HomeMy WebLinkAbout2003 12 08 Public Hearings 404 First Reading - Ordinance 2003-42 Annexation Adjacent to Central Winds Park
COMMISSION AGENDA
ITEM 404
Consent
Informational
Public Hearing X
Regular
December 8. 2003
Meeting
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Att. I Dept.
REQUEST:
The City Attorney and Planning Department request that the City Commission approve on first
reading Ordinance No. 2003-42 annexing approximately nine (9) acres more or less located on State
Road 434 adjacent to Central Winds Park.
PURPOSE:
The purpose of this request is to annex the property located on State Road 434 adjacent to Central
Winds Park and more particularly described in Exhibit "A." The property was purchased by the
City from the Winceys on September 30,2003.
APPLICABLE LAW AND PUBLIC POLICY:
1. The Florida Municipal Home Rule Powers Act.
2. Chapter 171, Florida Statutes
CONSIDERATIONS:
1. On September 30,2003, the City of Winter Springs purchased the property for the purpose
of expanding the Central Winds Park.
2. The property is useful to the City as follows:
Page 1 of 2
a. Completion of a circular traffic artery through Central Winds Park to better handle
big event traffic and to provide better access on a daily basis.
b. To provide badly needed additional parking for sports events and special events like
the July 4th Celebration and the Scottish Highlands Games.
c. Use as a future reclamation site to process and store reclaimed water [rom Lake
Jessup.
3. The property must be annexed into the City so that the City can have jurisdiction over the
future development of the property.
STAFF RECOMMENDATION:
The City Attorney and Planning Department recommend that the City Commission approve on first
reading Ordinance No. 2003-42.
ATTACHMENTS:
Ordinance 2003-42
COMMISSION ACTION:
Page 2 of 2
EXHIBIT "A"
LEGAL DESCRIPTION:
The East 1/2 of Lot 3, Block C and the East 1/2 of Lot 3, Block D and the portion of
Orange Avenue lying adjacent thereto, Mitchell's Survey of Levy Grant on Lake Jessup
as recorded in Plat Book I, Page 5, Public Records of Seminole County, Florida, being
more particularly described as follows:
Begin at the intersection ofthe West line of the East 1/2 of said Lot 3, Block D and the
Northerly right-of-way line of the CSX Railroad (Lake Charm Branch Rail Corridor) as
described in Official Records Book 3609, Page 241, Public Records of Seminole County,
Florida; thence N 07035'58" W along said West line, and along a Northwesterly
projection thereof and along the West line of the East 1/2 of said Lot 3, Block C a
distance of 1499.69 feet. more or less, to a point on the approximate edge of water of
Lake Jessup; thence Northeasterly along said approximate edge of water to a point on the
East line of said Lot 3, Block C; thence S 07033'04" E along said East line and along a
Southeasterly projection thereof, and along the East line of said Lot 3, Block D a distance
of 1602.63 feet, more or less, to a point on said Northerly right-of-way line, thence
S 82052'56" W along said Northerly right-of-way line a distance of251.42 feet to the
Point of Beginning.
Containing 8.9 acre more or less.
ORDINANCE NO. 2003-42
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ANNEXING
APPROXIMATELY NINE (9) ACRES MORE OR LESS OF
REAL PROPERTY LOCATED WITHIN SEMINOLE
COUNTY, FLORIDA AND LEGALLY DESCRIBED AS EAST
~ OF LOT 3, BLOCK C, AND EAST Yz OF LOT 3, BLOCK D,
OF MITCHELL'S SURVEY OF LEVY GRANT ON LAKE
JESSUP, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA,
INCLUDING THAT PORTION OF ORANGE AVENUE THAT
INTERSECTS THE TWO LOTS, AND GENERALLY
LOCATED ON STATE ROAD 434 ADJACENT TO CENTRAL
WINDS PARK AND MORE P ARTICULARL Y DESCRIBED
ON EXHIBIT "A" ATTACHED 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 \VINTER SPRINGS
CHARTER WITH APPROPRIATE AGENCIES UPON SAID
APPROVAL; PROVIDING FOR 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, Charter, and City Code; and
WHEREAS, upon effective date ofthis Ordinance, the municipal boundary lines ofthe 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. 2003-42
Page 1 of 3
WHEREAS, on September 30,2003, the City of Winter Springs purchased the subject real
property for future public park and utility purposes; and
WHEREAS, the City Commission ofthe City of Winter Springs, Florida, hereby finds that
this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Annexation of Real Property. The area of real property, which is more
particularly described in the metes and bounds legal description and map attached hereto as Exhibit
"A," is hereby annexed into the City of Winter Springs by the City Commission. Exhibit "A" is
hereby fully incorporated herein by this reference.
Section 2. City Boundaries Redefined; Winter Springs Charter Amended. Pursuant
to Section 166.031(3), Florida Statutes, and Section 171.091, Florida Statutes, the City of Winter
Springs Charter, Article II, Section 2.01, shall hereby be amended to redefine the corporate
boundaries ofthe 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, and pursuant to the City
Charter.
City of Winter Springs
Ordinance No. 2003-42
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 ,2003.
ATTEST:
John F. Bush, Mayor
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:
G:\Docs\City of Winter Springs\Ordinances\Wincey _Annexation. wpd
City of Winter Springs
Ordinance No. 2003-42
Page 3 of 3
EXHIBIT "A"
LEGAL DESCRIPTION:
The East 1/2 of Lot 3, Block C and the East 1/2 of Lot 3, Block D and the portion of
Orange Avenue lying adjacent thereto, Mitchell's Survey of Levy Grant on Lake Jessup
as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, being
more particularly described as follows:
Begin at the intersection of the West line of the East 1/2 of said Lot 3, Block D and the
Northerly right-of-way line of the CSX Railroad (Lake Charm Branch Rail Corridor) as
described in Official Records Book 3609, Page 241, Public Records of Seminole County,
Florida; thence N 07035'58" W along said West line, and along a Northwesterly
projection thereof and along the West line of the East 1/2 of said Lot 3, Block C a
distance of 1499.69 feet. more or less, to a point on the approximate edge of water of
Lake Jessup; thence Northeasterly along said approximate edge of water to a point on the
East line of said Lot 3, Block C; thence S 07033'04" E along said East line and along a
Southeasterly projection thereof, and along the East line of said Lot 3, Block D a distance
of 1602.63 feet, more or less, to a point on said Northerly right-of-way line, thence
S 82052'56" W along said Northerly right-of-way line a distance of 251.42 feet to the
Point of Beginning.
Containing 8.9 acre more or less.
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