HomeMy WebLinkAboutOrdinance 2000-08 Annexation/L.D.PlanteORDINANCE NO. 2000-08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, PROPOSING TO
ANNEX REAL PROPERTY CONSTITUTING AN ENCLAVE
AND GENERALLY DESCRIBED AS A TWENTY-NINE (29)
ACRE PORTION OF THE L. D. PLANTE PROPERTY
LOCATED WITHIN SEMINOLE COUNTY, FLORIDA AND
ON THE WEST SIDE OF TUSKA WILLA ROAD, SOUTH OF
MILKY WAY ROAD AND MORE PARTICULARLY
DESCRIBED IN 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 THE
DEPARTMENT OF STATE UPON SAID APPROVAL;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission has previously expressed its interest in annexing the
subject property [ref. 8-14-95 City Commission meeting]; and
WHEREAS, Pursuant to Section 171.046(1), Florida Statutes, the Florida Legislative has
recognized that enclaves can create significant problems in planning, growth management, and
service delivery, and has declared that it is the policy of the State to eliminate enclaves; and
WHEREAS, this annexation shall be pursuant to the annexation procedures contained in
Section 171.0413, 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
WHEREAS, this Ordinance proposes to annex an existing enclave into the municipal
boundaries of the City of Winter Springs, Florida; and
WHEREAS, this annexation is in compliance and consistent with the goals and objectives
City of Winter Springs
Ordinance No. 2000-08
OFFICIAL RECORDS
BOOK 3871 PAGE 1731
SEMINOLE CO FL
MARYANNE MORSE
CLERK OF CIRCUIT COURT
553086
SEMINOLE COUNTY, FL
RECORDED & vERIFIED
2000 JUN 21 AM 8:07
R CITY OF WINTER SPRINGS
of the City of Winter Springs Comprehensive Plan, Charter, and City Code; and
WHEREAS, if this Ordinance becomes effective pursuant to the procedures in Section
171.0413, Florida Statutes, the City Commission hereby finds that the total area annexed by the
City of Winter Springs during the calendar year 2000 shall not exceed 5 percent of the total land
area of the City of Winter Springs or exceed more than 5 percent of the population of the City of
Winter Springs; and
WHEREAS, if this Ordinance becomes effective pursuant to the procedures in Section
171.0413, Florida Statutes, 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, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WINTER SPRINGS, BREVARD COUNTY, FLORIDA, 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 by the City Commission. Exhibit" A" is hereby fully incorporated herein
by this reference.
Section 2. City Boundaries Redefined; Wmter 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.
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.
City of Winter Springs
Ordinance No. 2000-08
2
OFFICIAL RECORDS
BOOK 3871 PAGE 1732
SEMINOLE CO FL
Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs,"Plorida,. jn iregular
meeting assembled on the 10th day of April,2000
Paul P. Partyka, 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 4/10/2000
First Reading: March 27, 2000
Second Reading: April 10, 2000
City of Winter Springs
Ordinance No, 2000-08
OFFICIAL RECORDS
BOOK 3871 PAGE 1733
SEMINOLE CO FL
EXHIBIT
"A"
DESCRIPTlONS:
METES AND BOUNDS DESCRIPTION: (WRITTEN BY SURVEYOR)
BEGIN AT THE SOUTHWEST CORNER OF LOT 63. -TUSKAWILLA-. D.R. MITCHELL.S SURVEY OF THE LEVY GRANT.
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE
COUNTY. FLORIDA AND RUN S 87'02.05"E ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF THE CERTAIN 30 FOOT
RIGHT.OF-WAY ALONG THE SOUTHERLY LINE OF SAID -TUSKAWILLA-. I 145,76 FEET TO A POINT ON THE WESTERLY
RIGHT"OF-WAY LINE OF TUSKAWILLA ROAD AS SHOWN ON SEMINOLE COUNTY PUBLIC WORKS DEPARTMENT RIGHT.OF-WAY
MAP OF TUSKAWILLA ROAD PHASE IV, SAID POINT LYING ON A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF
5677,S8 FEET, A CHORD OF 291.14 FEET, AND A CHORD BEARING OF N 11'49'43"E: THENCE RUN NORTHEASTERLY
ALONG SAID CURVE. AN6 RIGHT-OF-WAY LINE, 291,18 FEET THROUGH A CENTRAL ANGLE OF 2-56'18- TO THE POINT
OF REVERSE CURVATURE OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF S781,S8 FEET, A CHORD OF
147.77 FEET, AND A CHORD BEARING OF N 11-05.33-E: THENCE RUN NORTHEASTERLY ALONG SAID RIGHT-OF"WAY
LINE AND CURVE, 147,77 FEET: THENCE DEPARTING SAID CURVE AND RIGHT-OF-WAY LINE RUN N 00'08'13"E, 51,09
FEET: THENCE RUN N 30'24'5S-W. 60.00 FEET: THENCE RUN N 4S'30'24"W, 146,05 FEET: THENCE RUN
S 77'09'IS'W, 36,88 FEET: THENCE RUN S 21'01 'OO"W. 60.84 FEET: THENCE RUN S 13'37'33"W, 72.97 FEET:
THENCE RUN N S2'28'SS"W, 52,37 FEET: THENCE RUN S SS'28'46'W. 62.62 FEET: THENCE RUN S -60'28'25'W,
40,33 FEET: THENCE RUN S 79'38'15'W. 80.50 FEET: THENCE RUN S IS'02'58-E, 70,34 FEET: THENCE RUN
N 82'34'46'W. 106,99 FEET: THENCE RUN N 82'47.09'W, 95,32 FEET: THENCE RUN S 71'44'19"W._ 62,82 FEET:
THENCE RUN N 82'23'13'w, 166.51 FEET: THENCE RUN N 87' 14'19:W. 194,43 FEET: THENCE RUN N 27'29'37"E,
69,65 FEET: THENCE RUN N 21'50'46'w, 60.65 FEET: THENCE RUN N 76'22'07"W, 6(,47 FEET: THENCE RUN
S 63'17'04"W, 40,69 FEET: THENCE RUN N 02' 57'55-E. 185.18 FEET: THENCE RUN S 87'02'04'E. 966.05 FEET:
THENCE RUN S 4S'30'23"E, 213.45 FEET TO A POINT ON A ON THE WESTERLY RIGHT-OF-WAY LINE OF TUSKAWILLA
ROAD AS SHOWN ON SAID SEMINOLE COUNTY PUBLIC WORKS DEPARTMENT RIGHT-OF-WAY MAP OF TUSKAWILLA ROAD
PHASE IV, SAID POINT BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 5781,58 FEET. A CHORD
OF 131.69 FEET, AND A CHORD BEARING OF N 13'29.48'E: THENCE RUN NORTHEASTERLY ALONG SAID CURVE AND
RIGHT-OF.WAY L!NE, 131.69 FEET THROUGH A CENTRAL ANGLE OF 1'18'18" TO THE POINT OF TANGENCY: THENCE
RUN N 14'08.SS'E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 239,54 FEET TO A POINT ON THE SOUTHERLY LINE
OF LOT 37 OF SAID "TUSKAWILLA': THENCE DEPARTING SAID WESTERLY RIGHT"OF-WAY LINE RUN S 87'02'06"E
ALONG THE NORTHERLY LINES OF SAID LOT 37 AND LOT 40 OF SAID "TUSKAWILLA" AND WESTERLY EXTENSION
THEREOF. 328.16 FEET TO A POINT ON THE CENTERLINE OF THAT CERTAIN RIGHT-OF-WAY LYING BETWEEN LOTS 24
AND 25 ON THE NORTH. AND LOTS 58 AND 55 ON THE SOUTH OF SAID -TUSKAWILLA', VACATED IN OFFIC.IAL RECORDS
BOOK 1050. PAGE 401 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA: THENCE RUN N 03'38'32'E ALONG
SAID CENTERLINE. 480,02 FEET TO A POINT ON THE EASTERLY EXTENSION OF THE NORTHERLY LINE OF SAID LOT
25: THENCE DEPARTING SAID CENTERLINE. RUN N 87'02'07"E ALONG THE SOUTHER~Y RIGHT-OF-WAY LINE OF THAT
CERTAIN RIGHT'OF-WAY LYING BETWEEN LOTS 2 AND 17 ON THE EAST AND LOTS 15 AND 32 ON THE WEST OF SAID
"TUSKAWILLA', 930,34 FEET TO THE NORTHWEST ~ORNER OF SAID LOT 32: THENCE RUN S 03'37.4I'W ALONG THE
EASTERLY RIGHT-OF-WAY LINE OF THAT CERTAIN 30 FOOT RIGHT-OF-WAY ALONG THE WESTERLY BOUNDARY LINE OF
SAID 'TUSKAWILLA", 1380.05 FEET TO THE POINT OF BEGINNING: CONTAINING 1292227.16 SOUARE FEET (29,6655
ACRES.
OFFICIAL RECORDS
BOOK 3871 PAGE 1734
SEMINOLE CO FL
NOTICE OF CONSIDERATION OF ANNEXATION
L.D. PLANTE PROPERTY
NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WIN-
TER SPRINGS WILL HOLD A SECOND READING AND PUBLIC HEARING OF.
ORDINANCE 2000-8 TO ANNEX A 29 ACRE PORTION OF THE L.D. PLANTE PROP-
ERTY LOCATED SOUTH OF THE INTERSECTION OF S.R. 434 AND TUSKAWILLA
ROAD, ON THE WEST SIDE OF TUSKAWILLA ROAD IMMEDIATELY SOUTH OF i
MILKY WAY DRIVE. (SEE MAP BELOW)
A PUBLIC HEARING ON THE PROPOSED ANNEXATION WILL BE HELD ON APRIL
10, 2000 AT 6:30 P.M. AT THE WINTER SPRINGS CITY HALL.
THIS PUBLIC-HEARING WILL TAKE PLACE IN THE CITY COMMISSION CHAM-
BERS AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. INTERESTED
PERSONS MAY ATTEND AND BE HEARD.
A COMPLETE LEGAL DESCRIPTION BY METES AND BOUNDS AND THE ORDI-
NANCE PERTAINING TO THEE ABOVE MAY BE OBTAINED FROM THOMAS
GRIMMS, AICP AT THE COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING
DIVISION, AT CITY HALL, 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORI-
DA. FOR MORE INFORMATION CALL 327-1800 #303.
PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY
OF THESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE RELATIONS
DEPARTMENT COORDINATOR 48 HOURS IN ADVANCE OF THE MEETING AT
(407) 327-1800#236.
THIS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY DECISION OR
RECOMMENDATION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, 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 TO BE BASED.
ANDREA LORENZO-LUACES
CITY CLERK