HomeMy WebLinkAbout2009 - Agreement sent to OwnerCITY OF
SEBASTU_%
HOME OF PELICAN ISLAND
1225 MAIN STREET • SEBASTIAN, FL 32958
(772) 589-5330 • (772) 589-5570 fax
VIA CERTIFIED, RETURN RECEIPT MAIL
April 14, 2009
Edward Howland
Crown Building
3662 Katella Blvd., Suite 107
Los Alamitos, CA 90720
Dear Mr. Howland:
Please find enclosed a copy of the ordinances pertaining to Shady Rest Mobile Home Park's
annexation, land use, and zoning for your records.
Sincerely, L� R
Sally A.Aaio, MMC
City Clerk
Enclosures
1987324
THIS DOCUMENT HAS 8= -EN
K=C-`RDED IN THE PL 3 -IC RE :OF DS
OF I`JDIA J RIVER COUNTY FL
BK 2334 PG854, Faget of 12
04/13/2009 at 03:59 PM,
JEFFREY K BARTON, C;I_=RK OI LOUR
ORDINANCE NO. 0-08-01
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND
CONSISTING OF 17.14 ACRES, MORE OR LESS, LOCATED AT
13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK;
PROVIDING FOR INTERIM LAND USE AND ZONING
CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Shady Rest Mobile Home Park, the owner of the parcel of property
described herein, has petitioned the City for voluntary annexation of said land and due
public notice of this action has been given; and
WHEREAS, the City Council finds and determines that the land proposed to be
annexed is contiguous to the City, will not result in the creation of any enclaves, and
constitutes a reasonably compact addition to the incorporated territory of the City; and
WHEREAS, the City Council of the City of Sebastian, Florida, finds and
determines that the annexation of said parcel is in the best interest of the City;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. PROPERTY. The following described property now lying and
being in an unincorporated area of Indian River County, Florida, is hereby annexed into
the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to
include said real property:
See attached Exhibit "A"
And as shown on the map, containing 17.14 acres more or less.
Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION.
The interim land use and zoning classifications for this property shall be consistent with
the provisions of state law. This ordinance approves the annexation agreement hereby
attached as "Exhibit B"
Section 3. FILING. A certified copy of this ordinance shall be filed with
the Clerk of the Circuit Court, as well as the Chairman of the County Commission of
Indian River County, Florida, and with the Florida Department of State within seven days
of adoption.
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 5. SEVERABILITY. In the event a court of competent jurisdiction
shall hold or determine that any part of this Ordinance is invalid, unenforceable or
unconstitutional, the remainder of the Ordinance shall be invalidated and it shall be
presumed that the City Council of the City of Sebastian did not intend to enact this
Ordinance without such invalid or unconstitutional provision.
Section 6. EFFECTIVE DATE. Following its adoption this Ordinance shall
become effective upon recordation of an annexation agreement as per the attached
Exhibit "B", so long as such recordation occurs with 45 days of passage hereof.
The foregoing Ordinance was moved for adoption by Councilmember
Hill The motion was seconded by Councilmember
Gillmor and, upon being put to a vote, the vote was as follows:
Mayor Richard H. Gillmor aye
Vice -Mayor Jim Hill aye
Councilmember Andrea B. Coy aye
Councilmember Dale I. Simchick aye
Councilmember Eugene Wolff nay
The Mayor thereupon declared this Ordinance duly passed and adopted this 25th day of
March ,200 9.
ATTEST:
Sally A.M*, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
BY
ayor Richard H. Gillmor
Approved as to form and legality for
reliance by the City of Sebastian:
- r
Editor's Note: Robert A. Ginsburg, City Att ey
Ordinance No. 0-08-01 became effective on April 8, 2009 upon official recording of the Annexation Agreement
between th ity of Sebastian, Florida and Edward R. Howland and Carole Wagner, Trustees, as attached hereto as
Exhibit B. DO
Sally A. Maio, WC -'City Cleric
LEGAL DESCRIPTION
PARCEL 1:
ALL THAT PART OF LOTS 17, 18 AND 19 OF WAUREGAN SUBDIVISION,
LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 1,
ACCORDING TO PLAT OF WAUREGAN FILED IN THE OFFICE OF THE CLERK
OF THE CIRCUIT COURT OF BREVARD COUNTY, FLORIDA, IN 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 AT THE POINT OF BEGINNING FORMED BY THE INTERSECTION OF
THE EASTERLY RIGHT-OF-WAY LINE OF WAUREGAN AVENUE IN WAUREGAN
SUBDIVISION, SECTION 30 OF. FLEMING 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 OF SAID LOT
20; THENCE RUN NORTHEASTERLY ON THE BOUNDARY LINE BETWEEN LOTS
19 AND 20 A DISTANCE OF 200' TO A CONCRETE MONUMENT, THENCE RUN
SOUTHEASTERLY A DISTANCE OF 315.19' TO A CONCRETE MONUMENT ON
THE SOUTHERLY LOT LINE OF LOT 20, WHICH IS 200' EASTERLY OF THE
POINT OF BEGINNING, THENCE 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 FILED IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT OF BREVARD COUNTY,
FLORIDA. IN PLAT BOOK 1, PAGE 75; AND REFILED IN THE OFFICE OF
THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN
PLAT BOOK 1, PAGES 178 AND 179; SAID LAND LYING AND BEING IN
INDIAN RIVER COUNTY, FLORIDA.
EXHIBIT "A"
Record and Return to:
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, Paget of 8
04/08,2009 at 10:56 AM,
JEFFREY K BARTON. 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
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
and
WHEREAS, the Property is substantially contiguous to the municipal boundaries of Sebastian;
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
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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.
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0
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
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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:
parties.
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
12. This Annexation Agreement shall be deemed effective as of March 25, 2009.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first -above written.
CITY OFi SEBA6TIAN
Title:
Approved as to form and legality for
relic the City of Sebastian:
o ert A. Ginsburg, City AttorKef
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Minner
The foregoing instrument was acknowledged before me this ci%96` - day of/ % C , 2009,
by � ' zg{ n ' ,L, as � Tj,1 r 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.
Notary Public
"SEAL" My Commission Expires:
My Commission Number is:
Sally A
Maio
=•fi Commission # DD595269
7Expires October 5, 2010
"f�y�, Bonded Troy Fain Insurance. inc 800.3857019
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OWNER:
z,/
Edward R. Howland, Co -Trustee
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this 2 (dam 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"
a��"•' •'y'' JODEE BUCK
MY COMMISSION # DD 601176
;F. EXPIRES: November 19, 2010
Bonded Thru Notary Public underwriters
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N to 4ublic
ommission Expires:
My Commission Number is:
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OWNER:
I
Carole Wagner, Co -Trustee
STATE OF CALIFORNIA
COUNTY OF
The foregoing instrument was acknowledged this _,�_ day of /14/4f'�C° H , 2009, before me,
i'Ir Y me C',9 r_i hi V , 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 +tefshe executed the same in -leis/her authorized capacity, and that by -his/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 i
Riverside County
My Comm. Ex ires Nov 11, 2012
WITNESS my hand and official seal.
��
Notary Public
My Commission Expires:
My Commission Number is:
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LEGAL DESCRIP71ON
PARCEL 1:
ALL THAT PART OF LOTS 17, 18 AND 19 OF WAUREGAN SUBDIVISION,
LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 1,
ACCORDING TO PLAT OF WAUREGAN FILED IN THE OFFICE OF THE CLERK
OF THE CIRCUIT COURT OF BREVARD COUNTY, FLORIDA, IN 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 AT THE POINT OF BEGINNING FORMED BY THE INTERSECTION OF
THE EASTERLY RIGHT-OF-WAY UNE OF WAUREGAN AVENUE IN WAUREGAN
SUBDIVISION, SECTION 30 OF FLEMING 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 OF SAID LOT
20; THENCE RUN NORTHEASTERLY ON THE BOUNDARY UNE BETWEEN LOTS
19 AND 20 A DISTANCE OF 200' TO A CONCRETE MONUMENT, THENCE RUN
SOUTHEASTERLY A DISTANCE OF 315.19' TO A CONCRETE MONUMENT ON
THE SOUTHERLY LOT LINE OF LOT 20, WHICH IS 200' EASTERLY OF THE
POINT OF BEGINNING, THENCE RUN SOUTHWESTERLY ON THE BOUNDARY
LINE BETWEEN LOTS 20 AND 21 A DISTANCE OF 200' TO THE POINT OF
BEGINNING.
ALL IN WAUREGAN, FLEA41NG GRANT, ACCORDING TO PLAT FILED IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT OF BREVARD COUNTY,
FLORIDA. IN PLAT BOOK 1, PAGE 75; AND REFILED IN THE OFFICE OF
THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN
PLAT BOOK 1, PAGES 178 AND 179; SAID LAND LYING AND BEING IN
INDIAN RIVER COUNTY, FLORIDA.
EXHIBIT "A"
TO
ANNEXATION AGREEMENT