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HomeMy WebLinkAbout1996 12 09 Regular Item E COMMISSION AGENDA ITEM E REGULAR X CONSENT INFORMATIONAL December 9. 1996 Meeting MGR.IIVf?(fD~PTY~ AuthonzatlOn REQUEST: Community Development Department requesting the City Commission to approve the first reading of Ordinance No. 631 to annex a 9.9 acre parcel located at the intersection of Orange Avenue and Tuskawilla Road. PURPOSE: The purpose of this Board Item is to request the Commission to approve the first reading of Ordinance No. 631 to annex a 9.9 acre parcel in the county enclave located on the north side of the Winter Springs High School property. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 171. 044( 1) Florida Statutes which states "The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of a said municipality that said property be annexed to the municipality." The provisions of 171.044 F. S. which states "Upon determination by the governing body of the municipality that the petition bears the signatures of all owners of property in the area proposed to be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property." The City has expressed an interest in annexation in the past, (ref. 8-14-95 City Commission meeting). FUNDING: No monies from the City are required. October 28, 1996 AGENDA ITEM E Page 2 FINDINGS: The applicant is the sole owner of the 9.9 acre property (per real estate sale contract). The applicant states the intention is to develop the property for single-family residential with the City's water and sewer service. The parcel across the street on the east side of Tuskawilla Road is now being developed by RicWand Tuscawilla, L TD as a residential subdivision "St. Johns Landing" with a residential density of 1.47 DU/acre (31 units121.1S acres). There are residential units and vacant land along the north side in the remainder of the county enclave. RECOMMENDATION: Staff recommends approval of the first reading of Ordinance No. 631 to annex a 9.9 acre parcel into the City based on: 1. Previous expressions of interest by the City for annexation. 2. That it is consistent with the state policy of the Florida Legislature that, "The Legislature recognizes that enclaves can create significant problems in planning, growth management, and service delivery, and therefore declares that it is the policy of the state to eliminate enclaves. " 3. The City has this enclave within its service area whereas the county does not; therefore, the City can best service this enclave or portions thereof with sewer and water service. IMPLEMENTATION SCHEDULE: 1. The City Commission holds a second reading on November 11, 1996 and adopts Ordinance 631 to annex the 9.9 acre parcel. The ordinance for annexation immediately takes effect upon adoption. 2. The Future Land Use Map designation is reviewed by the Local Planning Agency on November 6, 1996 and a recommedation is made to the City Commission. .' October 28, 1996 AGENDA ITEM E Page 3 3. The City Commission holds the first reading of an ordinance to designate the 9.9 acre annexed parcel on the City's Future Land Use Map on November 25, 1996, and the first reading of an ordinance to designate the 9.9 acre annexed parcel on the City's Zoning Map on November 25, 1996. 4. The City Commission holds the second reading of an ordinance to designate the 9.9 acre annexed parcel on the City's Future Land Use Map on December 9, 1996, and the second reading of an ordinance to designate the 9.9 acre annexed parcel on the City's Zoning Map on December 9, 1996. The ordinance for Future Land Use Map designation takes effect 31 days after adoption and as a result the ordinance for zoning designation takes effect 31 days after adoption also. ATTACHMENTS: 1. Area map of annexation parcel. 2. Parcel boundary map. 3. Real Estate Sale Contract. 4. Ordinance No. 631 COMMISSION ACTION: 3 I I ~ I I /1" cw.~ ~ A-1 iJL/(' it (o~ .IJ,O .,z ..J' f N ) I I C~1 r '.16 6. WINTER I SF <---j . --L_ ~ -__.... --~ T ---: , ----- -- '~ ---- If , - _____ '0 ~- --- __ lot 16 less the NOrth 288 leetollhe West 190 leetol Lot 16. plus lot 16A, 01 Bolek B. D.R. MITCHELL'S SURVEY OF o ~ ___ __ THE lEW GRANT ON LAKE JESSUP, aCCOrding 10 the plat thereof as recorded in Plat Book 1, Page 5 of the Public '}. -1:~--~~ ----- RecordsolSeminoleCoumy,Aorida '0 :~' !2s~ -:-. ' ,:--- ---- II q ,0 ________ ~ 'p , ; ':>i'..< -~~ --J' , -I:;;, ,..., ~-, ,- -~---- , CI') :!"-:'~>.- U!':;:.,.. <;652 5.550/3' '~'.-:!..: . 00' 30"[ - 225:00' ' o \D ~ <T <T \D oW ,.. :g . r<") N :Z -~__t ~-lIrl<' c:: ,. " ' ~ 'f LEGAL DESCRIPTION LAND TO BE ANNEXED INTO THE CITY OF WINTER SPRINGS .: ....--: ; . (_,;O'!_ .&...- .... : . '"0, j :..~ J ..... ,/0.642 ACRES N ,67.03'14".w, .,,' . ~/l 84:),915' ,J'" .- .:.- ..,~ .-.---.- -. ' ~ i . REAL :ESTATE SALE CONTRACT RAW LAND / UNDEVELOPED BUTTON PROPERTY This agreement for the sale and purchase of real estate property is made and entered into by and between the parties herein identified on' the last date appearing beside the signature of the party who is the last to execute this agreement. 1. DEFINITIONS: The following terms shall have the meanings indicated for all purposes affecting this contract. A. SELLER - Ervin J, and Martha M, Button are the owners of the real property which is the subject of this Contract and shall be referred to herein as "SELLER". B. PURCHASER - Sanlando Land, Inc., a Florida corporation, or its successors or assigns shall be referred to herein as "PURCHASER", C. PROPERTY - The term "Property" shall mean and refer to the real property and improvements and all appurtenances thereto which are described as approximately 13 acres, (See 31, Twn 20, Rng 31, Lots 18 & 18A, Seminole County, Florida) as described in Exhibit" A" attached hereto and incorporated herein by reference. SELLER to provide correct legal description within Fifteen (15) days,of contract acceptance. D. CLOSING - The term "Closing" shall mean and refer to the act of settlement of the purchase and sale of the Property to any part thereof at which title is conveyed from SELLER to PURCHASER. E. TITLE COMMITMENT - The term "Title Commitment" shall mean and refer to the commitment for the issuance of an owners policy of title insurance, F. GOVERNMENTAL AUTHORITIES - The term "Governmental Authorities" shall mean and refer to the federal government, the State of Florida, The County of Seminole. City of Winter Springs and any agency or instrumentality of them having juriSdiction over the Property or any portion thereof and whose approval is necessary for the satisfaction of any of the conditions contained in the contract. G. TITLE COMPANY - The term "Title Company" shall mean and refer to Gulf Atlantic Title Agency, 460 W. Central Pkwy., Altamonte Springs, FL 32714 H. ESCROW AGENT - The term "Escrow Agent" shall mean and refer to Gulf Atlantic Title Agency, 460 W, Central Pkwy" A/tamonte Springs, FL 32714. 2, PURCHASE AND SALE - For the consideration :herein expressed and upon the terms and conditions herein contained SELLER agrees to sell and PURCHASER agrees to purchase the Property, - 7 - D. If the final day of period or date of performance under this contract falls on a Saturday. Sunday or legal holiday then the final day of the period or the date of performance shall be deemed to fall on the next day which is not a Saturday, Sunday or legal holiday. 17. SELLERS COOPERATION SELLER agrees to join and execute any and all instruments and documents which are necessary and are required by PURCHASER in order that PURCHASER may proceed with the rezoning. planning. site work approvals an.d development of the property for residential purposes. SELLER also gives PURCHASER permission as-the- "ContraCtual Owner" to sign any of the above mentioned documents to complete the apprbvaJ'process for'development of the property as described above~' 18. SURVEYS SELLER at his expense. is to provide PURCHASER with the certified boundary survey (currently in SELLERS possession) including all easements and right-at-ways prepared by a reputable, qualified surveyor within Fifteen (15) Days after contract acceptance. PURCHASER may obtain a "new" survey at PURCHASERS expense, 19. ASSIGNMENT PURCHASER shall have the right to assign its rights hereunder provided that its assignee shall assume all of PURCHASERS obligations hereunder, 20. ENVIRONMENTAL ETC, PURCHASER shall have a Phase One Environmental Assessment performed to determine if the property is free of contaminates. Should the Phase One Environmental Assessment (or other tests conducted by PURCHASER) show the property to have contaminates, SELLER shall have the option of removing said contaminates at SELLERS sole expense or returning all deposits paid herein to PURCHASER plus the expense of the Phase One Environmental Assessment. 21. CONDITION PRECEDENT It is condition precedent to PURCHASERS obligation to close that there be no change in developmental conditions of the property from the last day of the last inspection period to the actual date of closing which would have an adverse eHect on PURCHASERS ability to use the property as zoned. By way of example, assume that water is available to the property of sufficient quality and quantity for PURCHASERS intended use as of the end of the last inspection period and then for whatever reason, water availability becomes limited, then in such event, PURCHASER shall have no legal obligation to purchase the property. In the event of a change of an adverse nature, then PURCHASER, in PURCHASERS sole discretion shall have the right to either cancel the contract (in which case all deposits shall be returned to PURCHASER). or alternatively PURCHASER may waive said condition precedent and consummate the transaction as presently contemplated. ~ ~ /!J~ {/ ~ @: - 8 - 22. REVOCATION OF OFFER /}({~ /'l The offer contained herein shall be deemed to be null and void unless a fullYJI{}f- ~ executed copy hereof is returned to PURCHASER on or before 2:00 p,m. on~ 10, 1996 or such earlier date of which PURCHASER may notify SELLER in writing, Executed as of the last of the dates indicated by the signatures below. which shall be deemed to be acceptance date hereof for all purposes. PURCHASER: SANLANDO LAND, INC. SELLER: BY-&~~;P~ -- B~_~_~ Martha M. Button Ervintd. Button -(;J. .Q ate / - ~ --'7 / --~-------~------- Date___6_~~_~~f__ h~ )j3 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FlORIDA 32708 Telephone (407) 327-1800 APPLICATION FOR ANNEXATION APPLICANT: Sanlando Land, Inc. Last First Middle ADDRESS: 238 N. Westmonte Dr., Suite Altamonte Springs FL City State PHONE: (407) 682-7747 32714 Zip Code This is a request for annexation into the city of Winter Springs of the property described below: Address of Property proposed for annexation in the City: ADDRESS: Corner of Orange Ave. & Brantley Ave. (Tuscawilla Rd.) Winter Springs FL 32708 City State Zip Code Tax Parcel NUmber: 26-20-30-SAR-OBOO-0180 & 018A size of Parcel: 9.9 sq. ft./acres. Surburban Estates County Future Land Use Classification County Zoning Category Agriculture Intent of request for annexation into the City of Winter Springs: To receive sewer and water for a single family residential development of R 1 A minimum lots. TO BE SUPPLIED AT THE TIME OF SUBMISSION OF APPLICATION: * A copy of the most recent survey of the subj ect property. * A copy of the legal description.. * Notarized authorization of the owner (if applicant is other than owner or attorney for owner) [See below). * 11 X 17 map showing zoning and land use classifications on adjacent property. * Annexation Application Fee, which includes: * Property with legal description up to 50 words in length: $ 350 * Each additional portion thereof: increment of 50 words or $ 25 * NOTE: Property being annexed at invitation of the city is exempt from above fees. ************************************~**************************** FOR USE WHEN APPLICANT ~ THE OWNER OF SUBJECT PROPERTY This is to certify that I am the owner in fee simple of subject lands des ribed above in the Application for Annexation. URE to ~~~ ~~b r~bi'~~?me 19 :s7/1tJC- or ~/C(?/9 X- (2uu;V7'j/ <II=- S~h7 //Ja (e. Personally Known ____Produced Identification/type of I.D. expires: '. t~ MY COMMISSION # CC 472158 EXPIRES: JUly 15, 1999 Bonded ThRl NotaJy Public UndelWrilers ***************************************************************** FOR USE WHEN APPLICANT IS ~ THE OWNER OF SUBJECT PROPERTY SIGNATURE OF OWNER Sworn to and subscribed before me this_ day of 19 NOTARY PUBLIC My Commission expires: Personally Known ----Produced Identification/type of I.O. ----Did take an oath Did not take an oath ORDINANCE NO. 631 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING A 9.9 ACRE PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF ORANGE AVE. AND TUSKAWILLA ROAD PURSUANT TO 171.044 (1)( 2) and 166.041 FLORIDA STATUTES; PROVIDING FOR SEVERABILITY: CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the appl icant and owner (Sanlando Land Co. ) of the following described property has petitioned the City of winter Springs to be annexed into the City and has requested the City'S sewer and water service, WHEREAS, annexation of this parcel is consistent with the pOlicy of the Florida LegiSlature wherein the Legislature "recognizes that enclaves can create significant problems in planning, growth management, and service deliver, and therefore declares that it is the policy of the state to eliminate enclaves." WHEREAS, the City can better provide sewer and water service to the subject parcel than the county. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA HEREBY ORDAINS; SECTION I - That the City of Winter Springs annexes the following described real property: Lot 18 less the North 288 feet of the West 190 feet of Lot 18, plus Lot 18A, of Block B, D.R. Mitchell's Survey of the Levy Grant on Lake Jessup, according to the plat thereof as recorded in P1at Book 1, Page 5 of the Public Records of Seminol~ county, Florida. SECTION II - If any section or portion of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or subsection or part of this Ordinance. SECTION III - That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION IV - This Ordinance shall take effect immediately upon adoption, in accordance with 166.041(4) Florida Statutes. PASSED AND ADOPTED this____day of , 1996. CITY OF WINTER SPRINGS PAUL P. PARTYKA, MAYOR ATTEST: CITY CLERK FIRST READING POSTED SECOND READING AND PUBLIC HEARING