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HomeMy WebLinkAbout2017 08 14 Public Hearings 402 Ordinance 2017-17, First Reading, Metro Church Annexation COMMISSION AGENDA Informational Consent ITEM402 Public Hearings > Regular August 14, 2017KSBF Regular MeetingCity ManagerDepartment REQUEST: The Community Development Department requests the City Commission hold a Public Hearing to consider First Reading of Ordinance 201717, and a corresponding Annexation > Agreement, for the proposed annexation of one parcel of land comprising approximately 2.92 acres, located at 300 West S.R. 434 and currently owned by Metro Church of Christ, Inc. SYNOPSIS: The City received an application from Metro Church of Christ, Inc. for the voluntary annexation of one parcel totaling approximately 2.92 acres located at 300 West S.R. 434. Ordinance 201717 proposes the voluntary annexation of the subject property, and a > corresponding Annexation Agreement establishes terms for connections to City water and sewer systems. CONSIDERATIONS: Applicant: HT Real Estate Orlando, LLC > Property Owner: Metro Church of Christ, Inc. Property Location: 300 West State Road 434 (see Exhibit A Location Map) > Tax Parcel Number: 04213130001500000 >>>>> Public Hearings 402 PAGE OF August 14, 2017 14- Site Information: The 2.92 acre parcel is currently in unincorporated Seminole County and is zoned A1 (Agriculture) with a future land use designation of > Seminole County SE (Suburban Estates). The applicant has petitioned the City to change the future land use designation of the parcel to City of Winter Springs "Commercial" and to rezone the property to "C1 > Neighborhood Commercial." APPLICABLE LAW AND PUBLIC POLICY: Florida Statutes 163.2511163.3246: (Provides that land development regulations for >> municipal planning be consistent with the Comprehensive Plan) Florida Statute 166.041 Procedures for adoption of ordinances and resolutions >> Florida Statute 171.044 Voluntary Annexation >> Winter Springs Charter Section 2.03. Annexation procedure. > Winter Springs Charter Article IV. Governing Body. > Section 4.06. General powers and duties. > Section 4.15. Ordinances in General. > City of Winter Springs Comprehensive Plan. > City of Winter Springs Code of Ordinances. > ANNEXATION INFORMATION: Metro Church of Christ, Inc. is currently in the process of selling the subject parcel to Hobbs & Associates, Inc., a company that provides heating, ventilation, and air conditioning (HVAC) products and engineering services to commercial contractors in the southeastern United States. Hobbs & Associates is planning to use the subject parcel as a professional office and training facility for its engineering and sales staff. The requested annexation will allow the property to have access to City services, including water and sewer systems. The property is currently connected to City of Oviedo water and is on a septic system. Under the terms of the Annexation Agreement (Exhibit D), the owner will be required to connect to City of Winter Springs water and sewer facilities within 13 months of annexation. The surrounding area is generally characterized by singlefamily residential uses in the City > of Winter Springs and the City of Oviedo. The Ladybird Academy daycare is immediately east of the subject property and is in the City of Winter Springs. The northern and western sides of the subject property are the Barrington Estates subdivision within the City of Winter Springs. Access to the property is from an existing driveway on S.R. 434. The area on the south side of the property, across the street from S.R. 434, consists of singlefamily > residential subdivisions in the City of Oviedo. The annexation application was complete and the parcel does not create any enclaves. The subject property is contiguous with the Citys existing boundaries and is currently located > in an unincorporated area of Seminole County that is surrounded on three sides by properties in the City of Winter Springs. Public Hearings 402 PAGE OF August 14, 2017 24- The annexation request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. The City has capacity to provide the subject property with the same urban services provided to other areas of the City, including water and sewer. If the property is annexed, the applicants request for a Small Scale Comprehensive Plan > Amendment changing the Future Land Use to City of Winter Springs Commercial” and > the request for Rezoning to City of Winter Springs "Neighborhood Commercial (C1)" will > then be considered by the City Commission. In analyzing the annexation request, Staff determined that all statutory requirements related to voluntary annexation have been satisfied. Ordinance 201717 (Exhibit B) is for the > annexation of the property, and a corresponding Annexation Agreement (Exhibit D) establishes terms for connections to City water and sewer systems. Staff is requesting City Commission input on the Annexation Agreement as part of this agenda item. Final City Commission approval of the Annexation Agreement will be requested as part of Second Reading at the next City Commission meeting on September 11, 2017. The Planning and Zoning Board met on August 2, 2017 and voted unanimously to forward a recommendation of approval to the City Commission for Ordinance 201717. > FISCAL IMPACT: Based on the size and assessed value of the existing property, the annual tax revenue to the City is estimated to be $4,500. Future improvements to the property, in conjunction with Hobbs & Associates’ use of the land as a professional office, will likely increase the future annual tax revenue to the City. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the Citys Website, LaserFiche, and > the Citys Server. Additionally, portions of this Agenda Item are typed verbatim on the > respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the Citys Website, LaserFiche, and the Citys >> Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowners Associations/Representatives > on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Ordinance 201717 was advertised in the Orlando Sentinel on July 23, 2017 (see Exhibit C). > RECOMMENDATION: Staff recommends that the City Commission approve First Reading of Ordinance 201717. > Public Hearings 402 PAGE OF August 14, 2017 34- ATTACHMENTS: 1.Exhibit A Location Map (1 page) > 2.Exhibit B Ordinance 201717 (2 pages) >> 3.Exhibit C Orlando Sentinel Legal Advertisement, July 23, 2017 (1 page) > 4.Exhibit D Annexation Agreement (12 pages) > Public Hearings 402 PAGE OF August 14, 2017 44- EXHIBIT A - LOCATION MAP 300 W SR 434 Annexation 0 100 200 400 600 800 Feet w" E S EXHIBIT B ORDINANCE NO. 2017 -17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING ONE (1) PARCEL OF LAND COMPRISING APPROXIMATELY 2.92 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED AT 300 W SR 434, WINTER SPRINGS; SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND 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: 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 City of Winter Springs Ordinance No. 2017 -XX Page 1 of 2 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, Florida, in a regular meeting assembled on the day of 12017. 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 Legal Ad: First Reading: Second Legal Ad: Second Reading: Effective Date: Charles Lacey, Mayor City of Winter Springs Ordinance No. 2017 -XX Page 2 of 2 Jz I Orlando Sentinel Sunday, July 23,2017 EXHIBIT C E NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION PROPOSES TO CONSIDER THE FOLLOWING: ORDINANCE NO. 2017-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING ONE (1) PARCEL OF LAND COMPRISING APPROXIMATELY 2.92 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED AT 3DO W STATE ROAD 434, WINTER SPRINGS; SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND 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. ORDINANCE NO. 2017-18 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP FOR ONE (1) PARCEL OF REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS CONSISTING OF 2.92 TOTAL ACRES, MORE OR LESS, GENERALLY LOCATED AT 300 W STATE ROAD 434, WINTER SPRINGS, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; CHANGING THE FUTURE LAND USE MAP DESIGNATION ON THE PARCEL FROM SEMINOLE COUNTY "SUBURAN ESTATES" TO CITY OF WINTER SPRINGS "COMMERCIAL "; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE COMPREHENSIVE PLAN; SEVERABILITY, AND AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT. ORDINANCE NO. 2017-19 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 2.92 GROSS ACRES, MORE OR LESS, GENERALLY LOCATED AT 300 W STATE ROAD 434, WINTER SPRINGS, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; CHANGING THE ZONING DESIGNATION OF THE PARCEL FROM SEMINOLE COUNTY "A -1 AGRICULTURE DISTRICT" TO WINTER SPRINGS "C -1 NEIGHBORHOOD COMMERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. EXHIBIT A PLANNING 8 ZONING BOARD / LOCAL PLANNING AGENCY PUBLIC HEARING WILL BE HELD ON WEDNESDAY, AUGUST 2,2017 AT 5:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA CITY COMMISSION FIRST READING PUBLIC HEARING WILL BE HELD ON MONDAY, AUGUST 14,2017 AT 5:15 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA CITY COMMISSION SECOND READING PUBLIC HEARING WILL BE HELD ON MONDAY, SEPTEMBER 11, 2017 AT 5:15 P.M. OR SOON THEREAFTER IN THE 3 `7- COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinances and complete legal description by mates and bounds may be obtained by interested parties between 8 a.m. and -5 p.m., Monday through Friday, at the City's Clerk's Office, located at 1126 E. SR 434, Winter Springs, Florida. For more information, call (407) 327 -1800 #227. Persons with disabilities needing assistance to participate in any of these proceedings Should call (407) 327 -1800 #227, 48 hours in advance of the meeting. These are public hearings. Interested parties are advised that they may appear at the meetings and be heard with respect to the proposed ordinances. If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at these meetings, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. Prepared by and return to: Anthony A. Garganese, Esquire Garganese, Weiss, & D'Agresta, P.A. Post Office Box 2873 Orlando, Florida 32802 -2873 (407) 425 -9566 EXHIBIT D CITY OF WINTER SPRINGS ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is made this day of , 2017, by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation ( "City "), whose address is1126 East State Road 434, Winter Springs, Florida 32708, and METRO CHURCH OF CHRIST, INC., whose mailing address is 1491 E SR 434, Suite 101, Winter Springs, Florida 32708 ( "Owner "). RECITALS: WHEREAS, the City, acting by and through its City Commission, has under consideration a Petition by the Owner to annex its property located generally at 300 W State Road 434, Winter Springs, Florida 32708 ( "Property ") being more fully described in Exhibit "A," which is attached hereto and made a part hereof by reference, to the City of Winter Springs; and WHEREAS, the property is currently on a septic system and is served by City of Oviedo for water service; and WHEREAS, the parties hereto wish to set forth herein their respective 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 annex the Property without utilizing City water and sewer services; and 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 and 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 Date /Ter min ation.This Annexation Agreement shall become effective upon execution by both parties and shall remain in effect until either (a) the Owner abandons its attempts to annex the Property to the City prior to passage of the applicable ordinance effectuating the annexation and amending the boundaries of the City pursuant to the City of Winter Springs Charter ( "Ordinance "); (b) the City Commission declines to adopt the Ordinance; or (c) upon passage of the Ordinance, until sewer and /or water service provided by the City is permanently discontinued by the City. 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. Within 13 months of annexation into the City of Winter Springs, the Owner shall cause the Property to be fully disconnected from the City of Oviedo water service and the onsite septic system and shall connect to the City of Winter Springs water and sewer systems. The applicable City of Winter Springs water and sewer connection fees shall be paid at the time of connection. Unless otherwise agreed in writing by the City, this Annexation Agreement shall not be construed in any way whatsoever as requiring the City to install a sewer and /or water line and related appurtenances thereto which are necessary to connect Owner to the City's sewer and /or water system, to provide a method for such installation, or to pay 2 for all or any portion of such installation, to the extent that any such lines or related appurtenances are not already installed. It is the Owner's sole responsibility to install and pay for the connection to the City's sewer and /or water system, provided, however, the installation shall first be approved by the City subject to the City's sewer and /or water connection guidelines. Owner 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 Owner to connect to the City's sewer and /or water system. Owner agrees 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. Owner acknowledges and agrees that it has submitted a petition for annexation, titled "Application for Annexation and Subsequent Comprehensive Plan Amendment & Rezoning Petition," ( "Application ") and further hereby consents to the annexation of the Property by, and to, the City. The City's administrative and advertising costs of the annexation shall be borne by 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 3 Commission of the City of Winter Springs. A determination by the City that the Property is eligible for annexation shall be binding on the Owner. Owner hereby waives any right to object to, or appeal, the City's decision to annex the Property. Furthermore, Owner hereby agrees not to register any written or verbal opposition to the City's annexation of the Property. 5. 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 a future land use designation of Commercial and zoning district of C -1 Neighborhood Commercial, pursuant to the Owner's Application. 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 noway 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. It is understood and agreed that Owner will pay the fees, costs, or expenses that are customarily charged by the City on account of or in connection with the City's review and processing of the comprehensive plan and zoning map amendments for the Property; provided, however, that the City shall pay its own attorney's fees and consulting fees and staff time, as may be determined to be necessary by the City. 6. Owners' Representations and Warranties. Owner represents and warrants that Owner possesses fee simple title to the Property, that Owner has full power and authority to enter into this Annexation Agreement, that the undersigned is vested with full authority to execute this Annexation Agreement on behalf of the Owner, and that upon execution of this Annexation Agreement the same will be fully binding and enforceable according to its terms. 4 7. Recordation. The Owner agrees and consents 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 Owner. 8. 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. 9. Limitations of Remedies. The parties hereby agree not to pursue an award of monetary damages for a breach by or non - performance of the other party under this Agreement. The only remedies of the other party available against the non - performing party under this Agreement shall be either to withhold further performance under the Agreement until the non- performing party cures the non - performance, or to seek a court order from the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida requiring the non - performing party to fulfill its obligations under the Agreement. However, nothing in this Agreement shall be construed to limit the right of either party to pursue any and all available remedies if any, under non -tort or constitutional law relating to a party's non - performance under the Agreement so long as damages are not sought. The City will not waive sovereign immunity and does not waive sovereign immunity to any extent by reason of this Agreement, and in the event Owner seeks any relief against the City, the City may rely on any available defense arising out of its sovereign immunity. In the event a court order is issued declaring non - performance by either party, the non- performing party shall be required to reimburse the other party any actual and reasonable expenses incurred as a result of the breach (excluding attorney's fees and legal costs). 5 10. Development Permits. Nothing herein shall limit the City's authority to grant or properly deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and /or Federal permit, condition, term or restriction shall not relieve Owner or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if Owner is in breach of any term or conditions of this Agreement. 11. Attorneys' Fees. In the event of litigation arising out of or relating to this Annexation Agreement, each party shall bear their own attorney's fees and costs. 12. Counterparts. This Annexation Agreement may be executed in several counterparts and each counterpart shall constitute an original. 13. Headings. All headings in this Annexation Agreement are for convenience only and shall not be used to interpret or construe its provisions. 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 Owner. 0 16. Governing Law /Jurisdiction. 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 OWNER: 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 7 set forth herein may unilaterally change the name of the person to whom notice is to be given or the address at which notice is to be received. 18. Drafting. City and Owner each represent that they have both shared equally in drafting this Annexation Agreement and no party shall be favored or disfavored regarding the interpretation of this Annexation Agreement in the event of a dispute between the parties. 19. Sovereign 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 Print Name: Print Name: STATE OF FLORIDA COUNTY OF SEMINOLE J. Douglas Meyers I hereby certify that the foregoing instrument was acknowledged before me this day of 12017, by J. Douglas Meyers, as Executive Minister of Metro Church of Christ, Inc., ❑ who is personally known to me, or ❑ who has produced as identification. ATTEST: FLORIDA: ANDREA LORENZO - LUACES City Clerk STATE OF FLORIDA COUNTY OF SEMINOLE NOTARY PUBLIC CITY OF WINTER By: SPRINGS, CHARLES LACEY, Mayor I hereby certify that the foregoing instrument was acknowledged before me this day of 2017, by CHARLES LACEY, Mayor of the City of Winter Springs, ❑ who is personally known to me. NOTARY PUBLIC 0 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY 10 Sketch of Description Sheet 1 of Legal Description: LEGAL DESCRIPTION: EXHIBIT E THE WEST 425 FEET OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, RUN S 00 029'58" E ALONG THE EAST LINE OF SAID SECTION 4, A DISTANCE OF 2473.42 FEET TO THE EAST a CORNER OF SAID SECTION 4; THENCE DEPARTING SAID EAST LINE RUN S 89 051'53" W, ALONG THE SOUTH LINE OF THE NORTH 2 OF SAID SECTION 4, A DISTANCE OF 25.00 FEET; THENCE DEPARTING SAID SOUTH LINE, RUN S 00 021'31" EAST, A DISTANCE OF 25.00'; THENCE N 89 051'53" E, A DISTANCE OF 25.00' TO A POINT ON THE EAST LINE OF THE SOUTHEAST a OF SAID SECTION 4,SAID LINE ALSO BEING THE SOUTH LINE OF THE PLAT OF BARRINGTON ESTATES AS RECORDED IN PLAT BOOK 62, PAGES 77 -80 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FL; THENCE S 00 021'31" E, ALONG SAID EAST LINE, A DISTANCE OF 306.84 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH z OF THE NORTHEAST a OF THE NORTHEAST 4, OF THE SOUTHEAST a OF SECTION 4; THENCE DEPARTING SAID EAST LINE RUN S 89 050'14" W, ALONG SAID SOUTH LINE, A DISTANCE OF 236.88 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREIN; FROM THE POINT OF BEGINNING; DEPARTING SAID SOUTH LINE RUN S 00 002'01" E, A DISTANCE OF 299.51 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF WEST STATE ROAD 434, AS NOW ESTABLISHED; THENCE ALONG SAID NORTH RIGHT -OF -WAY LINE, S 89 032'38" W, A DISTANCE OF 289.24 FEET; THENCE CONTINUING ALONG SAID NORTH RIGHT -OF -WAY LINE, S 89 051'01" W, A DISTANCE OF 135.77 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF AFORESAID PLAT OF BARRINGTON ESTATES; THENCE DEPARTING SAID NORTH RIGHT -OF -WAY LINE AND ALONG SAID EAST LINE, RUNG N 00 002'02" W, A DISTANCE OF 300.96 FEET; THENCE RUN ALONG THE AFORESAID SOUTH LINE OF THE PLAT OF BARRINGTON ESTATES N 89 °50'14" E, A DISTANCE OF 425.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED. SAID LAND CONTAINING 127,705 SQUARE FEET OR 2.93 ACRES MORE OR LESS. This is NOT a Survey. This is ONLY a Sketch. ISketch of Description Prepared For: HT Real Estate - Orlando, LLC I ketch Date: Drawn B HT Real Estate - Orlando, LLC roperty IS NU I In a Flood crone Area, Lone - X ", t5ased on the F.LK,IVI. (Flood Insurance Kate Map) Community Number 12117C Panel Number 0180 F Dated 09- 28 -07. Zone Determination Shown Hereon is Given as a Courtesy, and is Subject to Final Approval by F.E.M. A. )etermination may be affected by Flood Factors and /or other information NEITHER known by NOR given s Surveying Company at the time of this Endeavor. Ireland & Associates urveying, Inc. andT —Sign! ng Ireland k Associates e Surveying, Inco 1301 S. International Parkway Suite 2001 Lake Mary, Florida 32746 www.irelandsurveying.com Office - 407.678.3366 Fax - 407.320.8165 >Sketch is Based upon the Legal Description Supplied by Client. >Abutting Properties Deeds have NOT been Researched for Gaps, Overlaps and /or Hiatus. >Subject to any Easements and /or Restrictions of Record. >Bearing Basis shown hereon, is Assumed and Based upon the Line Denoted with a "BB ". >Building Ties are NOT to be used to reconstruct Property Lines. > Fence Ownership is NOT determined. >Roof Overhangs, Underground Utilities and /or Footers have NOT been located UNLESS otherwise noted. >Septic Tanks and /or Drainfield locations are approximate and MUST be verified by appropriate Utility Location Companies. >Use of This Sketch for Purposes other than Intended, Without Written Verification, Will be at the User's Sole Risk and Without Liability to the Surveyor. Nothing Hereon shall be Construed to Give ANY Rights or Benefits to Anyone Other than those Certified. I hereby Certify that this Sketch of Description of the above Described Property is True and Correct to the Best of my Knowledge and Belief as recently Surveyed under my Direction on the Date Shown, Based on Information furnished to Me as Noted and Conforms to the Standards of Practice for Land Surveying in the State of Florida in accordance with Chapter 5J- 17.052 Florida Administrative Codes, Purs &tion 4AO27 Florida Statutes. FOR Patrick K. Ire d. <oRio P 6637 LB 7623 osuw� Date Signed: 7 /19/17 This Sketch is intended ONLY for the use of Said Certified Parties. This Sketch NOT VALID UNLESS Signed and Embossed with Surveyor's Seal. File No. IS -37358 CADD File: \ 7\ IrelandAssociates \IS- 37358SOD.d -,j - Calculated PC - Point of Curvature - Centerline Pg. - Page .,B - Concrete Block PI - Point of Intersection CM - Concrete Monument P.O.B.- Point of Beginning Conc. Concrete P.O.L.- Point on Line D - Description PP - Power Pole DE - Drainage Easement FIRM - Permanent Reference Esmt. - Easement Monument F.E.M.A. - Federal Emergency PT - Point of Tangency Management Agency R - Radius FFE - Finished Floor Elevation Rad. - Radial Fnd. - Found R &C - Rebar & Cap IP - Iron Pipe Rec. - Recovered L - Length (Arc) Rfd. - Roofed M - Measured Set - Set %" Rebar & N &D - Nail & Disk Rebar Cap "LB 7623" N.R. - Non - Radial Typ. - Typical DRB - Official Records Book UE - Utility Easement P - Plat WM - Water Meter P.B. - Plat Book D -Delta (Central Angle) o- - Wood Fence -X- - Chain Link Fence I hereby Certify that this Sketch of Description of the above Described Property is True and Correct to the Best of my Knowledge and Belief as recently Surveyed under my Direction on the Date Shown, Based on Information furnished to Me as Noted and Conforms to the Standards of Practice for Land Surveying in the State of Florida in accordance with Chapter 5J- 17.052 Florida Administrative Codes, Purs &tion 4AO27 Florida Statutes. FOR Patrick K. Ire d. <oRio P 6637 LB 7623 osuw� Date Signed: 7 /19/17 This Sketch is intended ONLY for the use of Said Certified Parties. This Sketch NOT VALID UNLESS Signed and Embossed with Surveyor's Seal. File No. IS -37358 CADD File: \ 7\ IrelandAssociates \IS- 37358SOD.d -,j Sketch of Description Sheet 2 of 2 Point of Commencement NE Carney Section 4 -21 -31 also NE Corner of Plat N t of Barrington Estates m d Plat Book 62, Pages 77 -80 owlW_ q-553 W E Not t(5 Scale Point of m Beginning m Barrington Estates Parcel IDii Plat Book 62, Pages 77 -80 04- 21 -31- 300 - 0150 -0000 _ N 89 "50'14" E 425.00' S line of Barrington Estates w S line of N 112 NE 1l4 NE 114 BE 114 Section 4-21 -31 N 89 "50'14" E 236.e8' an I I a I S } of NE 1 of NE 1 of SE 1 Sec 4 -21 J1 I I Parcel ID# 1. 04- 21 -31- 300 - 0150 -0000 cq w Z Parcel ID# W 425'of S} of ME l of ME l of SE 17 Sec 4 -21J1 °0 04- 21- 31- 300 -015A -0000 da I N Right -of -Way line of )Neat State Road 434 S 89 °51'01 "W 135.77 — — — — — — — — — — `Additional Right of (Per 766) \\ Record Book 2766, fi, P Page 27fifi) \Right of Way Per Plat of Oviedo Road Right of Way Per FDOT Maintenance Map (Plat Book 6, Pages 74 8 75) (Section 77070, Pages 15 -19, Dated 03/16/1989) West State Road 434 (AKA: State Roatl 41 9) Ireland k Associates Surveying, Inc. 1301 S. International Parkway Suite 2001 Lake Mary, Florida 32746 www.irelandsurveying.com Office- 407.678.3366 Fax - 407.320.8165 I Y This is NOT a Survey. This is ONLY a Sketch