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3794 ORDINANCE NO. 3794 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO AMEND THE SEMINOLE TOWNE CENTER PD MASTER PLAN TO INCLU DE 0.623 ACRE (TRACT A) TO TRACTS 16 AND 17, AND REZONE SAID PROPERTY FROM AG, AGRICULTURE TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: That Ordinance No. 3117 of the City of Sanford, Florida passed and adopted July 27, 1992, said Ordinance being the Comprehensive Zoning Ordinance of the City of Sanford, Florida, regulating and restricting the location and use of buildings, structures, land, and water for trade, industry, residence or other purpose, be and the same is hereby amended as follows: TRACT A 32-19-30-300-010-A-000, more particularly described in Exhibit "A" included by reference as if fully set forth herein be and the same is hereby rezoned to PD, Planned Development zoning district and the Planned Development Master Plan is attached as Exhibit "B" is included herein by reference as if fully set forth herein. SECTION 2: The rezoning action herein is subject to the conditions provided for and agreed to in the Development Order # 03-0034. SECTION 3: Severabilit¥. 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 a section of this Ordinance. SECTION 4: Conflicts. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 5: Effective Date. That this Ordinance shall become effective immediately upon the execution and recording of the Development Order referenced above, provided that said Development Order is fully executed and delivered to the City Clerk for recording within ninety (90) days of the date of adoption of this ordinance, otherwise this ordinance shall be null and void and of no force and effect. ATTEST: 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. 3794, PASSED AND Ordinance No. 3794 ADOPTED by the City Commission of the City of Sanford, Florida, on the/LfL~--day of ,: .~c. u~-' ,2003, was posted at the front door of the City Hall in the City of Sanford, 1 Florida, on the/-:>-~-day of q,- ,2003. As ~qe City Clerk of the Cffty ¢/ of Sanford, Florida CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify onthe ~ dayof ~'.¢(/~.¢L ,2003, that the fully executed Development Order was received by me within ninety (90) days of the date of adoption of this ordinance and said Development Order was recorded by me on f/?~.,(~¢'~ ~ I 2003, in O.R. Book (¢)/-t/ ~--/, Page 0'~¢"/~-7, Public Records of Seminole County, Florida, /l(s the City Clerk of tl~/e City of Sanford, Florida Ordinance No. 3794 Exhibit "A" Sec 32 TWP 19S RGE 30E 5 CH of SW 1/4 N of Rinehart Road, Seminole County, Florida Ordinance No. 3794 CITY OF SANFORD DEVELOPMENT ORDER No. 03-0034 On ~, City of Sanford issued this Development Order relating to and touching and concem/ng the following described property: SEC 32 TWP 19S RGE 30E E 5CH OF SW ¼ N OF R/NEHART RD; TRACT 16 (LESS RD) SEMINOLE TOWNE CENTER REPLAT PB 47 PGS 8 THRU 10; TRACT 17 (LESS RD) SEMINOLE TOW-NE CENTER REPLAT PB 47 PGS 8 THRU 10. (The aforesaid legal description has been provided to the City of Sanford by the owner of the afore described property) FINDINGS OF FACT Property Owners: City of Sanford VT Incorporated P.O. Box 1788 8500 Shawnee Mission Parkway Sanford, Florida 32772 Shawnee Mission, Kansas 66201 Project Name/Address: Seminole Towne Center PD Master Plan - 1160 Rinehart Road Tax Parcel Number(s): 32-19-30-300-010A-0000, 29-19-30-5LW-1600-0000 and 29.19.30.5LW.1700_0000 Requested Development Approval: PD, Planned Development Rezone The development approval sought is consistent with the City of Sanford Comprehensive Plan and will be developed consistent with and in compliance to applicable land development regulations and all other applicable regulations and ordinances. The owner of the property has expressly agreed to be bound by and subject to the development conditions and commitments stated below and has covenanted and agreed to have such conditions and commitments mn with, follow and perpetually burden the afore described property. ORDER NOW, THEREFORE, it is ORDERED AND AGREED THAT: (1) The aforementioned application for development approval is GRANTED. 51 PG 0545 FILE NUM 2003136374 ~I~ ~ 1~ (2) (3) Ail davelopment 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. 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: ao do All Development is to be generally in accordance with the PD Master Plan for Seminole Towne Center PD for Tracts 16, 17 and Tract A dated May 16, 2003; All Development shall be in accordance with the City of Sanford's Land Development Regulations; A Preliminary Subdivision Plan and Subdivision Improvement Plans shall be submitted and approved (if required) and constructed as approved by the City prior to any use or development of the site; A Final Plat shah be reviewed, approved and recorded prior to the issuance of any certificates of occupancy. A 20 foot wide City Services Easement shall be provided for a future potable water well and a pipeline from the well to Rinehart Road. All parking spaces shall comply with the Land Development Codes. (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. As approved and authorized for execution by the City Commission at their meeting of 'J~h I,~ , ~. BY:(~ .~--D~~ Date: Russ L. Gibson, AICP Director of Planning and Community Development Development Order No. 03-0034 - Seminole Towne Center PD Page 2 of 3 F]~ NLIM 2003136374 O~ :]01~ ~495! PAGE 0547 ~ER'S CONSENT ~D COVENANT CO~S NOW, ~" ~ ~' the owner(s) of the afore described prope~ in t~s Development Order, on behalf of itself and its heirs, successors, assAys or wansferees °f any na~e whatsoever and consents to, a~ees with ~d covenants to perfo~ and ~lly abide by the provisions, te~s, conditions and co~ents set fo~ in ~s Development Order. Witness J. /2. c m/,,o Witness Owner STATE OF /~,z]V{/.Jff 5 COUNTY or ~'0///~/50a~/ I HEREBY CERTIFY that on this day, before me, an officer duly authori~.zed in the State and County aforesaid to take acknowledgments personally appeared ~ec, { ~fct ~_ ~ t.c~ } who is personally known to me or who has produced c-"Sv-i v-e~ ~ i Le3',-s e_ as identification a'nd who did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this ~ day of · Notary Public, in and for the County and State aforementioned. Development Order No. 03-0034 - Seminole Towne Center PD Page 3 of'S ~ OWNER'S CONSENT AND COVENANT 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 pcrforma and fully abide by the provisions, terms, conditions and commitments~.~A_~rth in this Development O~der. Witness STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County afore acknowledgments, personally appeared "~CFa~, L~'$?:f_xf(~ who is ~k~_own to ~3~ or who has produced ~s identification and who [AWITN]SS_my and official seal in the County and State last aforesaid this ~ '~day of hand ~,~*~ ~t~o~.mrt N taW Public, i ~d for the ~ounW and State Development Order No. 03-0034 - Seminole Towne Center PD