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Home My WebLink About2016 02 08 Other, Documents provided during Public Hearings “400” Date: February 8, 2016 The attached information relates to Public Hearings "400" as heard at the February 8, 2016 City Commission Regular Meeting. Mayor and Commissioners, RE: Agenda Item 400 Attachment "8": Ordinance 2015-01 Please note that Agenda Item 400 (Northern Oaks Annexation) Attachment 6: Ordinance 2015-01 Exhibit "A" was omitted from your agenda packet. Exhibit "A" has been revised to include a metes and bounds legal description and boundary survey. Please find attached Ordinance 2015-01. ORDINANCE NO. 2015-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING TWO (2) PARCELS OF LAND COMPRISING APPROXIMATELY 20.479 ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED JUST EAST OF THE INTERSECTION OF STATE ROAD 434 AND STATE ROAD 417, OVIEDO; SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND 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 A CONTINGENCY BASED ON PENDING QUIET-TITLE ACTION; 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 the 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 is aware that one of the property owners petitioning for annexation, Janet M. Mann, trustee, has filed a quiet-title action in the Seminole County Circuit Court against the property owner lying adjacent and west of the Mann Property, as a result of a claim that the adjacent property Walter Lee Hendrix and Bernice Hendrix("Hendrix"), are occupying a portion of land located in the southwest corner of the Mann Property which is the subject of this Ordinance; and WHEREAS,notwithstanding the aforesaid law suit,Mann is requesting that their real property be annexed into the jurisdictional limits of the City of Winter Springs at this time; and City of Winter Springs Ordinance No.2015-01 Page 1 of 3 WHEREAS, based on the advice of City staff and City Attorney, the City Commission has determined that the Quiet-Title action does not justify delaying Mann's request to annex their real property into the City because Mann is the actual owner of record of the real property legally described herein, provided a contingency is set forth herein; and WHEREAS, the City Commission desires to adopt this Ordinance subject to a contingency that provides to the extent that the Court determines, or Mann and Hendrix mutually agree by settlement agreement and a recorded real estate deed,that Hendrix is the owner of a portion of the southwest portion of the Mann Property which is subject to the lawsuit and this Ordinance, the portion of the Mann Property which is declared owned by Hendrix as a result of the lawsuit shall automatically be deemed excluded from this Ordinance because the City Commission acknowledges that Hendrix has not filed a voluntary petition to annex their property into to the City of Winter Springs at the time this Ordinance was adopted by the City Commission; 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 and shall provide a copy to the,Office of Economic and Demographic Research along with a statement specifying the population census effect and the affected land area. 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. Contingency to Address Quiet-Title Action,If Necessary. The City Commission acknowledges that Janet M. Mann, as Trustee of the Janet M. Mann Revocable Trust, Dated March 9,2004("Mann")has filed a Complaint to Quiet-Title against Walter Lee Hendrix;Bernice Hendrix and Bank of America ("Hendrix") in the Seminole County Circuit Court, Case NO. 2015 CA 001698 140-K. The basis of the complaint is that Mann alleges that Hendrix may be occupying the southwest corner of the Mann Property which is the subject of this Annexation. The City Commission hereby finds that it is not the intent and purpose of this Ordinance to annex any real property owned by Hendrix. Therefore, to the extent that the Court determines, or Mann and Hendrix mutually agree by settlement agreement and a recorded real estate deed, that Hendrix is the owner of any portion of the Mann Property legally described herein, particularly the southwest corner which is subject to the lawsuit and this City of Winter Springs Ordinance No.2015-01 Page 2 of 3 Ordinance,the portion of the Mann Property which is declared owned by Hendrix as a result of the lawsuit shall automatically be deemed excluded from this Ordinance and not annexed into the jurisdictional limits of the City. If such exclusion occurs after the adoption of this Ordinance, the City boundaries shall be redefined accordingly to remove the excluded property pursuant to Section 2 of this Ordinance,and the City Clerk is authorized to make the necessary corrections with the appropriate governmental agencies and to the City Charter. Further, to the extent that any City map incorporates the excluded property into the jurisdictional limits of the City including, but not limited to maps set forth in the City's Comprehensive Plan and Official Zoning Map,the City staff is directed to modify the City maps accordingly to remove the excluded property. 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 effective immediately upon adoption by the City Commission of the City of Winter Springs,Florida,and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida,in a regular meeting assembled on the th day of February,2016. Charles Lacey,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: February 8,2016 Legal Ad: Second Reading: February 22,2016 City of Winter Springs Ordinance No.2015-01 Page 3 of 3 EXHIBIT"A" DESCRIPTION THAT PART OF THE NORTHEAST 1/4, NORTHEAST 1/4,SOUTHWEST 1//4,SECTION 4,TOWNSHIP 21 SOUTH, RANGE 31 EAST,SEMINOLE COUNTY, FLORIDA,AND THAT PART OF NORTHWEST 1/4, NORTHWEST 1/4,SOUTHEAST 1/4,OF SECTION 4,TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF SAID NORTHEAST 1/4, NORTHEAST 1/4,SOUTHWEST 1/4; THENCE RUN N89°45'46"E,ALONG THE NORTH LINE OF SAID NORTHEAST 1/4, NORTHEAST 1/4, SOUTHWEST 1/4 AND THE NORTH LINE OF SAID NORTHWEST 1/4, NORTHWEST 1/4,SOUTHEAST 1/4, 1353.80 FEETTO THE NORTHEAST CORNER OF SAID NORTHWEST 1/4, NORTHWEST 1/4,SOUTHEAST 1/4;THENCE RUN S00°32'06"E ALONG THE EAST LINE OF SAID NORTHWEST 1/4, NORTHWEST 1/4, SOUTHEAST 1/4, 662.21 FEET,TO THE NORTH RIGHT OF WAY LINE OF COUNTY ROAD NO.434, PER FLORIDA DEPARTMENT OF TRANSPORTATION MAP 77070-W.P.I. NO 5117657;THENCE RUN WESTERLY ALONG SAID NORTH RIGHT OF WAY LINE THE FOLLOWING COURSES:S89°42'21"W, 66.96 FEET;THENCE RUN N89°47'34"W, 571.52 FEET;THENCE RUN S89°42'21"W, 714.40 FEET, TO THE WEST LINE OF SAID NORTHEAST 1/4, NORTHEAST 1/4,SOUTHWEST 1/4;THENCE RUN N00°37'05"W,ALONG SAID WEST LINE, 658.56 FEET,TO THE POINT OF BEGINNING. CONTAINING 20.479 ACRES, MORE OR LESS. 1SV3 l «ea so Lob oN a a e"i33iai'es 3 oiarvvvo,a a�m NzUr n -1 of ovio 30NV2 voiaou wsa'rvdwesie m o,vrvoa smoso�vi 3va oaµvao J0 Hinos to dIHSNM01 -�ui'6ul,ddeW=,:'6uiRa•smS �� 9 :9009 m3u NVNHSIB I� 9ad9o,°�3,;,W4 99,3„ 133HS a v9 90 N01103S �swoisA3a 000 sotbi :a3awnN aor ii 3AIW NGYa 'AY.LO YY ---------------- ° to .1L299 399.Z[d09 G G r'\I S 415m� s"g i gp ay i'-IawA- , I a ro aI • s � °;gym �';: � I � p. glx I msc .a4a£s„a. l ` Y J =, u,w.e::`/v" °:'a X tY � the^ oa' o- e �9aj . «« � aa $ g 4 W4 pu W cc OR CC '` g9 : d 'a fywd \ I OM � � �� _ � � /� „�,°•9ss99 M.901fA9N ml ––— – I I I I