The URL can be used to link to this page

Home My WebLink AboutOrdinance 2000-27 Annexation/Dyson Drive ORDINANCE NO. 2000-27 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, PROPOSING TO ANNEX REAL PROPERTY GENERALLY LOCATED ON AND AROUND DYSON DRIVE BEING CONTIGUOUS TO THE BOUNDARIES OF THE CITY OF WINTER SPRINGS IN SEMINOLE COUNTY, FLORIDA, AND GENERALLY DESCRIBED AS THAT PART OF SECTION 13 TOWNSHIP 21 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY; FLORIDA; BEING RECORDED AS THE PLAT OF WINTER SPRINGS IN PLAT BOOK 15, PAGES 81 AND 82 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AND THAT PART OF TUSKA WILLA ROAD LYING WEST OF SAID PLAT AND THAT PART OF CITRUS ROAD LYING SOUTH OF SAID PLAT; AND A TRACT OF LAND BOUNDED BY SAID PLAT BEING MORE P ARTICULARL Y DESCRIBED IN EXHIBIT "A"; PROVIDING FOR THIS ORDINANCE TO BE SUBMITTED TO A VOTE OF THE REGISTERED ELECTORS OF THE DYSON DRIVE AREA PROPOSED TO BE ANNEXED; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE II, SECTION 2.01, TERRITORIAL BOUNDARIES, TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES IF THE ANNEXATION IS APPROVED BY MAJORITY VOTE OF SAID REGISTERED ELECTORS AT A DULY HELD REFERENDUM; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH THE DEPARTMENT OF STATE UPON SAID APPROV AL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR A CONTINGENT EFFECTIVE DATE. WHEREAS, in the best interest of the public health, safety, and welfare of the citizens of Winter Springs, the City Commission of the City of Winter Springs desires to annex the real property more particularly described below into the municipal boundaries of the City of Winter Springs; and WHEREAS, this annexation shall be pursuant to the annexation procedures contained in Section 171.0413, Florida Statutes; and OFFICIAL RECORDS BOOK 3967 PAGE 0561 SEMINOLE CO. FL. MARYANNE MORSE CLERK OF CIRCUIT COURT 623929 SEMINOLE COUNTY, FL RECORDED & VERIFIED 2000 DEC 6 AM 8:27 City of Winter Springs Ordinance No. 2000-27 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 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 City of Winter Springs's population; and WHEREAS, if this Ordinance becomes effective pursuant to the procedures in Section 171. 0413, Florida Statutes, the municipal boundary lines ofthe City of Winter Springs, contained in Winter Springs Charter, Article II, Section 2.01, shall be redefined to include the subject real property. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, HEREBY ORDAINS, AS FOLLOWS: Section 1. Annexation of Real Property. The City Commission hereby desires and proposes to annex the area of real property, which is more particularly described in the metes and bounds legal description and map attached hereto as Exhibit "A", contingent upon the approval of the registered electors of the area of real property proposed to be annexed. Approval or disapproval of the annexation shall be put to a vote of said registered electors by referendum duly held at the next regularly scheduled general election on November 7,2000 or the next special or general election thereafter. Exhibit "A" is hereby fully incorporated herein by this reference. Section 2. Referendum Election. The City Commission hereby calls a referendum to be conducted only in the area of real property proposed to be annexed by this Ordinance. The referendum shall be at the expense of the City of Winter Springs and held at the next regularly scheduled general election on November 7, 2000 or the next special or general election thereafter. The referendum shall not be held sooner than 30 days following the final adoption of this Ordinance. Section 3. Annexation Ballot Question. Concurrent with the scheduled election stated in Section 2 herein, the following question shall be placed on the ballot for consideration by the registered electors of the area of real property proposed to be annexed by this Ordinance. The question shall follow the placement on the ballot of any candidates running for elected office, if any. The caption and question shall be worded substantially as follows: OFFICIAL RECORDS BOOK 3967 PAGE 0562 SEMINOLE CO. FL. City of Winter Springs Ordinance No. 2000-27 Page 2 of 4 CITY OF WINTER SPRINGS ANNEXATION OF DYSON DRIVE AREA Shall the City of Winter Springs annex the area of real property generally known as the Dyson Drive area, as that property is described in Ordinance Number 2000- 27 of the City of Winter Springs, Florida, effective upon approval by a majority vote of the registered electors of that property? Yes - - For annexation of property described in Ordinance Number 2000-27 of the City of Winter Springs, Florida. No - - Against annexation of property described in Ordinance Number 2000-27 of the City of Winter Springs, Florida. Section 4. Coordination with Supervisor of Elections. The City Clerk is hereby authorized and directed to instruct and coordinate with the Supervisor of Elections of Seminole County to include the above-described question on the ballot for the area of real property proposed to be annexed by this Ordinance. Section 5. City Boundaries Redefined; Winter 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, providing the annexation is approved by a majority vote of the registered electors pursuant to referendum called and conducted pursuant to 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; otherwise, if the annexation is not approved by the registered electors, then the City Clerk shall not file the revision of the Winter Springs Charter. Section 6. 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 7. 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. Section 8. Whereas Recitals. The aforementioned "whereas" recitals are hereby fully incorporated herein by this reference as findings of the City Commission of Winter Springs. Section 9. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, however, the annexation proposed by this Ordinance shall only become effective if the proposed annexation receives approval by a majority vote of the registered electors of the area of real property proposed to be annexed by this Ordinance. OFFICIAL RECORDS BOOK 3967 PAGE 0563 SEMINOLE CO. FL. City of Winter Springs Ordinance No. 2000-27 Page 3 of 4 ADOPTED by the City Commission of the City of Winter Springs, Florida in a regular meeting assembled on the 28th day of August PAUL P. PARTYKA, MAYOR ATTEST: ANDREA LORNEZO-LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: August 14, 2000 Second Reading: August 28, 2000 Effective Date of Ordinance: August 28, 2000 Referendum Held On: Annexation Referendum Results: For Annexation Against Annexation City of Winter Springs Ordinance No. 2000-27 Page 4 of 4 .....) .-0 ;'0 :,>C u; Cf\ :') -r .--o:::-r rTl -J (' ~ z: 0 I rTl C) ',::> 0 .1 ..." ()'1 ~,.. G> I n r'fl - EXHIBIT A - SHEET 1 Sheet 1 See Sketch of Description DESCRIPTION: That part of Section 13 Township 21 South, Range 30 East, Seminole County; Florida; being recorded as the plat WINTER SPRINGS in Plat Book 15, Pages 81 and 82 of the Public Records of Seminole County, Florida, and that part of Tuskawilla Road lying West of said plat and that part of Citrus Road lying South of said plat; and a tract of land bounded by said plat being more particularly described as follows: Commence 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; thence run N 05009'30" E a distance of 33.00 feet; thence N 85000'00" W parallel with the Southerly line of said Gardena Farms a distance of2899.19 feet to the POINT OF BEGINNING; said point being the intersection of the East boundary line of the aforementioned plat WINTER SPRINGS and the North Right of Way line of Citrus Road; thence run N 85000'00" W along the South boundary line Blocks "A" and "F" of said plat and along said North Right of Way line for a distance 2580.38 feet to the Westerly Right of Way line of Tuskawilla Road as according to the aforementioned WINTER SPRINGS; thence N 04024'22" E along said Westerly Right of Way line for a distance of 1554.66 feet; thence run the following thirteen (13) courses along the North boundary line of said plat; S 85 000'00 a distance of 1220.50 feet; thence S 59008'04" E a distance of 184.34 feet; thence S 35008'02" E a distance of 164.69 feet; thence N 37009'31" E a distance of 190.00 feet; thence S 52050'29" E a distance of 170.00 feet thence N 3 r 09'31" E a distance of 99.14 feet; thence S 52050'29" E a distance of 284.65 feet; thence N 01 31006'10" E a distance of226.67 feet; thence S 85000'00" E a distance of 458.83 feet; thence S 20029'25" W a distance of 50.00 feet; thence S 56012'22" E a distance of238.58 feet; thence N 42034'49" E a distance of 247.48 feet; thence S 52050'29" E a distance of514.86 feet to a point in the center of Howell Branch; said point also lying on the Westedy boundary line of said plat WlNTER SPRINGS; thence run along said Westerly boundary line and along the center line of Howell Branch the following courses; S 18016'02" W a distance of41.09 feet; thence N 83046'25" W a distance of55.83 feet; thence S 25022'08" W a distance of 49.23 feet; thence N 73007'12" W a distance of 86.23 feet; thence S 76055'21" W a distance of63.85 feet; thence S 37027'51" W a distance of 87.07 feet; thence S 03031'16" E a distance of 105.25 feet; thence S 63029'31" W a distance of76.66 feet; thence S 09048'00" E a distance of213.45 feet; thence S 09020'54" W a distance of 95.50 feet; thence S 48049'27" W a distance of96.75 feet; thence S 43056'54" W a distance of 178.80 feet; thence S 11 052'27" W a distance of 144.05 feet; thence S 36022'20" W a distance of 131.49 feet; thence S 29041'40" W a distance of 187.83 feet; thence S 70011'40" W a distance of 171.51 feet to the Point of Beginning; together with that part of any additional Right of Way for Tuskawilla Road lying West of and adjacent to this description and together with that part of Citrus Road lying South of and adjacent to this description. Tinklepaugh Surveying Services, Inc. 379 West Michigan Street Suite 208 Orlando, Florida 32806 (407) 422-0957 This description and the accompanying sketch or sketches has been prepared in accordance with the Standards set forth in Chapter 61 G 17, F.A. C., pursuant to Chapters 177 and 472, Florida Statutes. Unless it bears the signature and the original raised seal of a Florida, licensed surveyor and mapper this drawing, sketch, plat or map is fur informational purposes only and is not valid. Prepared by: TOO-C96 EXHIBIT A - SHEET 2 Sketch of Description -Not a Survey- Diagram of parcel OFFICIAL RECORDS BOOK 3967 PAGE 0566 EXHIBIT A - SHEET 3 SKETCH OF DESCRIPTION -- NOT A SURVEY -- LINE TABLE NUMBER BEARING DISTANCE L1 S 59'08'04" E 184.34' L2 S 35'08'02" E 164.69' L3 N 37'09'31" E 190.00' L4 52'50'29" E 170.00' L5 N 37'09'31" E 99.14' L6 S 52'50'29" E 284.65' L7 N 31'06'10" E 226.67' L8 S 85'00'00" E 458.83' L9 S 20'29'25" W 50.00' L1O S 56'12'22" E 238.58' L11 42'34 '49" E 247.48' L12 S 52'50'29" E 514.86' L13 S 18'16'02" W 41.09' L14 N 83'46'25" W 55.83' L15 S 25'22'08" W 49.23' L16 N 73'07'12" W 86.23' L17 S 76'55'21" W 63.85' L18 S 37'27'51" W 87.07' L19 S 03'31'16" E 105.25' L20 S 63'29'31" W 76.66' L21 S 09'48'00" E 213.45' L22 S 09'20'54" W 95.50' L23 S 48'49'27" W 96.75' L24 S 43'56'54" W 178.80' L25 S 11'52'27" W 144.05' L26 S 36'22'20" W 131.49' L27 S 29'41'40" W 187.83' L28 S 70'1/'40" W 171.51' NOTE: See sheet 1 for legal description and certification. See sheet 2 for drawing and surveyors notes. PROJECT: Tinklepaugh CITY OF WINTER SPRINGS SURVEYING SERVICES, INC. FILE: SX # 7024 379 WEST lAlCHIGAN ST. . SUITE 208. ORlANDO. Fl. 32806 DRAWN BY: R. NIETO ORDER NO.: TOOC96 \ SCALE: 1"= 500' DATE: 7/25/00 (407) 422-0957 LICENSED BUSINESS No. 3778 OFFICIAL RECORDS BOOK 3967 PAGE 0567 SEMINOLE CO. FL. NOTICE OF ORDINANCE TO PROPOSE REFERENDUM TO ANNEX REAL PROPERTY Notice is hereby given that the City Commission of the City of Winter Springs will hold a first reading and public hearing of Ordinance 2000-27 to propose a referendum on November 7, 2000 to annex an area on the east side of Tuskawilla Road along Dyson Drive. The area proposed to be annexed is depicted on the map set forth below. A public hearing on the proposed Ordinance will be held on August 14,2000 at 6:30 PM at the Winter Springs City Hall in the City Commission Chambers 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 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 information call 327-1800 #227. Persons with disabilities needing assistance to participate in any of these pro- ceeding 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 recommenda- tionmade by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceeding, 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