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3960I IIII II IIIll B Illl I I m II i III IIII I ill Illl II Illl III ORDINANCE NO. 3960 MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 0600~ PGS 0357-0361 CL£R~'S # ~005201~83 RECORDED 11/18/2005 04:10:37 PM RECORDING FEES 44.00 RECDRDED DY G Harfo~d AN ORDINANCE OF THE CiTY OF SANFORD, FLORIDA, ANNEXING BY VOLUNTARY PETITIONING PROPERTIES LOCATED CONTIGUOUS TO THE CITY OF SANFORD (6.127 ACRES LOCATED ON UPSALA ROAD) IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; REDEFINING THE BOUNDARIES OF THE CiTY OF SANFORD TO INCLUDE SAID PROPERTIES; PROVIDING FOR FINDINGS; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT, WITH THE CHIEF ADMINISTRATIVE OFFICER OF SEMINOLE COUNTY AND WITH THE DEPARTMENT OF STATE; PROVIDING FOR A LEGAL DESCRIPTION AND A MAP; 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 applicants for annexation of properties into the City of Sanford are hereby determined to be the fee simple title owners of real property described below: Paul Brizard, Jr., and Jeni H. Brizard; Joyce H. E. Appleby and Susan Cover; and Margaret Harrell, WHEREAS, the said applicants petitioned the City of Sanford, pursuant to Section 171.044, Florida Statutes, for annexation of said properties into the municipal limits of the City of Sanford; and WHEREAS, the applicants are the fee simple title owners said properties being described as follows: Tax Parcel Identification. 28-19-30-300-006A-0000 Brizard, Paul E Jr. & Jeni H. 28-19-30-300-0070-0000 Appleby, Joyce H. E. & Cover, Susan A. 28-19-30-300-0080-0000 Harrell, Margaret 28-19-30-300-0090-O000 Harrell, Margaret WHEREAS, the aforedescribed real property is deemed to consist of a single property for the purposes of this Ordinance and all applicants are deemed to have submitted a common petition; and WHEREAS, City staff has reviewed and subsequently 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 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 it is further determined that the property otherwise fully complies with the requirements of State law; 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 map attached hereto as Exhibit "A' and the legal description attached hereto as Exhibit "B" shows, describes and depicts the property which is hereby annexed into the City of Sanford. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Sanford, Florida, as follows: SECTION 1. LEGISLATIVE AND ADMINISTRATIVE FINDINGS/ANNEXATION OF PROPERTY. The recitals set forth above in the "whereas clauses" are hereby adopted as legislative findings of the City Commission of the City of Sanford. The property consists of the following parcels of land assigned the Tax Parcel Identification Parcel Numbers set forth above and being described as set forth below, said property being situated in Seminole County, Florida, and said property be and the same is hereby annexed into and is hereby made a part of the City of Sanford, Florida pursuant to the voluntary annexation provisions of Section 171.044, Florida Statutes: See Exhibit "B" 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. Within seven (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) and with the Florida Department of State. 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 determined 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, and the City Manager, or designee, is hereby directed to take any and all appropriate actions relative to land use planning pertaining to the property annexed pursuant to this Ordinance. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED and ADOPTED this .~ay of November, 2005. ATTEST: CiTY COMMISSION OF THE CITY OF SANFORD, FLORIDA 3 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. 3960 PAS AND ADOPTED by the City Commission of the City of Sanford, Florida, on the / ~lay of November, 2005, ,was posted at the front door of the City Hall in the City of Sanford, Florida, on the /~'~"'J~day of November, 2005. kNET R. DOUGHERTY b" As the City Clerk of the City of 8anford, Florida I:~-NG~Cit/est2005~anford\Ordinances~Annexation Ordinance I0-21-05 3960.doc 4 ANNEXATION REQUEST cENTRAL FLORIDA GREENEWAY Seminole County PROPERTY I.D. # 28-19-30-300-0070_000C 28-19-30-300~080.0000 28-19-30-300-0090-0000 PROPERTY OWNER BRIZARD PAUL E JR & JENI H APPLEBYJOYCEHE& COVER SUSANA HARRELLMARGARET HARRELLMARGARET PROPERTY 1050 UPSALARD 1030 UPSALARD 1020UPSALARD PROPERTY A-1 CITY AG AG AG AG TOTAL: 1.52 2.05 0.68 1.58 REGENCY OAKS - PULTE PHASE 3 ADD PARCELS DESCRIPTION: The East 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 28, Township 19 South, Range 30 East, Seminole County, Florida, less the East 25 feet of said East 1/2 for Upsala Road, together with the East 100 feet of the West 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 28, described as follows: Commence at the Southeast comer of the Southwest 1/4 of Section 28, Township 19 South, Range 30 East, Seminole County, Florida, said Southeast comer also being the North 1/4 comer of Section 33, Township 19 South, Range 30 East, as documented in Certified Comer Record #063142; thence mn S89°53'11"W along the South line of the Southwest 1/4 of said Section 28 for a distance of 25.00 feet to the West right-of-way line of Upsala Road (variable width right-of-way) and to the POINT OF BEGINNING; thence, departing said South line of said Southwest 1/4, nm N00°09'05"W along said West right-of-way line, distant 25 feet Westerly from and parallel with the East line of said Southwest 1/4, for a distance of 659.32 feet to the North line of the East 1/2 of said Southeast 1/4 of the Southeast t/4 of the Southwest 1/4 of said Section 28; thence departing said West right-of-way line mn S89°54'38"W along said North line for a distance of 404.76 feet to the West line of the East 100 feet of the West I/2 of said Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 28; thence mn S00°09'00"E, along said West line for a distance of 659.49 feet to the aforesaid South line of said Southwest 1/4; thence nm N89°53'1 I"E along said South line for a distance of 404.77 feet to the POINT OF BEGINNING. Containing 6.127 acres more or less and being subject to any rights-of-way, restrictions and easements of record. F:~Proj2003L23239~SURadmin\Legals~SL9833desc doc (.0275) (PT/tr) Created on 3/30/2005 3:32:00 PM Last printed 4/4/2005 4:27:00 PM Page I of 1