HomeMy WebLinkAbout2017 08 14 Public Hearings 402 Ordinance 2017-17, First Reading, Metro Church Annexation
COMMISSION AGENDA
Informational
Consent
ITEM402
Public Hearings
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Regular
August 14, 2017KSBF
Regular MeetingCity ManagerDepartment
REQUEST:
The Community Development Department requests the City Commission hold a Public
Hearing to consider First Reading of Ordinance 201717, and a corresponding Annexation
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Agreement, for the proposed annexation of one parcel of land comprising approximately
2.92 acres, located at 300 West S.R. 434 and currently owned by Metro Church of Christ,
Inc.
SYNOPSIS:
The City received an application from Metro Church of Christ, Inc. for the voluntary
annexation of one parcel totaling approximately 2.92 acres located at 300 West S.R. 434.
Ordinance 201717 proposes the voluntary annexation of the subject property, and a
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corresponding Annexation Agreement establishes terms for connections to City water and
sewer systems.
CONSIDERATIONS:
Applicant: HT Real Estate Orlando, LLC
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Property Owner: Metro Church of Christ, Inc.
Property Location: 300 West State Road 434 (see Exhibit A Location Map)
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Tax Parcel Number: 04213130001500000
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Public Hearings 402 PAGE OF August 14, 2017
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Site Information: The 2.92 acre parcel is currently in unincorporated Seminole County
and is zoned A1 (Agriculture) with a future land use designation of
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Seminole County SE (Suburban Estates). The applicant has petitioned
the City to change the future land use designation of the parcel to City
of Winter Springs "Commercial" and to rezone the property to "C1
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Neighborhood Commercial."
APPLICABLE LAW AND PUBLIC POLICY:
Florida Statutes 163.2511163.3246: (Provides that land development regulations for
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municipal planning be consistent with the Comprehensive Plan)
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions
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Florida Statute 171.044 Voluntary Annexation
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Winter Springs Charter Section 2.03. Annexation procedure.
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Winter Springs Charter Article IV. Governing Body.
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Section 4.06. General powers and duties.
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Section 4.15. Ordinances in General.
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City of Winter Springs Comprehensive Plan.
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City of Winter Springs Code of Ordinances.
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ANNEXATION INFORMATION:
Metro Church of Christ, Inc. is currently in the process of selling the subject parcel to
Hobbs & Associates, Inc., a company that provides heating, ventilation, and air
conditioning (HVAC) products and engineering services to commercial contractors in the
southeastern United States. Hobbs & Associates is planning to use the subject parcel as a
professional office and training facility for its engineering and sales staff.
The requested annexation will allow the property to have access to City services, including
water and sewer systems. The property is currently connected to City of Oviedo water and
is on a septic system. Under the terms of the Annexation Agreement (Exhibit D), the owner
will be required to connect to City of Winter Springs water and sewer facilities within 13
months of annexation.
The surrounding area is generally characterized by singlefamily residential uses in the City
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of Winter Springs and the City of Oviedo. The Ladybird Academy daycare is immediately
east of the subject property and is in the City of Winter Springs. The northern and western
sides of the subject property are the Barrington Estates subdivision within the City of
Winter Springs. Access to the property is from an existing driveway on S.R. 434. The area
on the south side of the property, across the street from S.R. 434, consists of singlefamily
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residential subdivisions in the City of Oviedo.
The annexation application was complete and the parcel does not create any enclaves. The
subject property is contiguous with the Citys existing boundaries and is currently located
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in an unincorporated area of Seminole County that is surrounded on three sides by
properties in the City of Winter Springs.
Public Hearings 402 PAGE OF August 14, 2017
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The annexation request is consistent with all applicable goals, objectives and policies of the
City's adopted Comprehensive Plan. The City has capacity to provide the subject property
with the same urban services provided to other areas of the City, including water and sewer.
If the property is annexed, the applicants request for a Small Scale Comprehensive Plan
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Amendment changing the Future Land Use to City of Winter Springs Commercial” and
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the request for Rezoning to City of Winter Springs "Neighborhood Commercial (C1)" will
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then be considered by the City Commission.
In analyzing the annexation request, Staff determined that all statutory requirements related
to voluntary annexation have been satisfied. Ordinance 201717 (Exhibit B) is for the
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annexation of the property, and a corresponding Annexation Agreement (Exhibit D)
establishes terms for connections to City water and sewer systems. Staff is requesting City
Commission input on the Annexation Agreement as part of this agenda item. Final City
Commission approval of the Annexation Agreement will be requested as part of Second
Reading at the next City Commission meeting on September 11, 2017.
The Planning and Zoning Board met on August 2, 2017 and voted unanimously to forward
a recommendation of approval to the City Commission for Ordinance 201717.
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FISCAL IMPACT:
Based on the size and assessed value of the existing property, the annual tax revenue to
the City is estimated to be $4,500. Future improvements to the property, in conjunction
with Hobbs & Associates’ use of the land as a professional office, will likely increase
the future annual tax revenue to the City.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney/Staff, and is available on the Citys Website, LaserFiche, and
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the Citys Server. Additionally, portions of this Agenda Item are typed verbatim on the
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respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the Citys Website, LaserFiche, and the Citys
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Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas/Agenda Item information, Homeowners Associations/Representatives
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on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at six (6) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
Ordinance 201717 was advertised in the Orlando Sentinel on July 23, 2017 (see Exhibit C).
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RECOMMENDATION:
Staff recommends that the City Commission approve First Reading of Ordinance 201717.
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Public Hearings 402 PAGE OF August 14, 2017
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ATTACHMENTS:
1.Exhibit A Location Map (1 page)
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2.Exhibit B Ordinance 201717 (2 pages)
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3.Exhibit C Orlando Sentinel Legal Advertisement, July 23, 2017 (1 page)
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4.Exhibit D Annexation Agreement (12 pages)
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Public Hearings 402 PAGE OF August 14, 2017
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EXHIBIT A - LOCATION MAP
300 W SR 434 Annexation
0 100 200 400 600 800
Feet w" E
S
EXHIBIT B
ORDINANCE NO. 2017 -17
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, ANNEXING ONE (1) PARCEL
OF LAND COMPRISING APPROXIMATELY 2.92 GROSS
ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE
COUNTY, FLORIDA, AND GENERALLY LOCATED AT 300 W
SR 434, WINTER SPRINGS; SAID PARCEL 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 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 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
City of Winter Springs
Ordinance No. 2017 -XX
Page 1 of 2
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. 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.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the day of 12017.
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 Legal Ad:
First Reading:
Second Legal Ad:
Second Reading:
Effective Date:
Charles Lacey, Mayor
City of Winter Springs
Ordinance No. 2017 -XX
Page 2 of 2
Jz I Orlando Sentinel Sunday, July 23,2017 EXHIBIT C E
NOTICE OF PUBLIC HEARING
CITY OF WINTER SPRINGS
NOTICE IS HEREBY GIVEN THAT
THE CITY COMMISSION
PROPOSES TO CONSIDER THE FOLLOWING:
ORDINANCE NO. 2017-17
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, FLORIDA, ANNEXING ONE (1) PARCEL OF LAND COMPRISING
APPROXIMATELY 2.92 GROSS ACRES, MORE OR LESS, CURRENTLY
WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED AT
3DO W STATE ROAD 434, WINTER SPRINGS; SAID PARCEL 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 REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE.
ORDINANCE NO. 2017-18
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE
PLANNING; PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE
FUTURE LAND USE MAP FOR ONE (1) PARCEL OF REAL PROPERTY
WITHIN THE CITY OF WINTER SPRINGS CONSISTING OF 2.92 TOTAL
ACRES, MORE OR LESS, GENERALLY LOCATED AT 300 W STATE ROAD
434, WINTER SPRINGS, SAID PARCEL BEING MORE PARTICULARLY
DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO;
CHANGING THE FUTURE LAND USE MAP DESIGNATION ON THE PARCEL
FROM SEMINOLE COUNTY "SUBURAN ESTATES" TO CITY OF WINTER
SPRINGS "COMMERCIAL "; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO
THE COMPREHENSIVE PLAN; SEVERABILITY, AND AN EFFECTIVE DATE AND
LEGAL STATUS OF THE PLAN AMENDMENT.
ORDINANCE NO. 2017-19
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP
DESIGNATION OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 2.92
GROSS ACRES, MORE OR LESS, GENERALLY LOCATED AT 300 W STATE
ROAD 434, WINTER SPRINGS, SAID PARCEL BEING MORE PARTICULARLY
DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO;
CHANGING THE ZONING DESIGNATION OF THE PARCEL FROM SEMINOLE
COUNTY "A -1 AGRICULTURE DISTRICT" TO WINTER SPRINGS "C -1
NEIGHBORHOOD COMMERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY,
AND AN EFFECTIVE DATE.
EXHIBIT A
PLANNING 8 ZONING BOARD / LOCAL PLANNING AGENCY PUBLIC HEARING
WILL BE HELD ON
WEDNESDAY, AUGUST 2,2017
AT 5:30 P.M. OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
CITY COMMISSION FIRST READING PUBLIC HEARING WILL BE HELD ON
MONDAY, AUGUST 14,2017
AT 5:15 P.M. OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
CITY COMMISSION SECOND READING PUBLIC HEARING WILL BE HELD ON
MONDAY, SEPTEMBER 11, 2017
AT 5:15 P.M. OR SOON THEREAFTER IN THE 3 `7-
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
The proposed ordinances and complete legal description by mates and bounds
may be obtained by interested parties between 8 a.m. and -5 p.m., Monday
through Friday, at the City's Clerk's Office, located at 1126 E. SR 434, Winter
Springs, Florida. For more information, call (407) 327 -1800 #227. Persons
with disabilities needing assistance to participate in any of these proceedings
Should call (407) 327 -1800 #227, 48 hours in advance of the meeting. These
are public hearings. Interested parties are advised that they may appear at the
meetings and be heard with respect to the proposed ordinances. If you decide
to appeal any recommendation or decision made by the City Commission with
respect to any matter considered at these meetings, you will need a record of
the proceedings, and for such purposes, you may need to ensure that a verbatim
record of the proceedings is made upon which the appeal is based.
Prepared by and return to:
Anthony A. Garganese, Esquire
Garganese, Weiss, & D'Agresta, P.A.
Post Office Box 2873
Orlando, Florida 32802 -2873
(407) 425 -9566
EXHIBIT D
CITY OF WINTER SPRINGS
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT is made this day of
, 2017, by and between the CITY OF WINTER SPRINGS, FLORIDA,
a Florida Municipal Corporation ( "City "), whose address is1126 East State Road 434, Winter
Springs, Florida 32708, and METRO CHURCH OF CHRIST, INC., whose mailing address is
1491 E SR 434, Suite 101, Winter Springs, Florida 32708 ( "Owner ").
RECITALS:
WHEREAS, the City, acting by and through its City Commission, has under consideration
a Petition by the Owner to annex its property located generally at 300 W State Road 434, Winter
Springs, Florida 32708 ( "Property ") being more fully described in Exhibit "A," which is attached
hereto and made a part hereof by reference, to the City of Winter Springs; and
WHEREAS, the property is currently on a septic system and is served by City of Oviedo
for water service; 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 annex the
Property without utilizing City water and sewer services; and
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 /Ter min ation.This Annexation Agreement shall become effective
upon execution by both parties and shall remain in effect until either (a) the Owner abandons its
attempts to annex the Property to the City prior to passage of the applicable ordinance effectuating
the annexation and amending the boundaries of the City pursuant to the City of Winter Springs
Charter ( "Ordinance "); (b) the City Commission declines to adopt the Ordinance; or (c) upon
passage of the Ordinance, until sewer and /or water service provided by the City is permanently
discontinued by the City. 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. Within 13 months of annexation into the City of
Winter Springs, the Owner shall cause the Property to be fully disconnected from the City of
Oviedo water service and the onsite septic system and shall connect to the City of Winter Springs
water and sewer systems. The applicable City of Winter Springs water and sewer connection fees
shall be paid at the time of connection. 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
Owner to the City's sewer and /or water system, to provide a method for such installation, or to pay
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for all or any portion of such installation, to the extent that any such lines or related appurtenances
are not already installed. It is the Owner's sole responsibility to install and pay for the 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. Owner 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 Owner to connect to the City's sewer and /or water
system. Owner agrees 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. Owner acknowledges and agrees that it has submitted a petition for
annexation, titled "Application for Annexation and Subsequent Comprehensive Plan Amendment
& Rezoning Petition," ( "Application ") and further hereby consents to the annexation of the
Property by, and to, the City. The City's administrative and advertising costs of the annexation
shall be borne by 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
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Commission of the City of Winter Springs. A determination by the City that the Property is
eligible for annexation shall be binding on the Owner. Owner hereby waives any right to object
to, or appeal, the City's decision to annex the Property. Furthermore, Owner hereby agrees not to
register any written or verbal opposition to the City's annexation of the Property.
5. 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 a future land use designation of Commercial and zoning district of C -1 Neighborhood
Commercial, pursuant to the Owner's Application. 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 noway 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. It is understood and agreed that Owner will
pay the fees, costs, or expenses that are customarily charged by the City on account of or in
connection with the City's review and processing of the comprehensive plan and zoning map
amendments for the Property; provided, however, that the City shall pay its own attorney's fees
and consulting fees and staff time, as may be determined to be necessary by the City.
6. Owners' Representations and Warranties. Owner represents and warrants that
Owner possesses fee simple title to the Property, that Owner has full power and authority to enter
into this Annexation Agreement, that the undersigned is vested with full authority to execute this
Annexation Agreement on behalf of the Owner, and that upon execution of this Annexation
Agreement the same will be fully binding and enforceable according to its terms.
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7. Recordation. The Owner agrees and consents 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 Owner.
8. 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.
9. Limitations of Remedies. The parties hereby agree not to pursue an award of
monetary damages for a breach by or non - performance of the other party under this Agreement.
The only remedies of the other party available against the non - performing party under this
Agreement shall be either to withhold further performance under the Agreement until the non-
performing party cures the non - performance, or to seek a court order from the Circuit Court of the
Eighteenth Judicial Circuit in and for Seminole County, Florida requiring the non - performing party
to fulfill its obligations under the Agreement. However, nothing in this Agreement shall be
construed to limit the right of either party to pursue any and all available remedies if any, under
non -tort or constitutional law relating to a party's non - performance under the Agreement so long
as damages are not sought. The City will not waive sovereign immunity and does not waive
sovereign immunity to any extent by reason of this Agreement, and in the event Owner seeks any
relief against the City, the City may rely on any available defense arising out of its sovereign
immunity. In the event a court order is issued declaring non - performance by either party, the non-
performing party shall be required to reimburse the other party any actual and reasonable expenses
incurred as a result of the breach (excluding attorney's fees and legal costs).
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10. Development Permits. Nothing herein shall limit the City's authority to
grant or properly deny any development permit applications or requests subsequent to the effective
date of this Agreement. The failure of this Agreement to address any particular City, County,
State and /or Federal permit, condition, term or restriction shall not relieve Owner or the City of
the necessity of complying with the law governing said permitting requirement, condition, term or
restriction. Without imposing any limitation on the City's police powers, the City reserves the
right to withhold, suspend, or terminate any and all certificates of occupancy for any building or
unit if Owner is in breach of any term or conditions of this Agreement.
11. Attorneys' Fees. In the event of litigation arising out of or relating to this
Annexation Agreement, each party shall bear their own attorney's fees and costs.
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.
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 Owner.
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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.
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 OWNER:
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
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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. Drafting. City and Owner each represent that they have both shared equally in
drafting this Annexation Agreement and no party shall be favored or disfavored regarding the
interpretation of this Annexation Agreement in the event of a dispute between the parties.
19. Sovereign 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
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF SEMINOLE
J. Douglas Meyers
I hereby certify that the foregoing instrument was acknowledged before me this day
of 12017, by J. Douglas Meyers, as Executive Minister of Metro Church of Christ,
Inc., ❑ who is personally known to me, or ❑ who has produced as
identification.
ATTEST:
FLORIDA:
ANDREA LORENZO - LUACES
City Clerk
STATE OF FLORIDA
COUNTY OF SEMINOLE
NOTARY PUBLIC
CITY OF WINTER
By:
SPRINGS,
CHARLES LACEY, Mayor
I hereby certify that the foregoing instrument was acknowledged before me this day of
2017, by CHARLES LACEY, Mayor of the City of Winter Springs, ❑ who
is personally known to me.
NOTARY PUBLIC
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
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Sketch of Description Sheet 1 of
Legal Description:
LEGAL DESCRIPTION:
EXHIBIT E
THE WEST 425 FEET OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST
1/4 OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, RUN S
00 029'58" E ALONG THE EAST LINE OF SAID SECTION 4, A DISTANCE OF 2473.42 FEET TO THE EAST a CORNER
OF SAID SECTION 4; THENCE DEPARTING SAID EAST LINE RUN S 89 051'53" W, ALONG THE SOUTH LINE OF THE
NORTH 2 OF SAID SECTION 4, A DISTANCE OF 25.00 FEET; THENCE DEPARTING SAID SOUTH LINE, RUN S
00 021'31" EAST, A DISTANCE OF 25.00'; THENCE N 89 051'53" E, A DISTANCE OF 25.00' TO A POINT ON THE EAST
LINE OF THE SOUTHEAST a OF SAID SECTION 4,SAID LINE ALSO BEING THE SOUTH LINE OF THE PLAT OF
BARRINGTON ESTATES AS RECORDED IN PLAT BOOK 62, PAGES 77 -80 OF THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FL; THENCE S 00 021'31" E, ALONG SAID EAST LINE, A DISTANCE OF 306.84 FEET TO A POINT ON THE
SOUTH LINE OF THE NORTH z OF THE NORTHEAST a OF THE NORTHEAST 4, OF THE SOUTHEAST a OF SECTION
4; THENCE DEPARTING SAID EAST LINE RUN S 89 050'14" W, ALONG SAID SOUTH LINE, A DISTANCE OF 236.88
FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREIN;
FROM THE POINT OF BEGINNING; DEPARTING SAID SOUTH LINE RUN S 00 002'01" E, A DISTANCE OF 299.51 FEET
TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF WEST STATE ROAD 434, AS NOW ESTABLISHED; THENCE
ALONG SAID NORTH RIGHT -OF -WAY LINE, S 89 032'38" W, A DISTANCE OF 289.24 FEET; THENCE CONTINUING
ALONG SAID NORTH RIGHT -OF -WAY LINE, S 89 051'01" W, A DISTANCE OF 135.77 FEET TO A POINT OF
INTERSECTION WITH THE EAST LINE OF AFORESAID PLAT OF BARRINGTON ESTATES; THENCE DEPARTING
SAID NORTH RIGHT -OF -WAY LINE AND ALONG SAID EAST LINE, RUNG N 00 002'02" W, A DISTANCE OF 300.96
FEET; THENCE RUN ALONG THE AFORESAID SOUTH LINE OF THE PLAT OF BARRINGTON ESTATES N 89 °50'14"
E, A DISTANCE OF 425.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED.
SAID LAND CONTAINING 127,705 SQUARE FEET OR 2.93 ACRES MORE OR LESS.
This is NOT a Survey.
This is ONLY a Sketch.
ISketch of Description Prepared For: HT Real Estate - Orlando, LLC I
ketch Date:
Drawn B
HT Real Estate - Orlando, LLC
roperty IS NU I In a Flood crone Area, Lone - X ", t5ased on the F.LK,IVI. (Flood Insurance Kate Map)
Community Number 12117C Panel Number 0180 F Dated 09- 28 -07.
Zone Determination Shown Hereon is Given as a Courtesy, and is Subject to Final Approval by F.E.M. A.
)etermination may be affected by Flood Factors and /or other information NEITHER known by NOR given
s Surveying Company at the time of this Endeavor. Ireland & Associates urveying, Inc. andT —Sign!
ng
Ireland k Associates
e
Surveying, Inco
1301 S. International Parkway Suite 2001
Lake Mary, Florida 32746
www.irelandsurveying.com
Office - 407.678.3366 Fax - 407.320.8165
>Sketch is Based upon the Legal Description Supplied by Client.
>Abutting Properties Deeds have NOT been Researched for Gaps,
Overlaps and /or Hiatus.
>Subject to any Easements and /or Restrictions of Record.
>Bearing Basis shown hereon, is Assumed and Based upon the Line
Denoted with a "BB ".
>Building Ties are NOT to be used to reconstruct Property Lines.
> Fence Ownership is NOT determined.
>Roof Overhangs, Underground Utilities and /or Footers have NOT
been located UNLESS otherwise noted.
>Septic Tanks and /or Drainfield locations are approximate and MUST
be verified by appropriate Utility Location Companies.
>Use of This Sketch for Purposes other than Intended, Without
Written Verification, Will be at the User's Sole Risk and Without
Liability to the Surveyor. Nothing Hereon shall be Construed to
Give ANY Rights or Benefits to Anyone Other than those Certified.
I hereby Certify that this Sketch of Description of the above Described Property
is True and Correct to the Best of my Knowledge and Belief as recently
Surveyed under my Direction on the Date Shown, Based on Information
furnished to Me as Noted and Conforms to the Standards of Practice for Land
Surveying in the State of Florida in accordance with Chapter 5J- 17.052 Florida
Administrative Codes, Purs &tion 4AO27 Florida Statutes.
FOR
Patrick K. Ire d. <oRio P 6637 LB 7623
osuw� Date Signed: 7 /19/17
This Sketch is intended ONLY for the use of Said Certified Parties.
This Sketch NOT VALID UNLESS Signed and Embossed with Surveyor's Seal.
File No. IS -37358
CADD File: \ 7\ IrelandAssociates \IS- 37358SOD.d -,j
- Calculated
PC - Point of Curvature
- Centerline
Pg. - Page
.,B
- Concrete Block
PI - Point of Intersection
CM
- Concrete Monument
P.O.B.- Point of Beginning
Conc.
Concrete
P.O.L.- Point on Line
D
- Description
PP - Power Pole
DE
- Drainage Easement
FIRM - Permanent Reference
Esmt.
- Easement
Monument
F.E.M.A. - Federal Emergency
PT - Point of Tangency
Management Agency
R - Radius
FFE
- Finished Floor Elevation
Rad. - Radial
Fnd.
- Found
R &C - Rebar & Cap
IP
- Iron Pipe
Rec. - Recovered
L
- Length (Arc)
Rfd. - Roofed
M
- Measured
Set - Set %" Rebar &
N &D
- Nail & Disk
Rebar Cap "LB 7623"
N.R.
- Non - Radial
Typ. - Typical
DRB
- Official Records Book
UE - Utility Easement
P
- Plat
WM - Water Meter
P.B.
- Plat Book
D -Delta (Central Angle)
o-
- Wood Fence
-X- - Chain Link Fence
I hereby Certify that this Sketch of Description of the above Described Property
is True and Correct to the Best of my Knowledge and Belief as recently
Surveyed under my Direction on the Date Shown, Based on Information
furnished to Me as Noted and Conforms to the Standards of Practice for Land
Surveying in the State of Florida in accordance with Chapter 5J- 17.052 Florida
Administrative Codes, Purs &tion 4AO27 Florida Statutes.
FOR
Patrick K. Ire d. <oRio P 6637 LB 7623
osuw� Date Signed: 7 /19/17
This Sketch is intended ONLY for the use of Said Certified Parties.
This Sketch NOT VALID UNLESS Signed and Embossed with Surveyor's Seal.
File No. IS -37358
CADD File: \ 7\ IrelandAssociates \IS- 37358SOD.d -,j
Sketch of Description Sheet 2 of 2
Point of
Commencement
NE Carney Section 4 -21 -31
also
NE Corner of Plat N
t of Barrington Estates m d
Plat Book 62, Pages 77 -80
owlW_
q-553 W E
Not t(5 Scale
Point of m
Beginning m
Barrington Estates Parcel IDii
Plat Book 62, Pages 77 -80 04- 21 -31- 300 - 0150 -0000 _
N 89 "50'14" E 425.00' S line of Barrington Estates w
S line of N 112 NE 1l4 NE 114
BE 114 Section 4-21 -31
N 89 "50'14" E 236.e8'
an
I
I
a I
S } of NE 1 of NE 1 of SE 1 Sec 4 -21 J1
I
I
Parcel ID# 1.
04- 21 -31- 300 - 0150 -0000
cq
w
Z
Parcel ID#
W 425'of S} of ME l of ME l of SE 17 Sec 4 -21J1 °0 04- 21- 31- 300 -015A -0000
da
I
N Right -of -Way line of )Neat State Road 434
S 89 °51'01 "W 135.77 — — — — — — — — — — `Additional Right of (Per 766)
\\ Record Book 2766, fi, P Page 27fifi)
\Right of Way Per Plat of Oviedo Road Right of Way Per FDOT Maintenance Map
(Plat Book 6, Pages 74 8 75) (Section 77070, Pages 15 -19, Dated 03/16/1989) West State Road 434
(AKA: State Roatl 41 9)
Ireland k Associates
Surveying, Inc.
1301 S. International Parkway Suite 2001
Lake Mary, Florida 32746
www.irelandsurveying.com
Office- 407.678.3366 Fax - 407.320.8165
I
Y
This is NOT a Survey.
This is ONLY a Sketch