HomeMy WebLinkAbout1996 12 09 Regular Item E
COMMISSION AGENDA
ITEM
E
REGULAR X
CONSENT
INFORMATIONAL
December 9. 1996
Meeting
MGR.IIVf?(fD~PTY~
AuthonzatlOn
REQUEST: Community Development Department requesting the City Commission to approve
the first reading of Ordinance No. 631 to annex a 9.9 acre parcel located at the
intersection of Orange Avenue and Tuskawilla Road.
PURPOSE:
The purpose of this Board Item is to request the Commission to approve the first reading
of Ordinance No. 631 to annex a 9.9 acre parcel in the county enclave located on the
north side of the Winter Springs High School property.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 171. 044( 1) Florida Statutes which states "The owner or owners of real
property in an unincorporated area of a county which is contiguous to a municipality and
reasonably compact may petition the governing body of a said municipality that said
property be annexed to the municipality."
The provisions of 171.044 F. S. which states "Upon determination by the governing body
of the municipality that the petition bears the signatures of all owners of property in the
area proposed to be annexed, the governing body may, at any regular meeting, adopt a
nonemergency ordinance to annex said property and redefine the boundary lines of the
municipality to include said property."
The City has expressed an interest in annexation in the past, (ref. 8-14-95 City
Commission meeting).
FUNDING:
No monies from the City are required.
October 28, 1996
AGENDA ITEM E
Page 2
FINDINGS:
The applicant is the sole owner of the 9.9 acre property (per real estate sale contract).
The applicant states the intention is to develop the property for single-family residential
with the City's water and sewer service.
The parcel across the street on the east side of Tuskawilla Road is now being developed
by RicWand Tuscawilla, L TD as a residential subdivision "St. Johns Landing" with a
residential density of 1.47 DU/acre (31 units121.1S acres).
There are residential units and vacant land along the north side in the remainder of the
county enclave.
RECOMMENDATION:
Staff recommends approval of the first reading of Ordinance No. 631 to annex a 9.9 acre
parcel into the City based on:
1. Previous expressions of interest by the City for annexation.
2. That it is consistent with the state policy of the Florida Legislature that, "The
Legislature recognizes that enclaves can create significant problems in planning,
growth management, and service delivery, and therefore declares that it is the
policy of the state to eliminate enclaves. "
3. The City has this enclave within its service area whereas the county does not;
therefore, the City can best service this enclave or portions thereof with sewer and
water service.
IMPLEMENTATION SCHEDULE:
1. The City Commission holds a second reading on November 11, 1996 and adopts
Ordinance 631 to annex the 9.9 acre parcel. The ordinance for annexation
immediately takes effect upon adoption.
2. The Future Land Use Map designation is reviewed by the Local Planning Agency
on November 6, 1996 and a recommedation is made to the City Commission.
.' October 28, 1996
AGENDA ITEM E
Page 3
3. The City Commission holds the first reading of an ordinance to designate the 9.9
acre annexed parcel on the City's Future Land Use Map on November 25, 1996,
and the first reading of an ordinance to designate the 9.9 acre annexed parcel on
the City's Zoning Map on November 25, 1996.
4. The City Commission holds the second reading of an ordinance to designate the
9.9 acre annexed parcel on the City's Future Land Use Map on December 9, 1996,
and the second reading of an ordinance to designate the 9.9 acre annexed parcel on
the City's Zoning Map on December 9, 1996. The ordinance for Future Land Use
Map designation takes effect 31 days after adoption and as a result the ordinance
for zoning designation takes effect 31 days after adoption also.
ATTACHMENTS:
1. Area map of annexation parcel.
2. Parcel boundary map.
3. Real Estate Sale Contract.
4. Ordinance No. 631
COMMISSION ACTION:
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LEGAL DESCRIPTION
LAND TO BE ANNEXED INTO THE
CITY OF WINTER SPRINGS
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REAL :ESTATE SALE CONTRACT
RAW LAND / UNDEVELOPED
BUTTON PROPERTY
This agreement for the sale and purchase of real estate property is made and entered
into by and between the parties herein identified on' the last date appearing beside the
signature of the party who is the last to execute this agreement.
1. DEFINITIONS: The following terms shall have the meanings indicated for all
purposes affecting this contract.
A. SELLER - Ervin J, and Martha M, Button are the owners of the real
property which is the subject of this Contract and shall be referred to herein as
"SELLER".
B. PURCHASER - Sanlando Land, Inc., a Florida corporation, or its
successors or assigns shall be referred to herein as "PURCHASER",
C. PROPERTY - The term "Property" shall mean and refer to the real
property and improvements and all appurtenances thereto which are described as
approximately 13 acres, (See 31, Twn 20, Rng 31, Lots 18 & 18A, Seminole County,
Florida) as described in Exhibit" A" attached hereto and incorporated herein by
reference. SELLER to provide correct legal description within Fifteen (15) days,of
contract acceptance.
D. CLOSING - The term "Closing" shall mean and refer to the act of
settlement of the purchase and sale of the Property to any part thereof at which title is
conveyed from SELLER to PURCHASER.
E. TITLE COMMITMENT - The term "Title Commitment" shall mean and
refer to the commitment for the issuance of an owners policy of title insurance,
F. GOVERNMENTAL AUTHORITIES - The term "Governmental Authorities"
shall mean and refer to the federal government, the State of Florida, The County of
Seminole. City of Winter Springs and any agency or instrumentality of them having
juriSdiction over the Property or any portion thereof and whose approval is necessary
for the satisfaction of any of the conditions contained in the contract.
G. TITLE COMPANY - The term "Title Company" shall mean and refer to
Gulf Atlantic Title Agency, 460 W. Central Pkwy., Altamonte Springs, FL 32714
H. ESCROW AGENT - The term "Escrow Agent" shall mean and refer to Gulf
Atlantic Title Agency, 460 W, Central Pkwy" A/tamonte Springs, FL 32714.
2, PURCHASE AND SALE - For the consideration :herein expressed and upon the
terms and conditions herein contained SELLER agrees to sell and PURCHASER
agrees to purchase the Property,
- 7 -
D. If the final day of period or date of performance under this contract falls
on a Saturday. Sunday or legal holiday then the final day of the period or the date of
performance shall be deemed to fall on the next day which is not a Saturday, Sunday
or legal holiday.
17. SELLERS COOPERATION
SELLER agrees to join and execute any and all instruments and documents
which are necessary and are required by PURCHASER in order that PURCHASER
may proceed with the rezoning. planning. site work approvals an.d development of the
property for residential purposes. SELLER also gives PURCHASER permission as-the-
"ContraCtual Owner" to sign any of the above mentioned documents to complete the
apprbvaJ'process for'development of the property as described above~'
18. SURVEYS
SELLER at his expense. is to provide PURCHASER with the certified boundary
survey (currently in SELLERS possession) including all easements and right-at-ways
prepared by a reputable, qualified surveyor within Fifteen (15) Days after contract
acceptance. PURCHASER may obtain a "new" survey at PURCHASERS expense,
19. ASSIGNMENT
PURCHASER shall have the right to assign its rights hereunder provided that its
assignee shall assume all of PURCHASERS obligations hereunder,
20. ENVIRONMENTAL ETC,
PURCHASER shall have a Phase One Environmental Assessment performed to
determine if the property is free of contaminates. Should the Phase One
Environmental Assessment (or other tests conducted by PURCHASER) show the
property to have contaminates, SELLER shall have the option of removing said
contaminates at SELLERS sole expense or returning all deposits paid herein to
PURCHASER plus the expense of the Phase One Environmental Assessment.
21. CONDITION PRECEDENT
It is condition precedent to PURCHASERS obligation to close that there be no change
in developmental conditions of the property from the last day of the last inspection
period to the actual date of closing which would have an adverse eHect on
PURCHASERS ability to use the property as zoned. By way of example, assume that
water is available to the property of sufficient quality and quantity for PURCHASERS
intended use as of the end of the last inspection period and then for whatever reason,
water availability becomes limited, then in such event, PURCHASER shall have no
legal obligation to purchase the property. In the event of a change of an adverse
nature, then PURCHASER, in PURCHASERS sole discretion shall have the right to
either cancel the contract (in which case all deposits shall be returned to
PURCHASER). or alternatively PURCHASER may waive said condition precedent and
consummate the transaction as presently contemplated.
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22. REVOCATION OF OFFER /}({~ /'l
The offer contained herein shall be deemed to be null and void unless a fullYJI{}f- ~
executed copy hereof is returned to PURCHASER on or before 2:00 p,m. on~ 10,
1996 or such earlier date of which PURCHASER may notify SELLER in writing,
Executed as of the last of the dates indicated by the signatures below. which shall be
deemed to be acceptance date hereof for all purposes.
PURCHASER:
SANLANDO LAND, INC.
SELLER:
BY-&~~;P~ -- B~_~_~
Martha M. Button Ervintd. Button -(;J.
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FlORIDA 32708
Telephone (407) 327-1800
APPLICATION FOR ANNEXATION
APPLICANT: Sanlando Land, Inc.
Last
First
Middle
ADDRESS: 238 N. Westmonte Dr., Suite
Altamonte Springs FL
City State
PHONE: (407) 682-7747
32714
Zip Code
This is a request for annexation into the city of Winter Springs
of the property described below:
Address of Property proposed for annexation in the City:
ADDRESS: Corner of Orange Ave. & Brantley Ave. (Tuscawilla Rd.)
Winter Springs FL 32708
City State Zip Code
Tax Parcel NUmber: 26-20-30-SAR-OBOO-0180 & 018A
size of Parcel: 9.9
sq. ft./acres.
Surburban Estates
County Future Land Use Classification
County Zoning Category Agriculture
Intent of request for annexation into the City of Winter Springs:
To receive sewer and water for a single family residential
development of R 1 A minimum lots.
TO BE SUPPLIED AT THE TIME OF SUBMISSION OF APPLICATION:
* A copy of the most recent survey of the subj ect property.
* A copy of the legal description..
* Notarized authorization of the owner (if applicant is
other than owner or attorney for owner) [See below).
* 11 X 17 map showing zoning and land use classifications
on adjacent property.
* Annexation Application Fee, which includes:
* Property with legal description up to 50 words
in length: $ 350
*
Each additional
portion thereof:
increment of 50 words or
$ 25
* NOTE: Property being annexed at invitation
of the city is exempt from above fees.
************************************~****************************
FOR USE WHEN APPLICANT ~ THE OWNER OF SUBJECT PROPERTY
This is to certify that I am the owner in fee simple of subject
lands des ribed above in the Application for Annexation.
URE
to ~~~ ~~b r~bi'~~?me
19 :s7/1tJC- or ~/C(?/9
X- (2uu;V7'j/ <II=- S~h7 //Ja (e.
Personally Known
____Produced Identification/type of I.D.
expires:
'. t~ MY COMMISSION # CC 472158
EXPIRES: JUly 15, 1999
Bonded ThRl NotaJy Public UndelWrilers
*****************************************************************
FOR USE WHEN APPLICANT IS ~ THE OWNER OF SUBJECT PROPERTY
SIGNATURE OF OWNER
Sworn to and subscribed before me
this_ day of
19
NOTARY PUBLIC
My Commission expires:
Personally Known
----Produced Identification/type of I.O.
----Did take an oath
Did not take an oath
ORDINANCE NO. 631
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
ANNEXING A 9.9 ACRE PARCEL OF LAND
LOCATED AT THE NORTHWEST CORNER OF THE
INTERSECTION OF ORANGE AVE. AND
TUSKAWILLA ROAD PURSUANT TO 171.044 (1)( 2)
and 166.041 FLORIDA STATUTES; PROVIDING
FOR SEVERABILITY: CONFLICTS AND AN
EFFECTIVE DATE.
WHEREAS, the appl icant and owner (Sanlando Land Co. )
of the following described property has petitioned the City of
winter Springs to be annexed into the City and has requested
the
City'S
sewer
and
water
service,
WHEREAS, annexation of this parcel is consistent with the
pOlicy of the Florida LegiSlature wherein the Legislature
"recognizes that enclaves can create significant problems in
planning, growth management, and service deliver, and
therefore declares that it is the policy of the state to
eliminate enclaves."
WHEREAS, the City can better provide sewer and water
service to the subject parcel than the county.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
HEREBY ORDAINS;
SECTION I - That the City of Winter Springs annexes the
following described real property:
Lot 18 less the North 288 feet of the West 190 feet
of Lot 18, plus Lot 18A, of Block B, D.R.
Mitchell's Survey of the Levy Grant on Lake Jessup,
according to the plat thereof as recorded in P1at
Book 1, Page 5 of the Public Records of Seminol~
county, Florida.
SECTION II - If any section or portion of this Ordinance
proves to be invalid, unlawful or unconstitutional, it shall
not be held to invalidate or impair the validity, force or
effect of any other section or portion of a section or
subsection or part of this Ordinance.
SECTION III - That all Ordinances or parts of Ordinances
in conflict herewith are hereby repealed.
SECTION IV - This Ordinance shall take effect immediately
upon adoption, in accordance with 166.041(4) Florida Statutes.
PASSED AND ADOPTED this____day of
, 1996.
CITY OF WINTER SPRINGS
PAUL P. PARTYKA, MAYOR
ATTEST:
CITY CLERK
FIRST READING
POSTED
SECOND READING AND PUBLIC HEARING