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Home My WebLink AboutOrdinance 2016-06 Southern OaksORDINANCE NO. 2016 -06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING THE CITY PURSUANT TO SECTION 4.14 OF THE CITY OF WINTER SPRINGS CHARTER TO CONVEY 2.0168 ACRES OF REAL PROPERTY, MORE OR LESS, WHICH WAS OBTAINED BY THE CITY OF WINTER SPRINGS FROM THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT FOR STORMWATER PURPOSES; PROVIDING SAID CONVEYANCE SHALL BE TO TAYLOR MORRISON OF FLORIDA, INC. SUBJECT TO A DEVELOPER'S AGREEMENT BETWEEN TAYLOR MORRISON OF FLORIDA, INC. AND THE CITY WHICH GENERALLY PROVIDES THAT THE SUBJECT PROPERTY WILL BE USED FOR STORMWATER PURPOSES RELATED TO THE DEVELOPMENT OF A SINGLE FAMILY HOME PROJECT ADJACENT TO THE SUBJECT PROPERTY; PROVIDING FOR A TERMINATION OF CONVEYANCE AUTHORITY GRANTED HEREUNDER IF SAID CONVEYANCE IS NOT COMPLETED PURSUANT TO THE TERMS AND CONDITIONS OF THE DEVELOPER'S AGREEMENT; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO FINALIZE AND EXECUTE ANY DOCUMENTS TO COMPLETE THE RELEASE OF REVERTER AND FUNDING AGREEMENT WITH ST. JOHNS WATER MANAGEMENT DISTRICT AS APPROVED AND SET FORTH IN THIS ORDINANCE; PROVIDING FOR SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT ORDINANCES, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, on January 7, 2010, the City of Winter Springs ( "City ") obtained approximately 28 acres of real property, more or less, from the St. Johns River Water Management District ( "District ") related to the construction of a regional stormwater project which is now commonly known as the "Solary Canal Stormwater Project; and Page 1 of 4 WHEREAS, the aforesaid real property is subject to a deed covenant that requires the property to be used for stormwater related improvements; and WHEREAS, a portion (2.0168 acre, more or less) of the aforesaid real property conveyed to the City was not originally incorporated into the Solary Canal Stormwater Project; and WHEREAS, the City Commission hereby finds that the City does not have a current need to utilize the 2.0168 acres of real property for the Solary Canal Stormwater Project or for some other stormwater purpose; and WHEREAS, Taylor Morrison of Florida, Inc. desires to construct a single family home development project adjacent to the aforesaid real property and has a current need to utilize the 2.0168 acres for a stormwater pond related to the development project; and WHEREAS, the City Commission finds that Taylor Morrison of Florida, Inc.'s intended use of the 2.0168 acres is consistent with the purpose of the original conveyance of the subject property to the City and as such, the City Commission further finds that it is in the best interests of the citizens of Winter Springs to permit Taylor Morrison of Florida, Inc. to utilize the 2.0168 acres of real property for stormwater purposes under the terms and conditions of a Developer's Agreement between Taylor Morrison of Florida, Inc. and the City, dated February 8, 2016; and WHEREAS, the City Commission also finds that conveying the subject property to Taylor Morrison of Florida, Inc. will serve a public purpose because said conveyance will not only provide for enhanced stormwater treatment for the proposed development proj ect using Outstanding Florida Water stormwater treatment criteria with approval by the District, but it also provides an opportunity for the City and the District to conduct additional maintenance and improvements to the Solary Canal Stormwater Project; and WHEREAS, in furtherance of the City Commission's findings, the City Commission hereby determines that it is in the best interests of the City of Winter Springs to convey the 2.0168 acres of real property, which is legally described herein, to Taylor Morrison of Florida, Inc. as provided in this Ordinance; and NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. City of Winter Springs Ordinance No. 2016 -06 Page 2 of 4 Section 2. Sale of Real Property. The City Commission of the City of Winter Springs hereby authorizes the City to sell and convey the real property legally described on EXHIBIT "A" attached hereto to Taylor Morrison of Florida, Inc. EXHIBIT "A" is hereby deemed fully incorporated herein by this reference. Said conveyance and subject real property shall be subject to the terms and conditions of the Developer's Agreement between the City and Taylor Morrison of Florida, Inc., dated February 8, 2016. Section 3. Termination of Conveyance Authority. The conveyance authority granted pursuant to Section 2 of this Ordinance shall automatically terminate if the conveyance ofthe subject real property does not occur pursuant to the terms and conditions of the Developer's Agreement. If said termination occurs, this Ordinance shall be deemed null and void and no longer effective. Section 4. Agreements with District. In conjunction with the conveyance authorized with the conveyance authorized by Section 2 of this Ordinance, the City Manager and City Attorney are authorized to finalize and execute whatever documents are necessary to complete the release of the reversionary interest referred to in the Developer's Agreement. In addition, the City Commission hereby approves the Agreement Between the St. Johns River Water Management District and the City of Winter Springs For Stormwater improvements to the Solary Canal Stormwater Project in the amount of $195,555 which was presented by City Staff to the City Commission during the adoption of this Ordinance. Said Agreement is subject to completing the conveyance of the subject property to Taylor Morrison of Florida, Inc. pursuant to the terms and conditions of the Developer's Agreement. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. City of Winter Springs Ordinance No. 2016 -06 Page 3 of 4 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 13th day of June, 2016. ATTEST: AN A LORENZO- LUACES, City Clerk f Approved as to legal form and sufficiency for the City inter Springs only: ANTHONY A. GARGANESE, City Attorney Legal Advertisement: June 3, 2016 First Reading: May 9, 2016 Second Reading: June 13, 2016 Effective Date: June 13, 2016 CHARLES LACEY City of Winter Springs Ordinance No. 2016 -06 Page 4 of 4 EXHIBIT" All (Dry Pond Area) ,41A//) 1)At,�'("A)11' 1Y0A` NOT A BOUNIMMY S(IRVP'Y ,,)r,;-rRiP7f0.Y A.-, MIOWr, "; l +, —',!, ,IA iw. W !— 4" 6:0 f o.'t .. DI{ Io ,'4 w b"t" r u.. K Low. W ero v— LW—J, -j IVA' Nwir vowe "jivs.1"N Jay wy bm, -r 0 0 ON, V, dold let mr,4v QqN4 W, L. M rK :-? 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