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HomeMy WebLinkAboutOrdinance 2001-01 Annexation/GreeneWay ORDINANCE 2001-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING REAL PROPERTY LOCATED WITHIN SEMINOLE COUNTY, FLORIDA NEAR THE SOUTHEAST CORNER OF THE INTERSECTION OF S.R. 417 "THE GREENEWAY" AND S.R. 434 AND LEGALLY DESCRIBED IN EXHIBIT "A" HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE II, BOUNDARIES; TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH THE APPROPRIATE AGENCIES UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, This is a voluntary annexation which shall be pursuant to the annexation procedures contained in Section 171.044 Florida Statues; and WHEREAS, The City Commission has determined that the subject real property is reasonably compact and contiguous with the boundaries of the City of Winter Springs and will not create an enclave and otherwise satisfies the requirements for annexation; and Ordinance 2001-01 City of Winter Springs OFFICIAL RECORDS BOOK 0494 SEMINOLE CO. FL. MARYANNE MORSE CLERK OF CIRCUIT COURT SEMINE COUNTY, FL RECORDED & VERIFIED 01 JAN 30 AM 8:07 Page 1 of 4 WHEREAS, The annexation is in compliance and consistent with the goals, and objectives of the City of Winter Springs' Comprehensive Plan, Charter, and City Code; and Charter, Article II, shall be redefined to include the subject real property; and WHEREAS, upon the effective date of this Ordinance, the municipal boundary lines of the City of Winter Springs, contained in Winter Springs Charter, Article II, shall be redefined to include the subject real property; and WHEREAS, The City Commission of the City of Winter Springs, Florida hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS AS FOLLOWS: Section 1. Annexation of Real Property. The area of real property, which is more particularly described in the metes and bounds legal description and map attached hereto as Exhibit "A", is hereby annexed into the City of Winter Springs by the City Commission. Exhibit "A" is hereby fully incorporated herein by this reference. Section 2. City Boundaries Redefined; Winter Springs Charter Amended. Pursuant to Section 166.031 (3) Florida Statutes, and Section 171.091 Florida OFFICIAL RECORDS BOOK 3998 PAGE 0495 SEMINOLE CO. FL. Ordinance 2001-01 City of Winter Springs Page 2 of 4 Statutes, the City of Winter Springs Charter, Article II, Section 2.01, shall hereby be amended to redefme the corporate boundaries of the City of Winter Springs to include the area of real property described in Section 1 of this Ordinance. The City Clerk shall file the revised Winter Springs Charter, Article II, Section 2.01, with the Department of State within thirty (30) days upon said approval. The City Clerk shall file tills Ordinance with the Clerk of Circuit Court of Seminole County, the Cillef Administrator of Seminole County, and the Department of State within seven (7) days of the effective date. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All ::n ordinances and resolutions or parts of prior ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect tile validity of the remainder hereto as a whole or part thereof to be declared invalid. Section 5. Effective Date. Tills Ordinance shall become effective immediately upon adoption by the City Commission of tile City of Winter Ordinance 2001-01 City of Winter Springs Page 3 of 4 Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 22nd day of January, 2001. PAUL P. PARTYKA, MAYOR REVIEWED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE, CITY ATTORNEY ATTEST: ANDREA LORENZO-LUACES CITY CLERK 1 READING January 8, 2001 POSTED January 9, 2001 2ND READING AND PUBLIC HEARING January 22, 2001 Ordinance 2001-01 City of Winter Springs Page 4 of 4 JAN 03 '01 05: 46PM DOUDNEY SURVEYORS, INC. 4073221495 DOUDNEY SURVEYORS, Inc. Professional Surveyors and Mappers P. O. BOX 266 SANFORD, FLORIDA 32772-0266 PHONE: (407)322-1451 FAX: (407)322-1495 E-MAIL: Doudneysur@aol.oorn Mr. Andre Biewend ERIC ADAMS REALTY 991 West kennedy Boulevard Suite A-25 Orlando, Florida 32810 10 August. 2000 Dear Andre; The following is a metes and bounds description of the Smith parcel. If you have any questions or need any additional information, please feel free to call me. David A. Doudney, P.S.M. President REAL PROPERTY DESCRIPTION: (WRITTEN BY SURVEYOR FOR ANNEXATION) JULYANNA P. SMITH, PARCEL LD. 04-21-31-300-0040-0000 The North 200 feet of the West 300 feet of the South 3/4 of the East 1/2 of the Southwest 1/4 of Section 4, Township 21 South, Range 31 East, Seminole County, Florida, being more particularly described as follows: Begin at the Southwest corner of the North 200 feet of me West 300 feet of the South 3/4 of the East 1/2 of the Southwest 1/4 of Section 4,Township 21 South, Range 31 East, Seminole County. Florida and run N 00o32'26' W along the West line of the East 112 of the Southwest 1I4 of said Section 4, 80.01 feet to a point on the Southerly right-of-way line of State Road 411 per the right- of-way maps, Section 9170-2302. prepared by Lochrane Engineering. Inc.. last revised 6-17-98; thence ran N S0-26'OS'"E along said Southerly right-of-way line. 303.63 feet; thence run N 89o 1947E along said Southerly right-of-way line. 0.12 feet to a point on the East line of the North 200 feet of the West 300 falll of the East 1/2 of the Southwest 1/4 of said Section 4; thence leaving said right-of-way line nm S 00"J2"26'"E along said East line. 129.57 feet to the SoutIwmt comer of the North 200 feet of the West 300 feet of the South 3/4 oCtile East 1/2 of the Southwest 1/4 of said Section 4; thence run S 89o49'32" W aIong the South line of the North 200 feet of the West 300 feet of the South 3/4 of the East 1/2 of the Southwest 1/4 of said Section 4, 300.00 r. to the Point of Beginning: Containing 3143:8.89 square feet or 0.7217 acres. SURVEVOR'S NOTES: l) the surveyor has not abstracted the land shown hereon for easements, rights-of-way or any other matter, recorded or unrecorded, that may affect the use or title of this land. 2) The bearing structure is based on the the West line or the Southwest 1/4 of Section 4, Township 21 South, Range 31 East as being N00"41'23"W per the right-of-way maps of State Road 417, Section 9770- 2302, prepared by Lochrane Engineering. Inc., last revised 6-17-98. 3) This description was prepared at the request of the client and is based on office records, notes and previous surveys and has not been field verified. OFFICIAL RECORDS BOOK 3998 PAGE 0498 SEMINOLE FO. FL EXHIBIT A EXHIBIT A CITY OF WINTER SPRINGS PROPOSED ANNEXATION PROPERTY DIAGRAM OFFICIAL RECORDS BOOK 3998 PAGE 0499 SEMINOLE CO,. FL Orlando Sentinel Published Daily JAN 2 3 2001 State of Florida COUNTY OF ORANGE Before the undersigned authority personally appeared Beverly C. Simmons , who on oath say's that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newspaper published at ALTAMONTE SPRINGS in Seminole County, Flonda; that the attached copy of advertisement, being a NOTICE Of CONS IDE in the matter of ORD 2001 01 in the SEMINOLE Court, was published in said newspaper in the issue; of 01/12/01,01/19/01 Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMONE SPRINGS in said SEMI NOLE. County, Florida, and that the said newspaper has heretofore been continuously published in said SEMINOLE County, Florida, each Week Day and has been entered as second-class mail matter at the post office in ALTAMONTE SPRINGS in said SEMINOLE County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or cor ration any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Beverly C. Simmons The foregoing instrument was acknowledged before me this 9th day of JANUARY , 2001, by BEVERLY C. SIMMONS who is personally known to me and who did take an oath. (SEAL) NOTICE OF CONSIDERATION OF ANNEXATION CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMIS. SION OF THE CITY OF WIN. TER SPRINGS WILL HOLD A PUBLIC HEARING FOR SEC. OND READING OF ORDI. NANCE 2001.01 CONCERN. ING A PROPOSED ANNEXATION OF A .72 ACRE PARCEL OF LAND LOCATED NEAR THE SOUTHEAST CORNER OF THE INTERSEC. TION OF STATE ROAD 434 AND STATE ROAD 417 "THE GREENEWAY" AND GENER. ALLY DEPICTED ON THE MAP BELOW. (DIAGRAM OF PROPERTY) THE TITLE OF THE PRO. POSED ORDINANCE IS "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS. FLOR. IDA, ANNEXING REAL PROP. ERTY LOCATED WITHIN SEMINOLE COUNTY, FLORI. DA NEAR THE SOUTHEAST CORNER OF THE INTERSEC. TION OF S.R. 417 "THE GREENEWAY" AND S.R. 434 AND LEGALLY DESCRIBED IN EXHIBIT "A" HERETO. PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER. ARTI- CLE II, BOUNDARIES; TO IN. CORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE RE. VISED WINTER SPRINGS CHARTER WITH THE APPRO. PRIATE AGENCIES UPON SAID APPROVAL; PROViDING FOR REPEAL OF PRIOR IN. CONSISTENT ORDINANCES AND RESOLUTIONS; PRO. VIDING FOR SEVERABILITY; AND PROVIDING FOR AN EF. FECTIVE DATE." THIS PUBLIC HEARING ON THE PROPOSED ANNEX. ATION WILL BE HELD ON JANUARY 22, 2001 AT 6:30 P.M. AT THE WINTER SPRINGS CITY HALL THIS PUBLIC HEARING WILL I TAKE PLACE AT THE CITY COMMISSION CHAMBERS AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. INTERESTED PERSONS MAY iAnEND AND BE HEARD A COMPLETE METES AND BOUNDS LEGAL DESCRlP TION OF. THE SUBJECT PROPERTY AND THE ORDI. NANCE PERTAINING TO THE ABOVE MAY BE OBTAINED FROM THE OFFICE OF THE CITY CLERK, AT CITY HALL, 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA CALL 327-1800 # 227. PERSONS WITH DISABILI- TIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EM. PLOYEE RELATIONS DE. PARTMENT COORDINATOR 48 HOURS IN ADVANCE OF THE MEETIING AT (407) 327. 1800 #226 THIS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY DECISION OR RECOM- MENDATION MADE BY THE CITY COMMISSION WITH RE- SPECT TO ANY MATTER CONSiDERED AT THIS MEET. ING, YOU WILL NEED A RE. CORD OF THE PROCEED. INGS, AND, FOR SUCH , PURPOSES, YOU MAY NEED , TO ENSURE THAT A VERBA- TIM RECORD OF THE PRO. CEEDINGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED. ANDREA LORENZO.WACES CITY CLERK 1/12-19,2001