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HomeMy WebLinkAboutOrdinance - City Council - Regular - 4057 - 8/18/2025INSTR# 2025'l4, Pages 7 DocType: GOV, Recorded: 8/19/2025 at 8:46 AM Kevin C. Karnes, Lee County Clerk of the Court & Comptroller Rec Fees: $61.00 Deputy Clerk LAMBROSIO #1 ORDINANCE NO. 4057 AN ORDINANCE To be entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, DECLARING THE INTENTION OF THE CITY OF FORT MYERS, FLORIDA, TO CHANGE ITS TERRITORIAL LIMITS BY THE VOLUNTARY ANNEXATION OF UNINCORPORATED TRACTS OF LAND CONSISTING OF 32.06 ACRES, MORE OR LESS, LYING CONTIGUOUS TO THE BOUNDARY LIMITS OF THE CITY LOCATED WEST OF TREELINE AVENUE, NORTH OF DANIELS PARKWAY (FOLIO NUMBERS 10259564 AND 10510570), FORT MYERS, FLORIDA; AND FINDING THAT THE CONDITIONS OF CHAPTER 171, FLORIDA STATUTES, EXIST FOR ANNEXATION OF SAID TRACTS OF LAND; AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, that: SECTION 1. (a) The City Council of the City of Fort Myers, Florida, hereby declares its intention to change the territorial limits of the City by annexation of the following described lands as hereinafter indicated. (b) The tracts of land which City Council proposes to annex the area referred to as Arborwood Annexation, and make a part of the territory of said City are described in Exhibit "A": SECTION 2. The City of Fort Myers, Florida, the owner of real property of the unincorporated area described herein, hereby petitions for annexation. SECTION 3. The City Council hereby finds that: Said tracts of land are contiguous to the present boundary or territorial 1 ORDINANCE NO. 4057 limits of the City; and that when annexed, it will constitute a reasonably compact addition to the incorporated territory with which it is combined. Said property is currently vacant. The annexation will allow for uniformity in municipal boundaries which enables more cost-effective provision of services and facilities by reducing duplication of services. SECTION 4. The proposed extension of territorial limits of said City by the annexation of said described tract of land is pursuant to the provisions of Chapter 171, Florida Statutes, and does not create an enclave. Qualified objectors may object to such annexation within the time and manner provided by said Statute. SECTION 5. The property hereby annexed is shown on the legal description attached hereto as Exhibit "A" and location map Exhibit "B". SECTION 6. The City of Fort Myers Fire Departmci_t is electing to assume all fire and rescue service responsibilities for the annexed land indicated in this ordinance consisting of 32.06 acres, more or less. Presently, all fire and rescue services are provided by South Trail Fire and Rescue District to this area. The City of Fort Myers will negotiate with South Trail Fire and Rescue District to enter an interlocal agreement for orderly transition of services. If agreement is not reached, transition of fire and rescue services shall be in accordance with procedures enumerated in Florida Statue 171.093(4)(a); SECTION 7. City Council directed that this ordinance be published in The News -Press once a week for two (2) consecutive weeks prior to the public hearing. SECTION 8. A public hearing has been held at a meeting of the City Council of Fort Myers, Lee County, Florida on August 18, 2025. 2 ORDINANCE NO. 4057 SECTION 9. The City Clerk is hereby directed to file a copy of this ordinance with the Clerk of the Circuit Court of Lee County, Florida, the chief administrative officer of Lee County and the Department of State within seven (7) days after the adoption of the ordinance. SECTION 10. The City Clerk is hereby directed to record this ordinance in the Public Records of Lee County, Florida. SECTION 11. This ordinance shall take effect immediately upon adoption. PASSED IN PUBLIC SESSION of the City Council of the City of Fort Myers, Florida, on August 18, 2025. 3 ORDINANCE NO. 4057 Exhibit A Legal Description DESCRIPTION: ALL OF THOSE LANDS DESCRIBED AS "ARBORWOOD SOUTH PRESERVE" AND A PORTION OF THE "LAKE, BUFFER AND OPEN SPACE TRACT" , AKA "ARBORWOOD ROSS LAKE", EACH AS DESCRIBED IN OFFICIAL RECORD BOOK 4846, PAGE 4109, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, AND A PORTION OF TREELINE AVENUE; LESS THOSE LANDS DESCRIBED IN INSTRUMENT NUMBER 2014000141215, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 23; THENCE N88° 10' 10"E ALONG THE NORTH LINE OF SAID SECTION 23 FOR A DISTANCE OF 1,429.71 FEET TO THE EAST RIGHT OF WAY LINE OF TREELINE AVENUE PER OFFICIAL RECORD BOOK 4708, PAGE 2150 OF SAID PUBLIC RECORDS; THENCE ALONG SAID EAST RIGHT OF WAY FOR THE FOLLOWING FIVE (5) CALLS: 1) S01°04'28"E, A DISTANCE OF 1.01 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,273.50 FEET AND CENTRAL ANGLE OF 01°49'49"; BEING SUBTENDED BY A CHORD BEARING S00°09'33"E FOR 40.68 FEET; 2) THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT FOR 40.68 FEET; 3) THENCE S14°10'26"W, A DISTANCE OF 51.72 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,262.50 FEET AND CENTRAL ANGLE OF 10°26'43"; BEING SUBTENDED BY A CHORD BEARING S08° 15'44"W FOR 229.84 FEET; 4) THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT FOR 230.16 FEET; 5) THENCE S13°29'05"W FOR 111.67 FEET; THENCE LEAVING SAID EAST RIGHT OF WAY N77° 1306W, A DISTANCE OF 337.53 FEET TO THE NORTHEAST CORNER OF THE LANDS DESCRIBED IN INSTRUMENT NUMBER 2014000141215, PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE CONTINUE N77° 13'06"W ALONG THE NORTH LINE OF SAID LANDS FOR 17.49 FEET TO THE NORTHWEST CORNER OF SAID LANDS; THENCE ALONG THE WEST LINE OF SAID LANDS FOR THE FOLLOWING ELEVEN (11) CALLS: 1) S 13°29'05"W A DISTANCE OF 290.73 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1,492.50 FEET AND A CENTRAL ANGLE OF 04°01'59"; BEING SUBTENDED BY A CHORD BEARING S11°28'06"W FOR 105.04 FEET; 2) THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT FOR 105.06 FEET; 3) S09°27'06"W A DISTANCE OF 163.93 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 57°3120"; BEING SUBTENDED BY A CHORD BEARING S38°12'42"W FOR 192.46 FEET; 4) THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT FOR 200.79 FEET; 5) $66°58'22"W A DISTANCE OF 46.99 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 38°57'40"; BEING SUBTENDED BY A CHORD BEARING S47°29'40"W FOR 66.70 4 ORDINANCE NO. 4057 FEET; 6) THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT FOR 68.00 FEET; 7) S28°00'50"W A DISTANCE OF 161.60 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 300.00 FEET AND A CENTRAL ANGLE OF 28°00'50"; BEING SUBTENDED BY A CHORD BEARING S14°00'25"W FOR 145.22 FEET; 8) THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT FOR 146.68 FEET; 9) S00°00'00"W A DISTANCE OF 236.22 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE TO 47°47'46"; BEING SUBTENDED BY A CHORD BEARING S23°53'44"W FOR 40.51 FEET; 10) THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT FOR 41.71 FEET; 11) S33°2444"E A DISTANCE OF 38.93 FEET TO THE SOUTH LINE OF LANDS DESCRIBED IN SAID OFFICIAL RECORD BOOK 4846, PAGE 4109; THENCE ALONG SAID SOUTH LINE S89°26'26"W, A DISTANCE OF 274.94 FEET; THENCE N01 °01'45"W FOR 358.35 FEET; THENCE S88°58' 15'W FOR 273.32 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID SECTION 23; THENCE N01°01'45'W ALONG SAID WEST LINE FOR 1,304.55 FEET TO THE POINT OF BEGINNING. CONTAINING 32.06 ACRES, MORE OR LESS. 5 ORDINANCE NO. 4057 Exhibit B Location Map City of Fort Myers tMYERS Location Map: Arborwood Annexation Folio IDs: 10259564 & 10510570 Arborwood Donation Lots Parcel Boundaries O City Limits Mop t. teanrnm only .nil 6 no . aurn y. The City d Fort Myers makes no ckims or ueo.nteeo about the .ecu ny w narmocy of the iarmm,Nioo w+*nlned on this mop. end mgne.dy di.awms iisbility for .[Yore and omisvoo. Locator Map 0 2 sales r Source: Crty of Fart Myer. Community bevelepment GtS k bete: 5/21/2o2a ORDINANCE NO. 4057 PASSED IN PUBLIC SESSION of the City Council of the City of Fort Myers, Florida, on August 18, 2025. � A Teresa Watkins Brown ft Diana Giraldo rod "Jc&- Terolyn P. Watson ochette III Fred Burson Darla Bonk Councilpersons APPROVED on August 18, 2025. FILED in �++++ i i I S I,� .4`) FORT". S8L :m= 86 =X� ftyt Kevin B. Anderson Mayor the Office of the City Clerk on August 18, 2025. M Hagema , CMC City Clerk