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Home My WebLink AboutOrdinance 2004-51 Wyman Field Foundation ORDINANCE NO. 2004-51 AN ORDINANCE OF THE CITY COl\lMISSION OF THE CITY OF WINTER SPRINGS. FLORIDA, AUTHORIZING THE CITY MANAGER TO CONVEY THE FOUR (4) TOWNHOME UNITS AND COMMON AREA PROPERTY OBTAINED BY THE CITY OF WINTER SPRINGS IN THE FORECLOSURE ACTION AGAINST WYMAN FIELDS FOUNDATION, INC., ET AL. PURSUANT TO SECTION 4.14 OF THE CITY OF WINTER SPRINGS CHARTER; PROVIDING FORSEVERABll.JTY, THE REPEAL OF PRIOR INCONSISTENT ORDINANCES, INCORPORATION INTO THE CODE, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VITI, ofthe State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, upon October 14, 2004, the City of Winter Springs obtained summary final judgment on foreclosure against Wyman Fields Foundation, Inc., et al; and WHEREAS, pursuant to the final judgment, the City foreclosed on four (4) townhome units and common areas located in the Moss Place and Moss Cove Subdivisions located within the City of Winter Springs, Florida; and WHEREAS, on November 9,2004, the City of Winter Springs obtained the four (4) units, and common area, at foreclosure sale before the Clerk of the Court in Seminole County, Florida; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds that the four (4) units and common area are surplus property and that it is in the best interests of the City of the City of Winter Springs to sell the four (4) townhome units and common area as provided in . this Ordinance; and WHEREAS, the City Commission of the City of Winter Springs, finds that this Ordinance is in the best interests of the public health, safety and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Cit). of Winter Springs Ordinance No. 2a04-51 Page 1 of 3 Section 1. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 1. Sale of Real Property. The City ComIniBsion of the City of Winter Springs hereby authorizes the City Manager to sell the following properties at fair market value: a. 124 Rhoden Lane; Tax Parcel # 34203054104000010; Legal description: Lot 1,Block 4, MOSS PlACE, according to the plat thereof as recorded in Plat Book 59, Pages 25 and 26, Public Records of Seminole County, Florida. b. 108 Kristi Ann Court; Tax Parcel # 03213052007000010; Legal description: Lot 1, Block 7, MOSS COVE, according to the plat thereof as recorded in Plat Book 58, Page 84, Public Records of Seminole County, Florida. c, 118 Kristi Ann Court; Tax Parcel # 03213052006000020; Legal description: Lot 2, Block 6, MOSS COVE, according to the plat thereof as recorded in Plat Book 58, Page 84, Public Records of Seminole County, Florida. d. 123 Kristi Ann Court; Tax Parcel # 03213052003000030; Legal description: Lot 3, Block 3, MOSS COVE, according to the plat thereof as recorded in Plat Book 58, Page 84, Public Records of Seminole County, Florida. In addition, the City Manager is hereby authorized to convey the common areas to the Moss Cove Homeowner's Association. The common areas are legally described as follows: a. Tract Al MOSS PLACE PB 59 Pgs 25-26; b. Tract A2 MOSS PLACE PH 59 Pgs 25-26; c. Tract A3 MOSS PLACE PB 59 Pgs 25-26; d. Tract A4 MOSS PLACE PB 59 Pgs 25-26; City of Winter Springs Ordinance No. 2004-51 Page 2 of 3 e. Tract AS MOSS PLACE PH 59 Pgs 25-26. The common areas shall be conveyed in a manner that the City Manager deems to be in the best interest of the City of Winter Springs. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. 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 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 City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida. in a regular meeting assembled on tbe 13th day of Decemher, 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: Second Reading: Effective Date: November 22, 2004 December 13, 2004 See Section 5. City of Winter Springs Ordinance No. 2004.51 Page 3 of 3 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 SEMINOLE County, Florida; that the attached copy of advertisement being a NOTICE IS HEREBY in the matter of Ord 2004-49, 2004-51 in the SEMINOLE Court was published in said newspaper in the issue; of 12/02/04 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 2 day of DEC , 2004, by DEBORAH M. TONEY. who is personally known to me and did take an oath. (SEAL) Beverly c. Simmons NOTICE IS HEREBY GIVEN THAT THE CITY OF WINTER SPRiNGS PROPOSES TO ADOPT THE FOLLOWING ORDINANC. ES TO THE WINTER SPRINGS CODE OF ORDINANCES: ORDINANCE NO. 2004-49 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS. FLORIDA AMENDING CHAPTER 20. ZONING. OF THE CODE OF ORDINANCES. PRO. VIDING FOR REVISED AND ADDITIONAL APPLI. CATION AND PROCEDUR. AL REQUIREMENTS FOR REZONING, VARIANCES. CONDITIONAL USES, WAIVERS, AND ADMINIS. RATIVE APPEALS; PRO. VIDING THE CITY COM. MISSION AUTHORITY TO REVIEW DECISIONS OF THE PLANNING AND ZONING BOARD WITH REGARD TO ANY APPLI CATION FOR REZONING; PROVIDING THE CITY COMMISSION AUTHOR , TY TO REVIEW DECI- ! SIONS OF THE BOARD OF ADJUSTMENT WiTH RE- GARD TO ANY APPLiCA. TION FOR VARIANCE, CONDITIONAL USE. WAIVER, AND ADMINIS. TRATIVE APPEAL; MAK. ING CONFORMING AMENDMENTS; PROVI~ ING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESO- LUTIONS; PROViDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 2004-51 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS. FLORIDA. AU. THORIZING THE CITY MANAGER TO CONVEY THE FOUR (4) TOWN- HOME UNITS AND COM- MON AREA PROPERTY OBTAINED BY THE CITY OF WINTER SPRINGS IN THE FORECLOSURE AC- TION AGAINST WYMAN FIELDS FOUNDATION, INC" ET AL, PURSUANT TO SECTION 4,14 OF THE CITY OF WINTER SPRINGS CHARTER; PROVIDING FOR SEVER. ABILITY. THE REPEAL OF PRIOR INCONSISTENT ORDINANCES, INCORPO. RATION INTO THE CODE, AND AN EFFECTIVE DATE, . ON MONDAY, DECEMBER 13, 2004 Ai 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, FLORIDA The proposed ordinances may be inspected by inter- ested parties between 8 a.m, and 5 p.m.. Monday through Friday, at the City's Clerk's Office, located al 1126 East State Road 434, Winter Springs, Florida. For more information call (407) 327- 1800 #127, Persons with disa- bilities needing assistance to participate in any of these proceedings should contact the Employee Rela. tions Department Coordina- tor 48 hours in advance of the meeting at (407) 327. 1800. Extension 236, This is a public hearing, If you de- cide to appeal any recom- mendation/decision made by the Local Planning Agency with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim rec ord of the proceedings is made upon which the appeal is based. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance. CSE595344G DEC.2,2004