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HomeMy WebLinkAboutOrdinance 2001-52 Annexation/Dyson Drive ORDINANCE NO. 2001-52 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING ORDINANCE NO. 2000-27, AND 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 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 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 APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR A CONTINGENT EFFECTIVE DATE. WHEREAS, the City Commission previously adopted Ordinance No. 2000-27 calling a referendum to annex the real property which is subject to this Ordinance; and WHEREAS, because of events beyond its control, the City could not feasibly schedule the referendum election within the time prescribed in Ordinance 2000-27; and WHEREAS, THE City Commission desires to reschedule the referendum as provided hereunder; and City of Winter Springs Ordinance No. 2001-52 Page 1 of 5 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 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 current calendar year shall not exceed 5 percent of the total land area ofthe City of Winter Springs or exceed more than 5 percent ofthe City of Winter Springs's population; and WHEREAS, if the annexation is approved by a majority vote of the registered electors voting in the referendum, it is the intent of the City Commission to include the annexed area into the Tuscawilla Lighting and Beautification Assessment District, subject to the subsequent preparation and approval of the documents necessary to effectuate the inclusion into said District; 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 as soon as practicable at a special or general election. Exhibit" A" is hereby fully incorporated herein by this reference. City of Winter Springs Ordinance No. 2001-52 Page 2 of 5 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 as soon as practicable at a 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: 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 2001- 52 of the City of Winter Springs, Florida, effective upon approval by a majority vote of the registered electors of that property? Upon approval, it is the intent of the City Commission to include the real property within the Tuscawilla Lighting and Beautification District. DYes - - For annexation of property described in Ordinance Number 2001-52 of the City of Winter Springs, Florida. o No - - Against annexation of property described in Ordinance Number 2001-52 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. City of Winter Springs Ordinance No. 2001-52 Page 3 of 5 Section 6. Repeal of Ordinance No. 2000-27 and Prior Inconsistent Ordinances and Resolutions. Ordinance No. 2000-27 is hereby repealed in its entirety and all other 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. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 10th day of December , 2001. PAUL PARTYKA Mayor ANDREA LORENZO-LUACES City Clerk APPROVEDD AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney City of Winter Springs Ordinance No. 2001-52 Page 4 of 5 First Reading: November 26, 2001 Second Reading: December 10, 2001 Effective Date of Ordinance: See Section 9. Referendum Held On: Annexation Referendum Results: For Annexation Against Annexation F:\DOCS\City of Winter Springs\Ordinances\Dyson Drive Ordinance #2001-52 City of Winter Springs Ordinance No. 2001-52 Page 5 of 5 EXHIBIT A - SHEET 1 Sheet I See Sketch of Description DESCRIPTION: That part of Section 13 Township 21 South. Range 30 East. Seminole County; Florida; being recorded as the plat WlN1ER SPRINGS in Plat Book 15. Pages 81 and 82 of the Public Records of Seminole County, Florida, and that part ofTuskawilla 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 of33.00 feet; thence N 85000'00" W parallel with the Southerly line of said Gardena Fanus 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 distanoo 4)f 2580.38 feet to the Westerly Right of Way line of TuskawiUa Road as according to the aforementioned p!it WlN1ER SPRINGS; thence N 04024'22" E along said Westerly Right of Way line for a distance of 155446 feet; thence run the following thirteen (13) courses along the North boundary line of said plat; S 85000'00' E a distance of 1220.50 feet; thence S 59008'04" E a distance of 184.34 feet; thence S 35008'02" E a dista.rtCe of 164.69 feet; thence N3r09'31" E a distance of 190.00 feet; thence S 52050'29" E a distance of 170.00 feci; thence N 37009'31" E a distance of99.14 feet; thence S 52050'29" E a distance of284.65 feet; thence N 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 HoweU Branch; said point also lying on the Westerly boundary line of said plat WIN1ER SPRlNGS; thence run along said Westerly boundary line and along the center line of Howell Branch the following courses; S 18016'02" Wa distance of41.09 feet; thence N 83046'25" W a distance of55.83 feet; thence S 25022'08" W a distance of49.23 feet; thence N 73007'12" Wa distance of86.23 feet; thence S 76055'21" W a distance of63.85 feet; thence S 3r27'51" Wa distance of87.07 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 11052'27" Wa 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. This description and !he accompanying sketch or sketches has been prepared in accordance wi!h the Standards set forlh in Chapter 61 G 17, F.A.C., pursuant to Chapters 177 and 472, Florida Statutes. Unless it bears the signature and !he original raised seal of a Florida licensed surveyor and mapper this drawing. sketch, plat or map is for informational purposes only and is not valid. GERALD F. LIVERNOISE P.L.S. 33517 Date 7/31/-0 Prepared by: Tinklepaugh Surveying Services, Inc. 379 West Michigan Street Suite 203 Orlando, Florida 32806 (407) 422-0957 EXHIBIT A SHEET 2 SKETCH OF DESCRIPTION NOT A SURVEY CITY OF WINTER SPRINGS TINKLEPAUGH EXHIBIT A - SHEET 3 SKETCH OF DESCRIPTION -- NOT A SURVEY -- LINE TABLE NUMBER BEARING DISTANCE LT S 59'08'04" E 184.34' L2 S 3S'08'02" E 164.69' LJ N 37'09'31" E 190.00' L4 S 52'50'29" E 170.00' LS N 37'09'31" E 99.14' L6 S 52'SO'29" E 284.6S' L7 N 31'06'10" E 226.67' L8 S 8S'OO'oo" E 458.83' L9 S 2029'2S" W SO.OO' LTO S 5612'22" E 238.58' LT1 N 42'34'49" E 247.48' LT2 S 52'50'29" E 514.86' LT3 S 1816'02"' W 41.09' LT4 N 83'46'25" W 55.83' LT5 S 2522'08" W 49.23' LT6 N 73'07'12" W 86.23' LT7 S 76'55'21" W 63.8S' LT8 S 3727'SI" W 87.07' LT9 S 03'31'16" E 105.2S' L20 S 6329'31" W 76.66' L21 S 09'48'00" E 213.4S' L22 S 0920'54" 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 3622'20" W 131.49' L27 S 29'41'40" W 187.83' L28 S 70'11'40" W 171.51' NOTE: See sheet 1 or legal description and certification. See sheet 2 or drawing and surveyors notes. Tinklepaugh SURVEYlNG SERVlCES. INC. CITY OF WINTER SPRINGS NOTICE OF ANNEXATION OF REAL PROPERTY TO THE CITY OF WINTER SPRINGS The City of Winter Springs proposes to adopt the following ordinance: ORDINANCE NO. 2001-52 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING ORDINANCE NO. 2000-27, AND PROPOSING TO ANNEX REAL PROPER- TY 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 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 IN EXHIBIT "Pl.'; PROVIDING FOR THIS ORDINANCE TO BE SUB- MITTED 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 APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSIS- TENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR A CONTINGENT EFFECTIVE DATE. The following map depicts the location of the proposed annexation area: Dyson Drive Area A public hearing on the second reading of proposed Ordinance 2001-52 will be held on December 10, 2001 at 6:30 p.m. at the Commission Chambers, City of Winter Springs City Hall, located at 1126 East State Road 434, in Winter Springs, Florida. Interested parties may appear at the meeting and be heard regarding this ordinance. The proposed ordinance may be inspected by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office, located at 1126 East State Road 434, in Winter Springs, Florida. For more information call (407) 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 recommendation/decision 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 based. ANDREA LORENZO-LUACES CITY CLERK CITY OF WINTER SPRINGS NOTICE OF REFERENDUM ON ANNEXATION ORDINANCE 2001-52 The time and place for the Referendum are as follows: The Polls will be open from 7:00 a.m. to 7:00 p.m. on this Special Election Day, Tuesday, February 12, 2002. The location of the Voting Place (Polling Place) will be: Precinct 75 - St., Stephen's Catholic Church, 575 Tuskawilla Road, Winter Springs, Florida, DESCRIPTION OF AREA: 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 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 in the follow- ing map: DYSON DRIVE AREA The complete legal description by metes and bounds and the Ordinance, (Ordinance 2001- 52) can be obtained from the Office of the City Clerk, at the City of Winter Springs, 1126 East State Road 434, Winter Springs, Florida 32708.