Tax Identification Parcel Number

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1 ORDINANCE NO AN ORDINANCE OF THE CITY OF OVIEDO, FLORIDA, ANNEXING BY VOLUNTARY PETITION CERTAIN REAL PROPERTY APPROXIMATELY EIGHTEEN POINT TWO ONE (18.21) ACRES IN SIZE AND GENERALLY LOCATED ON THE SOUTH SIDE OF MITCHELL HAMMOCK ROAD APPROXIMATELY 300 FEET EAST OF STATE ROAD 426 LOCATED CONTIGUOUS TO THE CITY OF OVIEDO IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION , FLORIDA STATUTES; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID PROPERTY; PROVIDING FOR FINDINGS; PROVIDING FOR CONDITIONS; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT, WITH THE CHIEF ADMINISTRATIVE OFFICE OF SEMINOLE COUNTY AND WITH THE DEPARTMENT OF STATE; PROVIDING FOR LEGAL DESCRIPTION AND A MAP; PROVIDING FOR A SAVINGS PROVISION, RATIFICATION OF ACTS AND ACKNOWLEDGMENT OF INCLUSION OF LANDS WITHIN CITY MUNICIPAL BOUNDARIES WITH SEMINOLE COUNTY TO CONTINUE CERTAIN PERMITTING AND RELATED ACTIVITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR NON-CODIFICATION AND THE TAKING OF ADMINISTRATIVE ACTIONS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the following applicant for annexation of property into the City of Oviedo and is hereby determined to be the authorized agent of property owners of the real property described below: Oviedo Point Investors LLC, a Florida limited liability company, whose address is 630 South Maitland Avenue, Suite 100, Maitland, Florida 32751; and WHEREAS, the said applicant petitioned the City of Oviedo, pursuant to Section , Florida Statutes, for annexation of said property into the municipal limits of the City of Oviedo; and WHEREAS, the applicant is the owner of all of said property being described by Tax Identification Parcel Number as follows: Tax Identification Parcel Number CA B CA Owner Oviedo Point Investors LLC Oviedo Point Investors LLC ; provided, however, that these parcels were reconfigured at the Seminole County Property Appraisers as tax parcel identification numbers: A and ; and

2 WHEREAS, the abovementioned property was subject of the Oviedo Point Pre-Annexation Agreement adopted by City Council on June 15, 2015, with Resolution No all of which were recorded at Official Records Book 8507, Pages 832 through 850 of the Public Records of Seminole County, Florida; and WHEREAS, the Oviedo Point Pre-Annexation Agreement states, in pertinent part, that Within two (2) years from the execution of this Agreement or at such time as the Certificates of Occupancy are issued by Seminole County for Buildings A and B in Exhibit E (or as soon as practicable thereafter as determined by the mutual agreement of the building officials of the City and the County, provided such time period shall not exceed thirty (30) days after the issuance of both Certificates of Occupancy), whichever date occurs first, the City shall annex the Property in accordance with Section , Florida Statutes. ; and WHEREAS, the correct time has occurred relative to the annexation of the properties which are the subject of the Pre-Annexation Agreement; and WHEREAS, The Pre-Annexation Agreement refers to the property as tax parcel identification number: CA B and CA These parcels were reconfigured at the Seminole County Property Appraisers and the new Tax Identification Parcel Numbers and associated addresses are as follows: ; and Tax Identification Parcel Number Address West Mitchell Hammock Road A 960 West Mitchell Hammock Road WHEREAS, City staff has reviewed and recommended approval of the annexation of said property to the City Council of the City of Oviedo and has accomplished all actions required under the Oviedo Point Pre-Annexation Agreement, Code of Ordinances of the City of Oviedo and State law; provided, however, that not all provisions and obligations of the subject property owner under the Pre-Annexation Agreement have been adhered to and that non-adherence is addressed herein; and WHEREAS, the City Council, upon the recommendation of City staff and the City Attorney, has determined that all of the property which is proposed to be annexed into the City of Oviedo is within an unincorporated area of Seminole County, is reasonably compact and contiguous to the corporate areas of the City and it is further determined that the annexation of said property will not result in the creation of any enclave, and it is further determined that the property otherwise fully complies with the requirements of State law; and WHEREAS, the City has taken all actions in accordance with the requirements and procedures mandated by State law; and WHEREAS, the City Council hereby determines that it is to the advantage of the City and in the best interests of the citizens of the City to annex the aforedescribed property; and Page 2

3 WHEREAS, the provisions of Section (3), Florida Statutes, provide that [a] municipality may, by ordinance and without referendum, redefine its boundaries to include only those lands previously annexed and shall file said redefinition with the Department of State pursuant to the provisions of subsection (2); and WHEREAS, the provisions of Section , Florida Statutes, provide as follows: Recording. Any change in the municipal boundaries through annexation or contraction shall revise the charter boundary article and shall be filed as a revision of the charter with the Department of State within 30 days. A copy of such revision must be submitted to the Office of Economic and Demographic Research along with a statement specifying the population census effect and the affected land area; and WHEREAS, the map and the legal description attached hereto as Exhibit A shows and describes and Exhibit B depicts the properties which are hereby annexed into the City. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF OVIEDO, FLORIDA, AS FOLLOWS SECTION 1. LEGISLATIVE AND ADMINISTRATIVE FINDINGS/ANNEXATION OF PROPERTIES. (a). The recitals set forth above in the whereas clauses are hereby adopted as legislative findings of the City Council. (b). The property that is the subject of this Ordinance consists of the following parcel of land assigned the Tax Identification Parcel Numbers set forth above and being specifically described as set forth below, together with all abutting right-of-way, said property being situated in Seminole County, Florida, and said property is hereby annexed into and are hereby made a part, pursuant to the voluntary annexation provisions of Section , Florida Statutes and as described in Exhibit "A" and as depicted in Exhibit "B" together with all abutting right-of-way that is not currently located within the City Limits of the City. SECTION 2. EFFECT OF ANNEXATION. (a). Upon this Ordinance becoming effective, the property owners of the said property shall be entitled to all the rights and privileges and immunities as are from time-to-time granted to property owners of the City as further provided in Chapter 171, Florida Statutes, and shall further be subject to the responsibilities of ownership as may from time-to-time be determined by the governing authority of the City and the provisions of said Chapter 171, Florida Statutes. (b). Notwithstanding the provisions of Subsection (a) of this Section; the Government of Seminole County, through its Building Official and associated departments shall continue the building permitting and inspection processes relating to the existing buildings located on the annexed Page 3

4 properties through to completion, meaning the issuance of a certificate of occupancy or a certificate of completion. Similarly, the Government of Seminole County, through its engineering inspections processes shall continue to completion. In addition, the Government of Seminole County, through its fire inspections processes shall continue to completion. There are 2 buildings (Building A which is 7,650 square feet in size and Building B which is 8,640 square feet in size) which are located at and addressed as 976 West Mitchell Hammock Road and an additional building (a Dairy Queen development which is 2,612 square feet in size) which is located at and addressed as 960 West Mitchell Hammock Road. After the certificates of occupancy and/or certificates of completion are issued for the aforementioned buildings, all future permitting for any buildings on the property shall be the responsibility of the City. Platting shall be accomplished under the provisions of Chapter 177, Florida Statutes. (c). Section , Florida Statutes, relates to the legal effects of annexations or contractions and Subsection (2) provides as follows: If the area annexed was subject to a county land use plan and county zoning or subdivision regulations, these regulations remain in full force and effect until the municipality adopts a comprehensive plan amendment that includes the annexed area. Accordingly, the uses allowed in Seminole County will be allowed in the City and, upon the City incorporating the subject property into the City's Comprehensive Plan and the City's Land Development Code; the goals, policies and objectives of the City's Comprehensive Plan and the land development regulations set forth in the City's Land Development Code will apply. (d). With regard to the fact that the owner of the subject properties are in non-adherence to the terms and conditions of the Pre Annexation Agreement, the subject property shall be processed administratively relative to necessary amendments for the City's Comprehensive Plan (land use designation assignment) and the City's Land Development Code (zoning assignment); provided, however. that, the City Manager, or designee, shall administratively assess the property owner all application fees, charges and expenses for all required process all necessary public hearings and actions as are required to be accomplished. These fees, charges and expenses may be added to any bill directed to the property owners and set off against any payment to the City made by the property owners. SECTION 3. ADMINISTRATIVE ACTIONS. (a). Within seven (7) days of the adoption of this Ordinance, the City Clerk shall file a copy of said Ordinance with the Clerk of the Court (Land Records/Recording), with the Chief Administrative Officer of Seminole County (the County Manager), with the Florida Department of State, and with such other agencies and entities as may be required by law or otherwise desirable. (b). The City Manager, or designees within City management staff, shall ensure that the property annexed by this Ordinance is incorporated into the City of Oviedo Comprehensive Plan and the Official Zoning Map of the City in an expeditious manner. Page 4

5 (c). In accordance with prior practices of the City, this Ordinance shall be recorded in the Official Records of Seminole County, Florida (as determined by the City). SECTION 4. SAVINGS PROVISION; RATIFICATION AND ACKNOWLEDGMENT OF INCLUSION IN CITY BOUNDARIES. Any and all actions taken by the City of Oviedo relative to its municipal boundaries, mapping of its municipal boundaries, enforcement of codes and ordinances within its municipal boundaries, the exercise of land use actions within its municipal boundaries, and any all relates matters and actions of whatsoever nature relative to the municipal boundaries of the City are hereby ratified and affirmed. SECTION 5. CONFLICTS. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. SECTION 6. SEVERABILITY. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise to be invalid, unlawful, or unconstitutional. SECTION 7. CODIFICATION. The provisions of this Ordinance shall not be codified, but the annexed property shall be incorporated and included in all appropriate maps of the City Limits of the City by the City Manager, or designee(s), and the City Manager, or designee(s), is/are hereby directed to take any and all appropriate actions relative to the land use planning documents of the City pertaining to the property annexed pursuant to this Ordinance. SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its enactment. FIRST READING: SECOND READING: July 17, 2017 August 7, 2017 PASSED AND ADOPTED this day of, ATTEST: DOMINIC PERSAMPIERE MAYOR of the City of Oviedo, Florida BARBARA J. BARBOUR CITY CLERK Page 5

6 Exhibit A PARCEL A: PT OF LOT 1 DESC AS FROM NE COR RUN NWLY ALONG R/W FT S 03 DEG 32 MIN W 13 FT TO POB RUN S 03 DEG 32 MIN W 44.5 FT S 86 DEG 35 MIN 13 SEC E FT S FT W FT N FT NELY ALONG CURVE FT TO BEG OVIEDO POINT PB 81 PGS PARCEL : LOT 1 (LESS FROM NE COR RUN NWLY ALONG R/W FT S 03 DEG 32 MIN W 13 FT TO POB RUN S 03 DEG 32 MIN W 44.5 FT S 86 DEG 35 MIN 13 SEC E FT S FT W FT N FT NELY ALONG CURVE FT TO BEG) OVIEDO POINT PB 81 PGS TOGETHER WILL ALL ABUTTING RIGHTS-OF-WAY. Page 6

7 Exhibit B -MAP Page 7