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HomeMy WebLinkAboutOrdinance 64 Annexation ORDINANCE NO. 64 AN ORDINANCE OF THE VILLAGE OF NORTH ORLANDO, FLORIDA, TO EXTEND ITS TERRITORIAL AND MUNI- CIPAL LIMITS TO ANNEX LANDS SITUATE AND BEING IN SEMINOLE COUNTY, FLORIDA, AND DESCRIBED IN EXHIBIT "A", WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, WHICH SAID LANDS ARE LYING ADJACENT TO AND WITHIN TWO MILES OF PRESENT BOUNDARIES OF THE VILLAGE OF NORTH ORLANDO AND WITHIN SEMINOLE COUNTY;ANNEXING SAME TO THE VILLAGE OF NORTH ORLANDO, FLORIDA;REDEFINING THE CORPORATE LIMITS OF THE VILLAGE OF NORTH ORLANDO TO INCLUDE SAID LANDS WITHIN THE MUNICIPAL LIMITS OF THE VILLAGE OF NORTH ORLANDO; TO INCLUDE THE ANNEXATIONS HEREIN ON THE NORTH ORLANDO MAP; SEVERABILITY; EFFECTIVE DATE; AND CONFLICTS. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH ORLANDO, FLORIDA: WHEREAS, the G R W Corporation, as nominee of G R W Venture, a joint venture and Winter Springs Development Corporation as nominee of Winter Springs Venture, a joint venture, owns ap- proximately 3,500 acres of land contiguous to the Village of North Orlando, Florida, or within two miles of the present boundaries of the Village of North Orlando, Florida, and within Seminole County, Florida; and WHEREAS, the G R W Corporation, as nominee of G R W Venture, a joint venture, and Winter Springs Development Corpo- ration, as nominee of Winter Springs Venture, a joint venture, have petitioned the Village Council of the Village of North Orlando, Florida, to annex said lands hereinafter described in Exhibit "A" attached hereto and made a part hereof, to include the same within the municipal limits; and WHEREAS, the Village Council of the Village of North Orlando, Florida; and the G R W Corporation, as nominee of G R W Venture, a joint venture, and Winter Springs Development Corpo- ration, as nominee of Winter Springs Venture, a joint venture, have entered into a contract setting forth certain conditions covering the said annexation, and WHEREAS, the G R W Corporation, as nominee of G R W a joint venture, and Winter Springs Development Corpo- ration, as nominee of Winter Springs Venture, a joint venture, are the owner of the majority of the lands contained in the below described subject property; and WHEREAS, the Village Council of the Village of North Orlando, Florida, is desirous of annexing the subject property pursuant to the authority contained in the Village Charter of the Village of North Orlando, Florida; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH ORLANDO, FLORIDA: SECTION I. That the Village of North Orlando, Florida, herewith and hereby annex those certain lands lying in Seminole County, Florida, and more particularly described in Exhibit "A" attached hereto and made a part hereof. SECTION II. That the Village Council of the Village of North Orlando, Florida, amend the Map of the municipal limits of the Village of North Orlando, Florida, to include the subject property, more particularly described in Exhibit "A" attached hereto and made a part hereof. SECTION III. If any Section or portion of Section or Subsection of this Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or portion of a Section or Subsection or part of this Ordinance. SECTION IV. EFFECTIVE DATE: That this Ordinance shall effect immediately upon its final passage and adoption. SECTION V. CONFLICTS. That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. PASSED AND ADOPTED this 11 day of October, 1971. FIRST READING October 11, 1971 SECOND READING October 11, 1971 FINAL READING October 11, 1971 Granville Brown MAYOR Attest: Mary T. Norton Village Clerk W.R. Hurt Councilman Chas. E. Kelley Councilman Charles E. Rowell Councilman Hubert J. Fork Councilman Troy J. Piland Councilman LEGAL DESCRIPTION Begin at the Southeast corner of Gardena Farms as recorded in Plat Book 6, Pages 23 and 24, Public Records of Seminole County, Florida; run thence N. 85o00'00" W. along the South line of said Gardena Farms a distance of 5479.23 feet to the Westerly right of way line of the Tuscawilla-Gabriella Road; run thence N. 04o24'22" E. along said Westerly right of way line a distance of 2450.55 feet; thence leaving said Westerly right of way line run S. 84o50'15" E. 1120.89 feet; run thence N. 04o04'15" E. 1969.15 feet; run thence N. 85o05'45" w. 418.47 feet to the Westerly right of way line of the aforesaid Tuscawilla-Gabriella Road; thence continue along said Westerly right of way line run N. 43o25'40" E. 521.37 feet to the point of curvature of a curve concave Northwesterly having a radius of 1612.02 feet, and a central angle of 20o05'33", run thence Northeasterly along the arc of said curve a distance of 565.30 feet to the point of tangency; thence continuing along said Westerly right of way run N. 23o20'07" E. 3903.29 feet to the point of curvature of a curve concave Northwesterly having a radius of 2839.79 feet and a central angle of 09o14'37"; thence run Northeasterly along the arc of said curve a distance of 458.15 feet to the point of tangency; thence continuing along said Westerly right of way line, run N. 14o05'30" E. a distance of 1581. 20 feet; thence leaving said Westerly right of way run S. 84o51'30" E. 1368.08 feet; thence run S. 05o10'20' W. 386.72 feet; run thence S. 84o50'40" E. 634.53 feet to a point on the Southerly right of way line of Railraod Avenue; run thence along said Southerly right of way line S. 54o56'40" E. 633.59 feet to a point on the Easterly right of way line of Gardena Avenue; run thence along said Easterly right of EXHIBIT A EXHIBIT A.Continued -2- way line N. 22o39'04" E. 142.94 feet to a point on the Southerly right of way line of Atlantic Seaboard Coastline Railroad: run thence along said Southerly right of way line S. 54o33'05" E. 587.22 feet: thence leaving said Southerly Railroad right of way run N. 00o11'11" E. 937.80 feet to a point on the Southerly right of way line of State Road No. 419: run thence the fol- lowing courses along said Southerly right of way line of State Road No. 419, N. 88o26'29" E. 2224.37 feet: thence run S. 89o58'56" E. 3686.53 feet: thence S. 89o21' 56" E. 2159.76 feet: thence leaving said Southerly right of way line run S. 00o16'36" W. 1962.76 feet to the Northeast corner of Section 8, Township 21 S., range 31 East: thence run S. 00o25'38" E. along the East Section line of said Section 8 a distance of 798.62 feet: run thence N. 82010'38" W. 310.20 feet run thence S. 04034'12" W. 1143.12 feet: run thence N.89034 '22" E. 406.56 feet: run thence S. 00025'38" E. 745.20 feet: :tun thence S. 89027'54" E. a distance of 1349.48 feet: run thence S. 00o09'56" W. 1326.01 feet: run thence N. 89013'53" W. 672.52 feet: run thence S. 00o00'36" W. 989.83 feet: run thence N. 89016'52" W. 671.86 feet to a point on the East line of the aforesaid Section 8: run thence S. 00o01'43" E. along said East line of Section 8,330.14 feet to the Northeast corner of Section 17, Township 21 S., Range 31 E.: run thence along the East line of said Section 17 S. 00o16'14" W. 1341.14 feet: thence leaving said East Section line run N. 89015'33" W. 4004.99 feet: run thence S. 00o14'56" W. 1775.71 feet; run thence N. 69o03' 43" W. 1415.02 feet; run thence N. 00o14' 26" W. EXHIBIT A. Continued -3- 687.66 feet; run thence N. 85o14'00" w. 602.10 feet; run thence S. 87o51'00" W. 1083.26 feet; run thence S. 00o15'09" E. 2167.87 feet; run thence N. 84o48'16" W. 2404.62 feet to the point of beginning; less that portion of Winter Springs as recorded in Plat Book 15, Pages 81 and 82 of the Public Re- cords of Seminole County, Florida; also less, begin at the Southeast corner of Gardena Farms as recorded in Plat Book 6, Page 23 and 24 of said Seminole County, Florida; run thence N. 05o09'50" E. 33.00 feet; run thence N. 85o00'00" W. parallel with the Southerly line of said Gardena Farms,4502.35 feet, to a point of beginning; run thence further N. 85o00'00" W. 627.31 feet; thence run N. 05o00'00" E. 225.00 feet; thence run N. 84;09'48" E. 175.44 feet; thence run S. 85o00'00" E. 455.00 feet; thence run S. 05o00'00" W. 257.98 feet to the point of beginning; ALSO LESS, begin at the Southeast corner of Gardena Farms as recorded in Plat Book 6, pages 23 and 24 of the Public Records of Seminole County, Florida; run thence N. 05o09' 50" E. along the East line of said Gardena Farms 7160.06 feet to a point on the Northerly right of way line of a Florida Power and Light Easement as recorded in O.R. Book 183, page 130; run thence N. 85o10'12" W. along said North- erly right of way line 2513.71 feet to a point on the South- erly right of way line of a Florida Power and Light Easement as recorded in D.B. 193, page 276, of said Seminole County~ run thence South 1098.64 feet; run thence N. 85o10'12" W. 772.70 feet to the point of beginning; run thence N. 04o49'48" EXHIBIT A. Continued -4- E. 300.00 feet; run thence N. 8510'12" W. 675.80 feet to the Easterly right of way line of the Tuscawilla-Gabriella Road; run thence S. 23o20'07"W. along said Easterly right of way line 316.36 feet; thence leaving said Easterly right of way line run S. 85o10'12" E. 776.20 feet to the point of begining. Containing 2890.9140 + acres. AND ALSO LESS, the South 33 feet of the aforesaid Gardena Farms Subd., AND ALSO LESS that part lying within existing North Orlando city limits, AND begin at the Northeast corner of Lot 6, Gardena Farms as recorded in Plat Book 6, Pages 23 and 24, Public Records of Seminole County, Florida; run thence Westerly along the North line of Lots 6 through 11 a distance of 3851.40 feet to the Northwest corner of Lot 11, of said Gardena Farms; run thence Southerly along the Westerly line of said Gardena Farms 6623.75 feet, thence run Westerly to a point 1309.8 feet North and 198 feet East of the Northwest corner of Section 13, Township 21 South, Range 30 East; thence run Southerly 1309.8 feet to a point 198 feet East of said Northwest corner of Section 13, Township 21 South, Range 30 East; thence run Easterly 906.5 feet; thence run N. 19o20' East 359.00 feet; thence run S. 850 E. 801.9 feet thence run S. 05o W. to the Westerly right of way line of the Tuscawilla-Gabriella Road; thence run Northeasterly along the said Westerly right of way line of the Tuscawilla-Gabriella Road to the point of beginning, AND ALSO Lots 1 and 2, Block A, D. R. Mitchell's Survey of the Levy Grant, Plat Book 1, Page 5, Seminole County Public Records, LESS all that part previously lying within the city limits of The Village of North Orlando. PETITION FOR ANNEXATION WHEREAS, the undersigned owns or controls the real property lying and being in Seminole County, Florida, part of which lies within the Village of North Orlando, and the re- mainder being contiguous to the existing boundaries of the Village of North Orlando, as described on Exhibit "A", attached hereto, comprising approximately 3,400 acres, hereinafter refer- red to as Winter Springs, and which Winter Springs is in the active process of development according to guidelines generally set forth as Planned Unit Development as defined in Ordinance No. 56 of the Village of North Orlando, and WHEREAS, the undersigned desires to annex that portion of Winter Springs presently not within the Village of North Orlando limits to the Village of North Orlando, and to become a part thereof subject to the following express conditions and agreements which, if this petition is accepted by the Village of North Orlando, will constitute an agreement between the parties controlling subsequent events relating to the develop- ment of said properties and which will be binding on all subse- uent officers, officials, and councils of the Village of North Orlando, to-wit: 1. Winter Springs Development Corporation and/or assigns will be granted an exclusive thirty (30) year utility franchise covering water and sewer on all of the property described on Exhibit "A" with the exception of that portion thereof presently lying within the corporate limits of the Village of North Orlando, subject to the agreement of the present franchise 2. The overall development plan for Winter Springs as resented simultaneously with this petition is acceptable to the Village of North Orlando insofar as the same relates to the percentage of types of development and percentage of open spaces and densities. 3. On annexation, the entire Winter Springs will be zoned Planned Unit Development, based upon said overall develop- ment plan. Actual development will be in stages of not less than fifty (50) acres. The provisions of Section 4, Subpara- graph 3 of said Ordinance No. 56 shall be applicable to the lands annexed only as to each stage actually being developed. 4. The provisions of Ordinance Nos. 50, 56, and other ordinances of the city applicable to the required public dedi- cation of percentages of park lands and/or open space require- ments in each record plat will not be applicable to the overall development of Winter Springs. 5. Open space requirements for Winter Springs shall be calculated as follows: (a) Low density development areas of two (2) dwelling structures per gross acre or less shall require open space equal to 5% of the land being platted to be provided as part of winter Springs. (b) High density development areas of over two (2) dwelling structures per gross acre shall have open space equal to 20% of the land being platted to be provided as part of Winter Springs. 6. Open space requirements for both low density and high density areas shall be based upon the overall development plan of Winter Springs. 7. Specific parcels may be developed without recreation space within the specific parcel limits as long as the open space requirements in 5(a) and (b) above are met in the overall development of Winter Springs. Open space requirements shall be construed to be based upon the overall plan to date of actual development as compared to the application on each par- ticular section as it is developed. 8. The calculations for open space requirements shall specifically include the presently planned golf course, stable area, riding trails, nature preserves, lakes, parks, marina and yacht club. 9. Open spaces utilized for parks or other recre- ational facilities will not be dedicated publicly, but may be owned privately or through a suitable home-owner's association or other organization so long as residents within the developed area have access thereto on a non-discriminatory basis. 10. The provisions of Ordinance No. 50, relating to open drainage ditches shall not be applicable to recreational areas such as the stable area, riding trails, and golf course. 11. The provisions of Ordinance No. 50 relating to private streets will be suspended in areas of the condominiums located on the overall development plan. 12. The provision of Ordinance No. 50 relating to curbs and gutters relating to lots of one acre or more in size shall be construed to mean an average of one acre or more in size. 13. Portions of Winter Springs platted into lots averaging one acre or more in size may use septic tanks in lieu of sanitary sewers provided soil conditions are suitable. The developer acknowledges that, to date, all activity in Winter Springs has been based upon planning performed by Mr. Harlan Hanson in order that the overall area will be com- patible with long range plans relating to population densities, land use, topography, aesthetics, and ecology. The developer represents that the continuation of the development project will be under the supervision of Mr. Hanson or a person or organi- zation of equivalent qualifications with the idea that mutual cooperation between the developer and Village of North Orlando will lead to an outstanding addition and contribution to the community. GRW Corporation Nominee for GRW Venture, a joint Venture WINTER SPRINGS DEVELOPMENT CORPO- RATION, nominee for Winter Springs Venture, a Joint Venture By: WILLIAM J. GOODMAN, PRESIDENT Dated: 9/27/71 The foregoing Petition for Annexation and the conditions therein specified were accepted by the Council of the Village of North Orlando at a regular meeting held on the 11 day of October, 1971, and was implemented by the adoption of Ordinance No. 64, passed on final reading on the 11 day of October, 1971. Granville Brown Mayor Attest: Mary T. Norton Village Clerk