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HomeMy WebLinkAboutOrdinance 2000-24 Annexation/Seminole Pines ORDINANCE NO. 2000-24 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA ANNEXING REAL PROPERTY CONSTITUTING AN ENCLAVE AND GENERALLY DESCRIBED AS A 0.836 ACRE PORTION OF THE SEMINOLE PINES ASSOCIATES L TD PROPERTY LOCATED WITHIN SEMINOLE COUNTY, FLORIDA AND ON THE WEST SIDE OF TUSKA WILLA 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 THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.046(1), Florida Statutes, the Florida Legislature has recognized that enclaves can create significant problems in planning, growth management, and service delivery, and has declared that it is the policy ofthe 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 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 promotes the annexation of 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 ofthe 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 ofWmter Springs during the calendar year 2000 shall not exceed 5 percent of the total land area of OFFICIAL RECORDS BOOK 3967 PAGE 0555 SEMINOLE CO. FL. MARYANNE MORSE CLERK OF CIRCUIT COURT 623928 SEMINOLE COUNTY, FL RECORDED & VERIFIED 2000 DEC 6 AM 8:26 City of Winter Springs Ordinance No. 2000-24 Page 1 of 3 OFFICIAL RECORDS BOOK 3967 PAGE 0556 SEMINOLE CO. FL 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 the 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 COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE 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; Winter Springs Charter Amended. Pursuant to Section 1666.031(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 ofreal 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 (3) days upon said approval. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. Ifany 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 ofthe remaining portions of this ordinance. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. City of Winter Springs Ordinance No. 2000-24 Page 2 of 3 OFFICIAL RECORDS BOOK 3967 PAGE 0557 SEMINOLE CO. FL ADOPTED by the City Connnission 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 SPRlNGS ONLY: Anthony A. Garganese, City Attorney First Reading: July 24, 2000 Second Reading: August 14, 2000 Effective Date: August 14, 2000 City of Winter Springs Ordinance No. 2000-24 Page 3 of 3 OFFICiAL RECORDS BOOK 3967 PAGE 0558 SEMINOLE CO. FL. EXHIBIT "A" THAT PORTION OF LOT 73, BLOCK "D" OF D. R. MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT AS RECORDED IN PLAT BOOK 1 AT PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LYING WEST OF TUSKAWILLA ROAD PHASE IV AND EAST OF THE SOUTHERLY EXTENSION OF THE WEST LINE OF TUSKAWILLA AS SHOWN ON SAID D. R. MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF OAK FOREST UNIT SEVEN AS RECORDED IN PLAT BOOK 39 AT PAGES 16 AND 17 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN S 84248' 49 " E, ALONG THE NORTH LINE OF OAK FOREST UNIT SEVEN, A DISTANCE OF 123.67 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE WEST LINE OF TUSKAWILLA AS SHOWN ON D. R. MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT AS RECORDED IN PLAT BOOK 1 AT PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AND A POINT OF BEGINNING; THENCE CONTINUE S 84248'49" ) E, ALONG THE NORTH LINE OF OAK FOREST UNIT SEVEN, A DISTANCE OF 1, 209 .13 FEET TO THE WEST RIGHT-OF-WAY LINE OF TUSKAWILLA ROAD PHASE IV; THENCE N 14208'55/1 E, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 54.48 FEET TO THE SqUTH LINE OF TUSKAWILLA AS SHOWN ON SAID D. R. MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT; THENCE N 87202'40" W, ALONG THE SOUTH LINE OF SAID TUSKAWILLA, A DISTANCE OF 1,218.71 FEET TO THE SOUTHWEST CORNER OF SAID TUSKAWILLA; THENCE S 03237 ' 30 n W ALONG THE SOUTHERLY EXTENSION OF THE WEST LINE OF SAID TUSKAWILLA, A DISTANCE OF 6.38 FEET TO THE POINT OF BEGINNING. CONTAINING 0.836 ACRE MORE OR LESS. OFFICIAL RECORDS BOOK 3967 PAGE 0559 SEMINOLE CO. FL. LEGIILITY UNSATISFACTORY FOR MICROFILMING DIAGRAM OF ANNEXATION PARCEL OFFICIAL RECORDS BOOK 3967 PAGE 0560 SEMINOLE CO,. FL. Diagram of Survey I hereby certify that this boundary survey is in accordance with the "Minimum Technical Standards" as required by DENNIS L. DEAL, P.L.S. 342 SEMINOLE CO..FL ThIs survey Is certIfied to and for the exclusive benefIt of. CHC Development Company. Inc. 131 Park Lake Street Orlando. FlorIda 32803 (407 )422 -.5456 BOUNDARY SURVEY bowyer.. singleton & associates INCORPORATED DATE 6/26/00 SCALE 1" =300' 520 S. Magnolia Avenue Orlando, Florida 32801 (4071 843-5120 DRAWN BY: SAW SHEET 1 OF 2 LEGIBILITY UNSATISFACTORY FOR MICROFILMING NOTICE OF CONSIDERATION OF ANNEXATION SEMINOLE PINES ASSOC. PROPERTY THIS PUBLIC HEARING WILL TAKE PLACE IN THE CITY COMMISSION CHAMBERS AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORI- DA. INTERESTED PERSONS MAY ATTEND AND BE HEARD. A COMPLETE LEGAL DESCRIPTION BY METES AND BOUNDS AND THE ORDINANCE PERTAINING TO THE ABOVE MAY BE OBTAINED FROM THE OFFICE OF THE CITY CLERK AT CITY HALL, 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. FOR MORE INFORMA- TION CALL 327-1800 #227. 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 DECI- SION OR RECOMMENDATION MADE BY THE LOCAL PLANNING AGENCY 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 NOTICE OF CONSIDERATION OF ANNEXATION SEMINOLE PINES ASSOC. 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 2000-24 TO ANNEX A 0.836 ACRE PORTION OF THE SEMINOLE PINES ASSOCIATES, INC. PROPERTY LOCATED ADJACENT ON THE NORTH SIDE OF OAK FOREST UNIT 7 IMMEDIATELY EAST OF TUSKAWILLA ROAD (SEE MAP BELOW). DIAGRAM OF ANNEXATION PARCEL THIS PUBLIC HEARING WILL TAKE PLACE IN THE CITY COMMISSION CHAM- BERS AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. INTEREST- ED PERSONS MAY ATTEND AND BE HEARD. A COMPLETE LEGAL DESCRIPTION BY METES AND BOUNDS AND THE ORDI- NANCE PERTAINING TO THE ABOVE MAY BE OBTAINED FROM ANDREA LORENlO-LUACES, CITY CLERK, AT CITY HALL, 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. FOR MORE INFORMATION CALL 327-1800 #227. 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 LOCAL PLANNING AGENCY 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