HomeMy WebLinkAboutCurative Notice Scrivener's Error in Legal Description Ordinances 1458-23 and 1459-23INSTR# 2023175446 OR BK 10895 PG 1805 Page 1 of 3
10/04/2023 09:12 AM Rcpt: 2630158 Rec: 27.00 DS: 0.00 IT: 0.00
Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller
ORDINANCE NO. 1458-23 AND ORDINANCE NO. X459-23 SCRIVENER'S ERROR IN LEGAL DESCRIPTION
Prepared by and return to:
Matthew E. Maggard
Attorney at Law
Shumaker, Loop & Kendrick, LLP
13134 U.S. Highway 301
Dade City, FL 33525
352-458-4700
Above This Line For Recording Data
Curative Notice
Scrivener's Error in Legal Description
The undersigned does hereby swear and affirm:
1. Ordinance No. 1458-23 Annexing Property in the boundaries of the City of Zephyrhills on
June 12, 2023 and recorded on June 1.4, 2023 in Q.R. Book 10836, Page 606, and/or
Instrument No. 2023107354 of the official records of Pasco County, Florida (hereinafter
referred to as "first erroneous ordinance") contained the following erroneous legal
description:
A parcel of land lying and being in the West 1/2 of Section 13, Township 26 South, Range
21 East, Pasco County, Florida; said parcel being a portion of ZEPHYRHILLS COLONY
COMPANY LANDS, according to the plat thereof recorded in Plat Book 1, Page 55. of
the Public Records of Pasco County, Florida, and being more particularly described as
follows:
COMMENCE at a point marking the Northwest corner of the Southwest 1/4 of Section 13,
Township 26 South, Range 21 East, Pasco County, Florida; thence coincident with the
North boundary of the Southwest 1/4 of said Section 13, S 89°58'35" E a distance of 25.00
feet to a point coincident with the East right-of-way boundary of 20th Street; thence
departing said North boundary, coincident with said East right-of-way boundary, S
0004'24" E a distance of 1664.57 feet to a point coincident with the South boundary of
Tract 104, ZF,PHYRHILLS COLONY COMPANY LANDS, according to the plat thereof
recorded in Plat Book 1, Page 55, of the Public Records of Pasco County, Florida, said
point being the POINT OF BEGINNING; thence departing said East right -of -\\a\
boundary, coincident with said South boundary, N 89°49'26" E a distance of 633.81 feet to
a point coincident with the East boundary of said Tract 104, thence departing said South
boundary, coincident with said East boundary, N 00°05'1.5" W a distance of 332.95 feet to
a point marking the Northwest corner of Tract 103 of said Plat of ZEPHYRI-111-1,S
COLONY COMPANY LANDS; thence departing said East boundary, coincident with the
North boundary of said Tract 3 and the Easterly extension thereof, N 89°51'34" E a distance
of 674.57 feet to a point marking the Northwest corner of Tract 102; thence coincident with
a line being the Easterly extension of the South boundary of the lands described in Official
Records Book 7746, Page 1412 of the Public Records of Pasco County, Florida: thence
departing said West boundary, coincident with said South boundary and its Easterly
extension thereof, S 89°57'39" W a distance feet to a point coincident with the East
boundary of the lands described in Official Records Book 7774, Page 1667 of the Public
Records of Pasco County, Florida; thence departing said South boundary, coincident with
said East boundary, S 00°03'32" E a distance 10.51 feet to a point marking the Southeast
corner of said lands; thence departing said East boundary, coincident with the South
boundary of said lands and the Westerly extension thereof, S 8949'28" W a distance of
308.00 feet to a point marking the Northeast corner of the lands described in Official
Records Book 7631, Page 1180 of the Public Records of Pasco County, Florida; thence
coincident with the East boundary of said lands, S 00°03'32" E a distance of 260.46 feet: to
a point marking the Southeast corner of said lands; and the Westerly extension thereof, S
89°49'45" W a distance of 788.60 feet to a point coincident with the East right-of-way
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OR BK 10895 PG 1806 Page 2 of 3
boundary of 20th Street; thence coincident with said East right-of-way boundary, N
00°04'24" W a distance of 187.89 feet to the POINT OF BEGINNING.
Containing an area of 332,793.85 Square Feet, 7.640 acres, more or less.
2. Ordinance 1459-23 Providing for a Small -Scale Comprehensive Map Amendment to the
Future Land Use Map in the City of Zephyrhills on June 12, 2023 and recorded on June
14, 2023 in O.R. Book 10836, Page 661, and/or Instrument No. 2023107357, of the official
records of Pasco County, Florida, contains the same erroneous legal description described
in the first erroneous ordinance.
3. 1 have examined the official records of the county in which the intended real property is
located and have determined that Ordinance 1458-23 dated June 12, 2023, and recorded on
June 14, 2023 in O.R. Book 10836, Page 606, and/or Instrument No. 2023107354 of the
official records of Pasco County and Ordinance 1459-23 dated June 12, 2023, and recorded
on June 14, 2023 O.R. Book 10836, Page 661, and/or Instrument No. 2023107357, of the
official records of Pasco County, Florida, establishes that the intended real property was
annexed into the boundaries of the City of Zephyrhills by the City of Zephyrhills by way
of the first erroneous Ordinances at the time the first erroneous ordinances were executed.
4. This notice is made to establish that the real property described as
A parcel of land lying and being in the West 1/2 of Section 13, Township 26 South, Range
21 East, Pasco County, Florida; said parcel being a portion of ZEPHYRHILLS COLONY
COMPANY LANDS, according to the plat thereof recorded in Plat Book 1, Page 55, of
the Public Records of Pasco County, Florida, and being more particularly described as
follows:
COMMENCE at a point marking the Northwest corner of the Southwest 1/4 of Section 13,
Township 26 South, Range 21 East, Pasco County, Florida; thence coincident with the
North boundary of the Southwest 1/4 of said Section 13, S 89°58'35" E a distance of 25.00
feet to a point coincident with the East right-of-way boundary of 20th Street; thence
departing said North boundary, coincident with said East right-of-way boundary, S
00°04'24" E a distance of 1664.57 feet to a point coincident with the South boundary of
Tract 104, ZEPHYRHILLS COLONY COMPANY LANDS, according to the plat thereof
recorded in Plat Book 1, Page 55, of the Public Records of Pasco County, Florida, said
point being the POINT OF BEGINNING; thence departing said East right-of-way
boundary, coincident with said South boundary, N 89°49'26" E a distance of 633.81 feet to
a point coincident with the East boundary of said Tract 104, thence departing said South
boundary, coincident with said East boundary, N 00°05'15" W a distance of 332.95 feet to
a point marking the Northwest corner of Tract 103 of said Plat of ZEPHYRHILLS
COLONY COMPANY LANDS; thence departing said East boundary, coincident with the
North boundary of said Tract 3 and the Easterly extension thereof, N 89°51'34" E a distance
of 674.57 feet to a point marking the Northwest corner of Tract 102; of said Plat of
ZEPHYHILL S COLONY COMPANY LANDS; thence coincident with the West
boundary of said Tract 102, S 00°03'16" E a distance of 250.03 feet to a point coincident
with a line being the Easterly extension of the South boundary of the lands described in
Official Records Book 7746, Page 1412 of the Public Records of Pasco County, Florida;
thence departing said West boundary, coincident with said South boundary and its Easterly
extension thereof, S 89°57'39" W a distance of 211.55 feet to a point coincident with the
East boundary of the lands described in Official Records Book 7774, Page 1667 of the
Public Records of Pasco County, Florida; thence departing said South boundary, coincident
with said East boundary, S 00°03'32" E a distance of 10.51 feet to a point marking the
Southeast corner of said lands; thence departing said East boundary, coincident with the
South boundary of said lands and the Westerly extension thereof, S 89°49'28" W a distance
of 308.00 feet to a point marking the Northeast corner of the lands described in Official
Records Book 7631, Page 1180 of the Public Records of Pasco County, Florida; thence
coincident with the East boundary of said lands, S 00°03'32" E a distance of 260.46 feet to
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OR BK 10895 PG 1807 Page 3 of 3
a point marking the Southeast corner of said lands; thence departing said East boundary,
coincident with the South boundary of said lands and the Westerly extension thereof. S
89°49'45" W a distance of 788.60 feet to a point coincident with the East right -of -v ay
boundary of 20th Street; thence coincident with said East right-of-way boundary, N
00°04'24" W a distance of 187.89 feet to the POINT OF BEGINNING.
Containing an area of 332,793.85 Square Feet, 7.640 acres, more or less (hereinafter
referred to as the "intended real property") was the real property that was intended to be
the subject of the first erroneous ordinances.
r
La A. Smith, Council President
STATE OF FLORIDA
COUNTY OF PASCO
Sworn to (or affirmed) and subscribed before me this 25th day of September; 2023. by
Lance A. Smith, Council President, who i personallyknown to m or produced
as identification.
Signa ,� o y ubu 1 roSE�t a Florida
�+ g` Commission 4 HH 254622
13 1026
(Print, ef�`St d Name of Notary Public)
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