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HomeMy WebLinkAboutOrdinance 2004-48 AnnexationORDINANCE N0.2004-48 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING THREE (3) PARCELS OF REAL PROPERTY CONTAINING 4.05 ACRE5, MORE OR LESS, LOCATED GENERALLY WEST OF DELEON STREET WITHIN SEMINOLE COUNTY, FLORIDA, AND LEGALLY 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 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, 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. 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. MARYi~IE MORSE, CLERK OF CIRCUIT COURT City of Winter Springs CLERK OF SEMINOLE COUNTY Ordinance No. 2004-48 81( 46950 Fqs 1?3~ - 1?.3'!; (6pn5 f Page 1 of 3 FILE NUM `ttQ9t?3t729c REC~iRUFD 03/14/x448 02: it3:4~ PM RECORDIh~ FEES 55,54 RECORDED BY J Eckenrath IIIIIIIIIIININNNNIIIIIIN~INIIIIIINIIINNNIIINIiI 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 upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. [signatures on following page] City of Winter Springs Ordinance No. 2004-48 Page 2 of 3 ~^- `•! ADOPTED by the City Commission of the City of Winter.. 'ngs, >~i'orida`~~;'~';r~u~•, meeting assembled on the 25th day of October i , 2 4. ~ C~ ,.•'' '•.~`r~ '., ,` r ~ .1' ~ ~~ V ~ nv .Y ~~ •~ w De u~ Mayor f or John F. Bush, Mayor, r" ~ d ' Kf •~~ ~~ ~, ,, . Approved to legal form and sufficiency for the Ci of inter Springs only: Anthony A. Garganese, City Attorney First Reading: October 4, 2004 Second Reading: October 25, 2004 Effective Date: See Section 6. City of Winter Springs Ordinance No. 2004-48 Page 3 of 3 COMMISSION AGENDA ITEM 400 October 18, 2004 ATTACHMENT- C ORDINANCE 2004-48 EXHIBIT "A" LOCATION MAP Q. z ~. . r ~. ~ ~~~ a O 6. o J 4. .] .;... ~. Q U ,...© < W ~ W S.R. 434 SUBJECT SITE eLeon S~. Parcel # 03-21-31-300-0070-0000 Parcel # 03-21-31-300-0050-0000 Parcel # 03-21-31-300-007A-0000 Legal Description: LEG SEC 03 TWP 21 S RGE 31 E N '/2 OF NE '/4 of SW '/ OF NW'/, LESS N 70 FT OF NE'/4 OF NE'/ OF SW'/< OF NW'/4 Ordinance 2004-48 EXHIBIT `A', cont'd METES & BOUNDS DESCRIPTION: The North 1/2 of the Northeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 3, Township 21 South, Range 31 East, Seminole County, Florida, less the north 70.00 feet thereof, as described in Official Records Book 3137, Page 0122, Public Records of Seminole County, Florida, Together with the North 70.00 feet of the West 165.00 feet of the Northeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 3, Township 21 South, Range 31 East, Seminole County, Florida, as described in Official Records Book 2856, Page 1376, Public Records of Seminole County, Florida, Together with the North 70.00 feet of the East 165.00 feet of the West 330.00 feet of the Northeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 3, Township 21 South, Range 31 East, Seminole County, Florida, as described in Official Records Book 3569, Page 1133, Public Records of Seminole County, Florida, and being more particularly described as follows: Beginning at the southeast corner of that parcel described in Official Records Book 3137, Page 0122, Public Records of Seminole County, Florida, being a point on the westerly right of way line of DeLeon Street and 30.00 feet west of the east line of the North 1/2 of the Northeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 3, Township 21 South, Range 31 East; thence run N 89°57'27" W along the south line of said North 1/2 a distance of 629.52 feet to the southwest corner of said parcel, being a point on the west line of said North 1/2; thence, N 00°09'38" W along said west line a distance of 332.07 feet to the northwest corner of that parcel described in Official Records Book 2856, Page 1376 Public Records of Seminole County, Florida, being the northwest corner of said North 1/2; thence, S 89°58'54" E along the north line of said North 1/2 a distance of 330.00 feet to the northeast corner of that parcel described in Official Records Book 3569, Page 1133, Public Records of Seminole County, Florida; thence, leaving said north line, run S 00°09'37" E a distance of 70.00 feet; thence, S 89°58'54" E along the south line of the north 70.00 feet of said North 1/2 a distance of 299.65 feet to the northeast corner of the aforesaid parcel described in Official Records Book 3137, Page 0122, being a point on the aforesaid westerly right of way line; thence S 00°07'55" E 30.00 feet west of and parallel with the east line of said North 1/2 and along said right of way line a distance of 262.34 feet to the Point of Beginning. Containing 4.320 acres, more or less. I oFA~luiiort a~l~u Morarrr >ro~ atr o~rrlNrol s~res THE CITY OF WINTER SPRINGS PROROS'ESTOADOPTTHE FOLLOWING ORDINANCE: f~tDINANCENO.l904.4! AN OROIfnANCE OF THE CITYiCOMMISSION OF THE CITI~ OF.WINTER SPRINGS,. FLORIDA, ANNEXING THREE,(3) PARGELS.OF MEAL PROPERTY CONTAIN- . L:Y FLORIDA, AND LEGALLY DESCRIBED IN A" ATTACHED HEREiO AND FULLY INCOR- HEREIN BY THIS.REFERENCE; PROYID- THE AMENDMENT OF WINTER SPRINGS ART4CLE II, BOUNDARIES, T01NCORPQ- (REAL PROPERTY INTO THE CITY BOUND- ROV.IDING FOR THE FILING OF THE RE- INTER SPRINGS CHARTER WITH THE ENT OF STATE, PROVIDING.FOR THE RE- PRIOR iNCGNSISTENT ORDINANCES AND ONS, SEVERABILITY, AND AN EFFECT~YE DATE. sus~~~r~~i'e°. . ,....... eteon St. ~-- Florida Ave. ;.. OVIEDO 8:R.434 ,.. { PUBLIC MEARING'FOR ' 2ND kEA01NGYADOPTION WILL BE HELD ON . BONDAY;'OCTOBER 25,29114 AT 6:30 P.M.OR SOON THERREAFTER, IN THE COMMISSION CHAMBERS LOCATED AT THE WHITER SPRWGS diY NA1l 1126 EAST STATE AOAD 434 WIN1Elt Sl?WN68, Ft -- nterested potties ore advised that they. maY appeardt the meeting and be heard with respect to the proposed ordi- Hance. The proposed ordinance and the complete legal de- scription of.the property by metes and bounds maY be ob- 4ained by tnterested parties between 8 a.m. aad S p.m., Monday }hrough Friday,,pt the Cifl's Clerk's Office, locat- ed at 1126 East State 12~ 434, Winter Springs, Florida. For more information wll .S4ot~} 327.18001F771T. Persons with dis• abilities needing assistattte to participate in any of these praceedirigs 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 recommendatioNdecision made i by the City Commission with respect to any mdtter consid- ered at this meeting, ynu 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 aPPealisbased, CS E5894474 OCT.21.25,2004 Ch-lando___ ___._____ ___ ______ _ Sentinel Published Daily estate of ,~'loriba s.s. COUNTY OF ORANGE Before the undersigned authority personally appeared DANIEL ORT I Z who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newspaper published at ~ P T' ^ ~ ii~+l T - ~~ ~'~-~ ~ ,,3,.. ~: in ;:a i y : -, t ~.. County, Florida; that the attached co yy of advertisement being a '' ' ~-,xj~ T i in the matter of ;X~XX~fXXX~+X~(XX~X'-ti( 0 in the ~; '~Z 3 ,f ' t_ - Court, was published in said newspaper in the issue; of ~..;;_/~i~1~ ~? ?/~''_=/D`* Affiant further says that the said Orlando Sentinel is a newspaper published at t~ TAB ~.,;; - ~ > ~ i ?1/:;'; in said ~ ' .~'Mi ~~;I~= County, Florida, and that the said newspaper has heretofore been continuously published in said ~" `° i~'i '"= County, Florida, each Week Day and has been entered as second-class mail matter at the post office inf. T "' " ` T'- ~ ~' _s { t,t `' ~ in said t: ~~ :~ t ~; ,f - County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that helshe has neither paid nor promised any person, firm or discount, rebate, commission or refund for the pur a of securin this ertisement for publication in the said newspaper. The foregoing instrument was acknowledge a me this_2Fi-day of n r'T , 201- , by who is personally known to me and w i take an h. (SEAL) l -,.._ ,,..:.~..~- _z... r Y. ~\ ~ My Ccar.-t Exp. a, L ";" ;~ __._ -NOix~ Of AIMINU-il0ll ~ AEIILt~tIOP~N TD TtE qTY OF YY11iEII SPA1161 THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT THE FOLLOWING ORDINANCE: (NIBg1ANCE ~. 2004x1 AN ORDINANCE OF THE CITY .COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING THREE (3) PARCELS OF REAL PROPERTY CONTAIN- ING4.05 ACRES, MORE OR LESS, LOCATED GENERAL- LY WEST OF DELEON STREET WITHIN'SEMINOLE COUNTY, FLORIDArAND LEGALLY DESCRIBEp tN EXHIBIT'A'iATTACMIEDRERETO AND FULLY 1MCOR- PORATED HEREIN BY THIS REFERENCE;. PROVID- ING FOR THE AMENDMENT OF WINTER. SPRINGS CHARTER,:ART1fLE I I; BOUN©ARRES, TO INCORPO- RATE THE REAL PROPERTY INTO THE CITY BOUND- ARIES; PRppV1DING,FOR THE FILING OF THE RE- VISED WIN'iER SPRINGS CHARTER NNTH THE tEiOLUTIONS, SEVERABILITY, AND' AN EI DATE_ .: i ~ ~ i .eLeon SL _~, ~ - L. ~ I',. ~-ICI .. r - - Flor[da Ave: r , „_ - S.R. 434 •~. ", PUBLIC NEARING FOR 2ND READING /ADOPTION WILL BE HELD ON ttlamnr, oc~oael zs, 200+ A7 6:30 P.M. OR SOON THEREAFTER, IN THE COMMISSION CHAMBERS LOCATED AT THE Wi118157MWti plr NALL 11 ~STA R43/ Interested parties cre advised that then mar appear at the meeting and be heard with respect M the proposed ardl• nonce. The proposed ordiironce and ,ttte complete legal de• scription of the property by trretes and bounds may be ab 'tained by interested parties behNeen.B a.m. and 5 p.m., Monday through Friday, of the'City's Clerk's ORirR, locat- ed at 1126 Ecst State Rood X91, Winter Sprir<ps,. Flor(da. For more information call: (~D)') 327.1100.0221. Persons with dir abilities nee0in9-assistance•to pgrticipafe in am of these praceetlin9s should contact the Employee Relatlans Deparh merit Coordinator, (/;hours in advance of the meet n9 at (401) 321.1100, Extension 236. Tfils Is o publk:heariaa. if rou decide to oppeot any recommendatioNdecision made by the City Commission with respect to any matter consid- ered at this meeting; You'wlll need.o record of the proceed- ings, and for such purposes, rou mar need to ensure that a verbatim record of the proceedlrips Is made upon which the appeal is txrsed. CSE_589M74 OCT.21,Z5,2004