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HomeMy WebLinkAboutOrdinance 2000-22 Annexation/L.D.Plante Property ORDINANCE NO. 2000-22 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 5.644 ACRES MORE OR LESS OF THAT PORTION OF THE L. D. PLANTE PROPERTY LOCATED WITHIN SEMINOLE COUNTY, FLORIDA AND ON THE WEST SIDE OF TUSKA WILLA ROAD, SOUTII 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 TIlE 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 intent and purpose of this Ordinance is to correct a surveyor's scriveners error in the legal description contained in Ordinance No. 2000-08 which, for purposes of annexation, should have (but did not) included the legal description which is the subject of this Ordinance; 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, in accordance with the policy of the State of Florida, this Ordinance in conjunction with Ordinance No. 2000-08 promotes the annexation of an existing enclave into the municipal boundaries of the City of Winter Springs, Florida; and OFFICIAL RECORDS BOOK 3967 PAGE 0550 SEMINOLE CO. FL. MARYANNE MORSE CLERK OF CIRCUIT COURT 623927 SEMINOLE COUNTY, FL RECORDED & VERIFIED 2000 DEC 6 AM 8:26 City of Winter Springs Ordinance No 2000-22 Page I of 3 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, 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 Staiutes, 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 COmrry, 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; Winter Springs Charter Amended. Pursuant to~ Section 166.031(3), Florida Statutes, and Section 171.091, Florida Statutes, the City ofWinterz 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 W inter 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 deciared invalid. Section 5. EfIectivc Date. This Ordinance shall become effective immediately upon adoption City or Winter Springs Ordinance No, 2000-22 Page 2 of 3 by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 14th day of August . 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 First Reading: July 24, 2000 Second Reading: Augus t 14, 2000 City of Winter Springs Ordinance No. 2000-22 Page 3 of 3 OFFICIAL RECORDS BOOK 3967 PAGE 0552 SEMINOLE CO. FL. EXHIBIT A METES and BOUND LEGAL Plante Property THOSE PORTIONS OF LOTS 38, 39, 40, 41, 42,43, 44, 45, 46, 47, 48, 57, 60 AND 61 LYING WEST OF TUSKAWILLA ROAD, "TUSKAWILLA," D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, AS RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AND PART OF VACATED RIGHT-OF-WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 1050, PAGE 401, SAID PUBLIC RECORDS, SAID PARCEL AS FURTHER DESCRIBED IN OFFICIAL RECORDS BOOK 148, PAGES 394-395 AND OFFICIAL RECORDS BOOK 260, PAGES 310-311, SAID PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 55, "TUSKAWILLA," D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, AS RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN S 870 02' 58" E, ALONG THE SOUTH LOT LINE OF SAID LOT 55, A DISTANCE OF 219.45 FEET TO A POINT LYING ON A CURVE, CONCAVE NORTHWESTERLY, HAVING A CENTRAL ANGLE OF 030 33' 15", A RADIUS OF 5677.58 FEET AND A CHORD BEARING OF N 120 08' 25" E; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 352.20 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A CENTRAL ANGLE OF 010 27' 37", A RADIUS OF 5781.58 FEET AND A CHORD BEARING OF N 110 05' 36" E; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 147.34 FEET FOR A POINT OF BEGINNING; THENCE DEPARTING SAID CURVE, RUN N 000 08' 13" E, A DISTANCE OF 51.09 FEET; THENCE RUN N 300 24' 55" W, A DISTANCE OF 60.00 FEET; THENCE RUN N 450 30' 24" W, A DISTANCE OF 146.05 FEET; THENCE RUN S 77009' 15" W, A DISTANCE OF 36.88 FEET; THENCE RUN S 210 01' 00" W, A DISTANCE 60.84 FEET; THENCE RUN S 13037' 33" W, A DISTANCE OF 72.97 FEET; THENCE RUN N 52028' 55" W, A DISTANCE ..., OF 52.37 FEET; THENCE RUN S 550 28' 46" W, A DISTANCE OF 62.62 FEET; THENCE RUN S 600 28' 25" W, A DISTANCE OF 40.33 FEET; THENCE RUN S 790 38' 15" W, A DISTANCE OF 80.50 FEET; THENCE RUN S 15002' 58" E, A DISTANCE OF 70.34 FEET; THENCE RUN N 820 34' 46" W, A DISTANCE OF 106.99 FEET; THENCE RUN N 82047' 09" W, A DISTANCE OF 95.32 FEET; THENCE RUN S 71044' 19" W, A DISTANCE OF 62.82 FEET; THENCE RUN N 82023' 13" W, A DISTANCE OF 166.51 FEET; THENCE RUN N 870 14' 19" W, A DISTANCE OF 194.43 FEET; THENCE RUN N 270 29' 37" E, A DISTANCE OF 69.65 FEET; THENCE RUN N 210 50' 46" W, A DISTANCE OF 60.65 FEET; THENCE RUN N 760 22' 07" W, A DISTANCE OF 61.47 FEET; THENCE RUN S 630 17' 04" W, A DISTANCE OF 40.69 FEET; THENCE RUN N 020 57' 55" E, A DISTANCE OF 185.18 FEET; THENCE RUN S 87002' 04" E, A DISTANCE OF 966.05 FEET; S 450 30' 23" E, A DISTANCE OF 213.45 FEET TO A POINT ON A CURVE, CONCAVE SOUTHEASTERLY, HAVING A CENTRAL ANGLE OF 01001' 13", A RADIUS OF 5781.58 FEET AND A CHORD BEARING OF S 12020' 01" W; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 102.95 FEET TO THE POINT OF BEGINNING. CONTAINING 5.644 ACRES, MORE OR LESS OFFICIAL RECORDS BOOK 3967 PAGE 0553 SEMINOLE CO. FL. Page 2 of Exhibit "A" MAP OF PROPERTY LEGIBILITY UNSATISFACTORY FOR MICROFILMING OFFICIAL RECORDS BOOK 3967 PAGE 0554 SEMINOLE CO. FL.