HomeMy WebLinkAbout2002 05 13 Public Hearings B Second Reading - Ordinance 2002-03 Wayne P. and Robin R. Roberts
COMMISSION AGENDA
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ITEM B
Consent
Informational
Public Hearing X
Regular
May 13, 2002
Meeting
l~'
Mgr. / Attor. /
Authorizatio
REQUEST:
The Community Development Department requests the City Commission conduct a public
hearing for the second reading and adoption of Ordinance 2002-03 that would annex a 4.88 acre
parcel, owned by Wayne P. and Robin R. Roberts.
PURPOSE:
The purpose of this request is to annex a 4.88 acre parcel, pursuant to an annexation agreement
between the property owners, Wayne P. and Robin R. Roberts and the City of Winter Springs.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of Section 171.044(1), F.S., 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 said municipality that said property be annexed to
the municipality."
CONSIDERATIONS:
. Wayne P. and Robin R. Roberts, owners of real property located at 1120 Orange Avenue,
adjacent to Central Winds Park and contiguous to the City's corporate boundary, agreed to
allow the annexation of their property at a time deemed appropriate by the City, in return for
the extension of City water and sewer services to their property.
. The owners signed an Annexation Agreement with the City on November 21, 2000, and
subsequently paid $5000 to extend water and sewer lines to their property.
May 13, 2002
PUBLIC HEARING ITEM B
Page 2
. In addition to the $5000 construction contribution, the property owners paid utility
connection fees as described below.
Connection fee
Deposi t
Application fee
Inspection fee
TOTAL
$2382
90
15
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$2507
. A certificate of occupancy was issued by Seminole County on October 19, 2001.
. This request represents the satisfaction of Section 5 (Annexation Petition) of the annexation
agreement, which requires the property owners to effectuate annexation upon request by the
City.
FISCAL IMPACT:
None
STAFF RECOMMENDATION:
Staff recommends the City Commission adopt Ordinance 2002-03.
IMPLEMENTATION SCHEDULE:
Should the City Commission approve second reading and adopt Ordinance 2002-03, the
ordinance would then become effective immediately upon adoption and a copy would be filed
with the Seminole County Clerk of Circuit Court, the Seminole County Manager's Office, and
the Department of State within seven (7) days of adoption.
ATTACHMENTS:
A. Ordinance 2002-03
B. Adopted Annexation Agreement
C. Copy of Seminole County Certificate of Occupancy
D. Location Map of subject property
E. Annexation Application
F. Legal Description
COMMISSION ACTION:
ATTACHMENT A
.-
ORDINANCE NO. 2002-03
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
ANNEXING REAL PROPERTY LOCATED WITHIN
SEMINOLE COUNTY, FLORIDA AND LEGALLY
DESCRIBED AS LOT 6, LESS THE EAST 150 FEET,
BLOCK B. MITCHELL SURVEY OF THE LEVY
GRANT, ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 1, PAGE
5, PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, AND ALSO DEPICTED ON EXHIBIT "A"
HERETO; PROVIDING FOR THE AMENDMENT
OF WINTER SPRINGS CHARTER, ARTICLE II,
BOUNDARIES TO INCORPORA TE THE REAL
PROPERTY INTO THE CITY BOUNDARIES;
PROVIDING FOR THE FILING OF THE REVISED
WINTER SPRINGS CHARTER WITH
APPROPRIATE AGENCIES UPON SAID
APPROVAL; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR 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 atisfies 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, Charter, and City Code;
and
WHEREAS, upon effective date 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; and
City of Winter Springs
Ordinance No. 2002-03
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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 COMMISSION OF THE CITY OF
WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS:
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Section 1. Annexation of Real Property . - -.. The -area -of real- prop-erty; 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.
Section 2. 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 1 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 upon said approval. 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 3. 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 4. 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 S. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a
regular meeting assembled on the _ day of , 2002.
City of Winter Springs
Ordinance No. 2002-03
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A TrEST:
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:
City of Winter Springs
Ordinance No. 2002-03
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PauIP.Partyka,~ayor
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ATTACHMENT B
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CITY OF WINTER SPRINGS
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT is made this _ day of
2000, by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal
Corporation ("City"), whose address is 1126 East State Road 434, Winter Springs, Florida 31708,
and WAYNE P. ROBERTS and ROBIN R. ROBERTS, whose address is 4203 Metric Drive,
Winter Park, Florida 32792 ("Owners").
RECITALS:
WHEREAS, the City, acting by and through its City Commission, has under consideration
a request by the Owners for sewer anclJor water service to lands owned by the Owners and located
outside of the City's municipal limits, said lands ("Property") being more fully described in Exhibit
"A", which is attached hereto and made a part hereof by reference; and
WHEREAS, pursuant to the policies of the City of Winter Springs, in order to obtain sewer
anclJor water service outside the municipal corporate limits ofthe City of Winter Springs, the Owners
must enter into a binding agreement to annex the Property at such time as the City may determine,
by law, that it is in the best interests of the City to annex the Property into the City of Winter
Springs; and
WHEREAS, the parties hereto wish to set forth herein their respecti ve intentions as concerns
annexation and the duties, and obligations, and privileges resulting therefrom; and
WHEREAS, Owners acknowledge and agree that the City could suffer a loss of revenue and
would be unable to ensure adequate services to its own residents if Owners were to receive sewer
anclJor water service from the City without the condition of executing this Annexation Agreement;
and
WHEREAS, the Owners acknowledge that the condition of executing this Annexation
Agreement prior to obtaining sewer and/or water service from the City is a reasonable and lawful
condition. Allen's Creek Properties. Inc. v. City of Clearwater, 679 So. 2d 1172 (Fla. 1996).
NOW, THEREFORE, in consideration of the mutual covenants herein contained and other
good and valuable consideration passing between the parties hereto, receipt and sufficiency of which
is hereby acknowledged, be it agreed arid committed as follows:
1.
Recitals.
The parties agree that the foregoing recitals are true and correct and
are hereby fully incorporated into this Annexation Agreement by this reference.
2.
Effective Dateffermination.
This Annexation Agreement shall become
effective upon execution by both parties and shall remain in effect until the Property is actually
annexed into the City of Winter Springs or sewer and/or water service provided by the City is
permanently discontinued. Upon termination, this Annexation Agreement shall become null and
void and all the parties shall have no further obligations under this Annexation Agreement to each
other.
3. Water and Sewer Service. In consideration of Owners paying the City an amount
equal to Five Thousand and noll00 Dollars ($5,000.00), City agrees to run and install a water and
sewer line along Orange Avenue to the Owners' property line abutting Orange Avenue. The City
will install the water and sewer line in accordance with the City's plans and specifications within
ninety (90) days of the City receiving the Five Thousand and noll00 Dollars ($5,000.00) payment
from Owners. Owners shall be solely responsible for the installation and payment of any
infrastructure (including pump station) required to connect Owners' house to the water and sewer
line installed by the City on Orange Avenue. Owners' installation shall first be approved by the City
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subject to the City's sewer and/or water connection guidelines. Owners shall comply with all City
policies, whether written or otherwise, regarding the connection to, and use of, the City's sewer
and/or water system. The City shall have the right to inspect any and all sewer and/or water lines
and appurtenances installed by Owners to connect to the City's sewer and/or water system. Owners
agree to pay any and all sewer and/or water fees, charges, assessments, and other costs adopted by
the City which directly or indirectly relate to the connection to, and use of, the City's sewer and/or
water system.
4. Annexation. At such time the Property should ever become eligible for annexation,
the Owners hereby consent to the annexation of the Property by, arid to, the City. Notwithstanding
any other provision of this Annexation Agreement, the decision as to whether annexation of the
Property is in the best interests of the City, and should be accomplished under this Annexation
Agreement, shall be made according to the sole and absolute discretion of the Commission of the
City of Winter Springs. Nothing in this Annexation Agreement shall be construed to create a
binding obligation on the City to annex the Property at any time.
Eligibility for annexation shall be determined by the City in accordance with Chapter 171,
Florida Statutes, the Charter of the City of Winter Springs, and such ordinances as adopted by the
Commission of the City of Winter Springs. A determination by the City that the Property is eligible
for annexation shall be binding on the Owners. Owners hereby waive any right to object to, or
appeal, the City's decision to annex the Property. Furthermore, Owners hereby agree not to register
any written or verbal opposition to the City's annexation of the Property.
5.
Annexation Petition.
Upon request by the City, the Owners agree to execute
any and all reasonable instruments to effectuate the annexation of the Property, providing the City
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has determined, in its sole and absolute discretion, the Property is eligible for annexation. The
Owners shall have thirty (30) days to execute the instruments necessary to annex the Property into
the City. In the event the Owners fail or refuse to execute the instruments, this Annexation
Agreement shall constitute the required Petition for Annexation pursuant to Chapter 171, Florida
Statutes.
6. Zoning And Comprehensive Plan Designations For Annexed Property. The City
agrees that the Commission of the City of Winter Springs shall consider annexing the Property with
substantially similar and comparable zoning and comprehensive plan land use designations as
imposed by Seminole County upon the Property at the time of annexation, or as altered by
application of the Owners. The City zoning and comprehensive plan land use designation shall be
considered by the Commission for approval, disapproval, or modification pursuant to applicable state
and local law. In no way whatsoever shall this paragraph be construed as a contractual obligation
of, or promise by, the City to give the Property a predetermined City zoning and comprehensive plan
land use designation.
7.
Compliance With Laws and Reeulations.
Owners shall comply with all
requirements of federal, state, and local laws, rules, regulations, standards, and/or ordinances
applicable to the annexation and sewer and/or water services under this Annexation Agreement.
For purposes of this paragraph, local laws include, but are not limited to, all ordinances, rules, and
regulations of the City relating to annexation and sewer and/or water services regardless of the fact
the Property, while located outside of the City boundaries, is not technically under the jurisdiction
of the City.. Owners and City agree that all such City Ordinances, rules, and regulations, as may be
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amended or adopted from time to time, are hereby fully incorporated into this Annexation Agreement
by this reference.
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Owners' Representations and Warranties.
Owners represent and warrant
that Owners possess fee simple title to the Property, that Owners have full power and authority to
enter into this Annexation Agreement, that the undersigned are vested with full authority to execute
this Annexation Agreement on behalf of Owners, and that upon execution of this Annexation
Agreement the same will be fully binding and enforceable according to its terms.
9. Recordation. The Owners agree and consent that this Annexation Agreement shall
be recorded in the office of the Clerk of Circuit Court in and for Seminole County, Florida, and that
all costs of recording shall be paid by the Owners.
10.
Binding Effect.
Both parties agree to sign all papers necessary to carry out the
foregoing Annexation Agreement. The provisions of this Annexation Agreement shall be binding
upon the heirs, personal representatives, successors and assigns of the respective parties.
11.
Attorneys' Fees.
In the event of litigation arising out of or relating to this
Annexation Agreement, the prevailing party shall, to the extent permitted by law, be entitled to
recover all its reasonable expenses, including attorneys' fees, costs, and other expenses reasonably
and necessarily incurred, through all administrative, trial, post judgment, and appellate proceedings,
to the extent permitted by law.
12.
Counterparts.
This Annexation Agreement may be executed in several
counterparts and each counterpart shall constitute an original.
13.
Headines.
All headings in this Annexation Agreement are for convenience only
and shall not be used to interpret or construe its provisions.
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14. Severability. If a word, sentence, or paragraph herein shall be declared illegal,
unenforceable, or unconstitutional, the said word, sentence, or paragraph shall be severed from this
Annexation Agreement, and this Annexation Agreement shall be read as if said illegal,
unenforceable, or unconstitutional word, sentence, or paragraph did not exist.
15. Waiver. Failure of the City to insist upon performance within any time period or
upon a proper level or quality of performance shall not act as a waiver of the City's right to later
claim a failure to perform on the part of the Owners.
16.
Governing Law/J urisdiction.
The parties hereto agree that the state or federal
courts located in the State of Florida shall have the exclusive jurisdiction over the parties and the
subject matter of any litigation between the parties arising hereunder. For purposes of state court
action, venue shall lie in Seminole County, Florida, and for purposes of federal court action, venue
shall lie within Orlando, Florida.
17. Notices. All notices of any type hereunder shall be given by U.S. mail or by hand
delivery to an individual authorized to receive mail for the below listed individuals, all to the
following individuals at the following locations:
TO THE CITY:
City of Winter Springs
City Manager
City of Winter Springs City Hall
1126 East State Road 434
Winter Springs, Fl. 32708-2799
Phone: 407-327-1800
Fax: 407-639-7575
TO THE OWNERS:
Wayne P. Roberts and Robin R. Roberts
4203 Metric Drive
Winter Park, Florida 32792
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. Notice shall be deemed to have been given and received on the date the notice is physically received
if given by hand delivery, or if notice is given by first class U.S. mail, postage prepaid, then notice
shall be deemed to have been given upon the date said notice was deposited in the U.S. Mail
addressed in the manner set forth above. Any party hereto by giving notice in the manner set forth
herein may unilaterally change the name of the person to whom notice is to be given or the a9dress
at which notice is to be received.
18.
Draftine.
City and Owners each represent that they have both shared equally in
drafting this Annexation Agreement and no party shall be favored or disfavored regarding the
interpretation ofthis Annexation Agreement in the event of a dispute between the parties.
19. Sovereif:n Immunity. Nothing contained in this Annexation Agreement shall be
construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida
Statutes, or other limitations imposed on the City's potential liability under state or federal law.
20.
Modification.
This Annexation Agreement shall only be modified by a
written instrument executed by the parties hereto or any successors, assigns, heirs, or representatives
thereto.
IN WITNESS WHEREOF, the parties hereunto set their hands and seals the day and year
first above written.
Signed, Sealed and Delivered
in the presence of
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A YNE P. R~~RTS, Owner
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RO IN R. ROBE TS, Of"ner
Print Name: C C.A Q I? I ,.J C~ IV .J
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Print Name: I'. 1-
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STATE OF FLORIDA
COUNTY OF SEMINOLE
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L-1}, " .... !/ ~erebY certify that the foregoing instrument wasacknowledged before me this C;; Iday of
/ 6. (J( -'J J'i' Ile I) ,2000,bX WAYNE P. ROBERTS, 0 who IS personally known to me, orFho has
produced Adi.tit. ;< 1!c..3 - <C}-/~ - L) 4 - as identification.
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STATE OF FLORIDA
COUNTY OF SEMINOLE
"-I) r,.' ;. / I ~ereby certify that the foregoing instrument wa~ acknowledged before me this :J Iday of
/ . LL~ ltnL-l'ct_~2000,bY_~ROBIN R. ROBERTS, 0 who IS personally known to me, or ~ho has
produced d( ~ f.:.)h-:1; ~ 126 -- as identification,
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A TIEST:
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ZO-LUACES
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ANDREA L
City Clerk
STATE OF FLORIDA
COUNTY OF SEMINOLE
I hereby certifY that the foregoing instrument was ac
.~ ,;J,.....>.(L- ,2000, by
B-Vlho is personally known to
identi fication.
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owledged before me this /'i? '-fh.day of
of \A1L~J0 5~~-~ '
roduced as
1':\DOCS\City of Winter Springs\Annexations\Annexation Agreemcnt.Robcrts.kj
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NOTARY PUBLIC
if Deborah l Gillespie
* * My Commlssloo' CC920806
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RECORDED &: VERIFIEr
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nilS IN Sl1l U.'1 El'.. fREl'.vu:.D D r
AND SHOULD BE RETURNI:O TO:
C. 0"'01 Mrc.t/1(<n. E~ir<
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Pau Off= no. &80
W Itl!Cr Put.. FL ) Z79O-O&l\O
215311
1958 ~ -9 p)! 4; 26
Pro(>l:rty folio number: 26-20-3o-SAR-OBOO-0060
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WARRANTY DEED :: CJ .;! ~
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THIS WARRANTY DERD made and executed.he ~~it, day of fi~ ,A.D., _ '''tF:
1998. by WILLIAM LEE SANDERS. JR.. whose mailing address is Pose 0 ~ Box 2071.
Columbus, Mississippi 39704 rGRANTOR-) to WAYNE P. ROBERTS and ROBIN R.
ROBERTS. husband and wife. Whose address is\rGRANTEE"'): .
10104 05 <. e.ol" A lJe.. l~'<\ +t.r Parr... f:(.. 3.11!t
(Wherever used herein the tenus "grantor" and -grantee- ioclud.e all the parties to .this
inslrumen1 and the heirs, legal representatives and assigns of individuals, and the successors and
assigns of corporations)
WITNESSETIl (hat the Grantor, for and in consideration of the sum of $10.00 aDd other
valuable considerations, receipt whereof is hereby acknowledged. hereby grants, bargains, sells.
aliens, remises, releases, conveys and confirms unto the Grantee, all that cerb.in land situate in
Seminole County. Florida. viz.: .
Lot 6, less the East 150 f~, Bloc1cB, MITCHELL SURVEY OF TIfE LEVY
GRANT, ac;cording to the map or plat tbereof as recorded in PIac Book I. Page
5, Public Records of Seminole Comity, Florida.
Gr.mtor ccpn:sentS that Grantor is a resident of Columbus. Mississippi. docs not reside
on lhe above-described propeny. am such property does not co~1itute the constitutional
homestead of the Grantor.
EXHIBIT
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ATTACHMENT C
Jan-28-02 10:19A Development Review
DUPLrCATE
407 665 7456
SEMINOLE COUNTY
1101 E FIRST STREET
SANFORD FL 32771
DUPLICATE
C:E R T I FIe ATE
Issue'Da~e
Parcel N~mber . .
Property! Addreea
Subdivision Name
Legal De?cription
Property! Zoning
Owner _ I_ -
Contractpr
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Applicat~on number
Descr1pt~on of Work _ .
Con6truc~lon type
Occupan(~Y type
Flood Zohe . - - -
APprovedl
o F
o C CUP A N C Y
PER H A N E N T
10/19/01
26-20-30-5AR-OBOO-0060
1120 ORANGE AVE
WINTER SPRINGS .., ...... .. FL 32708
D R HITCHELLS SURVEY OF THE
LEG LOT 6 (LESS E 150 FI) BLK
B D R MI
THE LEVY GRANT
PB 1 PG
AGRICULTURE
ROBERTS WAYNE/ROBIN
OWNER BUILDER
407
99-00008339 000 000
NEW SINGLE FAMILY DETACHED
CONCRETE/COMBUSTIBLE ROOF
SINGLE FAMILY
tY~JJ... ~~-
VOID UNLESS SIGNED BY BUILDING OFFICIAL
Building Official
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ATTACHMENT D
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ATTACHMENT E
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CITY OF WINTER SPRINGS, FLORIDA
. 1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development Depl.
Planning Division
APPLICATION FOR ANNEXA nON
APPLICANT:~o~E:R.TS. ROBiN
Last First' Middle
A- f\N\S'Ci
ADDRESS: 112..0 ORAN.q,..E Av EN..O E
WfNTI=R .5rR..INq..S. F L 3 z. 70B
City State r Zip Code
PHONE:~07- 3Z7~0300
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: ,\ 2.. 0 . 0 R..AI\l 4-E f\o €NU E
WINTER Sf/AIAJG-s; FI-o/-?'tJ)/t ..3 2-7D8.
City State Zip Code
Tax Parcel Number: 2 G:, - LO - 30- 5 A R - 0 Boo - ooto 0
Size of Parcel: ..5
sq. ft./acres.
-
County Future Land Use C~assification
County Zoning Category fJ - I
lntent of request for annexation into the City of Winter Springs:
-'~
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,
TO BE SUPPLIED AT THE TIME OF SUBMISSION OF APPLICATION:
*
A copy of the most recent survey of the subject property.
*
A copy of the legal description.
*
Notorized authorization of the owner (if applicant is other than owner or attorney for
owner) [See below].
*
II 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 increment of 50 words or portion thereof:
$25
*
NOTE: Property being annexed at invitation of the City is exempt from
above fees.
*****************************************************************
FOR USE WHEN APPLICANT IS THE OWNER OF SUBJECT PROPERTY
This is to certifY that I am the owner in fee simple of subject lands described above in the Application
for Annexation.
(3 "v.- C. ~.
SrG A TURE OF OWNER
SWOI11 to and subsrfibed before me
thisJa day o&Jc OT AR Y PUBU
-+9 ZtJ()r:J- My Commission expires:
~
I~"~ Sylvia P Denson
* 'tvi * My Commission CC810502
_Personally Known '~".'n"~' E~Plrepvem~6. 2003
0roduced Identification/type of to: 1.:3 73 t --S~7
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SCHEDULE A
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RECORDED &. VERIFIEr
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nus lNSTllUMEt;T FREPAJU:D.tlY
AND SllOllLO BE RBnnmro TO:
C. 6tm1 McC_etucll. E~~
Win<f~. f{Aiftcs.. WanI
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Pusl Offio: lJo. aso
WIllttf Put. FL J219O-08llo
2153rl
1m Ji -9 PM 4: 26
Property folio number; 26-20- 3O-5AR-QBOO-OO6Q
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WARRANTY DEED ~ 0 .;!g
THIS WARRANTY DEED made and executed lbc ~6 it, day Qf fi"~ ,A.~, = :~~
1998. by WILLIAM Lg SANDERS, JR~~ whose mailing address is Pose 0 Jl,::e Box 2071,
Columbus, Mississippi 39704 (-GRANTOR-) 10 WAYNE P. ROBERTS and ROBIN R.
ROBERTS. hUSband and wife. Whose address is\{"GRANTEE"):
Iol.,ti O~<'f!.ol~ Ave., W.,,+er ParK. f:, ~~1('t
{Wherever used herein the tenus "grantor" and -grantee- in:lude all the parties (0 this
inslrumem and the heirs, legal represeuratives and assigns of individuaJs, and the successors and
assigns of corporations)
WlINESSETII that the GraDlor, for and in consideration of rhe sum of $10.00 and other
valuable c:onsidc:ratio~ receipt whereof is hereby acknowledged, hereby grants, bargains, seils.
aliens, remises, releases, conveys and confirms unto lhe Grantee, all tb.tt certain land situ3te in
Seminole County, Florida, viz:
Lot 6. less the East l~ feet, Block: B, MITCHELL SURVEY OF TIlE LEVY
GRANT, according to the map or plat. thereof as recorded in Plat Book: 1. Page
S. Public Recorcbi of Seminole County, Florida.
Grantor ~ that Grantor is a resident of Columbus. Mississippi, docs not reside
on me above-described property. aM such propeny does not constitute the constitutional
homestead of the Grantor.
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EXHIBIT
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"THIS IS NOT A BOUNDARY SURVEY"
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WA YNE ROBERTS
ROBIN ROBERTS
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LEGAL DESCRIPTION:
Lot six, less the east 150 feet thereof. Block B, "DR. MITCHELL'S SURVEY. of the LEVY GRANT on Loke
Jessup, Orange County. Florida" according to the plat thereof as recorded in Plat Book I, Page 5, of the
public records of Seminole County. Florida.
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ALSO DESCRIBED AS FOLLOWS:
Beginning 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 I, Page 5, of the public records of
Seminole County. Florida, run N 18'49'37" E along the Westerly line of said Lot 6, Block 8, 618.00 feet to
the waters edge of Loke Jessup; thence departing said Westerly line run Southeasterly meandoring along
the waters edge, with 0 reference bearing and distance of. S 74 '21'07" E, 355.16 feet to a point 150.00
feet West, when measured perpendicular and parallel, to the East line of the aforesaid Lot 6; thence 6
1817'00" W. along a line parallel to and 150 feet West of the aforesaid Easterly line of Lot 6. Block 8,
613.45 feet to the Northerly right of way line of Orange Avenue; thence N 75'01'30" Walong the said
Northerly right of way line. 361.25 feet to the POINT OF BEGINNING.
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GRAPHIC SCALE
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone: (407) 327-1800
Fax: (407) 327-4753
E.mail: contactus@winterspringsfl.org
Via Certified Mail
May 16, 2002
The Honorable Katherine Harris
Secretary of State for the State of Florida
PL 02
The Capitol
Tallahassee, Florida 32399-0250
Dear Secretary Harris,
In accordance with Florida Statutes 171.044(3), attached is a certified copy of the
following Annexation Ordinance from the City of Winter Springs:
. Ordinance Number 2002-03
This Ordinance was officially adopted on May 13, 2002, and does change our municipal
boundaries. Please feel free to contact me if I can be of further assistance.
Sincerely,
QITY OF WINTER SPRINGS
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-"---' ~drea Lorenzo-Luaces, CMC
City Clerk
Copy: Mr. Ronald W. McLemore, City Manager
Mr. Anthony A. Garganese, City Attorney
Attaclunent
DOCSI eorrespon den eel e i t ye I erk/2 002/0344. doc
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone: (407) 327-1800
Fax: (407) 327-4753
E.mail: contactus@winterspringsfl.org
Via Certified Mail
May 16, 2002
Ms. Maryanne Morse
Clerk of the Court
Seminole County
301 North Park Avenue
Sanford, Florida 32771
Dear Ms. Morse,
In accordance with Florida Statutes 171.044(3), attached is a certified copy of the
following Annexation Ordinance from the City of Winter Springs:
. Ordinance Number 2002-03
This Ordinance was officially adopted on May 13, 2002, and does change our municipal
boundaries. Please feel free to contact me if I can be of further assistance.
Sincerely,
CITY OF WINTER SPRINGS
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City Clerk
Copy: Mr. Ronald W. McLemore, City Manager
Mr. Anthony A. Garganese, City Attorney
Attachment
DOCSI corresponden eel c i tyclcrk/2 00 2/0 3 4 2 .doc
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone: (407) 327-1800
Fax: (407) 327-4753
E-mail: contactus@winterspringsfl.org
Via Certified Mail
May 16, 2002
Mr. Kevin Grace
County Manager
County of Seminole
1101 East First Street
Sanford, Florida 32771
Dear Mr. Grace,
In accordance with Florida Statutes 171.044(3), attached is a certified copy of the
following Annexation Ordinance from the City of Winter Springs:
· Ordinance Number 2002-03
This Ordinance was officially adopted on May 13, 2002, and does change our municipal
boundaries. Please feel free to contact me in can be of further assistance.
Sincerely,
CITY OF WINTER SPRINGS
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Andrea Lorenzo-Ltiaces, CMC
City Clerk
Copy: Mr. Ronald W. McLemore, City Manager
Mr. Anthony A. Garganese, City Attorney
Attachment
DOC Sl corres pan dcncel c i lye I crk/2 00 2/0 3 4 3. doc
ORDINANCE NO. 2002-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, ANNEXING REAL
PROPERTY LOCATED WITHIN SEMINOLE COUNTY,
FLORIDA AND LEGALLY DESCRIBED AS LOT 6, LESS
THE EAST 150 FEET, BLOCK B. MITCHELL SURVEY OF
THE LEVY GRANT, ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5,
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA,
AND ALSO DEPICTED ON EXHIBIT "A" HERETO;
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 APPROPRIATE AGENCIES
UPON SAID APPROVAL; PROVIDING FOR REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR 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 atisfies 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, Charter, and City Code; and
WHEREAS, upon effective date 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; 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.
City of Winter Springs .
Ordinance No. 2002-03
Page I of 3
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOllOWS:
Section 1. 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.
Section 2. 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 1 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 upon said approval. 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 3. 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 4. 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 5. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Spr,ings, Florida; in a
regular meeting assembled on the 13th day of ,2002.
A JEST:
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Andrea Loren~-L:uaces, City Clerk
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Paul P. Partyka, Mayor
City of Winter Springs
Ordinance No. 2002-03
Page 2 of 3
Approved as to legal form and sufficiency for
the Cit . ter Springs only
A thony A. Garganese, City Attorney
First Reading: FEBRUARY II, 2002
Second Reading: MAY 13. 2002
Effective Date: MAY 13. 2002
F:\DOCS\City of Winter Springs\Roberts AnnexationlAnnexation ordinance.wpd
City of Winter Springs
Ordinance No. 2002-03
Page 3 of 3
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TOPOCR.J.PHIC SUR~
WAYNE ROBERTS
ROBIN ROBERTS
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LEGAL DESCRIPnON:
Lot six. -less tht! t!Ost 150 fet!t thereof, Block B. -D.R. MITCHELL'S SURVf:Y, of the LEVY GRANT on Lokt!
J<:ssup. Orongt! County. Rodda- according ta tht! plat thereof as recorded in Plat Book '. Page 5, of the
public records of Seminolt! County. Rodda.
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ALSO DESCRIBED AS FOllOWS:
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Beginning at the Southwest comer of Lot 6. Block B, .OR. MITCHELL'S SURVE:Y, of the LEVY GRANT on
Lake Jessup, Orange Caunty. Rarida" as recorded in Plat Book I. Page 5. of the putJlic records of
Seminole County. Rodda. run N 1B'49'3r E along the Westerly line of said Lot 6. Block 8. 618.00 feet to
the waters edgt! of Lake Jessup: thenct! departing said Westerly line run Southeasterly meandoring along
the waters edge, with a referenCe bearing and distance of, S 74'21'07" E. 355./6 feet to a point 150.00
feet West. when mt!Osured perpendicular and parallel. to the East line af the aforesaid Lot 6: thence 5
1877'00" W. along a line parallel to and 150 feet West of the aforesaid Easterly line of Lot 5. Block 8,
613.45 feet ta tht! Northerly right af way line of Orangt! Avenue: thence N 75V/'30. Walong the said
Northffiy right of way line. 361.25 fet!t to tht! POINT OF BEGINNING.
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