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Home My WebLink AboutOrdinance 2001-34 1135 S.R.434 ORDINANCE NO. 2001-34 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING REAL PROPERTY LOCATED AT 1135 STATE ROAD 434 WITIDN SEMINOLE COUNTY, FLORIDA AND LEGALLY AND MORE GENERALLY DESCRIBED IN EXIDBIT "A" 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 APPROPRIATE AGENCIES UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, this is a voluntary annexation which shall be pursuant to the annexation procedures contained in Section 171.044, Florida Statutes; and WHEREAS, the City Commission has determined that the subject real property is reasonably compact and contiguous with the boundaries ofthe City of Winter Springs and will not create an enclave and otherwise satisfies the requirements for annexation; 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, upon effective date of this Ordinance, the municipal boundary lines ofthe City of Winter Springs, contained in Winter Springs Charter, Article II, shall be redefined to include the subject real property; and City of Winter Springs Ordinance No. 2001-34 Page 1 of 3 OFFICIAL RECORDS BOOK 4105 PAGE 0293 SEMINOLE CO. FL. MARYANNEMORSE CLERK OF CIRCUIT COURT 710166 SEMINOLE COUNTY, FL RECORDED & VERIFIED 01 JUN 19 PM 3:27 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, THE CITY COMMISSION OF THE CITY OF WINTER 1'l SPRINGS HEREBY ORDAINS, 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 into the City of Winter Springs 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 of Winter Springs Charter, Article IT, Section 2.0 1, shall hereby be amended to redefine the corporate boundaries ofthe 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 IT, Section 2.01, with the Department of State within thirty (30) days upon said approval. The City Clerk shall also file this Ordinance with the Clerk of the Circuit Court of Seminole County, the Chief Administrator of Seminole County, and the Department of State within seven (7) days of the effective date. 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. City of Winter Springs Ordinance No. 2001-34 Page 2 of 3 OFFICIAL RECORDS BOOK 4105 PAGE 0294 SEMINOLE CO. FL. 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. 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, Florida, in a regular meeting assembled on the 11 th day of June, 2001 Paul P. Partyka, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as toa legal form and sufficiency for the city of Winter Springs only Anthony A. Garganese, City Attorney First Reading: May 14, 2001 Second Reading: June 11, 2001 Effective Date: June 11, 2001 F:\DOCS\City of Winter Springs\Ordinances\2001-34 -- ANNEXATION.kj City of Winter Springs Ordinance No. 2001-34 Page 3 of 3 OFFICIAL RECORDS BOOK 4105 PAGE 0295 SEMINOLE CO, FL. Beginning at the most Easterly corner of that part of Block "B" of D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, as recorded in Plat Book 1, Page 5, in the office of the clerk of circuit court of Seminole County, Florida, lying South and West of the paved rroad leading from Sanford to Oviedo; thence along the Southwesterly side of the paved road North 38 degrees 45 minutes 1586.00 feet to a concrete monument for a point of beginning; thence continuing North 38 degrees 45 minutes West 200.00 feet; thence South 51 degrees 15 minutes West 291.30 feet to the southeasterly side of a dirt road; thence South 22 degrees 15 minutes East 208.80 feet; thence North 51 degrees 15 minutes East 351.10 feet to the point of beginning. Less road right of way described in Order of Taking recorded in O.R. Book 2803, Page 1023. Legal Description for 1135 S.R. 419/434 Request for Annexation Joseph M. Miranda EXHIBIT "A" OFFICIAL RECORDS BOOK 4105 PAGE 0296 SEMINOLE CO. FL LEGIBILITY UNSATISFACTORY FOR MICROFILMING ORDINANCE 2001-34 EXHIBIT "A" MAP OF SURVEY "BOUNDARY' Commencing at the most Easterly corner of that part of block 'B' of D.A. MITCHELL'S SURVEY OF THE LEVY GRANT. as recorded in Plat Book 1. Page 5 in the office of the Clerk of Circuit Court of Seminole County. Florida. lying South and West of the paved road leading from Sanford to Oviedo; thence along the Southwesterly side of the paved road North 3B degrees 45 minutes West 1586.00 feet to a concrete monument for a point of beginning: thence continuing North 38 degrees 45 minutes West 200.00; thence South 51 degrees 15 minutes West 291.30 feet to the Southeasterly side of a dirt road; thence South 22 degrees 15 minutes East 208.80 feet; thence North 51 degrees 15 minutes East 351.10 feet to the point of beginning. FRANKLIN, MIZO & REID CIVIL ENGINEERS-LAND SURVEYORS 1368 EAST CINE STREET KISSIMMEE, FL 34744 PHONE 846-1216 FAX 846-0037 CERTIFICATE NO. L86605 OFFICIAL RECORDS BOOK 4105 PAGE 0297 SEMINOLE CO. FL. Orlando Sentinel Published Daily State of Florida } S.S. COUNTY OF ORANGE Before the undersigned authority personally appeared DEBORAH TONEY , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newspaper published at ALTAMONTE SPRINGS in Seminole County, Florida; that the attached copy of advertisement, being a NOTICE OF CONSIDER in the matter of #2001-34 in the SEMINOLE Court was published in said newspaper in the issue; of 06/01/01 Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMONTE SPRINGS ,in said Seminole County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in ALTAMONTE SPRINGS in said SEMINOLE County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corpora' discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The foregoing instrument was acknowledged before me this 1 day of JUN, 2001, by DEBORAH TONEY who is personally known to me and who did take oath. (SEAL) NOTICE OF CONSIDERATION OF ANNEXATION CITY OF WINTER SPRINGS NOTICE is HEREBY GiVEN THAT THE CiTY COMMIS- SION OF THE CITY OF WINTER SPRINGS WILL HOLD A PUBLIC HEARING FOR SECOND READING OF ORDI- NANCE 2001.34 CONCERNING A PROPOSED ANNEX- ATION OF AN APPROXIMATELY 1.36 ACRE PARCEL OF LAND LOCATED AT 1135 STATE ROAD 434 AND GENERALLY DEPICTED ON THE MAP BELOW. (MAP) THE TITLE OF THE PROPOSED ORDINANCE IS "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING REAL PROPERTY LOCATED WiTHIN SEMiNOLE COUNTY FLORIDA AT 1135 S.R. 434 AND LEGALLY DESCRIBED IN EXHIBIT "A" HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTI- CLE 11, BOUNDARIES; TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVID. ING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH THE APPROPRIATE AGEN. CIES UPON SAID APPROVAL; PROVIDING FOR RE. PEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." THIS PUBLIC HEARING ON THE PROPOSED ANNEX. ATION WILL BE HELD ON JUNE 11. 2001 AT 6:30 P.M. AT THE WINTER SPRINGS CITY HALL IN THE CITY COM. MISSION CHAMBERS AT 1126 EAST SlATE ROAD 434. WINTER SPRINGS, FLORIDA. INTERESTED PERSONS MAY ATTEND AND BE HEARD. A COMPLETE METES AND BOUNDS LEGAL DESCRIP. TION OF THE SUBJECT PROPERTY AND THE ORDI. NANCE PERTAINING TO THE ABOVE MAY BE OB. TAINED 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 PROCEEDINGS SHOULD CONTACT THE EMPLOYEE RELATIONS DE. PARTMENT COORDINATOR 48 HOURS IN ADVANCE OF THE MEETiNG AT (407) 327-1800#236. THiS IS A PUBLIC HEARING. IF YOU DECIDE TO AP. PEAL 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 CSE3919022 JUNE 1,2001