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Home My WebLink AboutOrdinance 2003-27 Annexation/DeLeon Street ORDINANCE NO. 2003-27 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING REAL PROPERTY LOCATED WITHIN SEMINOLE COUNTY, FLORIDA AND GENERALLY DESCRIBED AS APPROXIMATELY TEN (10) ACRES MORE OR LESS LOCATED APPROXIMATELY 600 FEET WEST OF THE INTERSECTION OF STATE ROAD 434 AND DELEON STREET (LUTHER AND JOANN CARROLL PROPERTY) AND MORE PARTICULARLY DESCRIBED ON 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 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 of the 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 of the City of Winter Springs Comprehensive Plan, Charter, and City Code; and WHEREAS, upon effective date ofthis 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 WHEREAS, the City Commission previously annexed the subject property pursuant to Ordinance No. 2000-36; and WHEREAS, Seminole County and the City of Oviedo challenged Ordinance No. 2000-36 on numerous grounds; and R City of Winter Springs Ordinance No. 2003-27 Page 1 of 3 CERTIFIED COPY OFFICE OF THE CITY CLERK CITY OF WINTER SPRINGS, FLORIDA FILE NUM 2003136145 OR BOOK 04950 PAGE 1318 WHEREAS, on July 7, 2003, the circuit court quashed the ordinance and remanded this annexation to the City Commission for further proceedings consistent with the court's decision; and WHEREAS, Ordinance 2000-36 was quashed because the court determined that the legal advertisement, supporting said ordinance, did not contain a legible map; and WHEREAS, the court, however, also held that the annexation ofthe subject property by the City of Winter Springs did not create an enclave, did not create a pocket, did not create urban sprawl, was a logical expansion of the City of Winter Springs' eastern boundary, and was otherwise lawful under Chapter 171, Florida Statutes, except for the aforementioned advertised map; and WHEREAS, the court also held, by separate order dated July 7, 2003, that the City of Oviedo had no standing to challenge Ordinance No. 2000-36; and WHEREAS, the City Commission hereby adopts by this reference the findings ofthe circuit court which are contained in the two July 7,2003 orders in support of the City of Winter Springs' lawful right to annex the subj ect 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, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLO\VS: 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 II, Section 2.01, 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 II, 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. City of Winter Springs Ordinance No. 2003-27 Page 2 of 3 "", ".,;;.... :W n: -., \ ~ " (,' ... .' lj I '. j-- .. l · ~ ~- \ "f ; FILE NUM 2003136145 OR BOOK 04950 PAGE 1319 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 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, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Spririgs, Florida, in a regular meeting assembled on the 28th day of July ,2003: JOHN F. BUSH, 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 14, 2003 Second Reading: July 28, 2003 Effective Date: See Section 5. F:\Docs\City of Winter Springs\Ordinances\Carroll_ Annexation. wpd City of Winter Springs Ordinance No, 2003-27 Page 3 of 3 FILE NUM 2003136145 OR BOOK 04950 PAGE 1320 EXHIBIT A METES AND BOUNDS SURVEY FOR LUTHER & JOANN CARROLL PROPERTY Lot 19, VAN ARSDALE OSBORNE BROKERAGE CO.'S ADDITION TO BLACK HAMMOCK. according to the plat thereof as recorded in Plat Book 1. Page 31. Publ it Records of Seminole County, Florida. Less road right of way, being more particularly described as follows. Begin at the Northwest corner of Lot 19 VAN ARSDALE OSBORNE BROKERAGE CO.'S ADDITION TO BLACK HAMMOCK, according to the plat thereof as recorded in P I at Book 1. Page 31. Pub Ii c Records of Seminole County, Florida said point being a 1/2" Iron Rod LB6300 set in p I ace; thence run SOO. 38' 50" W a long the Easterly right of way I ine of Beacon Street, a distance of . 629.07 feet to a point on the Northerly right of way I ine of State Road 434 per Right of Map Section 77070-2520. said point being a 1/2" Iron Rod L86300 set in place; thence S89033'16"E along the Northerly right of way Iine of said state Road 434 a distance of 639.98 feet to a 1/2" Iron Rod LB6300 set in place; thence departing said northerly right of way run NO0038'50"E along the Easterly line of Iot 19. a distance of 625.68 feet to a point on the SoutherIy right of way I ine of Florida Avenue; said point being a 1/2" Iron Rod LB6300 set in pIace; thence N890 15' 37' W a long said SoutherIy right of way Iine a distance of 639.98 feet to the point of beginning. FILE NUM 2003136145 OR BOOK 04950 PAGE 1321 EXHIBIT A (continued) 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. 2003-27 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING REAL PROPERTY LOCATED WITHIN SEMINOLE COUNTY, FLORIDA AND GENER- ALLY DESCRIBED AS APPROXIMATELY TEN (10) ACRES MORE OR LESS LOCATED APPROXIMATELY 600 FEET WEST OF THE INTERSECTION OF STATE ROAD 434 AND DELEON STREET (LUTHER AND JOANN CARROLL PROPERTY) AND MORE PAR- TICULARLY DESCRIBED ON 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 CHAR- TER WITH APPROPRIATE AGENCIES UPON SAID APPROVAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDI- NANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILI- TY; AND PROVIDING FOR AN EFFECTIVE DATE, The following map, depicts the location of the proposed annexation area: PUBLIC HEARING FOR THE 2ND AND FINAL READING ON PROPOSED ORDINANCE 2003-27 WILL BE HELD ON MONDAY, JULY 28, 2003 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinance and the complete legal description of the property by metes and bounds may be obtained 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, 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, Extension 236. This is a pub- lic hearing and interested persons may attend and be heard. If you decide to appeal any recommendation/decision made by the City Commission with respect to any "I 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 proceed- ings is made upon which the appeal is based.