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HomeMy WebLinkAbout2008 09 22 Public Hearings 503 Second Reading Ordinance 2008-17 Annexation 1072 West State Road 434COMMISSION AGENDA ITEM 503 September 22, 2008 Meeting Consent Information Public Hearin X Re ular MGR. /De t. REQUEST: The Community Development Department -Planning Division requests the City Commission conduct a public hearing for the 2"d Reading and Adoption of Ordinance 2008-17, annexing a parcel located at 1072 West SR 434 (east of SR 417), equaling approximately 7.06 acres and owned by East Coast Believers Church Inc. PURPOSE: The purpose of this request is to consider the Annexation request of Applicant Greenway Professional Plaza c/o Montje Plank on behalf of East Coast Believers Church Inc. related to Tax Parcel ID # 04-21-31-300-0060-0000 at 1072 West SR 434 (east of SR 417), which totals approximately 7.06 acres and which is contiguous to the City. APPLICABLE LAW AND PUBLIC POLICY: Florida Statute Chapter 171. Municipal Annexation or Contraction. Florida Statute Chapter 171.044 (1). 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 said municipality that said property be annexed to the municipality. Winter Springs Charter Section 2.03. Annexation procedure. Winter Springs Code Section 16-77. Outdoor display/billboards--Off-premises signs prohibited.(e) (The Code states that lawfully existing off-premise sign structures within unincorporated areas of Seminole County which are annexed by Winter Springs, are to be included in the inventory of off-premise signs included in Section 16-77; however no off- premise signs are on the subject site.) CHRONOLOGY: Auk. 18, 2008- Application Received Sept. 8, 2008- 1St Reading of Ordinance 2008-17 Sept. 11, 2008- Public Noticing in Orlando Sentinel (Two times in two consecutive weeks) Sept 18, 2008- Public Noticing in Orlando Sentinel (Two times in two consecutive weeks) September 22, 2008 Public Hearing Agenda Item 503 CONSIDERATIONS: • The application petition bears the signatures of all of the property owners. • The area is contiguous with the City's existing boundaries and is currently located in an unincorporated area that is completely surrounded by the cities of Winter Springs and Oviedo. Annexation of this parcel would reduce the size of this unincorporated area and does not create any enclaves. • The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. • Theparcel is vacant. • The City has capacity to provide this parcel with the same urban services provided to other areas of the City. • City water and sewer service is currently available along the north side of S.R. 434. • No off-premise sign structures exist on the property under consideration. • The subject property is currently designated "Commercial" with "Conservation Overlay" on the County Future Land Use Map. Properties within the City's jurisdiction to the west and south are designated Greeneway Interchange District. Properties to the north are designated Conservation. • The subject property is currently designated "A-1" on the County Zoning Map along with the adjacent property to the east. Properties within the City's jurisdiction to the west and south are designated Greeneway Interchange District. • Adjacent property owners have been notified. • The property has been posted. • If the property is annexed, the Applicant's request for a Small Scale Comprehensive Plan Amendment changing the Future Land Use to "Greeneway Interchange District" with "Conservation Overlay" on those affected areas and the request for Rezoning to "Greeneway Interchange District" will then go to the Planning & Zoning Board and Local Planning Agency for recommendation. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a public hearing for 2nd Reading and Adoption of Ordinance 2008-17, that annexes one (1) parcel contiguous to the City, at 1072 West SR 434 (east of SR 417), equaling approximately 7.06 acres and owned by East Coast Believers Church Inc. IMPLEMENTATION SCHEDULE: Sept. 22, 2008- 2°d Reading and Adoption of Ordinance 2008-17 Sept. 29, 2008- Copies to be filed with the Seminole County Clerk of Circuit Court, the Seminole County Manager's Office, and the Department of State within seven (7) days of adoption. ATTACHMENTS: A. Application for Annexation with property owner signatures B. Public Noticing in Orlando Sentinel C. Ordinance 2008-17 with location map and metes and bounds description COMMISSION ACTION: ATTACHMENT A CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5967 FAX:407-327-6695 APPLICATION FOR ANNEXATION AND SUBSEQUENT COMPREHENSIVE PLAN AMENDMENT & REZONING PETITION Greenway Professional PIa7a, LLC c/o APPLICANT: Plank Montie S Lsst First Middle MAILING ADDRESS: 500 N Maitland Ave Suite 110 _ Maitland FL 32751 Ciry State Zip Code PHONE: 407-599-7009 If Applicant does NOT own the property: PROPERTY OWNER: _ Church East Coast Believers. Inc Last First Middle MAILING ADDRESS: 555 SR 436 Suite 1002 Casselberry FL 32707 Ciry State Zip Code PHONE: 407-774-3222 This request is for the property described below: PROPERTY ADDRESS: 1072 SR 434 . Oviedo FL TAX PARCEL NUMBER: 04-21-31-300-0060-0000 SIZE OF PARCEL: Square Feet Acres Please state the reasons or justification for your Annexation, Comprehensive Plan Amendment (Future Land Use Change), and Rezoning request: To promote development upon the specific site that is consistent with the City Greenway Expressway land Use & Zoning designations Current COUNTY FUTURE LAND USE Classification: Commercial Request for a Change to C1TY of Winter Springs FUTURE LAND USE Classification: Greenwav Interchange with Conservation overlay If you are requesting an Amendment to the Goals, Objectives, & Policies of the City's Comprehensive Plan, set forth the proposed Amendment in detail and provide supporting documentation. Current COUNTY ZONING Classification: A-1 Request for a Change to CITY of Winter Springs ZONING Classification: Greenway Interchange March 2005 ANNEXATIONS, COMPREHENSIVE PLAN AMENDMENTS and RELONINGS are subject to the Approval of the City Commission. Each action is only effective when the Notice and Vote Requirements of Chapter 166 and 171, Florida Statutes have been achieved. COMPREHENSIVE PLAN AMENDMENTS are subject to the Approval of the City Commission. Each action is only effective when the Notice and Vote Requirements of Chapter 166 and 171, Florida Statutes have been achieved. LARGE SCALE COMPREHENSIVE PLAN AMENDMENTS are subject to Approval by the Florida Department of Community Affairs and are not effective until the Department of Community Affairs issues a "Notice of Intent" to find the Comprehensive Plan Amendment in compliance with the requirements of Chapter 163.3184 and 163.3187, Florida Statutes. Unless otherwise provided bylaw, the Comprehensive Plan of the City of Winter Springs shall be amended only price per year in accordance with 163.3187(1) F.S. and Winter Springs Code of Ordinances, Section I5-32 as fnl lows: ~lication submittal deadlines• Sprrng- No later than 5:00 p.m. on the first Wednesday in February. The application(s) will be reviewed at a meeting of the local planning agency to be held in April or as otherwise practicable. Fa!/- No later than 5:00 p.m. on the first Wednesday in August. The application(s) will be reviewed at a meeting of the local planning agency to be held in October or as otherwise practicable. SMALL SCALE AMENDMENTS may be approved without regard to statutory limits on the frequency of consideration of amendments to the Comprehensive Plan under the conditions approved by law. (see 163.3187 F.S.). APPLICANTS are advised, that if they decide to appeal any decisions made at the meetings or hearings, with respect to any matter considered at the meetings or hearings, they will need a rewrd of the proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which includes the testimony and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes. THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION (Also include a pdf of the entire submittal oackaael: ^ A copy of the most recent SURVEY of the subject property with METES AND BOUNDS DESCRIPTION. ^ A copy of the LEGAL DESCRIPTION. ^ 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. ^ JUSTIFICATION for the Request. ^ NAMES and ADDRESSES of each property owner within 150 ft. of each property line. ^ Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). ^ APPLICATION FEES: FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION, and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be required in connection with the review, inspection or approval of any development (based on accounting submitted by the City's Consultant) ,payable prior to approval of the pertinent stage of development. ANNEXATION $ 500 $ 500 PRE-ANNEXATION AGREEMENT (Optional) $ 1000 $ COMPREHENSIVE PLAN AMENDMENT *per Applicant $ 500 Small Scale (Generally 10 acres or fewer) $ 500 Large Scale (Generally More than I Oacres; Text Amendments) $ 1000 REZONING per Applicant $ S00 $ 500 _ Plus $ 25/acre $ 200 • Pursuant to Chapter 163. Florida Statutes. TOTAL DUE ~ S 1700 M1tarch 21MI5 By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject property for purposes of evaluating this application. rs*rrsi*~ss*rs*tss*s*rr~#tr*rtsrrr*#sa•s*+stsssrssssrsrs•s-+~sssssssrssrs*sssr+srissss FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY: This is to certify that ~ n fee simple of subject lands described within this Application for Annexation an equent C rehensive Plan Amendment and Rezoning Petition: Signet re of caner CC Sworn to and subscribed before me this d~A'1 ~ ~Q{~.J ~5 7~+ _ day of ~C~(iJT _ 20 ~ 8. Notary Public My Commission expires: Personally Known Produced Identification: (Type) _ Did take an Oath Did Not take and Oath ~ ////////////^//////N//////////////~///////// SUSAN D. GORDON a?'~,iRV~'"~ Commtl DD0693386 ~~~ ~ E~lro< (~; ''n19 ••.tsss~r*+•ss********sr+r*++***+*tt**~..r*s«*tt*t*rrs*~++**r*+«**r*+*+rs**~*sa*s***** FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PROPERTY: I, Norman Dubois. Pastor of Church East Coast Believers do hereby, with my notarized signature, allow Greenway Professional Plaza, LLC c/o Montje Plank to represent me in the Annexation and Subsequent Comprehensive Plan Amendment and Rezoning Petition of my property. The property is identified as: Tax Parcel Number(s) 04-21-31-300-0060-0000 Located at 1072 SR viedo F and as further identified on es an B ds description provided with this Application. Signatu Owner(s) Sworn to and subscribed before me this o~n~ I~~ day of ~-t6Llof 20~. Notary Public My Commission expires: 1/ Personally Known ru/n//uo/////////°/°/uuo.unnoon Produced ID: (Type) _ ~ SUSAN D. GORDON _ Did take an Oath 3 ~~u~~ Comm# DD0893386 e Did Not take and Oath Expires 8110/2019 ~~M1,~~~ Florida Neta~ n ~: March 2(M)5 ~_ N ~~ ~.~ ~ \ ~' ~ ~: R' O ~ ~ ~ ~ ~~ 1: ~a ~f '~d t~ ~b ~ '~ a ~ ~° ~~~ ~ H z~~ ~~~ °' w to dz~ ~ ~~ a~ W r~ ,,~ ~ 'y r o ~, _. x ~~ z~~ ~~ Ptepsred By: Prepared For. CENTkAL FI.OAIDA LAND DESIGN COxrORATION 500 Norfh Maiflond Avenue, Suite 110 Greenway Professional Plaza, LLC Maitland, Florida 32751 1490 Sunshadow Drive, Suite 2020 phone Number: (407) 599-7009 CBSSe~be(fy, FL 32707 Fax Number: (407) 599-0790 Phone: 407-T61-1154 Email: info@cfldc.com EB No. 8185 o ~o w -J a ~„ : O N r N r N r N r N r N a N r ~J r N u W w .- ` ~ ~ ~ ~ _ ~ ~ W ~ ~ ~ ~ ~ . n n ~ ~ 4~ 7 n » > > i . ~ c n n n n n n y ~ ~ ~ a ~ ~ o ~ ~... _ _. _ JnSI I '~... _.~~ ~ III nOal Ilf?a Al Iedu10.i1LL •G~~q.• Olrlando Sentinel ~ THURSDAY, SEPTEMBER 11, 2008 F~"~. .~ l..e ~I~V ~.!'.~ ~+~ ' court on the 1rd day of December, TOOB at 4:J0 p.m. In tM IN N ANIO FSR ORANGE COUNTY,JFIORIpACIR- • Oronge County Courthouse, 145 North orange Avenue, F 'ACTION Heorinp Room 1100.04, Orlando, Florida, 72801, ror~an Or• F CASE ~_ 11.7801•CA•011614~,. der of Taking in this cause. All Respondenn fa This suit DI DMSNIN 83„ may request a hearing at the time and place designated SANK E1.6, and M heard. Any respandenl falling to file a request for FII hearing shall vrorve any right to object to the Order of Di a Tokinv. YANG M Y. AND IN OASIT(S1 A NOTICE Of fOBECLDEURE fAIE y Each Respondent is Mrebv required to serve written de• N tenses, if any, and request o hearing, if desired, to said De r Petition an: IIEAEIppY BIYEN punuWp1auuN to a Amended Final Judea A•01~595-0 ~ 1helClrculf CouhNOgftrl~heiNINTH Nu ' JAY W. SMALL Ircull In and far ORANGE Cou t Flori~ ~ Wilson, Garber' i Small, P.A, Th n INDpoYMAC gg``ANK F.S.B. Is the PlgglntlH and R~EE• ' 17) North Magnolia Avenue ast OWNERS A55041ATIONN~tJI~o i flit Difend• Orlando„FI J4601 W (107) 611-1311 wh w II all to 1M h pMst and.best bidder for cash at ~na ~ COUNTY COURTHODUSE RCNOOM 03590, /1SptyOj~~ ' on.ar before tM I11h day of October 1W6 and fo Hle 1M A ,EEEtAVSEN~~rTm',MR M 93RD Cav o~ CStR~mbe7 • onaplnol of your written defense and request for MOrln Pr p/j 1~1 ~a•• t p~ wf1A the Clerk of thla Court ffliMr befan servlcft on Pete dr +ollowing sltunhed properri m r lorth Tn sold ~, boner's attorney or ImmediaNlY thereaft•r, fo 61gW wtlat an UdgrtNnt, to wit: right, Ilfle, Interest M lien yo ar any of you how in to i'. 1M property described In Me ~etition and sMw muse, I( FI ~ E p~pIpG TO THE f~T TNEpEOF E any rou have, why the sxoperiy should not be condemned an ~ tl AN0 ~ ~ THE fUEUC ~~ ' far the uses and purposes as wt forth in the Petition. If so I ou fail to answer a default may be entered against You th i for tM rNkf demanded In the ostitbn. It rou toll fo re- tlv ~~ YIETA BOUlE11A110, ORtA1W0, tT. >mN guest o hearing on the Petition Mr Order of Taking you MI j 'shall waive any right to ohjecl fo said Order of Taking. ' rson clalmlrtg an Interest In the surplus from tM CLLYDIA GApRDNER del onr, 91her than fM properri owrk~ as of iM dole CLOIEIRT SEALHE CIRCUIT COURT In is perldens, must file o cWlm wlMln f0 days ott~~'~ BY:/tlMarra I. Cru: w SS MY HAND and iM seal o} this Court on SEP OS! Deputy Clerk Is i£ COR63D195-SEPT.11,18 }h CLERK OF THE CIR~U~T C~Ufil ~ ~ ~~ E E CRY~~ DISE ~ UIT COURT SEAL) Br: KdiMrlne Bfrnal~ ~NMi08 ADOR • E NI{WWINi FI Oepu}y CIeAc ORD N0.700411 q eer wW Obs10t8ei SE , n e ptw N ~~ dissM wM sseYe~t ~esolwstrt ols ~p.v d H Wlrre . swM wo Mlitn~306p4tplsM~a~ ,s~ee~l . ho • wll F6g6•W7JLa6 « ee Og , th~ 61 9/11, 16, 1008_ M ' D E ON 9/ S/OB A IN AND FOR ORANGE, ' P .M. ATd1W UNIIVER• COUNTY, FLORIDA I • NO • B VD. WINTER F MPRbSPECTEIVE •• WI ~LES THE DAY'BE CASE N0.:1000•CA•M16S3}, • , 0 FROM 9: AM . N- . ' TI :DD PM. TFRMS ARE BANK OF NEW YORK AS ~ ,~~_ FL OR CERTIFIED TRUSTEEE FOR THE CER-" 1 ~ ~ 1K •. ~ ,., CO DS ONLY. TIBBITS TIFICATE OLDERS ~~ ,~ ~ , ,, ; '' ER RESERVES TM CCWALT IN ALTERNA•" ky ~ T TO ACCEPT D~ TIVE LEAN RUST ~~ppppS5..AI ., : , NO CT ANY AND ALL MORTGAGE PASS- . ~ c i '' ~ ~ ' ~~ TI THROUGHH CERTIFI= ' ~, ,, ~ `~~y~ +,~ ~>~ ~ FO CATES, SERIES 1005.81, . ~. i CL Y ~P5/Uppq5p1 Plolnlltt ~ :~~ ~~ j: :,i.::>i>.,. ~.%''~s"•,'.>~` OF ?'r11•SEPT.II vs. , ~ ~ :" ~~ ~h 4,i•ti~ ~~ T YYEeENi. ANGELA MARIA A!K/p,' '~ r.,w of weeping over your ANGELA M. CASTANO AJ- ' ~i~c/~ ~` ~ x ~''>'.; Se valuable. Find them K/A ANGELA CATAN~ •^ ' <`~ :. •.~.7X" •.- ,'~}.,~~~~ Ps hi Fent~ I CWSSifleds AIDA MARY LOZANO A/`~ ti t ou K/A A. MARY LOZANO; `~..`,yy, " ' Do UNKNOWN SPOUSE OF , ~ 1 . , < t ~ a , ANGELA MARIA A/K/A ^ ANGELA M. MASTANO A/ .,~. ~ ~ K/A ANGELA CASTANO• ti '•~ Atf NKNOWN SPOUuSE 0~ ~.~ `, , ;.:.,,.~i Pe E C~G GN A~ AIDA MARY cOZANO A/ M~ K~ ~A. MARS LOZANOI RUNE Of E1.151.06 Of IOEFNTUIIE wa uan gK~firtnp, o~d !,1 00 u.S~Cui d on about d D/06 at or oDout Defendants. ' NOTICE OF ACTION SL5699018•SE PT.11,16 ICE "OF A COPY OF THIS I , , INO tfE ON THEM. , 71ff ORAMI, FL 37137 -- re- 17015 PLANTATION PARK le 4 APT 10 _ . fled ORLANDO, FL 37811 (w~ ~1NKNOWN• S~POl15E,6F ATTACHMENT B ADDPAIT SAS IJI. OII E~~F6EAA~FT~1`ElJ! ON - 111ii EA6T EWTATE ~~ W~I~NTFNII fPstRN10R IiE ATTACHMENT C ORDINANCE N0.2008-17 AN ORDINANCE OF THE CITY COMNIISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING ONE (1) PARCEL OF REAL PROPERTY CONTAINING 7.06 ACRES, MORE OR LESS, LOCATED AT 1072 WEST STATE ROAD 434 WITHIN SEMINOLE COUNTY, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE II, TERRITORIAL BOUNDARIES, TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH THE DEPARTMENT OF STATE, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, this is a voluntary annexation which shall be pursuant to the annexation procedures contained in section 171.044, Florida Statutes; 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 WHEREAS, this annexation is in compliance and consistent with the goals and objectives of the City of Winter Springs Comprehensive Plan, City Charter, and City Code; and WHEREAS, upon adoption of this Ordinance, the municipal boundary lines of the City of Winter Springs, contained in the 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 OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. City of Winter Springs Ordinance 2008-17 Page 1 of 3 e tion 2. 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. The real property shall be known as existing within the boundaries of the City of Winter Springs, Florida, from the effective date of this Ordinance. Section 3. City Boundaries Redefined; Winter Springs Charter Amended. Pursuant to section 166.031(3), Florida Statutes, and section 171.091, Florida Statutes, the City of Winter Springs Charter, Article II, Section 2.01, shall hereby be amended to redefine the corporate boundaries of the City of Winter Springs to include the area of real property described in Section 2 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 from the effective date of this Ordinance. The City Clerk shall also file this Ordinance with the Clerk of the Circuit Court of Seminole County, the Chief Administrator of Seminole County, and the Department of State within seven (7) days of the effective date. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. 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 the validity of the remainder hereto as a whole or part thereof to be declared invalid. Section 6. Effective Date. This Ordinance shall become effective upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. (Adoption and Signatures on next page) City of Winter Springs Ordinance 2008-17 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2008. John F. Bush, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: _ Second Reading: Effective Date: City of Winter Springs Ordinance 2008-17 Page 3 of 3 EXHIBIT A Legal Description: THE NORTHWEST 1/4 OF THE NORTHEAST 114 OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, (LESS THE SOUTH 392.42 FEET OF THE EAST 208.71 FEET AND THE WEST 147.58 FEET OF THE EAST 356.29 FEET OF THE SOUTH 152.58 FEET THEREOF), SAID LAND BEING IN SEMINOLE COUNTY, FLORIDA, (LESS ROAD AND RAILROAD RIGHTS OF WAYS), AND LESS THAT PORTION GIVEN TO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN THAT CERTAIN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 2295, PAGE 1835, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Metes and Bounds Description: COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 4; THENCE RUN N.89°51'53"E. ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 4 A DISTANCE OF 1355.43 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 4; THENCE RUN S.00°34'27"E. ALONG THE EAST LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 32.00 FEET TO THE POINT OF BEGINNING. THENCE LEAVING SAID EAST LINE RUN N.89°51'53"E. 677.68 FEET; THENCE S.00°30'59"E. 234.11 FEET; THENCE S.89°44'18"W. 208.71 FEET; THENCE S.00°30'59"E. 239.84 FEET; THENCE S.89°44'18"W. 147.58 FEET; THENCE S.00°30'59"E. 130.87 FEET; THENCE N.83°45'43"W. 323.05 FEET; THENCE N.00°34'27"W. 569.75 FEET TO THE POINT OF BEGINNING. CONTAINING 7.06 ACRES MORE OR LESS. . ~ Cf=i"~~Ei~E® OAT 0 3 2008 ORDINANCE NO.2OOH-17 CIT' OF WINTER SPRINGS OFFICE OF THE CITY CLERK AN ORDINANCE OF THE CITY COMMISSION OF THE m m m ~ z m ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA, ANNEXING ONE (1) c aoot s75+~ ,~ ~ s -+ Z ~ _ PARCEL OF REAL PROPERTY CONTAINING 7.06 ACRES, rd,.,Hmxs'rz d z d ~ s+ m m MORE OR LESS, LOCATED AT 1072 WEST STATE ROAD ~ ~ ~ N ~ o a 434 WITHIN SEMINOLE COUNTY, FLORIDA, AND ~' ~ ~ ~ ~ ~ m LEGALLY DESCRIBED IN EXHIBIT "A" ATTACHED ~ ~ ® N HERETO; PROVIDING FOR THE AMENDMENT OF o ~nm B I m ~ ~ ~ : ~ WINTER SPRINGS CHARTER, ARTICLE II, TERRITORIAL a ~ ~ o o = BOUNDARIES, TO INCORPORATE THE REAL PROPERTY ~ ®~ INTO THE CITY BOUNDARIES; PROVIDING FOR THE °° ~ ~ ~ ~ w ~ FILING OF THE REVISED WINTER SPRINGS CHARTER 3 = WITH THE DEPARTMENT OF STATE, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES ~' ~ AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE _ DATE. WHEREAS, this is a voluntary annexation which shall be pursuant to the annexation procedures contained in section 171.044, Florida Statutes; 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 WHEREAS, this annexation is in compliance and consistent with the goals and objectives of the City of Winter Springs Comprehensive Plan, City Charter, and City Code; and WHEREAS, upon adoption of this Ordinance, the municipal boundary lines of the City of Winter Springs, contained in the 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 OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. City of Winter Springs Ordinance 2008-17 Page 1 of 3 CERTIFIED CORD ~= ~' - - ~~ti:~~_=i.K C,iY OF N"N'~R SPRINGS, FLORIDA AGE I-~' OF BY:~ " ~. Section 2. 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. The real property shall be known as existing within the boundaries of the City of Winter Springs, Florida, from the effective date of this Ordinance. Section 3. City Boundaries Redefined; Winter Springs Charter Amended. Pursuant to section 166.031(3), Florida Statutes, and section 171.091, Florida Statutes, the City of Winter Springs Charter, Article II, Section 2.01, shall hereby be amended to redefine the corporate boundaries of the City of Winter Springs to include the area of real property described in Section 2 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 from the effective date of this Ordinance. The City Clerk shall also file this Ordinance with the Clerk of the Circuit Court of Seminole County, the Chief Administrator of Seminole County, and the Department of State within seven (7) days of the effective date. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. 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 the validity of the remainder hereto as a whole or part thereof to be declared invalid. Section 6. Effective Date. This Ordinance shall become effective upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. (Adoption and Signatures on next page) City of Winter Springs Ordinance 2008-17 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 22"d day of September, 2008. 7`; Joh .Bush, Mayor ATTEST: Andrea orenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney F1rst Reading: _ September 8, , 2008 Second Reading: September 22, 2008 Effective Date: section 6. City of Winter Springs Ordinance 2008-17 Page 3 of 3 EXHIBIT A t.' ! /. .~. -i l s:. J~ `/ ?~ ~ .~ ~ i// `.. r'f ~/ iY>~/Y r / i.. 'rt ~ ' ./ ~~ ~ ~ ~ ~~ ~ ~ ~, Subject / y ~ F ~ ~ ~~ ~ < ~ ,~ ° .J ,~ ~~ Parcel x r •' Y ~ K , ~ ~ ~;. ,ter<; ,c <, , f ~ . ~ , ; } k ~ ~ f~V~ED !~/ /fix ~ / /v h~ ~ i . / l s ~ / : ~ ~<k4 ~ ' }r _ ___ _. _- . I ,l F~, ~ /1 ' K t v s ;:x F Y, ,Y , r l,,~ >./ l Legal Description: THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, (LESS THE SOUTH 392.42 FEET OF THE EAST 208.71 FEET AND THE WEST 147.58 FEET OF THE EAST 356.29 FEET OF THE SOUTH 152.58 FEET THEREOF), SAID LAND BEING IN SEMINOLE COUNTY, FLORIDA, (LESS ROAD AND RAILROAD RIGHTS OF WAYS), AND LESS THAT PORTION GIVEN TO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN THAT CERTAIN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 2295, PAGE 1835, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Metes and Bounds Description: COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 4; THENCE RUN N.89°51'53"E. ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 4 A DISTANCE OF 1355.43 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 4; THENCE RUN S.00°34'27"E. ALONG THE EAST LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 32.00 FEET TO THE POINT OF BEGINNING. THENCE LEAVING SAID EAST LINE RUN N.89°51'53"E. 677.68 FEET; THENCE S.00°30'59"E. 234.11 FEET; THENCE S.89°44'18"W. 208.71 FEET; THENCE S.00°30'59"E. 239.84 FEET; THENCE S.89°44'18"W. 147.58 FEET; THENCE S.00°30'59"E. 130.87 FEET; THENCE N.83°45'43"W. 323.05 FEET; THENCE N.00°34'27"W. 569.75 FEET TO THE POINT OF BEGINNING. CONTAINING 7.06 ACRES MORE OR LESS.