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HomeMy WebLinkAboutOrdinance 2004-21 Annexing/1268 Orange AvenueORDINANCE NO. 2004-21 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING REAL PROPERTY LOCATED WITHIN SEMINOLE COUNTY, FLORIDA, AT 1268 ORANGE AVENUE AND ADJACENT TO THE UNADDRESSED VACANT PARCEL TO THE EAST, AND LEGALLY AND MORE GENERALLY DESCRIBED IN 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, 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 in compliance and consistent with the goals and objectives of the City of Winter Springs Comprehensive Plan, City 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 MpRYF Mt1RSE, CLERK OF CIRCUIT COURT CLERK OF b'EMIMOLE COUNTY H!G 46q`i4 ~qs 118 -- i2i?4, fhpn5l FILE IVUM Et708«3t~~89 RECORDED 43/14/?44f1 p?:13:tY~ F-M RECORDIt~3 FEES 44.44 RECORDED BY J Et:kenroth City of Winter Springs Ordinance No. 2004-21 Page 1 of 3 IIIII~INNIIIIIIItNIIlNNH111NI1N111tNllllilliiil 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 ofthe citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. 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 3. 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 2 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 from the effective date of this Ordinance. 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. 2004-21 Page 2 of 3 Section 4. 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 5. 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 ofthe remainder hereto as a whole or part thereof to be declared invalid. Section 6. 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. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 24th day of May,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: May 10, 2004 Second Reading: May 24, 2004 Effective Date: See See tion 6. City of Winter Springs Ordinance No. 2004-21 Page 3 of 3 EXHIBIT A KAZMA PROPERTY - LOCATION MAP 31-20-31-503-0000-0050 LEGAL DESCRIPTION: The East 1/2 of Lot 5, all of Lot 6, and a portion of Lot 7, Tuskawilla Shores, as recorded in Plat Book 6, Page 93, Public Records of Seminole County, Florida, described as follows: METES & BOUNDS DESCRIPTION: Commence at the Southeast corner of said Lot 7; thence N 59 degrees 53'00" W, along the Northerly right of way line of Orange Avenue a distance of 11.25 feet to the Point of Beginning; thence continue N 59 degrees 53'00" W, along said Northerly right of way line a distance of 140.00 feet; thence N 30 degrees 00'00" E, 712.30 feet to the Shoreline of Lake Jessup; thence along the Shoreline (for closure purposes run S 37 degrees 38'29" E, 151.38 feet); thence S 30 degrees 00'00" W, 655.00 feet to the Point of Beginning. Containing 2.20 acres, more or less. EXHIBIT A KAZMA PROPERTY- LOCATION MAP, CONTINUED 31-20-31-503-0000-0070 LEGAL DESCRIPTION: The Easterly 11.25 feet of Lot 7, all of Lots 8 & 9 and the Westerly 1/2 of Lot 10, TUSKAWILLA SHORES, as recorded in Plat Book 6, Page 93, of the Public Records of Seminole County, Florida, more particularly described as follows: METES & BOUNDS DESCRIPTION: Begin at the Southeast corner of the Westerly 1/2 of Lot 10; thence run N 59 degree 53'00" West 162.50 feet along the Northerly right-of-way line of Orange Avenue; thence run North 30 degrees 00'00" East 655.00 feet, more or less, to the waters edge of Lake Jessup; thence run Southeasterly along the waters edge to a point of the East line of the Westerly 1/2 of Lot 10; thence run South 30 degrees 00'00" West 622.76 feet, more or less along said East line to the Point of Beginning; ALSO Subject to a proposed 30.0 foot easement for Ingress and Egress lying 15.0 feet on each side of the following described center line; Commence at the Southeast corner of the West 1/2 of Lot 10, TUSKAWILLA SHORES, as recorded in Plat Book 6, Page 93, of the Public Records of Seminole County, Florida; thence run North 59 degrees 53'00" West 147.5 feet along the Northerly right-of-way line of Orange Avenue to the Point of Beginning of said centerline; thence run North 30 degree 00'00" East 300.0 feet parallel with the West line of the East 1/2 of said Lot 10, to the terminus of this centerline description. Orlando Sentinel Published Daily State of Florida } S.S. COUNTY OF ORANGE Before the undersigned authority personally appeared Linda Bridgewater , 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 ANNEXAT in the matter of Ordinance Nos. 2004-15, 2004-18, ordinance 2004-21 in the SEMINOLE Court was published in said newspaper in the issue; of 05/20/04, 05/13/04 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 corporation any 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 21 day of May , 2004, by Linda Bridgewater who is personally known to me and did take an oath. (SEAL) Beverly C. Simmons NOTICE OF ANNEXATION OF REAL PROPERTY TO THE CITY OF WINTER SPRINGS THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT THE FOLLOWING ORDINANCES: ORDINANCE NO. 2004.15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING RE. AL PROPERTY LOCATED AT 1181 ORANGE AVENUE WITHIN SEMINOLE COUNTY, FLORIDA, AND LEGAL. L Y AND MORE GENERALLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTI- CLE II, BOUNDARIES, TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVID- ING FOR THE FILING OF 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. ORDINANCE NO, 2004.18 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING RE. AL PROPERTY LOCATED AT 1184 ORANGE AVENUE WITHIN SEMINOLE COUNTY, FLORIDA, AND LEGAL. L Y AND MORE GENERALLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTI- CLE II, BOUNDARIES, TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVID. ING FOR THE FILING OF 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. ORDINANCE NO. 2004.21 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXINGRE. AL PROPERTY LOCATED WITHIN SEMINOLE COUN. TY, FLORIDA, AT 1268 ORANGE AVENUE AND ADJA. CENT TO THE UNADDRESSED VACANT PARCEL TO THE EAST, AND LEGALLY AND MORE GENERALLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRIN\>S CHARTER, ARTICLE II, BOUNDARIES, TO IN. CORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH APPRO- PRIATE AGENCIES UPON SAID APPROVAL; PROVID. ING FOR REPEAL OF PRIOR INCONSISTENT ORDI- NANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE.