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HomeMy WebLinkAbout2002 05 13 Public Hearings B Second Reading - Ordinance 2002-03 Wayne P. and Robin R. Roberts COMMISSION AGENDA . , , ." ITEM B Consent Informational Public Hearing X Regular May 13, 2002 Meeting l~' Mgr. / Attor. / Authorizatio REQUEST: The Community Development Department requests the City Commission conduct a public hearing for the second reading and adoption of Ordinance 2002-03 that would annex a 4.88 acre parcel, owned by Wayne P. and Robin R. Roberts. PURPOSE: The purpose of this request is to annex a 4.88 acre parcel, pursuant to an annexation agreement between the property owners, Wayne P. and Robin R. Roberts and the City of Winter Springs. APPLICABLE LAW AND PUBLIC POLICY: The provisions of Section 171.044(1), F.S., 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 said municipality that said property be annexed to the municipality." CONSIDERATIONS: . 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, agreed to allow the annexation of their property at a time deemed appropriate by the City, in return for the extension of City water and sewer services to their property. . The owners signed an Annexation Agreement with the City on November 21, 2000, and subsequently paid $5000 to extend water and sewer lines to their property. May 13, 2002 PUBLIC HEARING ITEM B Page 2 . In addition to the $5000 construction contribution, the property owners paid utility connection fees as described below. Connection fee Deposi t Application fee Inspection fee TOTAL $2382 90 15 ~ $2507 . A certificate of occupancy was issued by Seminole County on October 19, 2001. . This request represents the satisfaction of Section 5 (Annexation Petition) of the annexation agreement, which requires the property owners to effectuate annexation upon request by the City. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends the City Commission adopt Ordinance 2002-03. IMPLEMENTATION SCHEDULE: Should the City Commission approve second reading and adopt Ordinance 2002-03, the ordinance would then become effective immediately upon adoption and a copy would 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. Ordinance 2002-03 B. Adopted Annexation Agreement C. Copy of Seminole County Certificate of Occupancy D. Location Map of subject property E. Annexation Application F. Legal Description COMMISSION ACTION: ATTACHMENT A .- ORDINANCE NO. 2002-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING REAL PROPERTY LOCATED WITHIN SEMINOLE COUNTY, FLORIDA AND LEGALLY DESCRIBED AS LOT 6, LESS THE EAST 150 FEET, BLOCK B. MITCHELL SURVEY OF THE LEVY GRANT, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AND ALSO DEPICTED ON EXHIBIT "A" HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE II, BOUNDARIES TO INCORPORA TE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH 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 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 atisfies 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, Charter, and City Code; and WHEREAS, upon 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 City of Winter Springs Ordinance No. 2002-03 \ 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- prop-erty; 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 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 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 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 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All ordinances and resolutions or parts of 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 the validity of the remainder hereto as a whole or part thereof to be declared invalid. Section S. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2002. City of Winter Springs Ordinance No. 2002-03 \ \ A TrEST: 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 No. 2002-03 "'. PauIP.Partyka,~ayor \. ATTACHMENT B ,.~ : '. CITY OF WINTER SPRINGS ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is made this _ day of 2000, by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation ("City"), whose address is 1126 East State Road 434, Winter Springs, Florida 31708, 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 anclJor water service to lands owned by the Owners and located outside of the City's municipal limits, 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 anclJor water service outside the municipal corporate limits ofthe 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 interests of the City to annex the Property into the City of Winter Springs; and WHEREAS, the parties hereto wish to set forth herein their respecti ve 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 anclJor 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 Properties. Inc. v. City of Clearwater, 679 So. 2d 1172 (Fla. 1996). NOW, THEREFORE, in consideration 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 arid 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 noll00 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 noll00 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 .... 2 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 shall 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 such 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 annex 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 3 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 City 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 Reeulations. 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, local laws include, but are not limited to, all ordinances, rules, and regulations of the 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 title 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. 5 '- 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/J urisdiction. 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 a9dress 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 ofthis Annexation Agreement in the event of a dispute between the parties. 19. Sovereif:n Immunity. 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 ~(d A YNE P. R~~RTS, Owner ~ ~~G~~ RO IN R. ROBE TS, Of"ner Print Name: C C.A Q I? I ,.J C~ IV .J ~~.. Print Name: I'. 1- 7 STATE OF FLORIDA COUNTY OF SEMINOLE -..,. L-1}, " .... !/ ~erebY certify that the foregoing instrument wasacknowledged before me this C;; Iday of / 6. (J( -'J J'i' Ile I) ,2000,bX WAYNE P. ROBERTS, 0 who IS personally known to me, orFho has produced Adi.tit. ;< 1!c..3 - <C}-/~ - L) 4 - as identification. Lj~t -Q .'t.....~ Expires September 10, 2002 STATE OF FLORIDA COUNTY OF SEMINOLE "-I) r,.' ;. / I ~ereby certify that the foregoing instrument wa~ acknowledged before me this :J Iday of / . LL~ ltnL-l'ct_~2000,bY_~ROBIN R. ROBERTS, 0 who IS personally known to me, or ~ho has produced d( ~ f.:.)h-:1; ~ 126 -- as identification, S 1-'75/- (J A TIEST: . \ L I --- ZO-LUACES '.. ANDREA L City Clerk STATE OF FLORIDA COUNTY OF SEMINOLE I hereby certifY that the foregoing instrument was ac .~ ,;J,.....>.(L- ,2000, by B-Vlho is personally known to identi fication. :. , " . . .' owledged before me this /'i? '-fh.day of of \A1L~J0 5~~-~ ' roduced as 1':\DOCS\City of Winter Springs\Annexations\Annexation Agreemcnt.Robcrts.kj ~lli-~'It,~ NOTARY PUBLIC if Deborah l Gillespie * * My Commlssloo' CC920806 ~ . '>;.......... Expires March 21,2004 8 ~ .t) ~ I " '. \ .._( ..~, ~{' ~u~u ;". , SCHEDULE A M';nYANN( ~OHS:: Cl ~RK a;" CIEet;!'! r:aU2:- 3fMIHOL t i.::QlJtfi ':.;:':. ;;, RECORDED &: VERIFIEr ~ nilS IN Sl1l U.'1 El'.. fREl'.vu:.D D r AND SHOULD BE RETURNI:O TO: C. 0"'01 Mrc.t/1(<n. E~ir< W Ind<CW<:<>dl<. H.u.c.. w"", &. WllOdnun. I'.A. Pau Off= no. &80 W Itl!Cr Put.. FL ) Z79O-O&l\O 215311 1958 ~ -9 p)! 4; 26 Pro(>l:rty folio number: 26-20-3o-SAR-OBOO-0060 \...) Ul .- fTl.c- :t ::it 0 <<:) ,... "'! wo O~ C"'Tl ;-:- n 'j; r- n ~ WARRANTY DEED :: CJ .;! ~ . ~ - ~o THIS WARRANTY DERD made and executed.he ~~it, day of fi~ ,A.D., _ '''tF: 1998. by WILLIAM LEE SANDERS. JR.. whose mailing address is Pose 0 ~ Box 2071. Columbus, Mississippi 39704 rGRANTOR-) to WAYNE P. ROBERTS and ROBIN R. ROBERTS. husband and wife. Whose address is\rGRANTEE"'): . 10104 05 <. e.ol" A lJe.. l~'<\ +t.r Parr... f:(.. 3.11!t (Wherever used herein the tenus "grantor" and -grantee- ioclud.e all the parties to .this inslrumen1 and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETIl (hat the Grantor, for and in consideration of the sum of $10.00 aDd other valuable considerations, receipt whereof is hereby acknowledged. hereby grants, bargains, sells. aliens, remises, releases, conveys and confirms unto the Grantee, all that cerb.in land situate in Seminole County. Florida. viz.: . Lot 6, less the East 150 f~, Bloc1cB, MITCHELL SURVEY OF TIfE LEVY GRANT, ac;cording to the map or plat tbereof as recorded in PIac Book I. Page 5, Public Records of Seminole Comity, Florida. Gr.mtor ccpn:sentS that Grantor is a resident of Columbus. Mississippi. docs not reside on lhe above-described propeny. am such property does not co~1itute the constitutional homestead of the Grantor. EXHIBIT ~~'I .r- \ ATTACHMENT C Jan-28-02 10:19A Development Review DUPLrCATE 407 665 7456 SEMINOLE COUNTY 1101 E FIRST STREET SANFORD FL 32771 DUPLICATE C:E R T I FIe ATE Issue'Da~e Parcel N~mber . . Property! Addreea Subdivision Name Legal De?cription Property! Zoning Owner _ I_ - Contractpr ~ Applicat~on number Descr1pt~on of Work _ . Con6truc~lon type Occupan(~Y type Flood Zohe . - - - APprovedl o F o C CUP A N C Y PER H A N E N T 10/19/01 26-20-30-5AR-OBOO-0060 1120 ORANGE AVE WINTER SPRINGS .., ...... .. FL 32708 D R HITCHELLS SURVEY OF THE LEG LOT 6 (LESS E 150 FI) BLK B D R MI THE LEVY GRANT PB 1 PG AGRICULTURE ROBERTS WAYNE/ROBIN OWNER BUILDER 407 99-00008339 000 000 NEW SINGLE FAMILY DETACHED CONCRETE/COMBUSTIBLE ROOF SINGLE FAMILY tY~JJ... ~~- VOID UNLESS SIGNED BY BUILDING OFFICIAL Building Official \, P.OI .~ '~... ATTACHMENT D --....- . -----,~-.~~-n'.~-~=;:~~;~I=r=.h,..:.-~- :~- "\\.-: -+- -'----: ~ ~- '-,,---- \ '_~:___,_,,_n_ '" '; , ;,,', \\ ~ I' __'_"_~'" , '__ \ ;--~- [-----_~ti::.- -JI=".-t-~ \'\ n " . ---'--=--='. '-- , , ',)-. -',-- ---- -~,-, - 0 '--;-----::::'- : \ \. ~ _ J ' '" _n" '\ ~"_, _e- , i] '--~'.l:~i~n-- i ---I J _~__'\ \_~_~ ' :~L .-. J , L en--' '-c, )--~'-"--~Jt:t:';;I;=P'=~ "\ '\ ~ I ---rT-- MYRTLE ST, -_c':"-'::'!=-r c. ; : ; -'--~;L__ .., \ A - ; ~L_ I~!J ~. -U; : ~';'~H+n~\i!I____1 \, \. ~ j ,!~ I I 1==_ ---,Lf-'~-~ '[ ~ I '\ \ \ ~ ~ I" ''--', '~, , I , ~ . h I 'I . lq : . i ___J1__' ____'1 \ \. . "LlLLulJ' " " , '__ , , ~ I'. i Cl._:-:--. "'-'er ,-:.......: \ \ W' I " - I I, '; 1 , ~ '-:~"I- . J \. '\ I ',L . I I '1'--' ~I ' " --T ", " --.-J! II ., Ii I!I I ; i : II' I \ \! ____ ...----:. I n' , '" , " ~ ! .~ ! I : 1 LJ-'-'--'-' i 1'1 I __ __ \\ W ! 1 W~ ,r------;Ji~,~ I \\\ (j) L..-i. 1 I I I '--ji _. .-- _ ! I ~~ , , ~,-, ,1'1 . -+~ 'I !r-~)'Ln_. A H ! ,\ \ '--)) .1-=;, n ,! """-I / i..-j\. , , " \ ' , ;;-',1--""0 i i \ -.-J p/: ; \ \' X>: I ! (' \\:..; I , , \ \ _ ----,. , '. \---- ;, 1 \ /_--+-------\\ -: ~ / I \ I ~ 1 , I I ,,~;- : /;/" . . Y./' /.F' -c/ --", - // '/ .:)' -~'..~ --..-__.._6__...._; , ,> c; .1 :1 :, I I ROBERTS Pi:A KE I I J ~ ATTACHMENT E .r- \ " CITY OF WINTER SPRINGS, FLORIDA . 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 Community Development Depl. Planning Division APPLICATION FOR ANNEXA nON APPLICANT:~o~E:R.TS. ROBiN Last First' Middle A- f\N\S'Ci ADDRESS: 112..0 ORAN.q,..E Av EN..O E WfNTI=R .5rR..INq..S. F L 3 z. 70B City State r Zip Code PHONE:~07- 3Z7~0300 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: ,\ 2.. 0 . 0 R..AI\l 4-E f\o €NU E WINTER Sf/AIAJG-s; FI-o/-?'tJ)/t ..3 2-7D8. City State Zip Code Tax Parcel Number: 2 G:, - LO - 30- 5 A R - 0 Boo - ooto 0 Size of Parcel: ..5 sq. ft./acres. - County Future Land Use C~assification County Zoning Category fJ - I lntent of request for annexation into the City of Winter Springs: -'~ ,\ , TO BE SUPPLIED AT THE TIME OF SUBMISSION OF APPLICATION: * A copy of the most recent survey of the subject property. * A copy of the legal description. * Notorized authorization of the owner (if applicant is other than owner or attorney for owner) [See below]. * II 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 increment of 50 words or portion thereof: $25 * NOTE: Property being annexed at invitation of the City is exempt from above fees. ***************************************************************** FOR USE WHEN APPLICANT IS THE OWNER OF SUBJECT PROPERTY This is to certifY that I am the owner in fee simple of subject lands described above in the Application for Annexation. (3 "v.- C. ~. SrG A TURE OF OWNER SWOI11 to and subsrfibed before me thisJa day o&Jc OT AR Y PUBU -+9 ZtJ()r:J- My Commission expires: ~ I~"~ Sylvia P Denson * 'tvi * My Commission CC810502 _Personally Known '~".'n"~' E~Plrepvem~6. 2003 0roduced Identification/type of to: 1.:3 73 t --S~7 ~ & / pj / 7S/-tJ _ k~**kk*k*hkkkkkkkkkk*kkk~.kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk . 4 . . -- - -- ..-Co, ,,~v,,'" ~3 ~( I ~ . .. SCHEDULE A M:'~YANN[ ~OHS~ CL~RK iF CIF.cr.;n ~lJUr~: 5EMIHl)l f ~OfJt4i "!. ::-~ } RECORDED &. VERIFIEr (!2, nus lNSTllUMEt;T FREPAJU:D.tlY AND SllOllLO BE RBnnmro TO: C. 6tm1 McC_etucll. E~~ Win<f~. f{Aiftcs.. WanI &. Wl'Odmm. 1'..\. Pusl Offio: lJo. aso WIllttf Put. FL J219O-08llo 2153rl 1m Ji -9 PM 4: 26 Property folio number; 26-20- 3O-5AR-QBOO-OO6Q W en ... ITI.c- ~C) z: <::) ,... ""' (go <:rrt CJ""l ;-:- (") i> r- n ~ WARRANTY DEED ~ 0 .;!g THIS WARRANTY DEED made and executed lbc ~6 it, day Qf fi"~ ,A.~, = :~~ 1998. by WILLIAM Lg SANDERS, JR~~ whose mailing address is Pose 0 Jl,::e Box 2071, Columbus, Mississippi 39704 (-GRANTOR-) 10 WAYNE P. ROBERTS and ROBIN R. ROBERTS. hUSband and wife. Whose address is\{"GRANTEE"): Iol.,ti O~<'f!.ol~ Ave., W.,,+er ParK. f:, ~~1('t {Wherever used herein the tenus "grantor" and -grantee- in:lude all the parties (0 this inslrumem and the heirs, legal represeuratives and assigns of individuaJs, and the successors and assigns of corporations) WlINESSETII that the GraDlor, for and in consideration of rhe sum of $10.00 and other valuable c:onsidc:ratio~ receipt whereof is hereby acknowledged, hereby grants, bargains, seils. aliens, remises, releases, conveys and confirms unto lhe Grantee, all tb.tt certain land situ3te in Seminole County, Florida, viz: Lot 6. less the East l~ feet, Block: B, MITCHELL SURVEY OF TIlE LEVY GRANT, according to the map or plat. thereof as recorded in Plat Book: 1. Page S. Public Recorcbi of Seminole County, Florida. Grantor ~ that Grantor is a resident of Columbus. Mississippi, docs not reside on me above-described property. aM such propeny does not constitute the constitutional homestead of the Grantor. l lJ EXHIBIT "A ,I . -- .:-:::::::--->. --- --- --.:............ -- .--.::.:...--- . --....~..--- ~:::::.:::::::::~~"'- - . .~., --. ---;;-.. --.. '-:,,: "---::-.~ :::::::--"'~" ::-----..--:::-,.. '~ -- -, -. --- --- =~~~~~~~to,,=:'~~4ft""""'~" ~...,..........-: .,~c-ty.n..-w... <D I :g 1E L-<.<~ "'-.>:st., \ \ --- --- . ~. <>ii:<"",~ . '0 --- -.......~.. ~~. --- ~,.. --- ~~ --.~~.1 .......:::...~ ---....~ "Or. -- . -- . --- --- GRAPHIC SCALE ~'t....I. ':' (Dl' FaT) ltoGb..60 rl i --- saN01D'~.'#DItErJH ~ LOTti LOT 5 ..J.l];I]JIl.. O-~'l,.4"_"""(tlO~ OQ . - &onn"--x-_tw<< pJ ., .~_OltCCAlA"_ '"" ....-.. _ ,,~. -'4nIl_(rWICcJ .L~__~U'C'(rW'OIQ ""----- "THIS IS NOT A BOUNDARY SURVEY" -- (J~"""",,", 3 ::.:.~~...-=....._..,-",____w. _...... ,.,.,..,.c:,,,...-,..............L........ .............wu. i ...........----......I.-....".../~...-'~-......--~--... .........---...---...--.,..........,-- ..-.---.----...~------ ..........__ ______ ____.. _II _..-_ __---. ... .---....- -----v-....... ___ -r- - -- - - _ __....... .........----.....-......--... . ~E~~=--,;;..~~~~=--=.-;:;~~...-..:;:,:;...-=-t\..'t. -- :...--:s... ~::-.:.~ -=. =';;::::'..-:,; ;";0.-::: =...:. -:. --=.. ~-= .... , ',_ .4 F'=;=~~ .,...... .. 'ANDIICH A....................."""". .....'---. ......n..l'U .A...~__n..'u 2=-~rn N.aII:I4a.- t:="' ...=:-:-~-::':::;...... .,. TOPOGRAPHIC SURVEY ~....., WA YNE ROBERTS ROBIN ROBERTS :mJ" lPt1Jt8 .....r.o:: -- ATTACHMENT F -.::..:- ::--- ,:~=~~-- -- - ----- ----- - ----- -- - ..::...:... ----- - ----- ----~ ~~-- - =------- ~- -~ ----- -- - - ----- ----- ~ ----- -- I~ ~ LEGAL DESCRIPTION: Lot six, less the east 150 feet thereof. Block B, "DR. MITCHELL'S SURVEY. of the LEVY GRANT on Loke Jessup, Orange County. Florida" according to the plat thereof as recorded in Plat Book I, Page 5, of the public records of Seminole County. Florida. co I CO o CO 0) ALSO DESCRIBED AS FOLLOWS: Beginning at the Southwest corner of Lot 6, Block B. "DR MITCHELL'S SURVEY. of the LEVY GRANT on Lake Jessup, Orange County, Florida" as recorded in Plat Book I, Page 5, of the public records of Seminole County. Florida, run N 18'49'37" E along the Westerly line of said Lot 6, Block 8, 618.00 feet to the waters edge of Loke Jessup; thence departing said Westerly line run Southeasterly meandoring along the waters edge, with 0 reference bearing and distance of. S 74 '21'07" E, 355.16 feet to a point 150.00 feet West, when measured perpendicular and parallel, to the East line of the aforesaid Lot 6; thence 6 1817'00" W. along a line parallel to and 150 feet West of the aforesaid Easterly line of Lot 6. Block 8, 613.45 feet to the Northerly right of way line of Orange Avenue; thence N 75'01'30" Walong the said Northerly right of way line. 361.25 feet to the POINT OF BEGINNING. "-... ~ ~ "R' >-,,'" !l!l1~ ~"O e;~~ Il~'-'- ------ GRAPHIC SCALE "-... 150 0 ~ 150 ~ .00 I 200 I ( IN FEET ) 1 Inch = 50 ft. "- " 'f" LOT 5 /~\~~... ~/. .---------,_..s", Ii/ J.{h' , r ,~\ I..........., '" .( \ ",. \ ~, ....- r ' i'1\ I- f .' !~'..\ \ ~_. '.. . 'I Ui \.". i : (/)1 . \-!ncL")"O',....j '\, i/ . / \ '.... 1 ~5q ~/ ,I -', .,;.--,- - .' . / -'___(ORIO!'-/ -------- CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone: (407) 327-1800 Fax: (407) 327-4753 E.mail: contactus@winterspringsfl.org Via Certified Mail May 16, 2002 The Honorable Katherine Harris Secretary of State for the State of Florida PL 02 The Capitol Tallahassee, Florida 32399-0250 Dear Secretary Harris, In accordance with Florida Statutes 171.044(3), attached is a certified copy of the following Annexation Ordinance from the City of Winter Springs: . Ordinance Number 2002-03 This Ordinance was officially adopted on May 13, 2002, and does change our municipal boundaries. Please feel free to contact me if I can be of further assistance. Sincerely, QITY OF WINTER SPRINGS t. , ' l J - \ .\_-.~, \ ~-"-. " _.' ~_~. ,I \/ -"---' ~drea Lorenzo-Luaces, CMC City Clerk Copy: Mr. Ronald W. McLemore, City Manager Mr. Anthony A. Garganese, City Attorney Attaclunent DOCSI eorrespon den eel e i t ye I erk/2 002/0344. doc CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone: (407) 327-1800 Fax: (407) 327-4753 E.mail: contactus@winterspringsfl.org Via Certified Mail May 16, 2002 Ms. Maryanne Morse Clerk of the Court Seminole County 301 North Park Avenue Sanford, Florida 32771 Dear Ms. Morse, In accordance with Florida Statutes 171.044(3), attached is a certified copy of the following Annexation Ordinance from the City of Winter Springs: . Ordinance Number 2002-03 This Ordinance was officially adopted on May 13, 2002, and does change our municipal boundaries. Please feel free to contact me if I can be of further assistance. Sincerely, CITY OF WINTER SPRINGS j - . ( i I , :, I '; j t ~;~or~~:o~(~=~~~c . City Clerk Copy: Mr. Ronald W. McLemore, City Manager Mr. Anthony A. Garganese, City Attorney Attachment DOCSI corresponden eel c i tyclcrk/2 00 2/0 3 4 2 .doc fJ.... NTE:;::'---", ,,~ ._<T .s~ (f/, "~' 1\:.. ~", ~ )...' "';,-.' ,...' . -z. \ , t .; :~\ \ 01 \) "o"..,,(fJJ . I.... .vrp.....A~~:1 \.'_ l lQ59 't-~. / '" .~---..-... / / '-.~-OR\Ot:-/ ---.-- CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone: (407) 327-1800 Fax: (407) 327-4753 E-mail: contactus@winterspringsfl.org Via Certified Mail May 16, 2002 Mr. Kevin Grace County Manager County of Seminole 1101 East First Street Sanford, Florida 32771 Dear Mr. Grace, In accordance with Florida Statutes 171.044(3), attached is a certified copy of the following Annexation Ordinance from the City of Winter Springs: · Ordinance Number 2002-03 This Ordinance was officially adopted on May 13, 2002, and does change our municipal boundaries. Please feel free to contact me in can be of further assistance. Sincerely, CITY OF WINTER SPRINGS r i 1 ; '- \ 1,-/" f "'-...,_._ (___..:L /' \....--...... \-'; V -"'. .. Andrea Lorenzo-Ltiaces, CMC City Clerk Copy: Mr. Ronald W. McLemore, City Manager Mr. Anthony A. Garganese, City Attorney Attachment DOC Sl corres pan dcncel c i lye I crk/2 00 2/0 3 4 3. doc ORDINANCE NO. 2002-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING REAL PROPERTY LOCATED WITHIN SEMINOLE COUNTY, FLORIDA AND LEGALLY DESCRIBED AS LOT 6, LESS THE EAST 150 FEET, BLOCK B. MITCHELL SURVEY OF THE LEVY GRANT, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AND ALSO DEPICTED ON 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 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 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 atisfies 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, Charter, and City Code; and WHEREAS, upon 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. City of Winter Springs . Ordinance No. 2002-03 Page I of 3 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 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 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 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 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All ordinances and resolutions or parts of 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 the validity of the remainder hereto as a whole or part thereof to be declared invalid. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Spr,ings, Florida; in a regular meeting assembled on the 13th day of ,2002. A JEST: \ I , , .w. 1 \ :' i I U,:\ \"\ i i z/" ~l~, I I' Andrea Loren~-L:uaces, City Clerk , \ ... \ Paul P. Partyka, Mayor City of Winter Springs Ordinance No. 2002-03 Page 2 of 3 Approved as to legal form and sufficiency for the Cit . ter Springs only A thony A. Garganese, City Attorney First Reading: FEBRUARY II, 2002 Second Reading: MAY 13. 2002 Effective Date: MAY 13. 2002 F:\DOCS\City of Winter Springs\Roberts AnnexationlAnnexation ordinance.wpd City of Winter Springs Ordinance No. 2002-03 Page 3 of 3 .\ ......~~ ~ ~:-.,~~-E~~~;.-=::'.~~~...-"""~~""" \ \ \ --.. ..... ..... i !U CRJ.PHlC SCAU: - ~.. ~- ~ ':" T (. rvr) & ..... .. eo ft. Lor 5 ~ 0..._,....____..--, ----.c.____1IO ft ......._______ -- -,""",,"._~~ ~--.".~ ......--. "THIS IS NOT A BOUNOARY SURVE:Y -' - -.: ~~ . .....,a_-...a& · .......--- ..-..-..--...-....-.--.........<<._.-.....~...,.....c.___ --..-. . i .....--.-- -...........,.._-,...,--,~-....--.,-.... ...----_______w_-..-.._..___ -----~---"-------- ........----------........._.___4___ .....-___..-4_....-..._':""'_.,...._..__ _ ____.--. ...-....---..----. . ~~-:.:=..;;..~;-~~=--=:.-..iW~~-:..:;.:;..-:=.n.."l. - ~-=t..- -:=:.:.. -:..:r:=.:.:=. == =-..:t..~ -:.:-::.::-: =-=.-;. ~ =-:.::.:.:-= 'ANDI..n::r A _0_-. ....-... ~"'-- ....-____f\..... ::- = == '-- ---- - .... TOPOCR.J.PHIC SUR~ WAYNE ROBERTS ROBIN ROBERTS "~'~ __A =::.~..~ --... =-_ ____ _ .., ;;"0/6-4 :::::=---=-..=---- ,.. - Jtr .Fa .7r:.T Aa8 ~, tt:. 1 ~~ LEGAL DESCRIPnON: Lot six. -less tht! t!Ost 150 fet!t thereof, Block B. -D.R. MITCHELL'S SURVf:Y, of the LEVY GRANT on Lokt! J<:ssup. Orongt! County. Rodda- according ta tht! plat thereof as recorded in Plat Book '. Page 5, of the public records of Seminolt! County. Rodda. CD I CD o 00 (j) ALSO DESCRIBED AS FOllOWS: -:..:- ::-- c'~=~~~ -- ~ ------ ~---:-..:::..::..--- ----~- ::::::-...... ~ - -:::---- ~ ~~-- ~~- - '-:::::-- .......... ~- - - --.... .......... Beginning at the Southwest comer of Lot 6. Block B, .OR. MITCHELL'S SURVE:Y, of the LEVY GRANT on Lake Jessup, Orange Caunty. Rarida" as recorded in Plat Book I. Page 5. of the putJlic records of Seminole County. Rodda. run N 1B'49'3r E along the Westerly line of said Lot 6. Block 8. 618.00 feet to the waters edgt! of Lake Jessup: thenct! departing said Westerly line run Southeasterly meandoring along the waters edge, with a referenCe bearing and distance of, S 74'21'07" E. 355./6 feet to a point 150.00 feet West. when mt!Osured perpendicular and parallel. to the East line af the aforesaid Lot 6: thence 5 1877'00" W. along a line parallel to and 150 feet West of the aforesaid Easterly line of Lot 5. Block 8, 613.45 feet ta tht! Northerly right af way line of Orangt! Avenue: thence N 75V/'30. Walong the said Northffiy right of way line. 361.25 fet!t to tht! POINT OF BEGINNING. -- GRAPHIC SCALE - ~-~ -- - 1 ..., I ( lH FEET ) I IDch - 50 ft..