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HomeMy WebLinkAbout2004 12 13 Public Hearings Item 400 COMMISSION AGENDA ITEM 400 Consent Information Public Hearin2 X Re~ular December 13,2004 Meeting MGR. j2- /Dept. Iff REQUEST: The Community Development Department - Planning Division requests the City Commission conduct a public hearing for the Second Reading and Adoption of Ordinance 2004- 46, annexing a parcel located at 1136 Orange Avenue equaling approximately 1.96 acres and owned by Srinivas Chari and Ramani Kilambi PURPOSE: To consider the Annexation request of Srinivas Chari and Ramani Kilambi related to their property at 1136 Orange Avenue, which totals approximately 1,96 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 Sprines Charter Section 2.03. Annexation procedure. Winter Sprim!s Code Section 16-77. Outdoor display/billboards--Ojj:premises signs prohibited, (e) Winter Sprines Comprehensive Plan. Policy 1.8.2: In order to reduce land use conflicts and for efficient public service provision, the City shall investigate and, where feasible, annex all enclaves as soon as possible. CHRONOLOGY: Feb. 23, 2004- Annexation Agreement adopted by City Commission Sept. 27, 2004- Application Received Oct. 11, 2004- 1 st Reading of Ordinance 2004-46 Dec. 2, 2004- Public Noticing in Orlando Sentinel (2x in two consecutive weeks) Dec. 9, 2004- Public Noticing in Orlando Sentinel (2x in two consecutive weeks) @) COMMISSION AGENDA ITEM 400 December 13,2004 CONSIDERATIONS: . The Applicant has been constructing a single family home on Orange A venue adjacent to the Roberts and has received a Certificate of Occupancy. . An Annexation Agreement, adopted by the City Commission, allowed the Applicant to connect to City water prior to annexing. . 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 within an enclave of county lands. Annexation of this parcel would reduce the size of this enclave and would not create any further enclaves. · Annexation of this parcel enables the City to work toward its endeavor of providing efficient use of public facilities and services by reducing an existing county enclave. Furthermore, the request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan, · The City has capacity to provide this parcel with the same urban services provided to other areas of the City. . No off-premise sign structures exist on the property under consideration. · The subject property is currently designated "Suburban Estates" and "Conservation" on the County Future Land Use Map. Adjacent propelties to the east remain in the County. Adjacent properties to the west and south are within the City and are designated Town Center District. . The subject property is currently designated "A- I Agricultural 1 acre" on the County Zoning Map. Adjacent properties to the east remain in the County. Adjacent properties to the west and south are within the City and are designated Town Center District. . Adjacent property owners have been notified by Certified Mail. . The property has been posted. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a public hearing for Second Reading! Adoption of Ordinance 2004-46, that would annex one (l) compact and contiguous parcel at 1136 Orange Avenue, equaling approximately 1.96 acres and owned by Srinivas Chari and Ramani Kilambi. ATTACHMENTS: A. Annexation Agreement B. Application for Annexation with property owner signatures including survey C. Ordinance 2004-46 with location map and metes and bounds description for the parcel COMMISSION ACTION: COMMISSION AGENDA ITEM 400 December 13,2004 ATTACHMENT-A Annexation Agreement 1IIIIIIUIDUln_UIlIU ..811111111111. .1111111111 '" Prepared by and return to: \ Anthony A. Garganese. Esquire \-,J Brown. Salzman. Weiss & Garganese. P.A. Post Office Box 2873 Orlando. Florida 32802-2873 (407) 425-9566 MARV!lNt€ 1<<lRSE, ClERI\ OF CIRCUIT CWRT SEMIlO.E COOOY BK 05223 PGS 150&-1514 CLERK'S' 200403&295 RECORDED 83/19/2084 &4121135 PM RECORDING FEES 42.. RECORDED BV S O'Ktlltv CITY OF WINTER SPRINGS ANNEXA nON AGREEMENT m THIS ANNEXATION AGREEMENT is made this ~ day of February. 2004. 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 32708, and SRINIV AS AND RAMANI CHARI. whose address is 1136 Orange Avenuc. Winter Springs. Florida 32708 ("Owners"). RECITALS: WHEREAS. the City. acting by and through its City Commission, has under consideration a request by the Owners for sewer aneVor water service to lands owned by the Owners and located outside of the City's municipal limits, said lands being more fully described in Exhibit "A". which is attached hereto and made a part hereof by reference ("Property"); and WHEREAS. pursuant to the policie.s of the City of Winter Springs, in order to obtain sewer aneVor water service outside the mun:cipa! corporate limits of the CityofWinter Springs. the Owners must enter into a binding agreement to annex the Property at such time as the City may determine, by law. 1hat 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 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 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 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 Date/Termination. 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. 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. Unless otherwise agreed in writing by the City, this Annexation Agreement shall not be construed in any way whatsoever as requiring the City to install a sewer and/or water line and related appurtenances thereto which are necessary to connect Owners to the City's sewer and/or water system, to provide a method for such installation, or to pay for all or any portion of such installation, It is the Owners' sole responsibility to install and pay for the 2 connection to the City's sewer and/or water system, provided, however, the installation shall first be approved by the City 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, and 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. 3 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 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 Desh!nations For Annexed Property, Upon the annexation of the Property, Owners acknowledge and agree that the City Commission of the City of Winter Springs shall consider an administrative comprehensive plan amendment and rezoning application proposing to designate the Property "Town Center" on the City's Future Land Use Map and Official Zoning Map. The City zoning and Future Land Use Map designations 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 predetermined City zoning and comprehensive plan land use designations, 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, 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 representative, successors and assigns of the respective parties. 11, Attorney's Fees. In the event of litigation arising out of or relating to this Annexation Agreement, the prevailing party shall be entitled to recover all its reasonable expenses, including attorney's 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, Headings, 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/Jurisdiction, 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. ] 7. 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: Srinivas and Ramani Chari 1136 Orange A venue Winter Springs, FL 32708 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 notiee 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. Draftin!!. 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 in1erpretation of this Annexation Agreement in the event of a dispute between the parties. 19. Soverehm Immunitv. 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 successor, assigns, heirs, or representatives thereto. IN WITNESS WHEREOF, the panics hereunto set their hands and seals the day and year fi rst above wri tten. Signed, Sealed and Delivered in the presence of' g~~ d--- SRINIVAS CHARI, Owner S21 NIVA-S S'A(,ML U-JMI Print Name: Print Name: ~"V {(/LflMB/ ;rrn PAfVlflNJ .kJLlfM(2, I Print Name: Print Name: 7 STATE OF FLORIDA COUNTY OF SEMINOLE I hereby certify that the foregoing instrument was acknowledged before me this ~ day of -r::.e b ,2004, by SRINIV AS CHARI, 0 who is personally known to me, or-lol who has produced CVCiJ .71i.c'''5'.{j I as identification. !J~ STATE OF FLORIDA COUNTY OF SEMrNOLE )(,'} Cl ",,1:, i rf'S,vJ I hereby certify that the tregOing instrument was acknowledged before me this ~ day of F.e..1o ,2004, by RAMANI ~I, 0 who is personally known to me, 0 who has produced l( '-1<51 . 7 d-O' 1o-'6 Qgq;8dentilication. NOTARY PUB C ./~ "(,'<f. Michael John Willlams .~.'1.: ~ My CommiSSion 00167488 ... Of ,...'J' Expires November 24, 2006 ~~~ M1C!>,ael ~r'.mam. . . My COtnmiasion 00167488 '\ "..:.r 'Ex~M>NPr~mber 24.2008 ,..(j:. .. \" '. ..\1' .,...... Y(J,/, .~" .' ". c" \'INTE~.~ . ('..81: RIi'ik\; . /<J' ~?;. ".\ . . , ~. p (" ~,,' . ~ : ~~~ . F. BUSH, ~~~yo~ _ ~.: :5: ; . " : ~, .-: .... .> ,.... v IV J . I ...., / '. ........~v ~_.. , "'/J '.:.S~~\'\':' ORENZO.LUACES 8 Febt;U,ary.23,2004 PUBLIC HEARING AGENDA ITEM 400 ANNEXA nON AGREEMENT EXHIBIT "A" LOCATION MAP Lake Jesup SUBJECT SITE /"\ LEGAL DESCRIPTION EAST 150 FEET OF LOT 6 BLOCK 'B', D,R. MITCHELL'S SURVEY OF THE LEVY GRANT, PLAT BOOK 1, PAGE 5 COMMISSION AGENDA ITEM 400 December 13,2004 ATTACHMENT-B Application for Annexation with property owner signatures APPLICATION FOR ANNEXATION AND SUBSEQUENT NDMENT & REZONING COMPREHENSIVE PLAN AME 01'1(2.,,[ SIL :-eNI vA\' Last F,U' J 9 II N 00- -r J~ 'S T . MAILING ADDRESS: LDN bl"-bO;) F L-OfL-r OA err / Slate .:}-Cl) 'L <;, 0 / 660 02/04/2004 23:55 1073274755 ------.--.----- - --- --- ~F~ ............ APPLICANT: PHONE: wmTER 5PRt~GS BLDDPT PAGE 02/04 -..- -- OF WINTER SPRINGS Cclo~ ~UN lTY 0 EVE LOEPMR~NATD 0:3: ARiMENT 112.6 STAT FL 31708 WINTER SPRiNGS, 407-327-5967 FAX:407-327-6695 ~~ c.n ~ ;-;J. ~ ~ o~~O-<, ..:> ~ ~ ""-::1-~ ~d ~ q,~-? ~ ~ ~f.\S'~ 'if" %1).1< ~...G'.s> PETITION S- f-) (., /1 R.. Middle )'2. 1-) S- 0 Zip Code If Applicant does NOT ov,.'n the propert)': PROPERTY OWNER: This request is for the property described below: PROPERTY ADDRESS: / I ~s 6 61LA,N(.. E. i4v 1:3:.) \'\j[N1 t":tL TAX PARCEL NUMBER: 26lA.03()S c~ro6 QOO()t)r~ ~b '-So / /) {, MAILING ADDRESS: /"--...... PHO~"E: SIZE OF PARCEL: Pirst Middle La51 City Slate Zip Code Sff2LNGS Fi';l'laJ Square FecI Acres Please Stllte the reasons or justification for your Annexatio . Comprehensive Plan Amendment (Future Land Use Change), and Rezoning request: l0 CC~f ,- 'S E: l"-,) 6 11... H () () kue B €NEFrTc; Or-: LAND usE wH.E/\J P/tfL T of 'l()wrJ (61\,.rrcip... Current COUNTY FUTURE LAND USE Classification: ~U (3 U f.. I:> AN G;; <i, -r~4 TG' r ( ..JN51:9'Z Vt:.ri, d\.J Request for a Change 10 CITY ofWinler Springs FUTURE LAND USE Classification: K)W\J CflVTtt. lv/CONS&?. 'v!J~'" If you are requesting II1l Amendment to the GOllb, Objectives, & Policies orehe City's comprehensive Plan. () \I~R..L'\y set forth the propo6ed Amendmem in detail and provide supporting documentation. Current COUNTY ZONING Classification: A - 3- fq G: ILL C (II 'Tvd..4 L Request for a Change to CITY of Winter Springs ZONING Classtf1clltion: -rOW N ( EN TG,I( ~~ .. ,- ,~". Pocrn hvie.d Apal16, 200l COMMISSION AGENDA ITEM 400 December 13,2004 ATTACHMENT- B Application for Annexation with property owner signatures. : : .... .. ...' . '. ..~c:f~, :". . TfiE FOLcO\VlN()ffeMS;~;roa~Stll'PtlEOwltH )'HIS AP~LICATloN; ..'.. ...... .... ....?>',~~:; '~Er' ,ef A '9"' of.,J ",.,t'''.~;URV"~O''.":"bj,,ip;''''Y;~;;'M~i~'r~:$O~~4$l;Pti~~~~:~?J .!~~..: . '~: :Ac:?pyofthe;JlEGALQ~~:GlUPf(9N,;' ': ': ..;:'"" ';,:~;ii:":;:~:': "'~: '1)i:{ 'K otorizcd Authorization, of the Owner. ," ,:,.' Q~~@.c. ' :~:: " . ~,,}, IF th:A~puc;nt :l~ othe:fi~h!in lhe ?:~vnel Qr AttO"',~,Y lor lh~ O~er ~see belowj. ,~~~~' ..~ ,,~I~I} l'.~AP$lu:)wingA.pJACENj;!.$T.REET~Sa,I:~",! ' :"': ;': ,,' , ' .. .' ZONING AND LAND:tISE ClaSSIfications on tlje. AJ)J}\CF,4'J,PRQPERTY, . ., . . . l ,j." , . ,.. ~',. . . .," "'., '\ o AT.'PUc;:.~\TIOi'lfEES:;:"" ..:' '" " ,! :: ' FEES ilrc:~s.~:HOWNBEuovr,pluS ACTUA~'c6s-rS'incurred'ro~.ApV13RtISlNG or NOT(l=lCA T10N; . an~ f6~REJMBURsEMEi,rj~!t<)'r ]'ECfmiCALiandloTt'ROFESSlQNAn SERVICES which.'inaYbe .;; "':. .re9uiT~d'.m:~O:Mec.ti9ri whh:~etcview,~;ispecdon'or ~~pr~vilroriiily 4~y,eloprnem (baoed:on:n~~O\l1lting:; ~ : . \$ubmirt~WbYj;Vu: e.ity':~ Gql\~91t'Bnt) . p<\,yn'qI~pri<ii.10;!lPPrpv,al Q,f;~!~e p'ei!,"C11t.S}ag~o,fd,e~~I~p:mlJ\t' ~:' ' - ,_,,(.1),.. c., . ":,' . :':AN"NEXA'IION... ..' ':'. '. ,"", ",,:,.; "'$500: $EX~rriP\: . (P'oP.rrrya~ptyi&gJOT':Mn~;i,JltiOn Drmv(lotioi)il{lhhC:iiY 3te~x~mPi'n6n\~hl$ fu!) . . ,.: ;:: 1. .:,'., .~.. .::> . . .......'. . ' ,I : ~ ' I,. '- . _ _' ." .'" , '. ,,' , j ,'p~~i\~e8AT(cttfAq~~~~J;NT':tdpll9.~~I)':, .':':, .' CO~.i'f'REflgNSIYEP'LP>N A:\;fe:NDME~'tT ~ei'Ap~li~~t'~, Small Sl:ale (Generally 10 aCre!H)r fewer) .: " ;. ; '" S $00 Laredcnle:(Qen~rnl!Y: MoJ'~ ~~'anJOacres; ;~~xt,~Illt.n~tn:t:nt$)l . .' ,,; ,.$,! OQO .:' (~r~~Y ",~P'~'~&fGri"':l)~:~atiF'~Y:;~rF~llitht ~t~&r~ p.'crrlP~ r~:O~'lhi'Je~), REZONING 'per Applicaiir'"'' .. :;' $:500' . '., ,', . :-Pi r.,;} ,~,','" -:':";'" ,'1":'::' ",;:;._,l,:!.,., ,": 'I" . ',' , ').,! ., ','" '", ,'",:;' ::.::,. .: ;;::" :'; .' ',.,:: :::,:' ,.;,: ~ ,;: ,"::"~~U~~;;~:;~~~'b (rr~"!y ~pJ>l)'..ngior.".'\~~,.~,.' IItiQnbr,i!'lvi,Ulii!",oflh.c, ~.; i~ a~eJ<emprlfO'."itlll'l:e~l" : ".;,~ ,;': ;;. . '1" ., '. ',t $" 30'0: . ,','. .n' '." _,r. , . " -1,', ,~'p,,,,~u~n, iO:~h~~, 1~1~fIRP~~:'~I,~~le~, rot'~l...nUE ~'..o: lit,? ~~'...:~-~,~~~::.:~:~;.-t:~,~. .*i~~.~~1":~~* ..-~.~.......~+.~+,...+~.t!.,,!;.~ ..t-lIO!.:"........".:... ~_.',...,.. 't-~". .t~..,.,~,-..,:"'~ ..~. fO~lJS:eW:H,GN:APPWCA'NT.1S OWNEROF'THESUBJECTPROPAAT'V:: " . " . . ' . . ,,' ,," .." -,,"" ",," "": ' "'" "",) : ; , ~ .. , ., . .. . . -'"'' : ')' ',' . ." _.' :.' ~," :-".,.:~. ! _ " ( .: ." .'..".;. : '\;.. . _ l . . . Th,~ 15t()~eITll\~tha~'1 affi \-~e,owne~ in fee 91~ple:ohubj~.ct .Ianci~ d~s~ribe~ \~;itilin lhi~ Applitilli~~ff)~ Annexatio.n 'iJ,ld Subsequ~ri(C.lltnprehel'lsjve Plan Ai'nendlllcrifallfj' ireibniilg Pellumj;' T. &'\!':>'il"-~-""~~"(: ,{:~'""::. ":' "':' "." '."" ',,' . SlgI1ature'QfO'\Vtlc{ .. .,; :'" . .;' . , "" ~ ::; < ; . ' ;:;" . " ' . .. "~.w(}.~. to..,.],:. n. d.i.S~b~..'.cd. bed Re.,. 'fi...O, :{!;.. m,e th.s.,,' . .'. ' ,s.,I}\y,o.f~c~;Y')+7: .., '20',Olt"" '" 1 -. . . 1:-": '. .j' .u....'.'.. ,.~, ..', ., . ,..."" .,'. -7 " ..., . t".-, .......:z,- ;/. - Fcr$onnlly Know/}': p,ro.. due Cd., ]de.. ~nu..f1c'a.p.o.n., : .. . :'.' ~;. . ~.: . 'ITr~e,} "F .t~ ~:l u.:~'~*J ~':. ~. ' r ,,'. '. ~ . i:" :,. :" ': ,p~Y~OaQinarieSc9arro . , ".i;~ ;~7~mm~OnO!)254?34 '. '. .~ ....'tF. ~"a5 &lr>lllmblir 30.~OO7 ' .. .' .1..1 ...................................................................................... FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY: This is to ,,,dry tbatlam th' Own" in f" simpl' of subjootlands dos"ib,d within this Applioodon fo' A",,~d Sub"qu,.t Compreh'nsivo Pian Am,ndm,nt and R=ning pOlition: " ' '/f., .:- . Signature of Owner .1)1/J (). _~ 1 IJv swom to and sub'i'.,ib'd b'lo" m' this u !- LX, I;V ) -1-- day of . )(.;.-\: 20~. Notary pu lic My Commission expires: x Personally Known , produc~~entification: (Type) \ \",.e,{'L L-\CQ.,VlC';'>~ Did take an Oath Did Not take and Oath i.>~1i\. Michael John Williams : :to . My commission 00167488 ~~.;o, ,~I E~plres November 24.2006 ^ ...................................................................................... FOR USE WHEN APPLICANT IS NOT OWNEB OF THE SUBJECT PROPERTY: do hereby with my notarized signature allow 1, _ to represent me in the Amlexation and Subsequent Comprehensive Plan Amendment and Rezoning Petition of my property, The property is identified as: Tax Parcel Number(s) Located at and as forth" id,ntiflod on th, MOl" and Bounds d,sedpdon pmvid,d with this Applica'ion. Signature ofOwner(s) Sworn to and subscribed before me this day of_ 20_. Notary Public My Commission expires: Personally Known _ Produced lD: (Type)_ Did take an Oath Did Not take and Oath Form Rc\-ised April 30. 2lX>> -----~~.. COMMISSION AGENDA ITEM 400 December 13,2004 ,-,-~'"+-:-~~_. , I ' , ~}v~'" ~~" , I ~ '~'t,G;,4~ ~~:.-t'+1.~';' r ;p;;t&" f I i I ATTACHMENT- B Survey --..--------,--..-..:---. c"; Sh' ..:~ t: ~~i -If'" ~~ U?l ~~ ".. Inti ~ ~~';j i5 8~~ vi t,~" 'fl' :i@~~ ~~ ~;H~ n;g ci3~ ~H:: !)DoO tL~ 1'1 ,J~~ '" &, \ll 0 ~~ r, Sp.~ wlj I.. ~~~ ~E ..:-?~B _.g ;;~~kt ~lt. ~;;:\!,.\.{ ," ~ iA"~~ ~<l; t),riiU1t.L ffil.HE -'~~~ ;~;;...:. ~;S~t ~icr ....-.._~r------ ;..~tflUJ.~----.,. , :-.::ih' '"""V<l"""<j''''''-''''J''''Q ~ t: ~. -(I'tG;-Tt-;-.~ - 2.;o'~ _.J~_~_ ____ , ,v"."'''' -1' , , ' r. ~ , I' ,,- G'I > 0: {n )C- o::: <l o ,,- :J o OJ a 2 <'1: 2 j 0. l.d 1- (71 ~Q ~l.I)'(V) ~, ~{h~J:1 ,.illmh) jl~~taM:,u-I~ <mum~ m~lr..rY~ r't , .g ~ i'!~ l!ivit],UH U".,.$.1h!g~ . I d f ~. -v,l ~ 5l ~ 1 et'I?~,L a DRAllCr. A\'l)IIlJE 1d!Hn!~6~a , ij!f _ _._____ !j}-"l!~', , _.!,.o.-.___-....-~_~"'-' _ -e\ ~;;:...l; (1").- o,t-- !P..Q :::i:~ tIJ.:!: z ~~. ..... 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COMMISSION AGENDA ITEM 400 December 13, 2004 ATTACHMENT- C ORDINANCE 2004-46 ORDINANCE NO. 2004-46 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING ONE (1) PARCEL OF REAL PROPERTY CONTAINING 1.96 ACRES, MORE OR LESS, LOCATED AT 1136 ORANGE A VENUE WITHIN SEMINOLE COUNTY, FLORIDA, AND LEGALLY AND MORE GENERALLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE; 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 THE DEPARTMENT OF STATE, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, this annexation will occur pursuant to the February 18, 2004 Annexation , Agreement entered into between the City of Winter Springs and Srinivas Chari and Ramani Kilambi, recorded in the official records of Seminole County, Florida, and found in O.R. Book 5223, Page 1506, and fully incorporated herein by this reference; and 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, City of Winter Springs Ordinance No, 2004-46 Page 1 of 3 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. 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 effecti ve date. Section 4. 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 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 effecti ve upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. [signatures on/ollowing page] City of Winter Springs Ordinance No, 2004-46 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 , 2004. 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 No, 2004-46 Page 3 of 3 COMMISSION AGENDA ITEM 400 December 13,2004 ATTACHMENT- C ORDINANCE 2004-46 EXHIBIT "A" LOCATION MAP lake Jesup SUBJECT SITE Parcel # 26-20-30-5AR-OBOO-006A Leaal Description: East 150 Feet of Lot 6, Block B, DR Mitchell's Survey of the Levy Grant, Plat Book 1, Page 5. Metes & Bounds Description: See attached survey with application.