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Home My WebLink About2009 - Recorded Agreement,. . , ,+ Record and Return to: -f C .~' Warren W. Dill, Esq. Dill & Evans, P.L. ~:~ ~ 1565 US Highway 1, Sebastian, FL 32958 1986600 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2333 PG:1179, Pagel of 8 04/08/2009 at 10:56 AM, JEFFREY K BARYON, CLERK OF COURT ANNEXATION AGREEMENT BETWEEN THE CITY OF SEBASTIAN, FLORIDA, AND EDWARD R. HOWLAND AND CAROLE WAGNER, AS CO-TRUSTEES OF THE SHADY REST MHP TRUST U/A DATED DECEMBER 24, 1985. THIS ANNEXATION AGREEMENT is made and entered into this day of 1~~~ 2009, between the CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the State of Florida, ("Sebastian" or "City") and EDWARD R. HOWLAND AND CAROLE WAGNER, AS CO-TRUSTEES OF THE SHADY REST MHP TRUST U/A DATED DECEMBER 24, 1985, as amended ("Owner"). WITNESSETH: WHEREAS, Edward R. Howland and Carole Wagner, as Co-Trustees of the Shady Rest MHP Trust, is the owner 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 the Shady Rest Mobile Home Park ("the Property"); and WHEREAS, the Property is located within the Indian River County Urban Service Area and therefore is excluded from the restrictions on annexations imposed by the Interlocal Agreement relating to annexations under Chapter 171 Florida Statutes, as adopted by Resolution R-07-22 by the City of Sebastian; and WHEREAS, the Property is substantially contiguous to the municipal boundaries of Sebastian; and WHEREAS, Sebastian desires to annex the Property into its municipal boundaries and said annexation would not result in the creation of any enclaves and the annexation of the Property will be in the best interests of Sebastian and its residents; and WHEREAS, the Property is currently being used as a rental mobile home park with no current plans to change the use of the Property; and Page 1 of 7 W:\Clients\STU\Shady Rest - 07-155\Shady Rest-Annexation Agrmt 3-25-09.wpd.doc ~xh~b;f ~ WHEREAS, Sebastian can provide the necessary general government, non-proprietary services to the Property, normally being provided to its residents, such as police protection, code enforcement building and zoning services, as needed; and WHEREAS, City and Owner support the annexation of the Property 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 Owner desire to establish agreements relating to land development and use upon the annexation of the Property 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 Owner are proceeding with the voluntary annexation of the Property into the City of Sebastian. Upon the annexation of the Property into the City, this Agreement shall govern the parties' rights and obligations regarding the Property as to the matters provided herein. 3. The parties agree to promptly and diligently pursue an amendment to Sebastian's Comprehensive Land Use Map to accommodate the land use of Riverfront Mixed Use (RMU) for the Property. After the Map amendment has taken effect, City Staff agrees to cooperate with Owner in the rezoning of the Property to Commercial Riverfront (CR) and, at some undetermined future time, the issuance of other development orders (permits) necessary to change the use of the Property for development consistent with Commercial Riverfront zoning of the Land. Nothing herein shall bind the City Council of the City of Sebastian to the approval of the zoning classification. The City Council of the City of Sebastian retains full quasi judicial authority in establishing the Land Use and Zoning designation(s) for subject parcel. 4. The receipt of a new Comprehensive Land Use Map designation and a new zoning district for the Property does not result in a change of use of the Property. Page 2 of 7 W:\Clients\STU\Shady Rest - 07-155\Shady Rest-Annexation Agrmt 3-25-09.wpd.doc 5. Mobile home and recreational vehicle rental parks (as defined in the Sebastian Land Development Code) are not a listed use within the Commercial Riverfront (CR) zoning district. However, since the use of the Property is designed and built to accommodate mobile homes and recreational vehicles within its 117 rental spaces, the Property and its 117 rental spaces shall be allowed to be used for such purposes for a period of ten (10) years following the annexation of the Property into the City. At the end of said ten (10) year period, the rental of the 117 spaces shall cease and the use of the Property as a mobile home and recreational vehicle rental park shall terminate and any further use of the Property shall be in conformance with the zoning of the Property. 6. The Owner of the Property is subject to the provisions of Chapter 723, Florida Statutes, the Florida Mobile Home Act. When there is a change in use of the Property, Section 723.061 (1)(d) Florida Statutes requires the Owner to give the mobile home owners and tenants "at least six (6) months' notice of the projected change of use and of their need to secure other accommodations". Owner acknowledges that a period in excess of six (6) months to secure other accommodations would be of great help to the mobile home owners and tenants. Therefore, Owner agrees that it will continue to operate the mobile home park for a period of five (5) years from June 11, 2008 to June 10, 2013. 7. This Annexation Agreement is not intended to supersede or expand in any way, the provisions of Florida laws as set forth in Chapter 723 Florida Statutes, except for the limited purposes as specifically provided herein. 8. Either party may enforce the terms of this Annexation Agreement by any action at law or in equity. It is stipulated, without limitation to other such remedies, that injunctive relief be available without requirement that the absence of an adequate remedy at law be proved. Nothing herein should be construed as a waiver of any right granted by law or equity to enforce this Annexation Agreement. 9. 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 Page 3 of 7 W:\Clients\STU\Shady Rest - 07-155\Shady Rest-Annexation Agrmt 3-25-09.wpd.doc Agreement that are not contained in or incorporated into this document. 10. 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: 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 Owner shall be: with a copy to: Edward R. Howland Crown Building 3662 Katella Blvd., Ste 107 Los Alamitos, CA 90720 Dill & Evans, P. L. 1565 U. S. Highway 1 Sebastian, FL 32958 11. This Annexation Agreement shall be binding upon the heirs, successors and assigns of the parties. 12. This Annexation Agreement shall be deemed effective as of March 25, 2009. Page 4 of 7 W'.\Clients\STU\Shady Rest - 07-I55\Shady Rest-Annexation Agrmt 3-25-09.wpddoc IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first-above written. Approved as to form and legality for relia the City of Sebastian: o ert A. Ginsburg, City Atto STATE OF FLORIDA COUNTY OF INDIAN RIVER he foregoing instrument was acknowledged before me this olCs%~ day of ~~ C , 2009, by ~/~nl,L , as ~ 7yfCut~i~',~ of the City of Sebastian, Florida, a municipal corporation existing under the law of the State of Florida, on behalf of the City, who is personally known to me or who has produced as identification. r~__ -: 1 ~` ~. , Notary Publi "SEAL" My Commission Expires: My Commission Number is: ~~~~~ .~~~~x~L~~ Sally A. Maio :~ -•; +.; Commission # DD595269 ~'• ' Expires October 5, 2010 ',, ~ ~~ Bonded Troy fam Inwrance, Inc. BWJ8S7018 Page 5 of 7 C:\Documents and Settings\smaio.SEBASTIANU.ocal Settings\Temporary Internet Files\OLKF3\pag 5 AA.doc OWNER: Edward R. Howland, Co-Trustee STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 2 ~~ day of March, 2009, by Edward R. Howland, Co-Trustee of the Shady Rest MHP Trust U/A dated December 24, 1985, as amended, who is personally known to me or who has produced as identification. "SEAL" :~:Y ~'i%'•• JODEE BUCK *~ ¢:~ MY COMMISSION # DD 601176 :~'a EXPIRES: November 19, 2010 'h';p ~~ ~~`~~ Bonded Thru Notary Public Underwriters Page 6 of 7 N to ublic ommission Expires: My Commission Number is: W:\Clients\STU\Shady Rest - 07-155VShady Rest-Annexation Agrmt 3-25-09.wpd.doc OWNER: ~'~~ ~ ~~~ Carole Wagner, Co-Trustee STATE OF CALIFORNIA COUNTY OF `~ VC-/2 ~ /D~ The foregoing instrument was acknowledged this ~ day of /Ni~~C~! ~ , 2009, before me, jYl~}/',;~I m~ C°AfzTt~{ ~ ,Notary Public, personally Carole Wagner, Co-Trustee of the Shady Rest MHP Trust U/A dated December 24, 1985, as amended, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that ~lrefshe executed the same in -k~s/her authorized capacity, and that by .k~s/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. "SEAL" MARY MCCARTHY Commission # 1822295 Notary Public -California Z Riverside County M Comm. Ex fires Nov 11, 2012 WITNESS my hand and official seal. Notary Public My Commission Expires: My Commission Number is: Page 7 of 7 W:\Clients\STU\Shady Rest - 07-I55\Shady Res[-Annexation Agrmt 3-25-09.wpd.doc , > AL_ _ DESCRIPTION PARCEL 1: ALL THAT PART OF LOTS 17, 18 AND 19 OF WAUREGAN SUBDIVISION, LYING WEST OF 7HE WEST RIGHT-OF-WAY LINE OF U.S HIGHWAY 1. ACCORDING TO PLAT OF WAUREGAN FlLED IN 7HE OFFICE OF 7HE CLERK OF THE CIRCUIT COURT OF BREVARD COUNTY, FLORIDA, !N PLAT BOOK 1, PAGE 75; AND REFILED IN PLAT BOOK 1, PAGES 178 AND 179, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. PARCEL 2: THAT PART OF LOT 20 OF WAUREGAN SUBDIVISION LYING EASTERLY OF WAUREGAN AVENUE AND WESTERLY OF U.S. HIGHWAY 1 AS FOLLOWS: BEGIN .4T THE POINT OF BEGINNING FORMED BY THE INTERSEC710N OF THE EASTERLY RIGHT-OF-WAY LINE OF WAUREGAN AVENUE !N WAUREGAN SUBDIVISION, SECTION 30 OF PEENING GRANT, AT A CONCRETE MONUMENT MARKING THE BOUNDARY BETWEEN LOTS 20 AND 21; THENCE RUN NORTHWESTERLY ALONG THE EASTERLY RIGHT-OF-WAY OF WAUREGAN AVENUE A DISTANCE OF 315.19' TO THE NORTHERLY LINE aF SAID LOT 20; THENCE RUN NORTHEASTERLY ON THE BOUNDARY LINE BETWEEN LOTS l9 AND 20 A DISTANCE OF 200' TO A CONCRETE MONUMENT; THENCE RUN SOUTHE~ISTERLY A DISTANCE OF 315.19' TO A CONCRETE MONUMENT ON 7HE SOUTHERLY LOT LINE OF LOT 20, WHICH IS 200' EASTERLY OF 7HE POINT OF BEGINNING; 7HENCE RUN SOUTHWESTERLY ON THE BOUNDARY LINE BETWEEN LOTS 20 AND 21 A DISTANCE OF 200' TO THE POINT OF BEGINNING. ALL IN WAUREGAN, FLEMING GRANT, ACCORDING TO PLAT FlLED IN THE OFFICE OF THE CLERK OF 7HE CIRCUIT COURT OF BREVARD COUNTY, FLORIDA. IN PLAT BOOK 1, PAGE 75; AND REFILE~ IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT 800K 1, PAGES 178 AND 179; SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. EXHIBIT "A" TO ANNEXATION AGREEMENT FLORIDA DEPARTMENT 0 f STATE CHARLIE CRIST Governor April 2, 2009 Ms. Sally A. Maio, MMC City Clerk City of Sebastian 1225 Main Street Sebastian, Florida 32958 Attention: Jeanette Williams, Deputy Clerk Dear Ms. Maio: =~: ~ ~`~' __. -n ~ _ ~ `~ o=~;: rn ~u~;'` -~ ~ m =, ~ ~Dr, ~ U ~. ~ -+ r- rn z- This will acknowledge receipt of your letter dated March 26, 2009 and copy of Ordinance No. 0-08-01, annexing property into the City of Sebastian, which was filed in this office on March 31, 2009. Sincerely, 'Vv~ Liz Cloud program Adminisi~ator LC/j ru DIRECTOR'S OFFICE R.A. Gray Building • 500 South Btonough Street • Tallahassee, Florida 32399-0250 850.245.6600 FAX: 850.245.6735 • TDD: 850.922.4085 • http://dlis.dos.state.fl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894 STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Secretary of State LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX:850.245.6795 850.245.6270 FAX: 850.245.6282