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Home My WebLink About2004 - Developer AgreementAGREEMENT BETWEEN THE CITY OF SEBASTIAN, FLORIDA AND CROSS CREEK LAKE ESTATES, INC. AND DANIEL SPENCER, TRUSTEE, PROVIDING FOR THE ANNEXATION OF CERTAIN PROPERTY INTO THE CITY OF SEBASTIAN THIS AGREEMENT is made and entered into this --g day of .--70ij e , 2004, between the CITY OF SEBASTIAN, FLORIDA, a municipal corporation of t ("Sebastian" or "City") and CROSS CREEK LAKE ESTATES, INC., a F. (successor to Henry Andrew Fischer) and DANIEL SPENCER, Trustee of that c( Residual Trust under the Will of Henry H. Schact, (collectively "Property Own WITNESSETH: WHEREAS, Property Owners are the owners of the real property locatec Indian River County, Florida, which is legally described on Exhibit "A" attache( is lmown as CROSS CREEK LAKE ESTATES ("Cross Creek"); and WHEREAS, Cross Creek is contiguous to the municipal boundaries of Sebastian; and WHEREAS, Sebastian desires to annex Cross Creek into its municipal boundaries and said aimexation would not result in the creation of any enclaves, and the annexation of Cross Creek will be in the best interests of Sebastian and its residents; and WHEREAS, Sebastian can provide the necessary general government, non-proprietary services normally being provided to its residents, such as police protection, code enforcement, building and zoning services to Cross Creek as needed; and WHEREAS, City and Property Owners support the annexation of Cross Creek into the City and the City is willing to enter into this Agreement pursuant to the authority of the Florida Constitution (including Article VIII, Section 2(b) and 2(c) thereof), the general powers conferred upon municipalities by statute and otherwise (including Chapter 166 and Chapter 171, Florida Statutes) and the City's Charter; and AGREEMENT BETWEEN THE CITY OF SEBASTIAN, FLORIDA AND CROSS CREEK LAKE ESTATES, INC. AND DANIEL SPENCER, TRUSTEE, PROVIDING FOR THE ANNEXATION OF CERTAIN PROPERTY INTO THE CITY OF SEBASTIAN THIS AGREEMENT is made and entered into this i day of 6, , 2004, between the CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the State of Florida, ("Sebastian" or "City") and CROSS CREEK LAKE ESTATES, INC., a Florida Corporation, (successor to Henry Andrew Fischer) and DANIEL SPENCER, Trustee of that certain Testamentary Residual Trust under the Will of Henry H. Schact, (collectively "Property Owners") WITNESSETH: WHEREAS, Property Owners are the owners of the real property located in unincorporated Indian River County, Florida, which is legally described on Exhibit "A" attached hereto and which is known as CROSS CREEK LAKE ESTATES ("Cross Creek"); and WHEREAS, Cross Creek is contiguous to the municipal boundaries of Sebastian; and WHEREAS, Sebastian desires to annex Cross Creek into its municipal boundaries and said annexation would not result in the creation of any enclaves, and the annexation of Cross Creek will be in the best interests of Sebastian and its residents; and WHEREAS, Sebastian can provide the necessary general government, non-proprietary services normally being provided to its residents, such as police protection, code enforcement, building and zoning services to Cross Creek as needed; and WHEREAS, City and Property Owners support the annexation of Cross Creek into the City and the City is willing to enter into this Agreement pursuant to the authority of the Florida Constitution (including Article VIII, Section 2(b) and 2(c) thereof), the general powers conferred upon municipalities by statute and otherwise (including Chapter 166 and Chapter 171, Florida Statutes) and the City's Charter; and WHEREAS, Sebastian and Property Owners desire to establish agreements relating to land development, upon the amlexation of Cross Creek into the City of Sebastian. NOW THEREFORE, the parties agree as follows: 1. The foregoing recitations are true and correct and are incorporated herein by reference. 2. Sebastian and Property Owners are proceeding with the voluntary annexation of Cross Creek into the City of Sebastian. Upon the annexation of Cross Creek into the City, this Agreement shall govern the parties' rights and obligations regarding Cross Creek as to the matters_ provided for herein. 3. The parties agree to promptly and diligently pursue an amendment to Sebastian's Comprehensive Land Use Map to accommodate the land uses of Low Density Residential (LDR). After the Map amendment has taken effect, Sebastian agrees to cooperate with Property Owners in the rezoning to Single Family Residential (RS -10) and issuance of other development orders (permits) necessary for the development of Cross Creek. It is contemplated by the parties that the frill development of Cross Creek will be undertaken in phases and extend over a number of years. 4. The access to Cross Creek will be from Barber Street then South on 70th Avenue (Power Line Road). The City of Sebastian has requested that Power Line Road be improved from Barber Street South to the Southern boundary line of the Fischer Property as described in Exhibit "A" (the "Improved Area"). The Property Owners agree to be responsible for the cost of improving 70th Avenue (Power Line Road), within the Improved Area, as described in Exhibit `B" attached hereto. The City further agrees that it will not require the Property Owners to improve 70th Avenue (Power Line Road) South of the Improved Area. 5. The City agrees that if the Improved Area is not already within the City limits, the City 2 will be responsible for taking all action necessary to annex the Improved Area into the City within 90 days from the effective date of Ordinance 0-04-07 (the "Annexation Ordinance"). With the Improved Area being within the City limits and the land on both sides (East and West) of the Improved Area lying within the City limits, the City will control this section of 701h Avenue (Power Line Road) and the City's design standards for City streets will apply to the design and construction within the Improved Area. See City design standards attached hereto as Exhibit "C". The City agrees that the location of the Improved Area shall be within the existing stabilized roadway area that is currently being maintained, which is in the Eastern portion of the existing right-of-way for 70`' Avenue (Power Line Road). The Improved Area will be located and designed such that the existing power transmission poles belonging to Florida Power & Light within its easement as recorded in Official Records Book 521, Page 406 of the Public Records of Indian River County, Florida shall remain in place and not need to be relocated. Daniel Spencer, Trustee, as owner of Parcel II described in Exhibit "A", agrees to dedicate and convey without charge to the City, sufficient land as required by the City, within the area occupied by the Florida Power & Light easement for its power poles, along the Eastern boundary of the property, in order to accommodate the design of the Improved Area. 6. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in or incorporated into this document. 7. All notices, demands, requests or replies provided for or permitted by this Agreement shall be in writing and may be delivered by one of the following methods: 91 A. By personal delivery. B. By deposit with United States Postal Service as certified or registered mail, return receipt requested, postage prepaid, to the addresses stated below. Notwithstanding these requirements, there must be written acknowledgment of receipt of notice. For purposes of notice, demand, request or payment, the address of the City shall be: The City of Sebastian 1225 Main Street Sebastian, Florida 32958 The address of the Property Owners shall be: with a copy to: c/o Henry Andrew Fischer Fischer & Sons, Inc. P. O. Box 780068 Sebastian, FL 32978 Warren W. Dill, Esq. Dill & Evans, P.L. 1565 U.S. Highway 1 Sebastian, FL 32958 Daniel Spencer, Trustee c/o Steven Lulich, P.A. P.O. Box 781390 Sebastian, FL 32978-1390 C! IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first above written. The date of this Agreement shall be the date on which this Agreement was approved by the City of Sebastian. CITY OF SEBASTIAN By: Title"' ' b (rteL4y �'l �� a, Typed name of Officer: terrence . Moore ATTES r Sally A. Maio 'CMC, City Clerk Appro ed as to form and legality: STATE OF F"LOIMA' COUNTY OF INDIAN RIVER PROPERTY OWNERS: Cross Creek Lake Estates, Inc., a Florida Corporation By: efiinc;rewFischer, its President 1B Daniel Spencer, Tru tee The foregoing instrument was acknowledged before me this 2nd day of June 2004,by Terrence R. Moore as City Manager of the City of Sebastian, Florida, a municipal corporation existing under the laws of the State of Florida, on behalf of the City, who is personally known to me, or--lie-bias-}�odred as -Identifieat3ee. ,Tyotary Public "My Commission Expiresti,\\ "ett111"1 "'/Vi,, My Commission Numtt'`r Nss1oN a�s `�'% •Q0 Owl y 28, n SEALn w Z : #DD172594 Q= STATE OF FLORIDA r�9'• r dad'° ' oQ COUNTY OF INDIAN RIVER r ��••�ml •��\ ♦v �. y1^ The foregoing instrument was acknowledged before me this day of 2004, by Henry Andrew Fischer, as President of Cross Creek Lake Estates, Inc., a Florida Corporation, on behalf of the corporation, who is personally known to me or who has produced as identification. ,PY P ��"✓'y Diana C. Hill 'NotaryPublic MYCOMMISSION# DD043145 EXPIRES ^' September 7, 2005 My Commission Expires: EONDEDTHRUTROY FAIN INSURANCE, INC My Commission Number is: "SEAL" STATE OF FLORIDA COUNTY OF INDIAN RIVER 2004, The foregoing instrument was acknowledged before me this P day of <�,>1 e. , by Daniel Spencer, Trustee, who is personally knownto me or who has produced as identification. I o Notary Public My Commission Expires: C)S -Ot - O 4 My Commission Number is:. )0 lot (4&C) "SEAL" POGc NAY Doris). Grant =04� .... Bi MYCOMMISSION# DD101489 EXPIRES May 1, 2006 BONDED THRU TROY FAIN INSURANCE, INC EXHIBIT "A" (Legal Descriptions) Parcel I - Corporation (Fischer) Property The below described property is owned by Cross Creek Lake Estates, Inc. South 1/2 of the Northwest 1/4 of Section 30, Township 31 South, Range 39 East, Indian River County, Florida. Parcel II - Trust Property The below described property is owned by Daniel Spencer, Trustee of that certain Testamentary Residual Trust under the Will of Henry H. Schacht: The Northeast 1/4 of the Southwest 1/4, EXCEPTING THE WEST 5 ACRES THEREOF, in Section 30, Township 31 South, Range 39 East, Indian River County, Florida. �I CROSS CREEK LAKE ESTATES H Z � b M H td � b D to Moz CD Gl a00Z: a w D� v T1MC ami E IN O X ted N 0 W `t7 D Ct 'M N i �o w I'I - v 7 900 rl D -1 0 Ln �OD W a C:)tz D :a4 M rl) A N D b 133�iiS N3E� gygy EXHIBIT 'B' Exhibit "B" (Improved Area) v D ~ N rnrnm cn .h. Ln ON V Rl f u (-A) (U ON 03 C:) zOT D�M racy C7 --i d E IN O X ted N 0 W `t7 D Ct 'M N i �o w I'I - v 7 900 rl D -1 0 Ln �OD W a C:)tz D :a4 M rl) A N D b 133�iiS N3E� gygy EXHIBIT 'B' Exhibit "B" (Improved Area) EXHIBIT "C" (City Design Standards) A qualified and experienced registered Professional Engineer in the State of Florida, shall engineer the design for the Improved Area, which design shall be presented for review and approval by the City and shall be consistent with the appropriate provisions and intent of the specifications set out by AASHTO/FDOT, the MUTCD, the City Land Development Code, the City code of Ordinances and the terms of this Agreement.