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HomeMy WebLinkAboutOrdinance 2013-12 Plante Property Annexation ORDINANCE NO. 2013-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING NINE (9) PARCELS OF LAND COMPRISING APPROXIMATELY 60 GROSS ACRES,MORE OR LESS,CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED SOUTH OF STATE ROAD 434 AND EAST OF TUSKAWILLA ROAD, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A"ATTACHED 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, 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 in compliance and consistent with the goals and objectives of the City of Winter Springs Comprehensive Plan, Charter, and City Code; and WHEREAS,upon the 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. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: MARYANNE MORSE, SEMINOLE COUNTY y City of Winter Springs CLERK OF CIRCUIT COURT COMPTROLLER Ordinance No. 2013-12 SK 08%65 Pqs 109 10991 (gEigs) Page 1 of 3 FILE NUM 2014055787 RECORDED 05/ 1/R014 07tc6:S4 AN RECORDINe FEES 69.W RECORDED BY J Eckenrothtall) Section 1. Annexation of Real Property. The area of real property, which is more particularly described in the metes and bounds legal descriptions 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 and shall provide a copy to the Office of Economic and Demographic Research along with a statement specifying the population census effect and the affected land area. 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, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs; FJuti &,'lti 'rcgular meeting assembled on the 12th day of May, 2014. • / . - i�. � � Char es Lace' ayo ``fin t,. ATT S r J V Andfea orenzo-Luaces, City Clerk City of Winter Springs Ordinance No. 2013-12 Page 2 of 3 Approved . to legal form and sufficiency for the Cit ./ ter Springs only: Anthony A. Garganese, City Attorney First Reading: October 28, 2013 Second Reading: May 12, 2014 Effective Date: May 12, 2014 City of Winter Springs Ordinance No. 2013-12 Page 3 of 3 Exhibit "A" LEGAL DESCRIPTION(PER TITLE COMMITMENT): PARCELS 7, 8, 12, 14,and 17 and the platted roads, Gardena Farms, as recorded in Plat Book 6, pages 23 through 24, of the Public Records of Seminole County,Florida,together being described as follows: A portion of Tuskawilla,D.R.Mitchell's survey of the Levy Grant,as recorded in Plat Book 1, Page 5,and a portion of Gardena Farms Town Sites,as recorded in Plat Book 6,Page 39,and a portion of Gardena Farms, as recorded in Plat Book 6,Pages 23 through 24,all of the Public Records of Seminole County,Florida,being more particularly described as follows: COMMENCING at the Northwest corner of Lot 51,Tuscawilla Unit 9,as recorded in Plat Book 24,pages 72-73 of the Public Records of Seminole County, Florida; thence run North 55°27'26"West,along the Westerly right of way line of Rails to Trails,as recorded in Official Records Book 3177,Page 632 of the Public Records of Seminole County,Florida,for a distance of 595.66 feet to the POINT OF BEGINNING;Thence departing said Westerly right of way line run South 24°15'39" West,along the Westerly line of Lot 1,Block 1, Gardena Farms Town Sites,as recorded in Plat Book 6,page 39 of the Public Records of Seminole County, Florida,for a distance of 86.39 feet; thence run South 09°45'37" West for a distance of 55.07 feet to a point on the Southerly right of way line of Railroad Avenue,as shown on the said Plat of Gardena Farms Town Sites;thence run North 55°27126"West,along said Southerly right of way line,for a distance of 636.73 feet to a point on the South line of the North 1/2 of Block 3 of said Gardena Farms Town Sites;thence departing said Southerly right of way line,run North 85°42'44"West, along said South line of the North 1/2 of Block 3,for a distance of 635.00 feet to a point on the West line of said Block 3; thence departing said South line,run North 04°17'16"East,along said West line,fora distance of 377.73 feet to the North line of said Gardena Farms Town Sites;thence departing said West line,run North 85°44'34"West,along said North line,for a distance of 1291.09 feet to a point on the Easterly right of way line of Tuskawilla Road;thence run North 13°13'34" East,along said Easterly right of way line,for a distance of 45.94 to the point of curvature of a curve,concave Westerly,having a radius of 5813.47 feet, a chord bearing of North 11°19'20" East and a chord distance of 382.08 feet;thence run Northerly along the arc of said curve,and said Easterly right of way line,through a central angle of 03°45'59" for an arc distance of 382.15 feet to the point of compound curvature of a curve,concave Easterly,having a radius of 5693.21 feet,a chord bearing of North 11°19'33" East and a chord distance of 374.86 feet;thence run Northerly along said curve and said Easterly right of way line,through a central angle of 03°4624"for an arc distance of 374.93 feet to the point of tangency;thence run North 13°13'03"East,along said Easterly right of way line,for a distance of 12.05 feet; thence departing said Easterly right of way line,run South 87°58'44" East for a distance of 511.70 feet to the Westerly right of way line of the unnamed street as shown in said Plat Book 1,page 5;thence run South 87°17'59"East for a distance of 15.00 feet to the centerline of said unnamed street;thence run North 02°41'54" East, along said centerline of unnamed street,for a distance of 372.00 feet;thence run North 87°17'59"West for a distance of 15.00 feet to the aforesaid Westerly right of way line of the unnamed street;thence departing said Westerly right of way line,run North 81°23'14"West for a distance of 188.75 feet; thence run North 11°14'43" East for a distance of 47.95 feet;thence run North 74°48'12"West for a distance of 244.40 feet to the aforesaid Easterly right of way line of Tuskawilla Road,said point being on a curve, concave Easterly,having a radius of 5677.58 feet, a chord bearing of North 14°37'20"East and a chord distance of 240.25 feet;thence run Northerly along the are of said curve,and said Easterly right of way line,through a central angle of 02°2529" for an arc distance of 240.27 feet;thence departing said Easterly right of way line, run South 87°58'38" East for a distance of 369.67 feet to a point on the aforesaid Westerly right of way line of the unnamed street; thence run South 87°17'54"Fast for a distance of 30.00 feet to a point on the Easterly right of way line of the unnamed street;thence run South 02°42'26" West, along the said Easterly right of way line,for a distance of 14.64 feet;thence departing said Easterly right of way line,run South 87°58'38" East for a distance of 142.88 feet to a point on the Westerly right of way line of the Rails to Trails, said point also being a point on a curve, concave Easterly,having a radius of 4008.02 feet, a chord bearing of South 04°25'42"East and a chord distance of 293.20 feet;thence run Southerly along the arc of said curve,and said Westerly right of way line,through a central angle of 04°11'32" for an arc distance of 293.27 feet to the point of compound curvature of a curve, concave Easterly,having a radius of 2248.74 feet, a chord bearing of South 15°30'27" East and a chord distance of 689.06 feet; thence run Southerly along the arc of said curve, and said Westerly right of way line,through a central angle of 17°37'34" for an arc distance of 691.79 feet to the point of compound curvature of a curve, concave Northeasterly,having a radius of 1915.35 feet, a chord bearing of South 37°05'33" East and a chord distance of 846.86 feet;thence run Southeasterly along the arc of said curve, and said Westerly right of way line,through a central angle of 25°32'38" for an arc distance of 853.91 feet;thence run North 37°08'28"East,along said Westerly and Southerly right of way line,for a distance of 19.99 feet; thence run South 52°44'55" East,along said Westerly and Southerly right of way line,for a distance of 236.35 feet;thence run South 38°13'59"West, along said Westerly and Southerly right of way line,for a distance of 17.96 feet;thence run South 55°27'26"East,along said Westerly and Southerly right of way line,for a distance of 819.82 feet to the POINT OF BEGINNING. LESS AND EXCEPT any platted rights of way not shown as vacated. Containing 1,517,496 square feet, or 34.84 acres,more or less. Parcels 4,5, 9,and 10,together being described as follows: A portion of Tuskawilla,D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5,and a portion of Gardena Farms Town Sites, as recorded in Plat Book 6,Page 39,all of the Public Records of Seminole County,Florida,being more particularly described as follows: BEGINNING at the Northwest corner of the Reserve at Tuscawilla Phase II, as recorded in Plat Book 50,Pages 3 through 9 of the Public Records of Seminole County,Florida;thence run thence run South 00°45'33"East along the Westerly line of said Reserve at Tuscawilla,Phase also being the East line of Block A and Block D,Gardena Farms Town Sites,as recorded in Plat Book 6,Page 39,of the said Public Records of Seminole County,Florida,for a distance of 810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails;thence departing said West line and said East line,run North 55°28'13" West along said Northeasterly right of way line, for a distance of 139150 feet to the point of curvature of a curve,concave Northeasterly,having a radius of 181535 feet, a chord bearing of North 39°53'47"West and a chord distance of 973.99 feet;thence run Northwesterly along the arc of said curve,and said Northeasterly right of way line,through a central angle of 31°07'19" for an arc distance of 986.06 feet;thence departing said curve, and said Northeasterly right of way line,run South 85°45'55"East for a distance of 956.82 feet to a point on the Southerly right of way line of State Road 434;thence run South 41°02'40" East along said Southerly right of way line for a distance of 43.63 feet to a point on a curve,concave Northeasterly,having a radius of 2998.40 feet,a chord bearing of South 56°12'43" East and a chord distance of 373.78 feet;thence run Southeasterly along the arc of said curve,and said Southerly right of way line,through a central angle of 07°08'50"for an arc distance of 374.02 feet;thence departing said curve,run North 30°12'52" East,along said Southerly right of way line,for a distance of 15.00 feet to a point on a curve, concave Northeasterly,having a radius of 2983.40 feet, a chord bearing of South 61°27'48"East and a chord distance of 174.69 feet;thence run Southeasterly along the arc of said curve, and said Southerly right of way line,through a central angle of 03°21'20"for an arc distance of 174.72 feet;thence departing said curve,run South 04°13'03" West,along said Southerly right of way line,for a distance of 206.38 feet to the Northerly right of way line of Old State Road 434;thence run South 31°20'20"West for a distance of 30.00 to the Centerline of said right of way,said point also being on a curve, concave Northerly,having a radius of 581.40 feet, a chord bearing of South 76°03'01" East and a chord distance of 347.22 feet;thence run Easterly along the arc of said curve, and said Centerline,through a central angle of 34°44'53" for an arc distance 352.60.feet;thence departing said curve,run South 02°25'12"East for a distance of 29.86 feet to the POINT OF BEGINNING. LESS AND EXCEPT any platted rights of way not shown as vacated. AND ALSO LESS AND EXCEPT that portion of old State Road 434 as shown on the Florida Department of Transportation Right of Way Map Section 77070-2517. Containing 1,207,960. square feet,or 27.73 acres,more or less. Parcel 15,also being described as follows: A portion of Tuskawilla,D.R.Mitchell's survey of the Levy Grant,as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County,Florida,being more particularly described as follows: COMMENCING at the Northwest corner of the Reserve at Tuscawilla Phase II,as recorded in Plat Book 50,Pages 3 through 9 of the Public Records of Seminole County,Florida;thence run thence run South 00°45'33" East along the Westerly line of said Reserve at Tuscawilla,Phase II, also being the East line of Block A and Block D, Gardena Farms Town Sites,as recorded in Plat Book 6,Page 39,of the said Public Records of Seminole County, Florida,for a distance of 810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails;thence departing said West line and said East line,run North 55°28'13" West along said Northeasterly right of way line, for a distance of 1393.50 feet to the point of curvature of a curve,concave Northeasterly,having a radius of 1815.35 feet, a chord bearing of North 39°53'47"West and a chord distance of 973.99 feet;thence run Northwesterly along the arc of said curve, and said Northeasterly right of way line,through a central angle of 31°07'19" for an are distance of 986.06 feet;thence departing said curve, and said Northeasterly right of way line,run South 85°45'55"East for a distance of 956.82 feet to a point on the Southerly right of way line of State Road 434;thence continue South 85°45'55" East for a distance of 279.36 feet to a point on the Northerly right of way line of said State Road 434 and the POINT OF BEGINNING; thence departing said Southerly right of way line,run South 85°45'55" East for a distance of 242.50 feet;thence run South 04°13'03"West for a distance of 132.06 feet to a point on the aforesaid Northerly right of way line, said point also being a point on a curve,concave Northeasterly, having a radius of 2853.40 feet,a chord bearing of North 60°55'00"West and a chord distance of 112.65 feet;thence run Northwesterly along the arc of said curve,and said Northerly right of way line,through a central angle of 02°15'44"for an arc distance of 112.66 feet;thence departing said curve,run North 30°12'52"East, along said Northerly right of way line,for a distance of 10.00 feet to a point on a curve, concave Northeasterly,having a radius of 2843.40 feet,a chord bearing of North 58°08'24" West and a chord distance of 163.31 feet; thence run Northwesterly along the arc of said curve,and said Northerly right of way line,through a central angle of 03°17'29"for an arc distance of 163.34 feet to the POINT OF BEGINNING. 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