Loading...
HomeMy WebLinkAboutOrdinance 2004-39 Annexation/434/TuskawillaORDINANCE N0.2004-39 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ANNEXING THIRTEEN (13) PARCELS OF REAL PROPERTY, CONTAINING 21.679 GROSS ACRES MORE OR LESS, AND GENERALLY LOCATED ALONG EAST STATE ROAD 434 AND TUSKAWILLA ROAD, MORE PARTICULARLY AND LEGALLY DESCRIBED ON EXHIBIT "A," ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE; PROVIDING FOR THE AMENDMENT OF THE 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 THE DEPARTMENT OF STATE; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Chapter 171, Florida Statutes, provides the exclusive method of municipal annexation, in order to ensure sound urban development and efficient provision of urban services; and WHEREAS, HIGHLANDER INVESTMENT LTD, hereinafter "HIGHLANDER I,"owns property identified by Seminole County Tax Parcel ID Number 36-20-30-502-0000-0020, included in the property described in Exhibit "A," attached hereto and incorporated herein by this reference, contiguous to the corporate limits of the City of Winter Springs; and WHEREAS, HIGHLANDER INVESTMENT LTD, hereinafter "HIGHLANDER II,"owns property identified by Seminole County Tax Parcel ID Number 36-20-30-502-0000-004A, included in the property described in Exhibit "A," attached hereto and incorporated herein by this reference, contiguous to the corporate limits of the City of Winter Springs; and WHEREAS, HIGHLANDER INVESTMENT LTD, hereinafter "HIGHLANDER III," owns property identified by Seminole County Tax Parcel ID Number 36-20-30-502-0000-004B, included in the property described in Exhibit "A," attached hereto and incorporated herein by this reference, contiguous to the corporate limits of the City of Winter Springs; and WHEREAS, HIGHLANDER INVESTMENT LTD, hereinafter "HIGHLANDER IV,"owns property identified by Seminole County Tax Parcel ID Number 36-20-30-502-0000-004C, included in the property described in Exhibit "A," attached hereto and incorporated herein by this reference, MARYANNE. MCIR~, CLERK ~' CIRCUIT tt~1RT City of Winter Springs CLERK C~ $EMIt~LE C[)UNTY Ordinance No. 2004-39 8K A69g0 Pga 1221 - 1227) l7pgs) Page 1 of 4 FILE IVUM 2QUAd3029t7 RECt)RDED 03/14/2448 02e1~:0?. pM RE[~C)RDIMS fEF:l3 X1.44 RECOROkD BY J Eekenroth i~aln~~~ra~aiaeai~~M~i~~~ie~~ai~ui contiguous to the corporate limits of the City of Winter Springs; and WHEREAS, HIGHLANDER INVESTMENT LTD, hereinafter "HIGHLANDER V," owns property identified by Seminole County Tax Parcel ill Number 36-20-30-502-0000-0040, included in the property described in Exhibit "A," attached hereto and incorporated herein by this reference, contiguous to the corporate limits of the City of Winter Springs; and WHEREAS, HIGHLANDERINVESTMENTLTD, hereinafter "HIGHLANDER VI," owns property identified by Seminole County Tax Parcel ill Number 36-20-30-502-0000-0050, included in the property described in Exhibit "A," attached hereto and incorporated herein by this reference, contiguous to the corporate limits of the City of Winter Springs; and WHEREAS, HIGHLANDER INVESTMENT LTD, hereinafter "HIGHLANDER VII," owns property identified by Seminole County Tax Parcel ill Number 36-20-30-502-0000-006A, included in the property described in Exhibit "A," attached hereto and incorporated herein by this reference, contiguous to the corporate limits of the City of Winter Springs; and WHEREAS, HIGHLANDER INVESTMENT LTD, hereinafter "HIGHLANDER VIII," owns property identified by Seminole County Tax Parcel ID Number 36-20-30-502-0000-0060, included in the property described in Exhibit "A," attached hereto and incorporated herein by this reference, contiguous to the corporate limits of the City of Winter Springs; and WHEREAS, the HIGHLANDER I through HIGHLANDER VIII properties are hereinafter collectively referred to as the "Consenting Annexation Properties," totaling 8 parcels comprising approximately 11.028 acres and illustrated in Exhibit "B," attached hereto; and WHEREAS, the City wishes to annex the Consenting Annexation Properties and other property located adjacent to or near the Consenting Annexation Properties, in accordance with Chapter 171, Florida Statutes, more specifically described as the ROBBIE AND EDWARD ONDICK Properties, hereinafter "ONDICK," identified by Seminole County Tax Parcel ill Numbers 36- 20- 30- 502-0000-0070, 36-20-30- 502-0000-0080, 36-20-30-502-0000-0090, 36-20-30-502-0000- 009A, and 26-20-30-5AR-OAOO-008F, included in the property described in Exhibit "A," totaling 5 parcels comprising of approximately 10.651 acres and illustrated in Exhibit "C," attached hereto and incorporated herein by reference; and WHEREAS, there are no registered electors on the HIGHLANDER Properties and ONDICK Properties; and WHEREAS, the City has determined that the area to be annexed is contiguous and reasonably compact, is developable for urban purposes, is not within the boundaries of another municipality, does not have any registered electors, and has met all other requirements of Chapter 171, Florida Statutes, including but no limited to the prerequisites for annexation; and City of Winter Springs Ordinance No. 2004-39 Page 2 of 4 WHEREAS, the Consenting Property Owner has consented, in writing, to the annexation of the Consenting Annexation Properties; and WHEREAS, the Consenting Property Owner is the owner of parcels of land representing more than fifty percent (50%) of the parcels of land in the area and more than fifty percent (50%) of the land area to be annexed; and WHEREAS, the City Commission has determined that the annexation of the Consenting Annexation Properties and other adjacent and nearby properties as more specifically set forth herein, have met all procedural requirements and that it will promote sound urban development and efficient provision of urban services; and WHEREAS, the 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, 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 generally described below into the municipal boundaries of the City of Winter Springs; and WHEREAS, upon adoption 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. NOW, THEREFORE, THE CITY COMMISSION OF 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 real property shall be, and is hereby annexed into the City of Winter Springs, Florida. This real property is described in Exhibit "A" and illustrated in Exhibits "B" and "C" The real property shall be known as existing within the boundaries of the City of Winter Springs, Florida, from the effective date of this ordinance. 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, is hereby 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 and any public rights-of-way included in the area described in Exhibit "A" and illustrated in Exhibits "B" and "C." 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 City of Winter Springs Ordinance No. 2004-39 Page 3 of 4 Seminole County, the Chief Administrator of Seminole County, and the Department of State within seven (7) days of the effective date. 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. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. 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 25th day of October, 2004. Deput Mayor for 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: October 11, 2004 Second Reading: October 25, 2004 Effective Date: See Section 6. G:\DocsICity of Winter SpringsIOrdinancesl200412004-39 _Involuntary Annexation. wpd City of Winter Springs Ordinance No. 2004-39 Page 4 of 4 COMMISSION AGENDA ITEM 400 October 25,2004 Attachment A Ordinance 2004-39 EXHIBIT 'A' LEGAL DESCRIPTION All that portion of Lots 2,3,4,5,6,7,8 and 9 of Joe E. Johnston's Survey recorded in Deed Book 147, Page 221, Public Records of Seminole County, Florida, being part of the unnumbered lot of Block B, D. R. Mitchell's Survey of the Levy Grant, recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, together with that portion of Lot 8, Block A, of said D. R. Mitchell's Survey of the Levy Grant, and together with that portion of the vacated unnamed 30 foot wide right of way lying between them, all being more particularly described as follows: Beginning at a point 65.00 feet Right of Station 579+47.56, Centerline of Construction, as shown on the Florida Department of Transportation Right of Way Map of State Road 434, Section 77070-2516, dated 6- 14-89, being the most northerly corner of Lot 2, Joe E. Johnston's Survey recorded in Deed Book 147, Page 221, Public Records of Seminole County, Florida; thence run along the southwesterly right of way line of said State Road 434 the following three calls: S 38043'16" E a distance of 695.44 feet; S 35004'55" E a distance of 315.09 feet; and S38043'16" E a distance of 598.46 feet to a point on the westerly right of way line of Tuskawilla Road; thence along said right of way line the following three calls: S 29020'59" W a distance of 86.35 feet; S 60039'01" E a distance of 30.00 feet; and S 14015'06" W a distance of 266.52 feet to a point on the northerly right of way line of Natures Way; thence N 86057'23" W along said right of way line a distance of 617.96 feet to a point on the northeasterly right of way line of an unnamed 30 foot wide right of way, being the southwesterly line of the unnumbered lot of Block B, D. R. Mitchell's Survey of the Levy Grant, recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida; thence N 21050'42" W along said right of way line a distance of 1482.21 feet to the most southerly corner of Lot 1 of the aforesaid Joe E. Johnston's Survey; thence N 51027'38" E along the southeasterly line of said Lot 1 and its extension a distance of 332.31 feet to the Point of Beginning. Containing 21.679 acres of land, more or less. PARCEL NUMBERS: 36-20-30-502 -0000-0020 36-20-30-502 -0000-004A 36-20-30-502 -0000-004B 36-20-30-502 -0000-004C 36-20-30-502 -0000-0040 36-20-30-502 -0000-0050 36-20-30-502 -0000-006A 36-20-30-502 -0000-0060 36-20-30-502 -0000-0070 36-20-30-502 -0000-0080 36-20-30-502 -0000-0090 36-20-30-502 -0000-009A 26-20-30-5AR-OAOO-008F COMMISSION AGENDA ITEM 400 October 25,2004 Attachment A Ordinance 2004-39 EXHIBIT 'B' Study Area CONSENTING ANNEXATION PROPERTIES i COMMISSION AGENDA ITEM 400 October 25, 2004 Attachment A Ordinance 2004-39 EXHIBIT `C' ~~~.. ~~ .~~`' ~~ ~t ~' -...w, B O r`' ~~ ~< ~'`~,_ 1 _ f '`~ - '`~~ 9 ^' Q 4 O~ ~;., ;SIT G t- ~r ~ ~ , ~~ ~,,, ATit3N ~ .p~~?~ ~~_,~ ,~ ~ . OF~E~T~~ „~ ~„~ C~ ~-. :.~ ~~`~ ~ ~ ~ , .u , ` , ~~ ~nz,,< f#' `t ~'' ~'~ ~} } `^^^ 5' d~ ^^^^^^^^^ Study Area O~IDICK a, ~R ~~ ~i n ~. ;Y {-- ~~ .~ ~. (i~ Orlando Sentinel Published Daily State of Florida } S.S. COUNTY OF ORANGE Before the undersigned authority personally appeared BEVERLY C. SIMMONS , 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 ORD. 2004-39 in the SEMINOLE Court was published in said newspaper in the issue; of 10/14/04 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 15 day of OCTOBER , 2004, by Beverly C. Simmons who is personally known to me and did take an oath. (SEAL) DEBORAH M. TONEY NOTICE OF ANNEXATION OF REAL PROPERTY TO THE CITY OF WINTER SPRINGS THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT THE FOLLOW I NG ORDINANCE: ORDINANCE NO. 2004.39 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ANNEXING THIRTEEN (13) PARCELS OF REAL PROPERTY, CONTAINING 21.679 GROSS ACRES MORE OR LESS, AND GENERALLY LOCATED ALONG EAST STATE ROAD 434 AND TUSKAWILLA "OAD, MORE PARTICULARLY AND LEGALLY DESCRIBED ON EXHIBIT "A," ATTACHED HERETO AND FULLY IN. CORPORATED HEREIN BY THIS REFERENCE; PRO. VIDINGfOR THE AMENDMENT OF THE WINTER SPRINGS CHARTER, ARTICLE II, BOUNDARIES, TO iN. CORPORATE THE RE;AL PROPERTY INTO THE CITY BOUNDARIES; PROViDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH THE lJt:- PARTMENT OF STATE; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDiNANCES AND RESOLU- TIONS, SEVERABILITY, AND AN EFFECTIVE DATE. A PUBLIC HEARING FOR 2ND READING/ADOPTION WILL BE HELD ON MONDAY, OCTOBER 25, 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 are advised that they may appear at the meeting and be heard with respect to the proposed ordi nanceThe proposed ordinance and the complete legal de- scription of the property by metes and bounds may be ob- tained by interested parties between 8 a.m. and 5 p.m. Monday through Friday, at the City's Clerk's Office, locat. ed at 1126 East State Road 434, Winter Springs, Florida. For more information call (407) 327.1800 #227. Persons With dis. abilities needing assistance to participate in any of these proceedings should contact the Employee Relations Depart. ment Coordinator, 48 hours In advance of the meeting at (407) 327.1800, Extension 236. This is a public hearing. If you decide to appeal any recommendation/decision made by the City Commission with respect to any matter consld. ered at this meeting, you will need a record of the proceed. ings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. CS~5873976 .....10/14/04 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 newspaper published at ALTAMONTE SPRINGS in ORANGE County, Florida; that the attached copy of advertisement being a NOTICE OF ANNEXATION in the matter of Ordinance Nos. 2004-39 in the SEMINOLE Court was published in said newspaper in the issue; of 09/19/04 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 1 day of OCT , 2004, by DEBORAH M. TONEY who is personally known to me and did take an oath. (SEAL) Linda Bridgewater NOTICE OF ANNEXATION OF REAL PROPERTY TO THE CITY OF WINTER SPRINGS THE CITY OF WINTER SPRINGS PROPOSES TO AOOPT THE FOLLOWING ORDINANCE: ORDINANCE NO. 2004-39 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ANNEXING THIRTEEN (13) PARCELS OF REAL PROPERTY, CONTAINING 18.80 GROSS ACRES MORE OR LESS, AND GENERALLY LOCATED ALONG EAST STATE ROAD 434 AND TUSKAWILLA ROAD, MORE PARTICULARLY AND LEGALLY DESCRIBED ON EXHIBIT 'A," ATTACHED HERETO AND FULLY IN- CORPORATED HEREIN BY THIS REFERENCE; PRO. VIDING FOR THE AMENDMENT OF THE WINTER SPRINGS 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 THE DE- PARTMENT OF STATE; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLU- TIONS, SEVERABILITY, AND AN EFFECTIVE DATE. PUBLIC HEARINGS WILL BE HELD ON MONDAY, SEPTEMBER 27, 2004 MONDAY, OCTDBER 25, 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 are advised that they may appear at the meeting and be heard with respect to the proposed ordi- nance, The propased ordinance and the complete legal de- scription of the property by metes and bounds may be ob- tained by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office, locat- ed at 1126 East State Road 434, Winter Springs, Florida. For more information call (407) 327-1800 #227. Persons with dis- abilities needing assistance to participate in any of these proceedings should contact the Employee Relations Depart- ment Coordinator, 48 hours in advance of the meeting at (407) 327-1800, Extension 236. This is a public hearing. If you decide to appeal any recommendation/decision made by the City Commission with respect to any matter consid- ered at this meeting, you will need a record of the proceed- ings and for such purpases, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. CSE5839038 9119/04 Orlando Sentinel Published Daily State of Florida } S.S. COUNTY OF ORANGE Before the undersigned authority personally appeared BEVERLY C. SIMMONS , 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 AP407-327-1800 ORD 2004-39 in the SEMINOLE Court was published in said newspaper in the issue; of 10/03/04 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 5 day of OCTOBER , 2004, by Beverly C. Simmons who is personally known to me and did take an oath. (SEAL) DEBORAH M. TONEY NOTICE OF ANNEXATION OF REAL PROPERTY TO THE CITY OF WINTER SPRINGS THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT THE FOLLOW I NG ORDINANCE: ORDINANCE NO. 2004.39 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ANNEXING THIRTEEN (13) PARCELS OF REAL PROPERTY, CONTAINING 21.679 GROSS ACRES MORE OR LESS, AND GENERALLY LOCATED ALONG EAST STATE ROAD 434 AND TUSKAWILLA "OAD, MORE PARTICULARLY AND LEGALLY DESCRIBED ON EXHIBIT "A," ATTACHED HERETO AND FULLY IN. CORPORATED HEREIN BY THIS REFERENCE; PRO. VIDING FOR THE AMENDMENT OF THE WINTER SPRINGS CHARTER, ARTICLE II, BOUNDARIES, TO iN. CORPORATE THE RE;AL PROPERTY INTO THE CITY BOUNDARIES; PROViDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH THE lJt:- PARTMENT OF STATE; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLU- TIONS, SEVERABILITY, AND AN EFFECTIVE DATE. PUBLIC HEARINGS WILL BE HELD ON MONDAY, OCTOBER 11, 2004 MONDAY OCTOBER 25, 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 are advised that they may appear at the meeting and be heard with respect to the proposed ordi nanceThe proposed ordinance and the complete legal de- scription of the property by metes and bounds may be ob- tained by interested parties between 8 a.m. and 5 p.m. Monday through Friday, at the City's Clerk's Office, locat. ed at 1126 East State Road 434, Winter Springs, Florida. For more information call (407) 327.1800 #227. Persons with dis. abilities needing assistance to participate in any of these proceedings should contact the Employee Relations Depart. ment Coordinator, 48 hours In advance of the meeting at (407) 327.1800, Extension 236. This is a public hearing. If you decide to appeal any recommendation/decision made by the City Commission with respect to any matter consid. ered at this meeting, you will need a record of the proceed. ings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. CSE5860752 OCT. 3, 2004