0 Lake Mary 0 Oviedo 0 Sanford 0 Winter Springs 0 School Board Name of Applicantllnitiator of Proposal: le - Name of Project(s): Street Address or General Location: &W Y !Y6 a,;W y/--'> �10 (en- I o Tax Parcel Number (or legal description): 3-3 - / f - 3 1 - �O b - / 350 -e5 <3 p Location Map Attached 0 Action Requested: X Annexation: voluntary involuntary 0 0 Contraction 0 Special Exception/Variance 0 Density/Intensity Chan e 'A Rezoning from A G l / to 0 Comprehensive PlanAmendment from 0 Facility Improvement/Expansion/Contraction 0 Other Land Use Action (describe): 61('a" to Proposed Use of Property: ��i1� mpr i - ��' ru lCQX Wash Publishing Dates for Legal Notice: Staff Review Scheduled for: Date, Time, Place of Public Hearing: City Commission Chambers. City Hall, 300 N. Park CITY OF " Sjk�FORD PLANNING & DEVELOPMENT SERVICES DEPARTMENT AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below: I. Ownership I I, {.`[.t.1v�f�.t."l .Dr l� P �rn ►!?C� ( 011(ke(,eby attest to ownership of the property described below: Tax Parcel Number(s): 3,3— / 9� .� �' .�Go - /3$�d - 4)1200 Address of Property: for which this II. Designation of Applicant's Agent (leave blank if not applicable) application is submitted to the City of Sanford. As the owner/applicant of the above designated property for which this affidavit is submitted, I designate the below named individual as my agent in all matters pertaining to the application process. In authorizing the agent named below to represent me, or my company, I attest that the application is made in good faith and that all information contained in the application is accurate and complete to the best of my personal knowledge. Applicant's Agent (Print): Agent Address: Email: Phone: III. Notice to Owner Signature: Fax: A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require anew affidavit. If ownership changes, the new owner assumes all obligations related to the filing application process. B. If the Owner intends for the authority of the Applicant's Agent to be limited in any manner, please indicate the limitations(s) below. (i.e.: limited to obtaining a certificate of concurrency: limited to obtaining a land use compliance certificate, etc.) The owner of the real property associated with this application or procurement activity is a (check one) Individual ❑ Corporation ❑ Land Trust o Partnership o Limited Liability Company ❑ Other (describe): 1. List all natural persons who have an ownership interest in the property, which is the subject matter of this petition, by name and address. L a tUlqr ?. %pf lP 2ylO(f A(6 is&K -9I lFaf MCC f F1 37-(64 Ai�na Karen CE,rI� j-54-0 �n-1;rd Ave-.�n�ard,`'� f .3aT73 2. For each corporation, list the name, address, and title of each officer; the name and address of each director of the corporation; and the name and address of each shareholder who owns two percent (2%) or more of the stock of the corporation. Shareholders need not be disclosed if a corporation's stock are traded publicly on any national stock exchange. 3. In the case of a trust, list the name and address of each trustee and the name and address of the beneficiaries of the trust and the percentage of interest of each beneficiary. If any trustee or beneficiary of a trust is a corporation, please provide the information required in paragraph 2 above. Name of Trust: CITY OF SA.�4F ®RD l �� ' PLANNING & DEVELOPMENT SERVICES DEPARTMENT 4. For partnerships, including limited partnerships, list the name and address of each principal in the partnership, including general or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above. 5. For each limited liability company, list the name, address, and title of each manager or managing member, and the name and address of each additional member with two percent (2%) or more membership interest. If any member with two percent (2%) or more membership interest, manager, or managing member is a corporation, trust or partnership, please provide the information required in paragraphs 2, 3 and/or 4 above. Name of LLC: 6. In the circumstances of a contract for purchase, list the name and address of each contract purchaser. If the purchaser is a corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and/or 5 above. Name of Purchaser: Date of Contract: NAME TITLE/OFFICEITRUSTEE OR BENEFICIARY ADDRESS % OF INTEREST (Use additional sheets for more space.) 7. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shall be disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains. 8. 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. I �y understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment, special exception, or variance involved with this Application to become void or for the submission for a procurement activity to be non- responsive. I certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures herein. Date STATE OF FLORIDA) COUNTY OF SEMINOLE Owner, Agent, Applicant Signature I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared { } who is personally known to me or { ) who produced as identification and acknowledged before me that s/he executed the same. Sworn and subscribed before me, by by means of { } physical presence or { } online notarization on the _ day of 2020, the said person did take an oath and was first duly sworn by me, on oath, said person, further, deposing and saying that s/he has read the foregoing and that the statements and allegations contained herein are true and correct. WITNESS my hand and official seal in the County and State last aforesaid this _ day of , 2020. Notary Public; State of Florida (Affix Notarial Seal) Printed Name: Affidavit of Ownership - February 2020 The undersigned expressly agrees that this Petition for Annexation to the City of Sanford shall be irrevocable by the undersigned and their heirs and assigns, and it shall be binding on any hereafter -acquired interest by or through the undersigned in the land described herein, it being the undersigned's intent that this Petition for Annexation shall be a restriction placed on the land described herein and shall be binding on all successor title holders of said land. Witness (es) as to owner (s) Owner (s) signature (s) STATE OF FLORIDA COUNTY OF SEMINOLE I hereby certify that on this day before me, an officer authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared: STATE OF FLORIDA COUNTY OF SEMINOLE HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared A(,;hAV ❑ who is personally known to me or who produced FL, D L as identification and acknowledged before me at s/he executed the same. Sworn and subscribed before me by Pn.� ; I o2)" �K by means of physical presence or { } online notarization and who is personally know by me on theQ day of . 1 , 20 a --the said person did take an oath and was first duly sworn by me, on oath, said person, further, deposing and saying that s/he has read the foregoin end that the statements and allegations contained herein are true and correct. 311'aL,:_ WITNESS my hand and official seal r I , A. D. 20_2_a. Y TONI M KELLY Notary Public - State of Florida Commission ; HH 156715 My Comm. Expires Jul 21. 2025 Bonded through National Notary Assn. in the County and State last aforesaid this cDa n � day of JOXIL Notary Public; State of FI 'da (Affix Notarial Seal) Printed Name: 1 Dnl i 1 4�r;1FORp ! U FST. 18 FLORIDA W S RM Item No. ._S CITY COMMISSION MEMORANDUM 2222.167 JUNE 27, 2022 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Eileen Hinson, AICP, Planning Director SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager SUBJECT: Annexation of 1.45 Acres located at project address 4000 East State Road 46; Owners: Lamar and Anna Corley STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: A request by the property owners, Lamar and Anna Corley, to voluntarily annex 1.45 acres located at project address 4000 East State Road (SR) 46, has been received. FISCALISTAFFING STATEMENT: According to the Property Appraiser's records, one property is vacant waterfront lot and vacant commercial with the assessed tax value and total tax bill for 2021 shown below: Assessed Parcel Number Value Tax Bill Property Status (2021) 2021 33-19-31-300-1350-0000 $135,408 $2,729 Vacant Commercial Upon, annexation, it is the applicant's intent to use the property for commercial purposes which will facilitate new non-residential construction and additional tax revenue to the City. The property is within Planning Sub Area 2 of the 2015 Seminole County/City of Sanford Joint Planning Area, which is a commercial node to serve the eastern portion of the City. BACKGROUND: The above referenced property is located in unincorporated Seminole County on the north side of State Road 46, between Cameron Avenue and East Lake Mary Boulevard. Existing Use Vacant Commercial Proposed Use General Commercial Parcel Number 33-19-31-300-1350-0000 Parcel Size 1.45 Acres Existing Future Land Use Designation (County) COM, Commercial Proposed Future Land Use Designation (City) GC, General Commercial Existing Zoning (County) A-1, Agriculture Proposed Zoning (City) GC-2, General Commercial Upon annexation, the property will be in City Commission District 1. Staff has reviewed the request for annexation and found the request to meet the criteria set forth in Section 171.044, Florida Statutes, relating to voluntary annexations. The property boundaries are contiguous to the City's boundary and are reasonably compact. The proposed annexation does not create a new enclave. City water and reclaim is available on the north side of SR 46. Sewer is available through a force main. A private lift station is required to connect to City sanitary services. The property owners shall be responsible for all impact and connection fees associated with obtaining utility services from the City to the annexed property and to extend such utility services to the annexed property to the extent that such utilities are not available. The property owners, Lamar and Anna Corley, are requesting annexation to obtain utility services in order to develop the property for commercial purposes. LEGAL REVIEW: The City Attorney has reviewed and determined that the annexation, as implemented, would comply with controlling State law and has prepared the proposed Ordinance. The City Commission approved the first reading of Ordinance No. 4700 on June 13, 2022. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on June 19, 2022. RECOMMENDATION: It is staff s recommendation that the City Commission adopt Ordinance No. 4700, to annex 1.45 acres located at 4000 East State Road 46. SUGGESTED MOTION: "I move to adopt Ordinance No. 4700." Attachments: (1) Ordinance No. 4700. (2) Exhibit "A".