HomeMy WebLinkAbout2000 12 11 Regular A Municipal Sewer and Water Services
COMMISSION AGENDA
ITEM A
Consent
Informational
Pu bUe Hearing
Regular X
December 11. 2000
Meeting
REQUEST: The Community Development Department-Planning Division requests the
City Commission consider approving a proposed Annexation Agreement between
the City and Wayne P. and Robin R. Roberts that will extend municipal sewer and
water services to property located outside the city limits. Annexation can occur at
such time as the City deems appropriate.
PURPOSE: The purpose of this request is for the Commission to approve a request by Wayne
P. and Robin R. Roberts to extend municipal sewer and water services to property located at
1120 Orange Avenue. The agreement requires the property owners to contribute $5000 toward
the construction costs.
APPLICABLE LAW AND PUBLIC POLICY:
Allen's Creek Properties, Inc. v. City of Clearwater, 679 So. 2nd 1172 (Fla. 1966).
The provisions of 171.046(1) F.S. which states: "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."
The City has expressed an interest in annexation in the past.[ ref. 8-14-95 City Commission
meeting].
DECEMBER 11,2000
REGULAR AGENDA ITEM
Page 2
CONSIDERA TIONS:
. Wayne P. and Robin R. Roberts, owners of real property located at 1120 Orange Avenue,
adjacent to Central Winds Park and contiguous to the City's corporate boundary, have agreed
to allow annexation of their property at such time as the City deems appropriate in return for
extending sewer and water services to their property.
. The owners have signed an Annexation Agreement with the City agreeing to pay $5000 to
extend water and sewer lines to their property.
/
. In addition to the $5000 construction contribution, the property owners must pay connection
fees as outlined below.
Connection fee
Deposit
Application fee
Inspection fee
TOTAL
$2382
90
15
-2.Q
$2507
FISCAL IMPACT:
None
STAFF RECOMMENDATION:
Staff recommends the Commission consider for approval a proposed Annexation
Agreement between the City and 'Wayne P. and Robin R. Roberts.
ATTACHMENTS:
A. Proposed Annexation Agreement
B. Location of Roberts' property
C. Letter from Mr. & Mrs. Roberts
COMMISSION ACTION:
ATTACHMENT A
CITY OF WINTER SPRINGS
ANNEXATION AGREEMENT
TIDS ANNEXATION AGREEMENT is made this _ day of
2000, by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal
Corporation ("City"), whose address isl126 East State Road 434, Winter Springs, Florida 32708,
and WAYNE P. ROBERTS and ROBIN R. ROBERTS, whose address is 4203 Metric Drive,
Winter Park, Florida 32792 ("Owners").
RECITALS:
WHEREAS, the City, acting by and through its City Commission, has under consideration
a request by the Owners for sewer and/or water service to lands owned by the Owners and located
outside of the City's municipallimi.ts, said lands ("Property") being more fully described in Exhibit
"A", which is attached hereto and made a part hereof by reference; and
WHEREAS, pursuant to the policies of the City of Winter Springs, in order to obtain sewer
and/or water service outside the mWlicipal corporate limits of the City of Winter Springs, the Owners
must enter into a binding agreement to annex the Property at such time as the City may determine,
by law, that it is in the best inten:sts of the City to annex the Property into the City of Winter
Springs; and
WHEREAS, the parties hereto wish to set forth herein their respective intentions as concerns
annexation and the duties, and obligations, and privileges resulting therefrom; and
WHEREAS, Owners acknowledge and agree that the City could suffer a loss of revenue and
would be unable to ensure adequate services to its own residents if Owners were to receive sewer
and/or water service from the City without the condition of executing this Annexation Agreement;
and
WHEREAS, the Owners acknowledge that the condition of executing this Annexation
Agreement prior to obtaining sewer and/or water service from the City is a reasonable and lawful
condition. Allen's Creek Properfi.es, Inc. v. City of Clearwater, 679 So. 2d 1172 (Fla. 1996).
NOW, THEREFORE, in eonsideration of the mutual covenants herein contained and other
good and valuable consideration passing between the parties hereto, receipt and sufficiency of which
is hereby acknowledged, be it agreed and committed as follows:
1.
Recitals.
The parties agree that the foregoing recitals are true and correct and
are hereby fully incorporated into this Annexation Agreement by this reference.
2.
Effective Dateffermination.
This Annexation Agreement shall become
effective upon execution by both parties and shall remain in effect until the Property is actually
annexed into the City of Winter Springs or sewer and/or water service provided by the City is
permanently discontinued. Upon termination, this Annexation Agreement shall become null and
void and all the parties shall have !no further obligations under this Annexation Agreement to each
other.
3 . Water and Sewer Service. In consideration of Owners paying the City an amount
equal to Five Thousand and no/l00 Dollars ($5,000.00), City agrees to run and install a water and
sewer line along Orange Avenue to the Owners' property line abutting Orange Avenue. The City
will install the water and sewer line in accordance with the City's plans and specifications within
ninety (90) days of the City receiving the Five Thousand and no/l 00 Dollars ($5,000.00) payment
from Owners. Owners shall be: solely responsible for the installation and payment of any
infrastructure (including pump station) required to connect Owners' house to the water and sewer
line installed by the City on Orange Avenue. Owners' installation shall first be approved by the City
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subject to the City's sewer and/or water connection guidelines. Owners shall comply with all City
policies, whether written or otherwise, regarding the connection to, and use of, the City's sewer
and/or water system. The City shaU have the right to inspect any and all sewer and/or water lines
and appurtenances installed by Owners to connect to the City's sewer and/or water system. Owners
agree to pay any and all sewer and/or water fees, charges, assessments, and other costs adopted by
the City which directly or indirectly relate to the connection to, and use of, the City's sewer and/or
water system.
4. Annexation. At sllch time the Property should ever become eligible for annexation,
the Owners hereby consent to the annexation of the Property by, arid to, the City. Notwithstanding
any other provision of this Annexation Agreement, the decision as to whether annexation of the
Property is in the best interests of the City, and should be accomplished under this Annexation
Agreement, shall be made according to the sole and absolute discretion of the Commission of the
City of Winter Springs. Nothing in this Annexation Agreement shall be construed to create a
binding obligation on the City to cumex the Property at any time.
Eligibility for annexation shall be determined by the City in accordance with Chapter 171,
Florida Statutes, the Charter of the City of Winter Springs, and such ordinances as adopted by the
Commission of the City of Winter Springs. A determination by the City that the Property is eligible
for annexation shall be binding on the Owners. Owners hereby waive any right to object to, or
appeal, the City's decision to annex the Property. Furthermore, Owners hereby agree not to register
any written or verbal opposition to the City's annexation of the Property.
5.
Annexation Petition.
Upon request by the City, the Owners agree to execute
any and all reasonable instruments to effectuate the annexation of the Property, providing the City
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has determined, in its sole and absolute discretion, the Property is eligible for annexation. The
Owners shall have thirty (30) days to execute the instruments necessary to annex the Property into
the City. In the event the Owners fail or refuse to execute the instruments, this Annexation
Agreement shall constitute the required Petition for Annexation pursuant to Chapter 171, Florida
Statutes.
6. Zoning And Comprehensive Plan Designations For Annexed Property. The City
agrees that the Commission of the City of Winter Springs shall consider annexing the Property with
substantially similar and comparable zoning and comprehensive plan land use designations as
imposed by Seminole County upon the Property at the time of annexation, or as altered by
application of the Owners. The Ci.ty zoning and comprehensive plan land use designation shall be
considered by the Commission for approval, disapproval, or modification pursuant to applicable state
and local law. In no way whatsoever shall this paragraph be construed as a contractual obligation
of, or promise by, the City to give the Property a predetermined City zoning and comprehensive plan
land use designation.
7.
Compliance With Laws and Regulations.
Owners shall comply with all
requirements of federal, state, and local laws, rules, regulations, standards, and/or ordinances
applicable to the annexation and sewer and/or water services under this Annexation Agreement.
For purposes of this paragraph, loeallaws include, but are not limited to, all ordinances, rules, and
regulations ofthe City relating to annexation and sewer and/or water services regardless of the fact
the Property, while located outside of the City boundaries, is not technically under the jurisdiction
of the City.. Owners and City agree that all such City Ordinances, rules, and regulations, as may be
4
amended or adopted from time to time, are hereby fully incorporated into this Annexation Agreement
by this reference.
8.
Owners' Representations and Warranties.
Owners represent and warrant
that Owners possess fee simple titl.e to the Property, that Owners have full power and authority to
enter into this Annexation Agreement, that the undersigned are vested with full authority to execute
this Annexation Agreement on behalf of Owners, and that upon execution of this Annexation
Agreement the same will be fully binding and enforceable according to its terms.
9. Recordation. The Owners agree and consent that this Annexation Agreement shall
be recorded in the office of the Clerk of Circuit Court in and for Seminole County, Florida, and that
all costs of recording shall be paid by the Owners.
10.
Binding Effect.
Both parties agree to sign all papers necessary to carry out the
foregoing Annexation Agreement. The provisions of this Annexation Agreement shall be binding
upon the heirs, personal representatives, successors and assigns of the respective parties.
11.
Attorneys' Fees.
In the event of litigation arising out of or relating to this
Annexation Agreement, the prevailing party shall, to the extent permitted by law, be entitled to
recover all its reasonable expenses, including attorneys' fees, costs, and other expenses reasonably
and necessarily incurred, through all administrative, trial, post judgment, and appellate proceedings,
to the extent permitted by law.
12.
Counterparts.
This Annexation Agreement may be executed in several
counterparts and each counterpart shall constitute an original.
13.
Headines.
All headings in this Annexation Agreement are for convenience only
and shall not be used to interpret or construe its provisions.
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14. Severability. If a word, sentence, or paragraph herein shall be declared illegal,
unenforceable, or unconstitutional, the said word, sentence, or paragraph shall be severed from this
Annexation Agreement, and this Annexation Agreement shall be read as if said illegal,
unenforceable, or unconstitutional word, sentence, or paragraph did not exist.
15. Waiver. Failure of the City to insist upon performance within any time period or
upon a proper level or quality of performance shall not act as a waiver of the City's right to later
claim a failure to perform on the part of the Owners.
16.
Governing Law/Jlllrisdiction.
The parties hereto agree that the state or federal
courts located in the State of Florida shall have the exclusive jurisdiction over the parties and the
subject matter of any litigation between the parties arising hereunder. For purposes of state court
action, venue shall lie in Seminole County, Florida, and for purposes of federal court action, venue
shall lie within Orlando, Florida.
17. Notices. All notices of any type hereunder shall be given by U.S. mail or by hand
delivery to an individual authorized to receive mail for the below listed individuals, all to the
following individuals at the following locations:
TO THE CITY:
City of Winter Springs
City Manager
City of Winter Springs City Hall
1126 East State Road 434
Winter Springs, Fl. 32708-2799
Phone: 407-327-1800
Fax: 407-639-7575
TO THE OWNERS:
Wayne P. Roberts and Robin R. Roberts
4203 Metric Drive
Winter Park, Florida 32792
6
Notice shall be deemed to have been given and received on the date the notice is physically received
if given by hand delivery, or if notice is given by first class U.S. mail, postage prepaid, then notice
shall be deemed to have been given upon the date said notice was deposited in the U.S. Mail
addressed in the manner set forth above. Any party hereto by giving notice in the manner set forth
herein may unilaterally change the name of the person to whom notice is to be given or the address
at which notice is to be received.
18.
Draftine.
City and Owners each represent that they have both shared equally in
drafting this Annexation Agreement and no party shall be favored or disfavored regarding the
interpretation of this Annexation Agreement in the event of a dispute between the parties.
19. Sovereign Immunlly. Nothing contained in this Annexation Agreement shall be
construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida
Statutes, or other limitations imposed on the City's potential liability under state or federal law.
20.
Modification.
This Annexation Agreement shall only be modified by a
written instrument executed by the parties hereto or any successors, assigns, heirs, or representatives
thereto.
IN WITNESS WHEREOF, the parties hereunto set their hands and seals the day and year
first above written.
Signed, Sealed and Delivered
in the presence of
/
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AYNE P. R~~RTS, Owner
Print Name: <: L_~ '"2I~ /,..J c~'n~
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Print Name: /' '/. ~ ~~
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RO IN R. ROBE TS, 0 er
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STATE OF FLORIDA
COUNTY OF SEMINOLE
L..ll J.I hereby certify. that t.he foregoing instrument was acknowledged before me this!} Iday of
I DOfJrJ1..4Llf'1 ,~OO~,by WAY~~E P. ROBE~TS~ 0 ~ho is personally known to me, or~ho has
producedf-/Cli'i.eu. I< 1/c.3 - f/i~ - 9 if - as IdentIficatIOn.
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STATE OF FLORIDA
COUNTY OF SEMINOLE
L/1 ';. . . . ,I hereby certifY that the foregoing instrument was acknowledged before me this :J Iday of
/ / LLt~.fJ'L,t^-e~2000,bY ROBIN R. JROBERTS, 0 who IS personally known to me, or ~ho has
produced Idf ~j f?)h3 ~ '7 g~, .- as identification.
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STATE OF FLORIDA
COUNTY OF SEMINOLE
I hereby certify that the foregoing instrument was ac
~ g0(L- ,2000, by -
~ho is personally known to me, or 0
identification.
owledged before me this / ~ '-II\. day of
of \&vde 10 5~wr- '
roduced as
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NOTARY PUBLIC
11 Deborah l Gillespie
* * My Commission CC920806
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RECORDED & VERIFIEC
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THIS WA.RRANTY DE:ED made and executed the ~~ day of 1Z1r:; ,A.D.. _ . "r.r.
1998. by Wll..LIAM LEE SANDERS, JR., whose mailing address is PoS{ Of ~ Box 2071,
Columbus, Mississippi 39704 ("GRANTOR~) to WAYNE P. ROBERTS and ROBIN R.
ROBERTS, husband and wife, whose address is\("GRANTEE.): /J ~
"'loLl O~(.e.o'" Ave, l~,,\h.r rcu-t:.. l. 3.11K:r
(Wherever used herein the terms .grantor~ and "grantee" i~lude all the parties to this
inslrument and the heirs, legal represenl.1tives aDd assigns of individuals, and the successors and
assigns of corporations)
Property folio number: 26-2o-30...5AR-OBOO-Q060
WITNESSETH that the GraRlor, for and in consideration of the sum of $10.00 and other
valuable considerations, receipt wlhereof is hereby acknowledged, hereby grants, bargains, seils.
aliens, remises, releases, conveys and confinns unto the Grantee, all that certain land situate in
Seminole County. Florida. viz:
Lot 6, less the East 150 Ifeet, Block B, MITCHELL SURVEY OF TIlE LEVY
GRANT, according to the: map or plat thereof as recorded in PIac Book I. Page
5, Public Records of Seminole County. Florida.
Grantor n:presents thaI Grantor is a resident of Columbus. Mississippi. doe.c; not reside
on me above<<scribed property. and such propeny does not co~1itute the constitutional
homestead of the Grantor.
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EXHIBIT
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ATTACHMENT B
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ATTACHMENT C
'Nayne and Robin Roberts
2185 Blossomwood Drive
Oviedo, FL 32765-6151
Phone 407-366-7868
Fax 407-366-8806
Charles C. Carrington
Community Development Director
City of Winter Springs, Fllorida
1126 East State Road 434
Winter Springs, FL 32708-2799
November 21, 2000
Re: Annexation of 1120 Oroange Avenue, Winter Springs, Florida
Dear Mr. Carrington,
We are happy to sign an a9reement with the City of Winter Springs annexing
our property and future nl~W home into the City. We look forward to
becoming a part of the community. Upon signing this annexation agreement
we want to make sure thai' the City of Winter Springs will not finalize this
annexation until we have r,eceived a Certificate of Occupancy from the
Seminole County Building [)epartment. This is not mentioned in the
Annexation Agreement but was confirmed verbally by you and Mr. Grimes.
Thank you for your assistclnce.
Best regards,
~~-
Wayne P. Roberts
a~a.<0~~~
Robin R. Roberts