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HomeMy WebLinkAboutOrdinance 372 Annexation ORDINANCE NO. 372 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA TO EXTEND ITS TERRITORIAL AND MUNICIPAL LIMITS TO ANNEX THE HEREINAFTER DESCRIBED LANDS SITUATED AND BEING IN SEMINOLE COUNTY, FLORIDA, PURSUANT TO FLORIDA STATUTES 171.044; PROVIDING DIRECTIONS TO THE CITY CLERK; SEVERABILITY; CONFLICTS; AND EFFECTIVE DATE. WHEREAS, Herbert L. and Roberta Henson have petitioned the City Commission of the City of Winter Springs, Florida, to annex the property described as follows as the owners thereof: Lot 25, Block D, D.R. Mitchell's Survey of the Levy Grant, Plat Book 1, Page 5, Public Records of Seminole County, Florida. WHEREAS, the Charter of the City of Winter Springs provides for the annexation of property into the corporate limi ts when enacted by an ordinance of the City, and pursuant to a petition of the landowners; and WHEREAS, Florida Statute 171.044 of the General Laws of Florida, provides that a Municipal corporation may annex property into its corporate limits, upon the voluntary petition of the owners, by passing and adopting a non-emergency ordinance to annex said property; and WHEREAS, the City Commission of the City of Winter Springs, Florida, is desirous of annexing and redefining the boundaries of the municipality to include the subject property pursuant to the authority contained in the City Charter of the City of Winter Springs, Florida, and Florida Statute 171.044, General Laws of Florida. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA HEREBY ORDAINS: SECTION I: That the City of Winter Springs, Florida, does herewith and does hereby annex and redefine the boundary lines of the municipality of the City of Winter Springs, Florida, by including those certain contiguous lands lying in Seminole County, Florida, and more particularly described as follows: Lot 25, Block D, D.R. Mitchell's Survey of the Levy Grant, Plat Book 1, Page 6, Public Records of Seminole County, Florida. SECTION II: That the City of Winter Springs land use classification and zoning category of this property will be assigned in accordance with Florida Statute 163.3184. SECTION III: That upon passage and adoption of this ordinance the City Clerk is hereby directed to file a certified copy of this ordinance with the Clerk of the Circuit Court in and for Seminole County, Florida and to file a certified copy with the Department of State of the State of Florida. SECTION IV: That if any section or portion of a 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 V: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION VI: That this ordinance shall take effect simultaneously with the passage of an ordinance which classifies the land use of the property as Light Industrial. In "the event such an ordinance is not passed, this ordinance shall be null and void. Passed and adopted this 4th day of May, 1987. CITY OF WINTER SPRINGS JOHN V. TORCASO, MAYOR ATTEST: Mary T. Norton CITY CLERK THIS INSTRUMENT WAS PREPARED BY: JACQUELINE KOCH CITY PLANNER CITY OF WINTER SPRINGS 1126 EAST S.R. 434 WINTER SPRINGS, FL 32708 First Reading 2/23/87. Posted 3/6/87. Second reading and Public Hearing 5/4/87 1847 0776 SEMINOLE CO. FL CITY OF WINTER SPRINGS REVD 2/5/87 APPLICANT FOR ANNEXATION OR CHANGE OF ZONING PLEASE PRINT IN INK OR TYPE x Annexation X Change of Zoning X Amendment to Land Use Map APPLICANT Amendment to PUD Preliminary Plan HENSON Last Name HERBERT L. AND ROBERTA First Middle Initial (If the applicant is not the owner of the subject property, the applicant must include a letter of authorization signed by the owner.) c/o Larry Dunn 1069 West Morse Boulevard Mailing Address Winter Park City Florida State 32789 Zip Code (305) 645-4400 Telephone Number Legal description of the subject property (attach map ): Lot 25, Block D of D.R. Mitchell's Survey of the Levy Grant, Plat Book 1. Paqe 5. Seminole County, Florida Total No. of Acres 10.41 Total Usable Acres 10.41 General Present Land Use Classification Rural Present Zoning Category A1 General location of subj ect property (including names and types of roads which tract abuts: South side S.R. 434, East of S.R. 419/434 intersection Present development status of land: Farmland Zoning Categories and Land Use Classification of abutting property: S. RU - City of Winter Springs, Also West and North-R-V/Land Use: rural Residential East Seminole County A-1/general rural Zoning Category requested Commercial-2 Land Use Classification Required Light Industrial Detailed information concerning purpose and intent of request: Applicant desires property to become part of the City of Winter Springs. Final annexation reading to take place after state approval of comprehensive land use change. FEE 0 Applicant/Owner Herbert L. Henson Roberta Henson AMOUNT RECEIPT NUMBER Ordinance References Information Verified By Koch Diagram of property EURO AMERICAN INVESTORS GROUP 1069 West Morse Boulevard · Winter Park, Florida 32789 305/647-7680 · Telex 4972053 Sunbelt WPRK August 24, 1987 HAND DELIVERY Ms. Jacqueline G. Koch Director of Administration and City Planner City of Winter Springs Winter Springs, Florida 32708 Dear Ms. Koch: Pursuant to your request, we would like to formally request that the Henson annexation/re-zoning effective date be set for October 20, 1987. The reason for this request is that the closing on the property is scheduled for October 19, and at Mr. Henson's request, the closing must take place before final annexation. I have attached a copy of the particular paragraph referencing the above. The Hensons are in con- currence that the closing would occur the day before the effective date for final annexation. We appreciate your assistance in this matter. Sincerely, an E. Kcf:/j~ Partner AEK/dw enclosure European Office Located At: The Hague, Netherlands EURO AMERICAN INVESTORS GROUP 1069 \Vcst Morse BO\llc\'ard · Wintcr Park, Florida 32789 305/647-7680 · Telcx 497205:~ S\lnbclt \vPRK August 17, 1987 Mr. and Mrs. Herbert L. Henson Post Office Box 852 Lake Mary, Florida 32746 Dear Mr. and Mrs. Henson: In Larry Dunn's absence, I am writing to you to inform you that the closing on your property has been scheduled for 10:00 a.m. on October 19, 1987, at the offices of Graham, Clark, Pohl & Jones, 369 New York Avenue, Winter Park, Florida 32789. The closing attorney in this matter will be Jesse E. Graham. Larry Dunn will be contacting you upon his return on September 1st. In the meantime, should you have any questions, please do not hesitate to contact me. We hope Mr. Henson is getting along better and we all wish him a speedy recovery. Sincerely, Cheryl Zulcosky Administrative Assistant /cz cc: Allan E. Keen A. C. Leerdam Jesse E. Graham, Esq. Larry B. Dunn ElInlJh:an ()l"l1",\..' Ltll:Uh'd ..\1: Tlil' llagl1l..... :\cllhTluIlds 3. Closing. The transaction contemplated in the Agree- ment shall be closed and the deed and other closing papers delivered within thirty (30) days of City of Winter Springs rezoning of the subject property or November 2, 1987, which date is earlier, at a time mutually agreed upon by Buyer and Seller. The Closing shall be held in the offices of Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P. A. (hereinafter referred to as the "Closing Attorneys"), 250 North Orange Avenue, Suite 1200, Orlando, Florida 32802. The Closing Attorneys shall prepare the deed, closing statement and other appropriate closing papers and shall cause the same to be delivered to Buyer and Seller, if reasonably possible, not less than ten (10) days prior to the Closing in order that Buyer and Seller may ensure that said documents have been prepared in accordance with the Agreement. The Closing Attorneys shall issue the title commitment and owner's title insurance policy (which shall be an ALTA Form B1970 marketability policy) provided for in paragraph IV and Standard A of the Contract. Buyer and Seller agree that Chicago Title Insurance Company and Attorneys I Title Insurance Fund are qualified title insurors acceptable to both parties. Closing must take place before final annexation. IN WITNESS WHEREOF, the parties hereto have executed Rider to Contract on the date shown above the signature of each. WITNESSES As to Buyer BUYER Executed by Buyer on the 8th day of February, 1987. A.C. LEEDAM SELLER Executed by Seller on the of February, 1987. HERBERT L. HENSON ROBERTA HENSON As to Seller -2- / / February 4, 1987 City of Winter Springs Winter Springs, Florida Gentlemen: As owners of Lot 25, Block D, of D.R. Mitchell's Survey of the Levy Grant, Seminole County, Florida. We authorize Mr. Larry Dunn and/or Mr. Allan Keen to represent us on all matters relative to our property. }~ t/~L~//Z---h Herbert L. Henson ~~1;?C." ~~ o erta Henson - Diagram of Property