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Home My WebLink AboutOrdinance 2004-09 Annexation/1112 Orange AvenueORDINANCE N0.2004-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING APPROXIMATELY 3.3 ACRES MORE OR LESS OF REAL PROPERTY LOCATED WITHIN 5EMINOLE COUNTY, FLORIDA AND LEGALLY DESCRIBED ASEAST'/z OF LOT 7, BLOCK B OF D. R. MITCHELL'S SURVEY OF LEVY GRANT ON LAKE JESUP, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LOCATED AT 1112 ORANGE AVENUE 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 SAH) APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND 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 incompliance and consistent with the goals and objectives of the City of Winter Springs Comprehensive Plan, Charter, and City Code; and WHEREAS, upon the effective date of this Ordinance, the municipal boundary lines of the 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 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. MARYAI~ HORSE, CLERK ~ CIRCUIT COURT Ci.ERK OF 8EMIt~LE CQUNTY City of Winter Springs 9!( 46954 Pg~ 1242 - 1206 l5pgsf Ordinance No. 2004-09 FILE NUM 2008034286 Page 1 of 3 RECOROE.D 03/14/?,048 4c'c 1~s02 PM RECORDIt~ FEES 44.40 RECORDED BY J Eck~nroth NIIIIIINNIIININNNN~NNNNNININNNNNN~NNNII NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER 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 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. 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. 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 the City Charter. [ADOPTION PAGE FOLLOWS] City of Winter Springs Ordinance No. 2004-09 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 9th day of February ,2004. 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: January 26, 2004 Second Reading: February 9, 2004 Effective Date: See Section 5. G:IDocslCity of Winter SpringsIOrdinancesIEsteves_Annexation. wpd City of Winter Springs Ordinance No. 2004-09 Page 3 of 3 ORDINANCE 2004-09 EXHIBIT "A" LOCATION MAP Lake Jesup SUBJECT SITE Legal Description: A portion of Lot 7, Block B, D.R. Mitchell's Survey of the Levy Grant on Lake Jessup, as recorded in Plat Book 1, Page 5 Public Records of Seminole County, Florida, being more particularly described as follows: Metes & Bounds Description: Commence at a #4 rebar at the Southwest Corner of Lot 7, Block B, DR. Mitchell's Survey of the Levy Grant on Lake Jessup, as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida; Thence run along the South Boundary line of said Lot 7, North 90 degrees 00' 00" East 250.80 feet to a #4 rebar and cap #2259 at the Point of Beginning (P.O.B.) of this description; departing aforesaid South Boundary line Thence North 00 degrees 28' 00" East 642.83 feet to a #4 rebar, located South 00 degrees 28'00" West 40 feet, more or less, from the meander line and the water's edge along Lake Jessup, and also being the Point of Beginning (P.O.B.) of the survey closure line; Thence along said line South 38 degrees 32' 51" East 400.00 feet to a #5 rebar at the Point of Termination (P.O.T.) on the East boundary line, located South 00 degrees 28' 00" West 310 feet, more or less from said meander line and the water's edge of Lake Jessup; thence along East Boundary line South 00 degrees 28'00" West 330.00 feet to a 4"x4" concrete monument #2005 at the Southeast Corner of ORDINANCE 2004-09 EXHIBIT "A" aforesaid Lot 7; departing said line thence along said South Boundary line North 00 degrees 00'00" East 251.80 feet to a #4 rebar and cap #2259 at the Point of Beginning (P.O.B.).. .including all lands lying between the survey closure line herein described and the meander line and the water's edge of Lake Jessup herein described, which lie between true extensions of the West and East Boundary lines of the parcel herein described, said parcel containinq 3.7 acres, more or less. Bearings are based on the Orange Avenue. 030643001 City of Winter Springs 4 Orlando Sentinel communications P.O. BOX 804865 CHICAGO, ILLINOIS 60680-4110 LEGAL ADVERTISING CITY.Of WINTER SPRINGS- PLEASE DO NOT FOLD OR STAPLE THIS PORTION FOR BILLING QUESTIONS 800-435-1232 TOLL FREE CITY Of WINTER SPRINGS ATTN MARGO PIERCE 1126 EAST S.R. 434 WINTER SPRINGS, FL 32708 Orlando Sentinel Published Daily State of Florida} S.S. COUNTY OF ORANGE Before the undersigned authority personally appeared DEBORAH M. TONEY , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newsgiving at ALTAMONTE SPRINGS in SEMINOLE County, Florida that the attached copy of advertisement, being a NOTICE OF ANNEXAT I ON in the SEMINOLE Court, was published in said newspaper in the issue; of 0 1 /21 /04 Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMONTE SPRINGS , in said SEM I NOLE County, Florida, and that the said newspaper has heretofore been continuously published in said SEM I NOLE County, Florida, each week Day and has been entered as second-class mail matter at the post ALTAMONTE SPR I NGS 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 corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. the foregoing instrument was acknowledge before me this 21 day of JAN., 2004, by DEBORAH M. TONEY who is personally known to me and who did take an oath. Linda Bridgewater My comm Exp 5/29/05 (SEAL) NOTICE OF ANNEXATION OF REAL PROPERTY TO THE CITY OF WINTER SPRINGS THE CITY OF WINTER SPRINGS PROPOSE TO ADOPT THE FOLLOWING ORDINANCE ORDINANCE NO. 2004-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FKORIDA ANNEXING AP PROXIMATELY 3.3 ACRES MORE OR LESS OF REAL PROPERTY LOCATED WITHIN SEMINOLE COUNTY, FLORIDA AND LEGALLY DESCRIBED AS EAST 1/2 OF LOT 7, BLOCK B OF D.R. MITCHELL SURVEY OF LEVY GRANT ON LAKE JESUP, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LOCATED AT 1112 ORANGE ACE NUE AND MORE PARTICULARLY DESCRIBED ON EX HIBIT "a" ATTACHED HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTI CLE II, BOUNDARIES TO INCORPORATE THE REAL PRO[PERTY UNTO THE CITY BOUNDARIES; PROVID ING FOR THE REVISED WINTER SPRINGS CHARTER WITH APPROPRIATE AGENCIES UPON SAID APPROVAL PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLU TIONS, SEVERABILITY, AND AN EFFECTIVE DATE. the following map, depicts the location: PUBLIC HEARING FOR THE 1ST READING ON PROPOSED ORDIANANCE 2004-09 WILL BE HELD ON MONDAY, JANUARY 26, 2004 AT 6:30 OR SOON THEREAFTER. IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordi nance. The proposed ordinance and the complete legal de scription the property by metes and bounds may be ob tained by interested parties between 8 am and 5 pm Monday through Friday, at the City Clerk's Office located at 1126 East State Road 434, winter springs, Florida. For more information call (407) 327-1800, Ext #227, Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Depart ment Coordinator, 28 hours in advance of the meeting at (407) 327-1800, Extension 236. This is a public hearing. ------------------------------------ Orlando Sentinel Published Doily ~tatt of jf'loriba } 5.5. COUNTY OF ORANGE Before the undersigned authority personally appeared BEVERL Y C. SIMMONS , who on oath say,s that he/she is the Legal Advertising Representative of Orlando Sentinel, a dal!y newspaper published at At T Al'IONT [ X PRINGI . In ~'E / ~[J'U~OJvf County, Florida; thatt e attached copy 0 a vertisement, being a NOTI([ OF ANNEXA T in the matter of OR>>.. 20UIf-O'J in the ORANGE J' ~["INOlr was published in said newspaper in tne issue; of D1/2'/D.. Court, Affiant further says that the said Orlando Sentinel is a newspaper published at Aalfg2~T7 I~Af=il[ . county,.F:\~~~~ and that the said newspaper has heretofore been continuously published In said ORANGE J SEMINOLE County, Florida, each Week Day and has been entered as second-class mail matter at the post office in ALTAMONT[ SPRINGS in ~aid ORANGE I'. ~("INOl[ . . " County, Florida, for a period of one year next preceding the first publication of the. attach~d copy of advertisement; and affi~nt further says ~hat he/she. has neither paid nor promised any person, firm or corporatl~n any dlscou.nt, rebate, commission or refund for the purpo f secur thlr. v. ert ement for publication in the said newspaper. , ~~ The foregoing instrument was ack owledged before e this 29th day of JANUARY ,20~,by BEVERLYC.S M~10NS who ;5 pe,sonally known to me and ~d 7 (SEAL) /'i!~i~:-:-7;~-;;R.I"~ M-T-:;:~--l r/(;~- ).~~\.~: ~. :-.:,' - '~~' l' I ~..- j'-'r 11q;. '1.:.....)",,1 _un. n ~>P. ,.1118",'05 1 I. M",) j. ~........: .....,.." ^. . '.. D" C...."'c4 >;.;; ~,,~ '1), U..,..~-;) ,) ~ ~V;~.; jl'Persn",i1f KI':wn [ l Ol~~ D. 1 ~ II. "--,~~.",........."....""-,._'"'-"". 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. 2004.09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WIN- TER SPRINGS, FLORI DA, ANNEXING APPROXIMATELY 3.3 ACRES MORE OR LESS OF REAL PROPERTY LOCATED WITHIN SEMINOLE COUNTY, FLORIDA AND LEGALLY DESCRIBED AS EAST 1/2 OF LOT 7, BLOCK B OF D. R. MITCHELL'S SURVEY OF LEVY GRANT ON LAKE JESUP, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LOCATED AT 1112 ORANGE AVENUE AND MORE PARTICULARLY DESCRIBED ON EXI:IIBIT "A" ATTACHED HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHAR- TER, ARTICLE II, BOUNDARIES, TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH Ap. PROPRIATE AGENCIES UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLU- TIONS, SEVERABILITY, AND AN EFFECTIVE DATE. The fallowing mop, depicts the location: PUBUC HEARING FOR THE 2nd READING ON PROPOSED ORDINANCE 2004-09 WILL BE HELD ON MONDAY, FEBRUARY 9, 2004 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, FL Interested parties ore advised that thev mov appear at the meeting and be heard with respect to the proposed ordinance. The prOpOsed ordinance and the complete legal description of the propertv bv metes and bounds mav be obtained bv interested parties between 8 a.m. and 5 p.m., Mondav through Fridav, at the Cltv's Clerk's Office, lacated at 1126 East State Raad 434, Winter Springs, Florida. For more Information call (407) 327-1800 #227. Per- sons with disabilities needing assistance to participate In anv of these pro. ceedlngs should contact the Employee Relations Department Coordinator, 48 hours In advance of the meeting at (407) 327-1800, Extension 236. This Is a public hearing. If yOU decide to appeal anv recommendation/decision made bv the Cltv Commission with respect to anv matter considered at this meet- Ing. vou will need a record of the proceedings, and for such purposes, vou mav need to ensure that a verbatim record of the prOCeedings Is made upOn which the the appeal Is based. SLS5453955 JANUARY 29, 2004