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HomeMy WebLinkAbout2004 01 12 Public Hearings 403COMMISSION AGENDA ITEM 403 January 12, 2004 Meeting iV161. i riu. i LcpL. REQUEST: The City Attorney and Planning Department request that the City Commission adopt on Second and Final 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: On September 30, 2003, the City of Winter Springs purchased the property for the purpose of expanding the Central Winds Park. Page 1 of 2 2. The property is useful to the City as follows: 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 from 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 adopt on Second and Final Reading Ordinance No. 2003-42. ATTACHMENTS: Ordinance 2003-42 COMMISSION ACTION: On December 8, 2003, the City Commission approved Ordinance 2003-42 on First Reading. G:\Docs\City of Winter Springs\Agenda\Wincey_Annexation2.wpd 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 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 07°35'58" 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 07°33'04" 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 82°52'56" 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. 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 Y2 OF LOT 3, BLOCK C, AND EAST %z 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 PARTICULARLY 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 WINTER 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 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. 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 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 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, 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 52003. JohA/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: GADocs\City of Winter Springs\Ordinances\Wincey_Annexadon.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, PublicRecords 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 07°35'58" 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 07°33'04" 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 82°52'56" 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. SKETCH OFF DESCRIPTION APPROXIMATE EDGE r 7E A N -4� I J mr N rp= Z t•1 r 0-4 ANA r mT V O m rn I C) � C N C1 D � I 10 Q 1 'RANG AVENYE IWEST 1BLOCK DOT I DC ar I Nm�pxX mi n . v0 o .o i rn I P" 'A ' ➢ 0 a - a mo � N=Zp�a N A m � Q x rn tozI ���a o r pp ,4 . p v Drowinp No. 47921003 Job No. 47921 Dote- 11/24/2003 SHEET 2 OF 2 See Sheet 1 for Description LEGEND P,R.S.C.F. PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA 3 s MORE OR LESS 1" =200' GRAPHIC SCALE 0 100 200 400 5 1 CSX RAILROAD NORTHERLY RIGNT'0E-WAY SOUTHEASTERN 66 0 All American BoulevardG CORP. Orlando, Florlds 32810-4350 (407)292-9580 tax(407)292-0143 Carl. No. LB-2105 c Description : The East 112 of Lot 3, Block C and the East 112 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 112 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 07'35'58" W along said West line, and along a Northwesterly projection thereof and along the West line of the East 112 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 07'33'04" 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 82'52'56" 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. SURVEYORS NOTES: 1. Bearings as shown hereon are based on the Northerly right—of—way line of the CSX Railroad, Lake Charm Branch Rail Corridor, being S 82'52'56" W, assumed. 2. 1 hereby certify that the "Sketch of Description" of the above described property is true and correct to the best of my knowledge and belief as recently drawn under my direction and that it meets the Minimum Technical Standards for Land Surveying CH. 61G17-6 requirements. 3. Not valid without the original signature and raised seal of a Florida licensed surveyor and mapper. DESCRIPTION WNt City of Winter Springs Date: 11/24/2003 KR Job No.: Scale: 47921 1 1"=200' CH. 61G17-6, Florida Administrative Code requires that a legal description drawing bear the notation that THIS IS NOT A SURVEY. :RT. NO. LB2108 47921002 SOUTHEASTERN SURVEYING & MAPPING CORP. 6500 All American Boulevard. Orlando, Florida 32810-4350 (407)292-8580 fax(407)292-0141 Xail: info@xQuthaaeterns urwvine. com SHEET 1 OF 2 SEE SHEET 2 FOR SK GAY B. KRICK REGISTERED LAND SURVEYOR NO. 4245 SKETCH OF DESCRIPTION J�SaJP. APPROXIMATE EDGE OF WATER to D D � O n N �' 0 0z on 0 r o �0_ 71 � wm 0 A F DA I a) W �' gyp u O D no a) O omi m I mr n v _ C 0 N n 1 W n Z LEGEND : P.R.S.C.F. = PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA m D f to 0 m O "a r w 0 or N 0 n M r 0 n n x � n I((AnORANGE AVENUE N I I WEST 1/2 OFpOT 3 IDr-aM z-{ oz 0 A 0m-InA� N -4 I 0- oo0 W p rn �0 I LD fin' =0W I zxym'' G7 ogm�mZ nA�L r 10 D0-0%n 1m110 --'rn I O -4 1_ to rn➢npm ml}. m r 0 N=zoo o o� m I o xmZv WN 01 0 Z 70 p n N �S� m r O I cDiy>� w m� m r 00 �pMO Ci O � n I 70 o p o M I Ln � v T ,{ Drawing No. 47921003 Job No. 47921 Date: 11/24/2003 SHEET 2 OF 2 See Sheet 1 for Description = MORE OR LESS 1" =200' GRAPHIC SCALE 0 100 200 400 W 251.42 \ S 82-52 5RAILROA� SOUTHEASTERN SURVEYING &MAPPING CORP. CS NORTHERLY RIGHT-OF-WAY Orlando,Florida 6500 I American 3 810-4350 (407)292-8580 fax(407)292-0141 Cert. No. LB-2108 email: info®southeasternsurveying.com