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HomeMy WebLinkAbout2009 04 10 - Ordinances & Agreement with Notes4 /LP,GeIe�(o�0 /0 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 r 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 All ordinances or parts of ordinances in conflict herewith are hereby repealed.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: CITY OF SEBASTIAN, FLORIDA 14�1 Bj�: Sally A.Ma' , MMC ayor Richard H. Gillmor City Clerk Approved as to form and legality for reliance by the City of Sebastian: Robert A. Ginsburg, City Atty 4 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 1N 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 I 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" 4 /LP,GeIe�(o�0 /0 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 r 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: CITY OF SEBASTIAN, FLORIDA 14�1 Bj�: Sally A.Ma' , MMC ayor Richard H. Gillmor City Clerk Approved as to form and legality for reliance by the City of Sebastian: Robert A. Ginsburg, City Atty 4 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 1N 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 I 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" Li ti// EXHIBIT B C r c Gtr 4-i 61�19 4a, G ANNEXATION AGREEMENT BET EEN 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 25th day of March, 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, ("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 Pagel of 5 Li ti// EXHIBIT B C r c Gtr 4-i 61�19 4a, G ANNEXATION AGREEMENT BET EEN 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 25th day of March, 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, ("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 Pagel of 5 4 /LP,GeIe�(o�0 /0 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 r 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: CITY OF SEBASTIAN, FLORIDA 14�1 Bj�: Sally A.Ma' , MMC ayor Richard H. Gillmor City Clerk Approved as to form and legality for reliance by the City of Sebastian: Robert A. Ginsburg, City Atty 4 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 1N 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 I 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" 4 /LP,GeIe�(o�0 /0 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 r 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: CITY OF SEBASTIAN, FLORIDA 14�1 Bj�: Sally A.Ma' , MMC ayor Richard H. Gillmor City Clerk Approved as to form and legality for reliance by the City of Sebastian: Robert A. Ginsburg, City Atty 4 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 1N 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 I 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" Li ti// EXHIBIT B C r c Gtr 4-i 61�19 4a, G ANNEXATION AGREEMENT BET EEN 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 25th day of March, 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, ("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 Pagel of 5 Li ti// EXHIBIT B C r c Gtr 4-i 61�19 4a, G ANNEXATION AGREEMENT BET EEN 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 25th day of March, 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, ("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 Pagel of 5 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 Page 2 of 5 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 Page 2 of 5 Id the Property does not result in a change of use of the Property. 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, Page 3 of 5 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. 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. 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. Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first -above written. CITY OF SEBASTIAN PROPERTY OWNER: SHADY REST MHP TRUST By:_ Title: Edward R. Howland, Co -Trustee Typed name of Ofcer.) Carole Wagner, Co -Trustee STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 200_, by , as 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 who has produced as identification. "SEAL" Notary Public My Commission Expires: My Commission Number is: STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of , 200 , by Edward R. Howland, Co -Trustee of the Shady Rest MHP Trust U/A dated December 24, 1985, who is personally known to me or who has produced as identification. "SEAL" Notary Public My Commission Expires: My Commission Number is: STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of 5200 , by Carole Wagner, Co -Trustee of the Shady Rest MHP Trust U/A dated December 24, 1985, who is personally known to me or who has produced as identification. "SEAL" Page 5 of 5 Notary Public My Commission Expires: My Commission Number is: 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 STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Secretary of State Attention: Jeanette Williams, Deputy Clerk Dear Ms. Maio: 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, V'n vV Liz Cloud Program Administrator LC/jru DIRECTOR'S OFFICE R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 850.245.6600 • FAX: 850.245.6735 • TDD: 850 922.4085 • httlr//dlis.dos.state.fl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850245b600 • FAX 850.245.6643 850.245.6600 • FAX 850.245.6744 850245.6700 • FAX: 850 488.4894 LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 • FAX 850.488.9879 850245.6750 • FAX 850 245.6795 850 245 6170 • FAX 850.245.6282 S j ���/// � lam✓ ' "f 2z , A ORDINANCE NO. 0-08-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF RIVERFRONT MIXED USE (RNM FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS MOBILE HOME RENTAL PARK, 8 UNITS PER ACRE (MBRP/M-1) FOR LAND CONSISTING OF 17.14 ACRES, MORE OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council has considered the application of Shady Rest Mobile Home Park, for an amendment to designate an initial land use for certain property considered for annexation from its existing County land use designation as Mobile Home Rental Park, 8 Units Per Acre (MHRP/M-1) to a City designation of Riverfront Mixed Use (RMU); and WHEREAS, the City Council has considered the criteria identified in the Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan; and WHEREAS, the City Council has determined that the proposed changes in the City Comprehensive Land Use Map, are consistent with the existing comprehensive plan and the future development goals of the City of Sebastian. r NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map adopted by this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A" Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected property, and designate the same as Riverfront Mixed Use (RMU) in accordance with the requirements of Florida law. Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163. 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 or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon the concurrence of the issuance of a Notice of Intent by the Florida Department of Community Affairs or other final action finding the amendment herein in compliance, and annexation of the property into the corporate limits of the City of Sebastian. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 11 thday of June 52008, by Councilmember Neglia Councilmember Simchick The motion was seconded by and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice -Mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff aye aye nay aye nay ATTEST: \ f - Sally A. Ma' , MMC City Cler A ""PTI"N The foregoing Ordinance was moved for adoption by Counci motion was seconded by Councilmember the vote was as follows: Mayor Andrea Coy Vice -Mayor Sal Negli Councilmember aternoster CouncilmemWDale Simchick CounciIMemmber Eugene Wolff The and, upon being put to a vote, The Mayor reupon declared this Ordinance duly passed and adopted this day of 200 . See page attached for correction to Council Member names and final adoption date. PASSAGE UPON FIRST READIN The foregoing Ordinance was moved for passage upo first reading this day of 2008, by Councilmember . The motion was seconded by Councilmember and, upo eing put to a vote, the vote was as follows: Mayor Andrea Coy Vice -Mayor Sal Neglia Councilmember Al ernoster Councilmember ale Simchick Councilme er Eugene Wolff ATTEST: Sally A. Maio, CMC City Clerk A T/%"rr1r XT The foregoing Ordinance was moved for adoption by Councilmember Hill . The motion was seconded by Councilmember Coy 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 nay Councilmember Eugene Wolff nay The Mayor thereupon declared this Ordinance duly passed and adopted this 25th day of March , 200 9 . ATTEST: Sally A. Ma' , MMC City Clerk CITY OF SEBASTIAN, FLORIDA By, `- a or Approved as to form and legality for reliance by the City of Sebastian only: City Attorney 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 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" .- e�- GAtb ILb r -' e- '6 2 - ORDINANCE NO. 0-08-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL RIVERFRONT (CR) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS RESIDENTIAL MOBILE HOME, 8 UNITS PER ACRE (10VIH-8) 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 REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Shady Rest Mobile Home Park, has filed a petition for amendment to the Zoning Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council as made the following findings: A. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed use is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result in any adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A". Section 2. ZONING MAP. Zoning on subject property is hereby granted the Commercial Riverfront (CR) zoning designation. The official City Zoning Map shall be amended to include the subject property and reflect this designated zoning district. 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 or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. Following its adoption and authentication by the signatures of the presiding officer and the Clerk of the City Council, this Ordinance shall become effective concurrent with the effectiveness of Ordinance 0-08-01. Hill The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Coy and, 46 4 /LP,GeIe�(o�0 /0 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 r 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: CITY OF SEBASTIAN, FLORIDA 14�1 Bj�: Sally A.Ma' , MMC ayor Richard H. Gillmor City Clerk Approved as to form and legality for reliance by the City of Sebastian: Robert A. Ginsburg, City Atty 4 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 1N 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 I 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" 4 /LP,GeIe�(o�0 /0 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 r 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: CITY OF SEBASTIAN, FLORIDA 14�1 Bj�: Sally A.Ma' , MMC ayor Richard H. Gillmor City Clerk Approved as to form and legality for reliance by the City of Sebastian: Robert A. Ginsburg, City Atty 4 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 1N 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 I 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" Li ti// EXHIBIT B C r c Gtr 4-i 61�19 4a, G ANNEXATION AGREEMENT BET EEN 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 25th day of March, 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, ("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 Pagel of 5 Li ti// EXHIBIT B C r c Gtr 4-i 61�19 4a, G ANNEXATION AGREEMENT BET EEN 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 25th day of March, 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, ("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 Pagel of 5 4 /LP,GeIe�(o�0 /0 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 r 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: CITY OF SEBASTIAN, FLORIDA 14�1 Bj�: Sally A.Ma' , MMC ayor Richard H. Gillmor City Clerk Approved as to form and legality for reliance by the City of Sebastian: Robert A. Ginsburg, City Atty 4 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 1N 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 I 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" 4 /LP,GeIe�(o�0 /0 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 r 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: CITY OF SEBASTIAN, FLORIDA 14�1 Bj�: Sally A.Ma' , MMC ayor Richard H. Gillmor City Clerk Approved as to form and legality for reliance by the City of Sebastian: Robert A. Ginsburg, City Atty 4 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 1N 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 I 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" Li ti// EXHIBIT B C r c Gtr 4-i 61�19 4a, G ANNEXATION AGREEMENT BET EEN 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 25th day of March, 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, ("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 Pagel of 5 Li ti// EXHIBIT B C r c Gtr 4-i 61�19 4a, G ANNEXATION AGREEMENT BET EEN 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 25th day of March, 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, ("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 Pagel of 5 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 Page 2 of 5 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 Page 2 of 5 Id the Property does not result in a change of use of the Property. 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, Page 3 of 5 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. 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. 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. Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first -above written. CITY OF SEBASTIAN PROPERTY OWNER: SHADY REST MHP TRUST By:_ Title: Edward R. Howland, Co -Trustee Typed name of Ofcer.) Carole Wagner, Co -Trustee STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 200_, by , as 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 who has produced as identification. "SEAL" Notary Public My Commission Expires: My Commission Number is: STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of , 200 , by Edward R. Howland, Co -Trustee of the Shady Rest MHP Trust U/A dated December 24, 1985, who is personally known to me or who has produced as identification. "SEAL" Notary Public My Commission Expires: My Commission Number is: STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of 5200 , by Carole Wagner, Co -Trustee of the Shady Rest MHP Trust U/A dated December 24, 1985, who is personally known to me or who has produced as identification. "SEAL" Page 5 of 5 Notary Public My Commission Expires: My Commission Number is: 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 STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Secretary of State Attention: Jeanette Williams, Deputy Clerk Dear Ms. Maio: 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, V'n vV Liz Cloud Program Administrator LC/jru DIRECTOR'S OFFICE R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 850.245.6600 • FAX: 850.245.6735 • TDD: 850 922.4085 • httlr//dlis.dos.state.fl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850245b600 • FAX 850.245.6643 850.245.6600 • FAX 850.245.6744 850245.6700 • FAX: 850 488.4894 LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 • FAX 850.488.9879 850245.6750 • FAX 850 245.6795 850 245 6170 • FAX 850.245.6282 S j ���/// � lam✓ ' "f 2z , A ORDINANCE NO. 0-08-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF RIVERFRONT MIXED USE (RNM FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS MOBILE HOME RENTAL PARK, 8 UNITS PER ACRE (MBRP/M-1) FOR LAND CONSISTING OF 17.14 ACRES, MORE OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council has considered the application of Shady Rest Mobile Home Park, for an amendment to designate an initial land use for certain property considered for annexation from its existing County land use designation as Mobile Home Rental Park, 8 Units Per Acre (MHRP/M-1) to a City designation of Riverfront Mixed Use (RMU); and WHEREAS, the City Council has considered the criteria identified in the Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan; and WHEREAS, the City Council has determined that the proposed changes in the City Comprehensive Land Use Map, are consistent with the existing comprehensive plan and the future development goals of the City of Sebastian. r NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map adopted by this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A" Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected property, and designate the same as Riverfront Mixed Use (RMU) in accordance with the requirements of Florida law. Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163. 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 or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon the concurrence of the issuance of a Notice of Intent by the Florida Department of Community Affairs or other final action finding the amendment herein in compliance, and annexation of the property into the corporate limits of the City of Sebastian. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 11 thday of June 52008, by Councilmember Neglia Councilmember Simchick The motion was seconded by and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice -Mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff aye aye nay aye nay ATTEST: \ f - Sally A. Ma' , MMC City Cler A ""PTI"N The foregoing Ordinance was moved for adoption by Counci motion was seconded by Councilmember the vote was as follows: Mayor Andrea Coy Vice -Mayor Sal Negli Councilmember aternoster CouncilmemWDale Simchick CounciIMemmber Eugene Wolff The and, upon being put to a vote, The Mayor reupon declared this Ordinance duly passed and adopted this day of 200 . See page attached for correction to Council Member names and final adoption date. PASSAGE UPON FIRST READIN The foregoing Ordinance was moved for passage upo first reading this day of 2008, by Councilmember . The motion was seconded by Councilmember and, upo eing put to a vote, the vote was as follows: Mayor Andrea Coy Vice -Mayor Sal Neglia Councilmember Al ernoster Councilmember ale Simchick Councilme er Eugene Wolff ATTEST: Sally A. Maio, CMC City Clerk A T/%"rr1r XT The foregoing Ordinance was moved for adoption by Councilmember Hill . The motion was seconded by Councilmember Coy 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 nay Councilmember Eugene Wolff nay The Mayor thereupon declared this Ordinance duly passed and adopted this 25th day of March , 200 9 . ATTEST: Sally A. Ma' , MMC City Clerk CITY OF SEBASTIAN, FLORIDA By, `- a or Approved as to form and legality for reliance by the City of Sebastian only: City Attorney 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 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" .- e�- GAtb ILb r -' e- '6 2 - ORDINANCE NO. 0-08-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL RIVERFRONT (CR) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS RESIDENTIAL MOBILE HOME, 8 UNITS PER ACRE (10VIH-8) 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 REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Shady Rest Mobile Home Park, has filed a petition for amendment to the Zoning Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council as made the following findings: A. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed use is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result in any adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A". Section 2. ZONING MAP. Zoning on subject property is hereby granted the Commercial Riverfront (CR) zoning designation. The official City Zoning Map shall be amended to include the subject property and reflect this designated zoning district. 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 or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. Following its adoption and authentication by the signatures of the presiding officer and the Clerk of the City Council, this Ordinance shall become effective concurrent with the effectiveness of Ordinance 0-08-01. Hill The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Coy and, 46 Mayor Richard H. Gillmor aye Vice -Mayor Jim Hill aye Councilmember Andrea B. Coy aye Councilmember Dale I. Simchick nay Councilmember Eugene Wolff nay The Mayor thereupon declared this Ordinance duly passed and adopted this 25th day of March 200 9 ATTEST: r Sally A. Ma' , MMC City Clerk CITY OF SEBASTIAN, FLORIDA B, C` ayor Richard H. Gillmor Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City ' orney Mayor Richard H. Gillmor aye Vice -Mayor Jim Hill aye Councilmember Andrea B. Coy aye Councilmember Dale I. Simchick nay Councilmember Eugene Wolff nay The Mayor thereupon declared this Ordinance duly passed and adopted this 25th day of March 200 9 ATTEST: r Sally A. Ma' , MMC City Clerk CITY OF SEBASTIAN, FLORIDA B, C` ayor Richard H. Gillmor Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City ' orney LEGAL DESCRIP77ON 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 REFILEQ 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 1N INDIAN RIVER COUNTY, FLORIDA. EXHIBIT "A"