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HomeMy WebLinkAbout1986 02 18 - Zoning Change Application." i s � r: APPLICATION FOR ZONING CHANGE CITY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA TELEPHONE: 589-5330 This application must be completed and returned, with all enclosures referred to herein, to the Planning and Zoning Board Secretary one week before the scheduled meeting. This application will then be referred to the Planning and Zoning Board for study and recommendations. DATE RECEIVED: DATE ACCEPTED: APPLICANT: George Tsiotis, Henry A. Fischer, PHONE: (305) 589-5347 ADDRESS: P8n fl6axiggg, Sebastian, Florida 32958 OWNER: As aoove PHONE: (305) 589-5347 ADDRESS: P.O. Box 68, Sebastian, FL 32958 EXISTING ZONING: Agricultural REQUESTED ZONING: Commercial PUB LAND USE CLASSIFICATION: ACRES TO BE REZONED: 58.09 Acres EXISTING USE: Agricultural PROPOSED USE: Commercial REASON FOR PETITION? Letter ?3olice and utilities service - Also closer to the City of Sebastian ARE ANY STRUCTURES NOW LOCATED ON THE PROPERTY? 1 house, 2 apartmnts, 2 trailers, 1 slaughterhouse, barns THE FOLLOWING ATTACHMENT SHALL ACCOMPANY THE APPLICATION: 1) If the property in question is not owned by the applicant, a notarized Affidavit of Ownership must accompany the application giving the consent of each owner to the applicant to apply for a land use change. 2) A copy of the owner's deed must accompany each copy of this application. 3) A current owner's title policy, a certificate of title from a title company, or an attorney's opinion evidencing fee ownership of the property. 4) A Certified Survey of the area, if not platted. This survey must also indicate the location and type of all adjacent land uses within 300' of the subject property. (The surrounding uses need not be suryeyed.) 5) A check, money order or cash in the amount of made payable to the City of Sebastian. FEE SCHEDULE less than 5 acres 5 - 100 acres more than 100 acres $225.00 $500.00 $750.00 The undersigned understands that this application must be complete and accurate before consideration by the planning and Zoning Hoard or the City of Sebastian. STATE OF FLORIDI'1 COUNTY OF 1N1-D=N tR'VE'l2 I, =, RY A. FISCF= BEING FIRST DULY SWORN, DEPOSE AND SAY THAT:, I AM THE OWNERI AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE__SUBJECT MATTER OF THIS APPLI- CATION, THAT ALL THE ANSWERS TO THE QUESTIONS IN SAID APPLICATION AND ALL SKETCHES AND DATA AND MATTER ATTACHED TO AND MADE A PART O SAID APPLI TION HONEST TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. SWORN TO AND SUBSCRIBED BEFORE ME, THIS NOTARY: SIGNATURE DAY OF February , 19 86 APPLICATION NUMBER PLANNING AND ZONING DIVISION RECEIVED APPLICATION....... PRELIMINARY HEARING BEFORE PLANNING AND ZONING BOARD.... PUBLIC HEARING BEFORE PLANNING AND ZONING BOARD......... PUBLICATION ............................................. NOTICE TO BE MAILED ..................................... PUBLIC HEARING BEFORE CITY COUNCIL ...................... PLANNING AND ZONING BOARD'S RECOMMENDATION .............. CITY COUNCIL ACTION ORD. NO. DATE ALL APPLICANTS ARE ENCOURAGED TO SCHEDULE A PRE -APPLICATION CONFERENCE THROUGH THE PLANNING AND ZONING STAFF SECRETARY PRIOR TO THE APPLICATIQ'N TO RESOLVE OR AVOID PROBLEMS CONNECTED WITH THE PROPOSAL. SEBASTIAN GENERAL PARTNERSHIP P.O. BOX 68 SEBASTIAN, FL 32958 February 18, 107 863-857 19 —67-0 4 PAY TO THE ORDER OF —... City of - Sebastian $ 500.00 J %i DOLLARS ROSELAND OFFICE 4 P.O. BOX 2767 VERO BEACH, FLORIDA 32961 FOR Zoning Change Applic - Fee 11,0000 10 ?lie -1:0 G ?008 s ?91: 3 368 10 1 S 241is A 85-1347 • . II���[/•���{ AA WARRANTY DEED.'[riQ�� RAMCO FORM 01 INDIVID. TOjj��IIN��DIVID Beed This 1[Warranty Beed made the a day of ,�. D. I9g- by ROBERT H. CHESSER and CYNTHIA CHESSER, his wife 0 hereinafter called Iltc• (tranlor, to George Tsiotis and Mary Tsiotis, his wife, with an undivided 1/3 interest, Henry A. Fischer, with an undivided 1/3 interest, and John Bargas, with an u�di �idgclf.l/3 lilnte�estp,.�s Xis sari,' Florida 32958 u' rose u e ar c rens Is hereinafler called the grantee: fMherecer used herein the terns "grantor" and "grantee" inchtde all the parties to this instnunent and n' the heirs, legal re preseutatiscs arrd assigns of individuals, and the surae—,rs and assigns of corporations) fi '191ttlesseth. -11ra1 tie grantor, for cntd in consideration of die sunt of ,S 10.00 and other valuable considerations, receipt whereof is hereby actnowledged, hereby rtrautls, bargains, sells, aliens, re- mises, releases, conveys and confirms unto the grantee, all dial cerlain lanai situate in Indian River i'ounly, Florida, viz: PARCEL ONE — That part of the Northwest 4 of the Northeast 4 of Section 13, Township 31 South, Range 38 East; lying South of Fellsmere Road right—of—way. PARCEL TWO — The West %z of the Northeast 4 of the Northeast 4 of Section 13, Township 31 South, Range 38 East. The above lands lying and being in Indian River County, Florida. "Tl11S I d; I i EnT VOW e OOC. ST. - AMT.I, FREDA WRIGNT, Clerk Pf P EXECUTI r. I1 L Indian River Co11nIV i M 4 �- P.O. BOX 1960, 5 AS A OF iTv�i�'`, I.;;,utU Ul IT.' Together with all lite tenements, hereditaments and appurtenances thereto belonging or in any- wise appertaining. Have]1 O 9 lave and t0 hold, the same in fee simple forever. !And lire grantor hereby covenants with said grantee that the granlor is lawfully seized of said land in fee simple; Ihat the grantor has good right and lawful authority to sell and cortuey said land; that the grantor hereby fully warrants the title to said land and will defend Ilia- same against lite lawful claims of all persons whomsoever; arid that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1985. SUBJECT TO: 1. Restrictions, reservations, limitations, and easements of record, if any; this reference to said restrictions shall not affect to reimpose same. 2. Zoning ordinances affecting said property. -in IQlitness Thereof, the said grantor has signed arid sealed these presents the day and year first above written. Sig ed 'eal arid de i�r d in r p ence: ...C.G l ........... .......... Witness P Witness STATE OF Florida COUNTY OF Indian River ��...... RrH. Chesser ----------------------- riSPACE BELOW FOR RECORDERS USE I HEREBY CEK I If Y that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Robert H. Chesser and Cynthia Chesser to me known to be the persons described in and who executed the foregoing instrument .and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and Gy�State last aforesaid this Z. day of d , A. D. 19 tits t. 9 %Fotary.: Pu is 7%trs It)sliui1rrti1ireparrc%"rNotaty MFC, State ni Florida ,l ddrrss M 1931 My Commission Expires N�atch 22, Bonded Thru TIOY F.in • Inturanco, Inc. �??(103 t.in.)??10 10 :.s 13 £0 =9 H8 01 Nvr 9861 1 • il. l.. •1 1r1�)LJ�% 77 � ! • M - '73 ...Cz a— t.17 N 1�— O o' is 85-1347 • • QUIT -CLAIM DEED RAMCO FORM 8 430 U933 This Quit -Claim deed, executed this a day of , A. D. iq e�-- , by ROBERT H. CHESSER and CYNTHIA CHESSER, his wife first p rty, to George Tsiotis and Mary Tsiotis, his wife, with an undivided 1/3 interest, Henry A. Fischer, with an undivided 1/3 interest, and John Bargas, w{tosW9,4ofjPeWW,W*d 1/3 interest, as Tenants in Common. P.O. Box 68, Sebastian, Florida 32958 second party: (Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of cc,-porations, wherever the context so admits or requires.) Mtnesseth, That lite said first party, for aril in consideration of lite sunt of $ 10.00 in hand paid by lite said second party, lite receipt whereof is hereby acknou,ledged, does hereby remise, re- lease and quit -claim unto the said second party forever, all lite right, title, interest, claim and demand which lite said first party has in and to lite following described lot, piece or parcel of land, situate, lying and being in the County of Indian River State of Florida , to -wit: PARCEL ONE That part of the Northwest a of the Northeast 4 of Section 13, Township 31 South, Range 38 East; lying South of Fellsmere Road rightofway. PARCEL TWO The West %z of the Northeast 4 of the Northeast a of Section 13, Township 31 South, Range 38 East. The above lands lying and being in Indian River County, Florida. LESS Primary residence of Sellers, including one (1) square acre upon which said house is located, which property is located within the above described property. 75 c "THIS VIAS `7 c rt nor.. ST. -arsT. $,.5-b �a=�--�'-`-="— --- --- FflEDA 119RIGHl, Clerk of Cireelt Curt F Al .1111"! 1I ii (;i !, ! ;�. tnd;-n River County -b" tLt�t�,,— /ems`" �� tt ' ,a r CD v , 11 I I.0 1.,lLii k; '.,[.0 f3i 1 I. t r- _ To Dave and to Mold lite same ):':=C; o `C ^a together with all and singular lite appurtenances theftunto r' belonging or in anywise appertaining, and all lite estate, right, title, interest, lien, equity and claim what- soever of the said first party, either in lour or equity, to lite only proper use, benefit and behoof of the said second party forever. InQlitness whereof, The said first party has signed and sealed these presents the day and year first above rlitert. Signed ealed and delivered in pr, ence f : i f. Witness Robert H. Chesser —'cam :. ........:. �RAW ............ Witness C16thia Chesser STATE OF FLORIDA, 1 C COUNTY OF Indian River li , I HEREBY CERTIFY that on this day, before me, an officer ditty authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Robert H. Chesser and Cynthia Chesser to me known to be the person described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal 'in, the. County and State last aforesaid this day of A. D. 19 L , U......................................... ................. N -y Public • Notary PU61,.. la My Commissiolr. Expires March 21, 1981 ponded Thr, Troy Foln - Insunnc�, Ins. This* Lrstrutricni prepared by: Address )—n Ln N t -- O zoo l:o• V"'AG el.D 0 C-3 z <1 r- c n Col <t to f Ll U10 Lr I UJ CD j D t'- cn ct -o L 0 '< rt - _j cJ i I LL- 1'— cr cn JCIl—Q F-- LiJ (/) 03 LLI X C-) LrJ =w0 - 85-1347 • 0 QUIT -CLAIM DEED RAMCO FORM 8 ,Z934 This Quit-flaim deed, Executed this a day of.�, A. D. 199(- , by ROBERT H. CHESSER and CYN'T'HIA CHESSER, his wife first party, to George Tsiotis and Mary Tsiotis, his wife, with an undivided 1/3 interest, Henry A. Fischer, with an undivided 1/3 interest, and John Bargas, whosej-bfpV, Mq&Viqed 1/3 interest, as Tenants in Camlon. P.O. Box 68, Sebastian, Florida 32958 second party: (Wherever used herein the terms "first party' and "second party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of co-porations, wherever the context so admits or requires.) itnesseth, 7-httl the said first party, for and in consideration of the stint of $ 10.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, re- lease and quit -claim unto the said second party forever, all the right; title, interest, claim and demand which lite said first party has in and to lite following described lot, piece or parcel of [arid, situate, lying and being in the County of Indian River State of Florida , to -wit: Primary residence of Sellers, including one (1) square acre upon which said house is located, which property is located within the following described property. PARCEL ONE - That part of the Northwest 4 of the Northeast 4 of Section 13, Township 31 South, Range 38 East; lying South of Fellsmere Road right-of-way. AND ALSO PARCEL TWO - The West � of the Northeast 4 of the Northeast 4 of Section 13, Township 31 South, Range 38 East. The above lands lying and being in Indian River County, Florida. 'T113 IPJ3 i 11Ui, i_iIl V, ');y -"-s OG". $1.-ArAr. 6 i FROA WRIGHT, Cletk rf Mcxft Ct+a'4 � : -•-- htdan River County k! �►.t-.-L -- r 'I O I� To have and to -Hold the sante together with all and singular the appuF6"n1p►fees, the' Reur to It C belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and"clai►rtLwhat- ." soever of lite said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. In MUMS Whereof, The said first party has signed and sealed these presents tite day and year first above written. Signe sealed and delivered in presence;6f: Witness 1,6bbert . Chesser OEM ti- .. (moi siX`....... .. F Ve-Ii.�........ :'.---- Witness C thia Chesser STATE OF FLORIDA, ` p COUNTY OF Indian River } r I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Robert H. Chesser and Cynthia Chesser to me known to be the person described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the A. D. 19`��. This Itutrumait prepared by. Address County and State last aforesaid this day of .. .. .:...� �. .,.4.. ..... ..................... Not Public Notary Public, State of rE'04 \ � My Commission Expiro rmtl.% 1"; '•�3� iru r 11ond-d rhru Troy imh • Insurehce, Ilnc; N W r d N 1�. C7' spr FATIE-300 (9-76) • % 1�_ $ C A M E R/ c 9 1 ti P01*No. FA -o- 262496 OWNER'S POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Effective Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land. This Policy shall not be valid or binding until Schedule A has been countersigned by either a duly authorized agent or representative of the Company and Schedule B has been attached hereto. IN WITNESS WHEREOF, First American Title Insurance Company- has caused its corporate seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by-laws. First American Title Insurance Company By President Attest: JVV& � C. Secretary A.L.T.A. OWNER'S POLICY — FORM A — 1970 (AMENDED 5-10-74) First African Title Insurance C40011an 1� Y SCHEDULE A Agent's Policy No. FA -O- 262496 File No.: 85-1347 Issued Pursuant to Commitment No. FA -C- 453191 Date Issued: January 23, 1986 12:00 P M. Date Effective: January 10, 1986 6:03 P M. Amount of Insurance: $ 1, 000, 000.00 1. Name of Insured: George Tsiotis and Mary Tsiotis, his wife, with an undivided 1/3 interest, Henry A. Fischer, with an undivided 1/3 interest, and John Bargas, with an undivided 1/3 interest, as Tenants in ConTnon. 2. The estate or interest in the land described herein and which is covered by this policy is an estate or interest designated as follows: Fee simple 3. Title to the estate or interest referred to herein is at the Effective Date of this Policy vested in the insured. 4. The land herein described is encumbered by the following mortgage and assignments, if any: Ir and the mortgages, if any, shown in Schedule B hereof. 5. The land referred to in this Policy is in the State of Florida County of Indian River and is described as follows: PARCEL ONE - That part of the Northwest 1/4 of the Northeast 1/4 of Section 13, Township 31 South, Range 38 East; lying South of Fellsmere road right of way. AND ALSO PARCEL TWO - The West 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 31 South, Range 38 East. The above lands lying and being in Indian River County, Florida. (InseA a,ISove IjW name of Agent By: A thorized Signatory Earl D. Witherby First American Title Insurance Company SCHEDULE B Agent's File No.: 85-1347 Policy No. FA -O- 262496 This policy does not insure against loss or damage by reason of the following exceptions: General Exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or in- spection of the premises. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such portion so created and riparian rights, if any. 6. Taxes or special assessments which are not shown as existing liens by the public records. Special Exceptions: 7. The mortgage, if any, referred to in Item 4 of Schedule A. 4 8. The lien of all taxes for the year 1986. . Said taxes are not yet due and payable. 9. Rights or claims of parties in possession, and easements or claims of easements not shown by tl3 Public Records, boundry line disputes, overlaps, encroachments, deficiencies in quantity of ground, and any matters not of Public Records which would be disclosed by an accurate survey and inspection of the premises. 10. Any road, ditch, or canal right-of-way. w In T O W H z 0 (D 7 M 00 E " !n " t' m O rt rt rt rt Fl- w m a' a• ::Y, :j N �r E (D F- E (D rr N• (D(D �b�z�En t -n rt O rt • F- a� Entero N O w rt ,-Cr- O m v O W rt M rt (D M p v GQ - W H E rt (D \ (D O' Cn "O f) -L- U1 (D O W rt rt G p N• O z rt bQ O " FJ O O' (D p -- " (D rt N rt ti F - Fl W (D