The URL can be used to link to this page

Home My WebLink AboutOrdinance 2004-46 Annexing/1136 Orange AvenueORDINANCE N0.2004-46 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING ONE (1) PARCEL OF REAL PROPERTY CONTAINING 1.96 ACRES, MORE OR LE5S, LOCATED AT 1136 ORANGE AVENUE WITHIN SEMINOLE COUNTY, FLORIDA, AND LEGALLY AND MORE GENERALLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE; 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 THE DEPARTMENT OF STATE, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, this annexation will occur pursuant to the February 18, 2004 Annexation Agreement entered into between the City of Winter Springs and Srinivas Chari and Ramani Kilambi, recorded in the official records of Seminole County, Florida, and found in O.R. Book 5223, Page 1506, and fully incorporated herein by this reference; and 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 adoption of this Ordinance, the municipal boundary lines of the City of Winter Springs, contained in the 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. MfiR1l MGRl~E, CL.EItK CIE CIFtC1J1'f [:UURT City of Winter Springs CC.~ fIF F~MIt~1l.E CQCMITY Ordinance No. 2004-46 HI( 06950 Pq4 1?.2e1 - 1?.31 ~ t4pgz) Page 1 of 3 FILE NUM 2Q48tJ3n291 RECORO6D 03/14/iy409 02:13:02 PM RECORI)IN6 fEEB 35.50 RECGRDl:D KY J Eckenroth INII~IgINNN~gINiNN~NiiII1~N~M~iNINII 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. 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, 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. 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 of the remainder hereto as a whole or part thereof to be declared invalid. Section 6. Effective Date. This Ordinance shall become effective December 31, 2004, and as provided by City Charter. [signatures on following page] City of Winter Springs Ordinance No. 2004-46 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 13th day of December ,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: October 11, 2004 Second Reading: December 13, 2004 Effective Date: Section 6. City of Winter Springs Ordinance No. 2004-46 Page 3 of 3 Ordinance 2004-46 EXHIBIT 'A' LOCATION MAP Lake Jesup SUBJECT SITE Parcel # 26-20-30-5AR-OBOO-006A Legal Description: THE EAST 150 FEET OF LOT 6 BLOCK B, DR MITCHELLS SURVEY OF THE LEVY GRANT ON LAKE JESSUP, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Metes & Bounds Description: COMMENCING AT THE SOUTHWEST CORNER OF LOT 6, BLOCK B, "DR. MITCHELL'S SURVEY, OF THE LEVY GRANT ON LAKE JESSUP, ORANGE COUNTY, FLORIDA" AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA RUN S78013'15"E ALONG THE NORTH LINE OF ORANGE AVENUE A DISTANCE OF 361.25 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S78013'15"E A DISTANCE OF 150.02 FEET TO A POINT ON SAID NORTH LINE OF ORANGE AVENUE ALSO BEING THE SOUTHEAST CORNER SAID LOT 6, THENCE DEPARTING SAID NORTH LINE RUN N14050'39"E ALONG THE EAST OF SAID LOT 6 A DISTANCE OF 570 FEET MORE OR LESS TO THE WATERS OF LAKE JESSUP, THENCE DEPARTING SAID EAST LINE OF LOT 6, RUN NORTHWESTERLY ALONG SAID WATERS TO A POINT BEARING (N15024'07"E AS MEASURED) N14050'39"E FROM THE POINT OF BEGINNING, THENCE RUN (S15024'07"W AS MEASURED) S14050'39"W A DISTANCE OF 590.00 FEET MORE OR LESS TO THE POINT OF BEGINNING, SAID PARCEL HEREIN DESCRIBED CONTAINING 1.95 ACRES MORE OR LESS, ALL SITUATE AND LYING IN SEMINOLE COUNTY FLORIDA. CERTIFIED TO: SRINIVAS SAGAR CHARI AND RAMANI KILAMBI, TOUSA HOMES, INC. dba ENGLE HOMES ORLANDO, INC., FIDELITY NATIONAL TITLE INSURANCE COMPANY, WELLS FARGO HOME MORTGAGE, INC. bealesmith@cfl.rr.com P.O. Box 151633 Altamonte Springs, FL 32715-1633 407-331-5577 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. 2004.46 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WIN. TER SPRINGS, FLORIDA, ANNEXING ONE (1) PARCEL OF REAL. PROPERTY CONTAINING 1.96 ACRES, MORE OR LESS, LOCATED'A1"" 1136 ORANGE AVENUE WITHIN SEMINOLE COUNTY, FLORIDA, AND LEGALLY AND MORE GENERALLY DESCRIBED IN EXHIBIT "A" AT- TACHED HERETO AND FULLY INCORPORATED HEREIN BY THlS REFERENCE; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE II, BOUNDARIES, TO INCORPORATE THE: REAL PROPERTY INTO THE <;ITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH THE DEPARTMENT OF STATE, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEV ERABILITY, AND AN EFFECTIVE DATE. PUBLIC HEARING FOR 2ND READING/ADOPTION WILL BE HELD ON MONDAY, DECEMBER 13, 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 ordinance. 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 OIfice, located at 1126 East State Road 434, Winter Springs, Florida. For more information call (407) 327.1800#227. Per sons with disabilities needing assistance to participate in any of these pro ceedings should contact the Employee Relations Department Coordinator, 48 hours in odvance 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 considered at this meet- ;n9, YOU will need 0 record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made UPOll' which the appeal is based, - SLS5951318 1212,9, 2OQ4 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 ORANGE/SEMINOLE County, Florida; that the attached copy of advertisement being a NOTICE OF ANNEXAT in the matter of DEC. 13 @ 5:30 PM in the ORANGE/SEMINOLE Court was published in said newspaper in the issue; of 12/02/04,12/09/04 Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMONTE SPRINGS in said ORANGE/SEMINOLE County, Florida, and that the said newspaper has heretofore been continuously published in said ORANGE/SEMINOLE County, Florida, each week Day and has been entered as second-class mail matter at the post office in ALTAMONTE SPRINGS in said ORANGE/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 10 day of DECEMBER, 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 FOLLOWING ORDINANCE: ORDINANCE 2004-46 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WIN- TER SPRINGS, FLORIDA, ANNEXING ONE (1) PARCEL OF REAL PROPERTY CONTAINING 1.% ACRES, MORE OR LESS, LOCATED AT 1136 ORANGE AVENUE WITHIN SEMINOLE COUNTY, FLORIDA, AND LEGALLY AND MORE GENERALLY DESCRIBED IN EXHIBIT 'A' AT- TACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE; 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 THE DEPARTMENT OF STATE, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEV- ERABILITY, AND AN EFFECTIVE DATE. PUBLIC HEARING FOR 2ND READING/ADOPTION WILL BE HELD ON MONDAY, DECEMBER 12, 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 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 Deport- ment Coordinator, 48 hours in advance of the meeting at (407) 327-180O, 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 verbatirn record of the proceedings is made upon which the appeal is based. SLS5951318 12/2.9.2004