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3813ORDINANCE NUMBER 3813 OF THE CITY COMMISSION I# IIIII IIIIIllllll I I111 IIIIII1#1 AN ORDINANCE SANFORD, FLORIDA, RELATING TO THE LEGAL DESCRIPTION UTILIZED IN ORDINANCE NUMBER 3679 AND THE DEVELOPMENT ORDER (NUMBER 01-0037) THAT IMPLEMENTED THE SAID ORDINANCE SAID ORDINANCE AND DEVELOPMENT ORDER RELATING AND PERTAINING TO THE ADOPTON OF A ZONING PLAN FOR 31.98 ACRES OF PROPERTY LYING BETWEEN THE ST. JOHNS PARKWAY AND THE CENTRAL FLORIDA GREENEWAY AND BETWEEN ELDER ROAD EXTENDED SOUTHERLY AND RINEHART ROAD; PROVIDING FOR A CORRECTED LEGAL DESCRIPTION AND RATIFICATION OF ACTS; PROVIDING FOR FINDINGS AND INTENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR NON-CODIFICATION AND PROVIDING FOR EFFECTIVE DATE. ~E~INOLE ~UNT~ BK ~7t PG ~37 ~I~ ~ tg.~ Cl~ OF BE IT ENACTED BY THE CITIZENS OF THE CITY OF SANFORD, FLORIDA; SECTION 1. FINDINGS AND INTENT. It is the intent of the Mayor and the City Commission to correct the fact that the legal description is incorrect as set forth in Ordinance Number 3679 and the provisions of Development Order Number 01-0037 which implemented the provisions of Ordinance Number 3679 said Ordinance and Development Order relating and pertaining to the adoption of a zoning plan for the Wal- Mart Supercenter site and said site being located on 31.98 acres of land generally lying between St. Johns Parkway and the Central Florida Greeneway and between Elder Road extended southerly and Rinehart Road. SECTION 2. CORRECTED LEGAL DESCRIPTION/RATIFICATION OF ACTS. The legal description relating and pertaining to the provisions of Ordinance Number 3679 and the provisions of Development Order Number 01-0037 which implemented the provisions of Ordinance Number 3679 is hereby amended to be as set forth in Exhibit "A" hereto which is hereby incorporated herein and made a part hereof by this reference thereto as if fully set forth herein verbatim. The actions of the City Commission set forth in , . FILE NUN Ordinance Number 3679 and the provisions of Development Order Number 01-0037 are hereby ratified and affirmed except as to the legal description as set forth herein. SEE EXHIBIT "A" ATTACHED HERETO SECTION 3. CONFLICTS. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. SECTION 4. 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 5. NON-CODIFICATION. It is the intention of the City Commission of the City of Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance shall not be codified. SECTION 6. EFFECTIVE DATE. This Ordinance shall take immediate effect upon enactment. PASSED AND ADOPTED THIS /~-'~ day of ~'"~~ , A.D., 2003. ATTEST: City Commission of the City of ~lorida B~D~irI~ES~RD, Mayor ~I'ANET DOUGHERTY,(-~ity CleriC/ FILE NIJ'I .':'ltl~319liliq.6q' OR BO0~ 054~m7l. PI:~.iE ~3"9 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. 3813, PA~S.~D AND Al~~y the City Commission of the City of Sanford, on the /, :~Y*~/' day of ,/~/1~ was posted a,t~.fro~n~t .door of the City Hall in the City of Sanford, Florida on the day of (f./~4.~C/-~ ,2003. the City Clerk of the ~(ty of Sa~ord, Florida Exhibit"A' OR BOOF, 05~7t pP~E ee~,e LOTS 39, 40, AND 42 AND A PORTION OF LOTS 41, 53 AND 54, INCLUDING A PORTION OF THE UNNAMED RIGHT OF WAY SOUTH OF LOT 53, SMITH'S THIRD SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 86 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LYING NORTH OF THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 19 SOUTH, RANGE 30 EAST, TOGETHER WITH THAT PORTION OF ]EWE1-F LANE LYING SOUTH OF LOTS 39 AND 40, AND NORTH OF LOTS 41 AND 42 AND THAT PORTION OF THE WEST 1/2 OF ELDER ROAD RIGHT-OF-WAY LYING EAST OF LOTS 42 AND 53. LESS AND EXCEPT, THAT PORTION OF LOTS 39, 40 AND 42, LYING NORTH OF THE SOUTH RIGHT-OF-WAY LINE OF ST. 3OHNS PARKWAY AS SHOWN AND DESCRIBED AS PARCEL "B" IN THE RIGHT OF WAY DESCRIPTION SKETCH RECORDED IN OFFICIAL RECORDS BOOK 2868, PAGE 0124 AND DEPICTED IN THE RIGHT OF WAY AGREEMENT RECORDED SEPTEMBER 13, 1995 IN OFFICIAL RECORDS BOOK 2966, PAGE 1310, LYING WITHIN SE(,IION 28, TOWNSHIP 19 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SEC'I ION 28; THENCE RUN S89°53'03"E, ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION, A DISTANCE OF 15.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF RINEHART ROAD (140' R/W PER SEMINOLE COUNTY RAN MAP BOOK 1, PG. 107) ALSO BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2616.55 FEET AND A CHORD BEARING OF N00°09'05"E; THENCE DEPARTING THE SOUTH LINE OF SECTION 28, RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID EAST RIGHT OF WAY LINE, THROUGH A CENTRAL ANGLE OF 0009'27'' A DISTANCE OF 7.19 FEEl-TO THE POINT OF TANGENCY; THENCE RUN N00°04'01"E, 15.06 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SEC~ ION 28, ALONG SAID RIGHT OF WAY, A DISTANCE OF 704.05 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE N00°04'01"E ALONG AFORESAID RIGHT OF WAY, A DISTANCE OF 839.84 FEET TO A POINT ON THE SOUTH LINE OF AFORESAID PARCEL "B"; THENCE DEPARTING SAID RIGHT OF WAY OF RINEHART ROAD, RUN THE FOLLOWING COURSES AND DISTANCES ALONG SAID SOUTH LINE OF SAID PARCEL "B": S89°55'24"E, A DISTANCE OF 185.09 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 595.00 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 38055'09'' A DISTANCE OF 404.16 FEET TO THE POINT OF TANGENCY; THENCE RUN S51 °00'15"E, A DISTANCE OF 474.76 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 705.00 FEET AND A CHORD BEARING OF S67°44'56"E; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 33029'24'' A DISTANCE OF 412.08 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 28; THENCE DEPARTING AFORESAID CURVE AND SAID SOUTH LINE OF PARCEL "B", RUN S00°05'11 "W ALONG SAID EAST LINE, A DISTANCE OF 968.32 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4, OF THE SOUTHWEST 1/4 OF SAID SECTION; THENCE DEPARTING SAID EAST LINE, RUN N89°53'03"W ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4 SECTION, A DISTANCE OF 425.20 FEET; THENCE DEPARTING SAID SOUTH LINE, RUN N51°00'15"WA DISTANCE OF 842.40 FEET; THENCE RUN N00°04'01 "E A DISTANCE OF 182.62 FEET; THENCE RUN N89°55'24"W A DISTANCE OF 223.50 FEET TO THE POINT OF BEGINNING. CONTAINING 31.52 ACRES (1,372,994 SQ. FT.), MORE OR LESS. ORDINANCE NO. 3679 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, 1 ORDINANCE ~..~ ~ ~O.,.~ .~.= S~,~ ~.~.~ · O C.~.~ ~.~ ZO.,.~ O~ ~.~ ~C.~S O~ ~~ ROAD EXTENDED SOUTHERLY AND RINEHART ROAD; ~~ ~ ~ EFFECTIVE 9ATE. ~ ~ NOW, THerEFORE, ~E ~T ~NACTED ~Y THE ~EOPLE OF THE 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: SEE EXHIBIT "A" ATTACHED HERETO. 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 fodh herein. SECTION 2: The rezoning action herein is subject to the conditions provided for and agreed to in the Development Order ~01-0037. SECTION 3: Severability. If any section or portion of a section of this Ordinance proves to be invalid, unla~ul 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 a~ ordinances or pa~s of ordinances in conflict FILE NUll 2~}~319~6,2 OR BOOK OEaaTI. ~ ~ao19 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. PASSED AND ADOPTED this~-~~ day of k'~/.~g/(,A.D., 2001. ATTEST: ERK (J (,/ 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. 3679, PASSF_,~) AND ~/~,,hO~l~z.~/..Y~the.~City Commission of the City of Sanford, Florida, on the~ay of "4' I (,~/uC~-/.Z.6/L.~,~.01, was po.sted at th, e~ront door of the City Hall in the City of Sanford, Florida on the.¢_'.'.'~ day of~.'7/{~-2001. City Clerk of th~ City ¢ of Sanford, Florida CERTIFICATE Ordinance No. 3679 I, Janet R. Douaherty, City Clerk of the City of Sanford, Florida, do hereby certify on the?'/w'~ day of,.~~ ,200/t'~at the fully executed Development Order was received by me within ninety(90) days of the date of adoption of this ordinance and said Develo..p~-n...en..t~rder was rec~oEded by me on..~'/~'~z~.,~ /~_~/~?~ ,.2_.96~, in O.R. Bookg/'/--f~2~¥ , Page /~'~-~ , Public Records of S~minole County, Florida, A~/the City Clerk of(tt~e City(/ of Sanford, Florida I:\CLP~2001\Sanford\Ordinances~3679 pd rezone.wpd Ordinance No. 3679 O.,11 =F NUV-Ub-2UU~ IUk ]1:4~ N~ 51~NSIKU~,~UINIUSH,UUL~k F~X NU. 4U{ 33U 23{9 P. 05 LEGAL DESCRIPTION: Lots 39, 40, 41, 42, 53, and 54, Smith's 3~d Subd, according to the Plat thereof, as recorded in Plat Book 1, Page 86, Public Records of Seminole County, FL together with that portion of Jewett Lane lying S of Lots 39 and 40, and N of Lots 41 and 42 and that portion of the W ~ of Vac ROW lying E ~f Lots ~2 and 53. LESS and except that portion of Lots 39, 40 and 42 lying N of the s ROW line of proposed St. Johns Parkway as described in ROW agreement as recorded Sept. 13, ].995 in official Records Book 2966. OR ~kO{]F. lt)5l)71 PAGE ii ® J /i FILE NUN FILE NUIq 21~3190~,2 01~ ~ 05071 PI:I~E ~5 m SEU-ER RETAINED 'l 6 5 Of g~ WAL-~dlART Eo~ I ION iF OtOOSJO OR BOON ~5~71 PAG4E 0029~ 01005.