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HomeMy Public PortalAboutOrdinance 1909 North Ferdon & Third Ave AnnexationE od Amended Only to Correct Scrivener's Error in Legal Description Eft z 5 AN ORDINANCE ANNEXING TO THE CITY OF CRESTVIEW, < ° FLORIDA, ± 0.37 ACRES OF CONTIGUOUS LANDS LOCATED IN u- rx SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, AND BEING N N S 8 o DESCRIBED AS SET FORTH HEREIN; PROVIDING FOR a 1,4 0 2 AUTHORITY; PROVIDING FOR LAND DESCRIPTION; PROVIDING w } FOR BOUNDARY; PROVIDING FOR LAND USE AND ZONING Y 0 Z DESIGNATION; PROVIDING FOR AMENDMENT TO THE BASE, m W 0 ° LAND USE AND ZONING MAPS; PROVIDING FOR A a s ,�- ° o COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR FILING o WITH THE CLERK OF CIRCUIT COURT OF OKALOOSA COUNTY, a Et a o THE CHIEF ADMINISTRATIVE OFFICER OF OKALOOSA COUNTY AND THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. **CORRECTED** ORDINANCE: 1909 BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1— AUTHORITY. The authority for enactment of this ordinance is Chapter 171, Florida Statutes, and Section 2 of the City Charter. SECTION 2 — LAND DESCRIPTION. The following described unincorporated area contiguous to the City of Crestview, Florida, is hereby annexed to the City: PIN # 04-3N-23-1840-0004-0080 (Deed recorded in Book 3571, page 2182, dated August 31, 2021) Lots 8 and 9, Block 4, Oakdale Miniature Farms, according to the plat thereof on file in Plat Book 1, Page(s) 129 in the Office of the Clerk of Circuit Court, Okaloosa County, Florida. AND The eastern half of a vacated alley abutting Lots 8 and 9, Block 4, Oakdale Miniature Farms, as described in Okaloosa County Resolution Book 6B, Page 624. SECTION 3 — BOUNDARY. The existing boundary line of the City of Crestview, Florida, is modified to include the herein referenced tract of land and the base, zoning and land use maps shall be updated to reflect these changes pursuant to law. SECTION 4 — LAND USE AND ZONING. Pursuant to general law, the property hereby annexed was subject to Okaloosa County land development, land use plan, and zoning or subdivision regulations, which shall remain in full force and effect until rezoning and land use changes are finalized by the City in compliance with the Comprehensive Plan. SECTION 5 — COMPREHENSIVE PLAN UPDATE. Pursuant to Chapter 163.011, et seq. petitioner for annexation shall apply through the City for a Comprehensive Plan change which will designate the future land use category for the parcel, with a zoning designation to be assigned and run concurrent with the approval and adoption of the Comprehensive Plan amendment by the proper authorities. SECTION 6 — MAP UPDATE. The Base, Zoning and Future Land Use Maps shall be updated at the earliest possible date. SECTION 7 — FILING. Upon passage, the City Clerk is directed to file a copy of this ordinance with the Clerk of Circuit Court of Okaloosa County and with the Florida Department of the State. SECTION 8 — SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 9 — SCRIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 10 — ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 11 — REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 12 — EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. CERTIFICATION OF CORRECTED COPY: I HEREBY CERTIFY THE FOREGOING ORDINANCE WAS PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA ON THE 12TH DAY OF DECEMBER, 2022 AND THAT SUBSEQUENT THERETO A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION OF THE SUBJECT PARCEL WAS DISCOVERED, AND SUCH LEGAL DESCRIPTION HAS BEEN CORRECTED IN THIS CORRECTED ORDINANCE (AS AUTHORIZED BY ORDINANCE 1909) AND NO OTHER CHANGES TO ORDINANCE 1909 HAVE BEEN MADE HEREIN. DATE: lI/ TIM BOLDUC CITY MANAGER Inst. #3598885 Bk: 3657 Pg: 311 Page 1 of 4 Recorded: 1/3/2023 11:39 AM RECORDING ARTICLE V: $16.00 RECORDING: $19.50 DEPUTY CLERK fivy JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA CLERK'S CERTIFICATE STATE OF FLORIDA ) COUNTY OF OKALOOSA ) ss CITY OF CRESTVIEW ) I, Maryanne Schrader, City Clerk for said City of Crestview, duly appointed, qualified, and acting, and keeper of the records and seals thereof, do hereby certify the attached to be a true, complete, and correct copy of Ordinance 1909 duly passed by the City Council of the City of Crestview at a Regular meeting of said City Council on the 12th day of December 2022, as the said matter appears on file and of record in this office. I do further certify that prior to the execution of this certificate by me, the said Ordinance has been spread at length upon the permanent records of said City, where it now appears and remains in the book of Ordinances of the City kept by myself, a book labeled Ordinances. IN WITNESS WHEREOF, I have hereunto set my hand and seal of said City at my office in the City of Crestview, Florida, this 16th day of December 2022. (SEAL) � •I M. annz Sc'► ader, MMC, MA e,,o,ik.. STvi, •, City Clerk ; go�►TF'"'••, •, City of Crestview = . s� Okaloosa County, Florida i' S1:c'• a • ,�� s,PANIZEO ,.` ORDINANCE: 1909 AN ORDINANCE ANNEXING TO THE CITY OF CRESTVIEW, FLORIDA, ± 0.37 ACRES OF CONTIGUOUS LANDS LOCATED IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, AND BEING DESCRIBED AS SET FORTH HEREIN; PROVIDING FOR AUTHORITY; PROVIDING FOR LAND DESCRIPTION; PROVIDING FOR BOUNDARY; PROVIDING FOR LAND USE AND ZONING DESIGNATION; PROVIDING FOR AMENDMENT TO THE BASE, LAND USE AND ZONING MAPS; PROVIDING FOR A COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR FILING WITH THE CLERK OF CIRCUIT COURT OF OKALOOSA COUNTY, THE CHIEF ADMINISTRATIVE OFFICER OF OKALOOSA COUNTY AND THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1 — AUTHORITY. The authority for enactment of this ordinance is Chapter 171, Florida Statutes, and Section 2 of the City Charter. SECTION 2 — LAND DESCRIPTION. The following described unincorporated area contiguous to the City of Crestview, Florida, is hereby annexed to the City: PIN # 04-3N-23-1840-0004-0080 (Deed recorded in Book 3571, page 2182, dated August 31, 2021) Lots 8 and 9, Block 4, Oakdale Miniature Farms, according to the plat thereof on file in Plat Book 1, Page(s) 129 in the Office of the Clerk of Circuit Court, Okaloosa County, Florida. SECTION 3 — BOUNDARY. The existing boundary line of the City of Crestview, Florida, is modified to include the herein referenced tract of land and the base, zoning and land use maps shall be updated to reflect these changes pursuant to law. SECTION 4 — LAND USE AND ZONING. Pursuant to general law, the property hereby annexed was subject to Okaloosa County land development, land use plan, and zoning or subdivision regulations, which shall remain in full force and effect until rezoning and land use changes are finalized by the City in compliance with the Comprehensive Plan. SECTION 5 — COMPREHENSIVE PLAN UPDATE. Pursuant to Chapter 163.011, et seq. petitioner for annexation shall apply through the City for a Comprehensive Plan change which will designate the future land use category for the parcel, with a zoning designation to be assigned and run concurrent with the approval and adoption of the Comprehensive Plan amendment by the proper authorities. SECTION 6 — MAP UPDATE. The Base, Zoning and Future Land Use Maps shall be updated at the earliest possible date. SECTION 7 — FILING. Upon passage, the City Clerk is directed to file a copy of this ordinance with the Clerk of Circuit Court of Okaloosa County and with the Florida Department of the State. SECTION 8 — SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 9 — SCRIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 10 — ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 11 — REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 12 — EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. Passed and adopted on second reading by the City Council of Crestview, Florida on the 12th day of December, 2022. Approved by this 12th day of December, 2022. Mayor'' o--Vskyv\. ATTEST: Mary City Clerk der Fk�-*)t . GRESTi,•,_ co GARDEN ST 6111.1 . . N FERDON BLVD INDUSTRIAL DR CLERK'S CERTIFICATE STATE OF FLORIDA COUNTY OF OKALOOSA CITY OF CRESTVIEW ) ss Inst. #3598885 Bk: 3657 Pg: 311 Page 1 of 4 Recorded: 1/3/2023 11:39 AM RECORDING ARTICLE V: $16.00 RECORDING: $19.50 DEPUTY CLERK fivy JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA I, Maryanne Schrader, City Clerk for said City of Crestview, duly appointed, qualified, and acting, and keeper of the records and seals thereof, do hereby certify the attached to be a true, complete, and correct copy of Ordinance 1909 duly passed by the City Council of the City of Crestview at a Regular meeting of said City Council on the 12th day of December 2022, as the said matter appears on file and of record in this office. I do further certify that prior to the execution of this certificate by me, the said Ordinance has been spread at length upon the permanent records of said City, where it now appears and remains in the book of Ordinances of the City kept by myself, a book labeled Ordinances. IN WITNESS WHEREOF, I have hereunto set my hand and seal of said City at my office in the City of Crestview, Florida, this 16th day of December 2022. (SEAL) Mai'yann ader, MMC, MA City Clerk City of Crestview Okaloosa County, Florida