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HomeMy WebLinkAbout1990 - Extension Request321 21ST STREET, P. O. BOX 5007 VERO BEACH, FL 32961-6007 TEL. (407) 567-1181 AFTER HOURS (407) 231-1586 COMMERCIA V INVESTMENTS FAX (407) 778-9257 EDGAR L. SCHLITT, President November 20, 1990 1 E�EIVE' t40V 2 1 199E Mr. Robb McClary, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mr. McClary: With reference to my inquiry to your office, I would like to formally request an eighteen month extension of the Conceptual Planned Unit Development approval on Collier Place, which was originally initiated by Ted Preston. Due to economic conditions and lack of available financing, Mr. Preston is not able to proceed further, and Mr. Irwin Berlin and myself are current title holders to the property. We are contemplating continuing the same planning concepts that have been presented to you in the past. The reason for the rather extended period of time we are requesting is due to current economic conditions and as it relates to the financing market. There simply are no loans available for development at the present time, but feel that within the next six to nine months, this should start easing up which would give us time to move forward with our overall development and be in a very good position from a marketing stand- point as the area develops a stronger financial economy. If there is any additional information you desire regarding this matter, you might either check with me or Earl Masteller or Steve Moler with their engineering company who is continuing to do the engineering on this project and working on some details for submittal to you. Thank you for any assistance you can give us in this matter. We are looking forward to completing this very beautiful development in Sebastian. e ly Schlitt ELS/rn Counselor of Real Estate, CRE m Specialist in Real Estate Securities, SRS Certified Commercial Investment Member, CCIM ❑ Certified Property Manager, CPM Certified Real Estate Broker, CRB .. City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 SUBJECT: REQUEST FOR TI14E EXTENSION FOR COLLIER PLACE PUD Approved For City Manager Submittal By: G��YGi� L Agenda No. S1, 0 4 Y Dept. Origin Community Development (BC/207 A;"- !(�� Date Submitted 12/07/90 For Agenda Of 12/12/90 Exhibits: Letter dated 11/20/90 Edgar Schlitt Ordinance 0-89-08 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT On June 14, 1989, the City Council adopted Ordinance 0-89-08, which approved the Conceptual Development Plan4val for Collier Place Plan Unit Development. Section 20A-4.9(E)(i) requires the applicant to submit a preliminary development plan within 18 months from approval of the Conceptual Development Plan. Mr. Edgar Schlitt and Mr. Irwin Berlin are now current title holders of the property and they are requesting a time extension of the Conceptual Development Plan for the Plan Unit Development. As stated in Mr. Schlitt's request, due to economic conditions and lack of available financing, Mr. Ted Preston who was the original applicant, is not able to proceed further with the plan unit development. Staff has no objection to City Council approving a time extension of 18 months. RECOMMENDED ACTION Move to direct the City Attorney to draft an ordinance to grant a time extension for Collier Place Plan Unit Development. City of Sebastian r►. POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 SUBJECT: COLLIER PLACE P.U.D. TIME EXTENSION Approved For Submittal By: City Manager EXPENDITURE REQUIRED: AMOUNT BUDGETED: SUMMARY Agenda No Dept. Origin Community Development Date Submitted 4/18/91 (BCV For Agenda Of 4/24/91 Exhibits: Letter from Charlie Nash dated 3/13/91 Certificate of Sale APPROPRIATION REQUIRED: On June 14, 1989, the City Council adopted Ordinance 0-89-08, which approved the Conceptual Development Plan for Collier Place Planned Unit Development. The Land Development Code requires the applicant to submit a Preliminary Development Plan within 18 months from approval of the Conceptual Development Plan. At the City Council's regular meeting of December 12, 1990, the new owners at that time, Mr. Edgar Schlitt and Erwin Berlin requested a time extension of the Conceptual Development Plan for the P.U.D. After reviewing the request, the City Council directed the City Attorney to draft an ordinance to grant a time extension for the Collier Place Planned Unit Development, provided, there was wording within the ordinance concerning the upcoming new airport zoning law. After two months working with the applicant's attorney, Mr. Charlie Nash received a Certificate of Sale from the applicant's attorney indicating that Mr. Schlitt and Mr. Berlin no longer have ownership interest in the property. Since the Conceptual Development Plan for Collier Place P.U.D. has expired and there is no formal request by the current owner to show good cause to extend the Conceptual Plan, staff recommended to the City Council to terminate the Conceptual Development Plan pursuant to Section 20A-4.9 (E) (i) of the Land Development Code. At its regular workshop meeting of April 3, 1991, the City Council approved a motion to hold a public hearing in order to terminate the Conceptual Development Plan. RECOMMENDED ACTION Move to terminate the Conceptual Development Plan for Collier Place Planned Unit Development. q/ 0/5' CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA NOTICE OF PUBLIC HEARING The City Council of the City of Sebastian, Irdi, River County, Florida, pursuant to Section 20A- 4.9.E.3.(i1 of the Lara Development Code of ftCity of Sebastian, will hold a Public Hearing on Wednesdayy. April 24, 1991, at 7:00 P.M., in the Cit CounGl Chambers. City Hell, 1225 Main Street, T i_ . __ ._ .,,,sue, ma taminstion of the Con. 1, Is a property approximately 158 may De maae uy u. —, -- - will need 3proceedingsols madeensure twhich raecordnii tlmoandy, and evidence upon which the 'bu O'Halloran, CMC/AAE 788500 City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 April 11, 1991 Yelen and Yelen, P.A. 1104 Ponce de Leon Boulevard Coral Gables, Florida 33134 RE: Public Hearing Notice - Collier Place PUD TO WHOM IT MAY CONCERN: Enclosed for your information is a public hearing notice regarding the termination of the Conceptual Development Plan for Collier Place PUD. Please inform the property owners as listed on the enclosed recorded Certificate of Title. Thank you. Sincerely, Kathryn M. O'Halloran, CMC/AAE City Clerk Encs. (2) CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA NOTICE OF PUBLIC HEARING The City Council of the City of Sebastian, Indian River County, Florida, pursuant to Section 20A-4.9.E.3.(i) of the Land Development Code of the City of Sebastian, will hold a Public Hearing on Wednesday, April 24, 1991, at 7:00 P.M., in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, to consider the termination of the Conceptual Development Plan for Collier Place Planned Unit Development (PUD) as adopted by Ordinance No. 0-89-08 on June 14, 1989. Collier Place PUD is a property approximately 158 acres in size, more or less, generally located north of Main Street, west and south of the Sebastian Municipal Airport, and east of Roseland Road. Any person who may wish to appeal any decision which may be made by the City Council at this hearing will need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal will be based. Kathryn M. O'Halloran, CMC/AAE City Clerk Publish: Press Journal Wednesday, April 17, 1991 City of Sebastian POST OFFICE BOX 780127 a SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 April 11, 1991 Sandy, Legal Notices Department Vero Beach Press Journal P. 0. Box 1268 Vero Beach, Florida 32960 RE: NOTICE OF PUBLIC HEARING - COLLIER PLACE PUD Dear Sandy: Please publish in the Legal Notices section of the on Wednesday, April 17, 1991, the enclosed Notice Hearing. Thank you. Sincerely, ch;Jei D"'/at4� Kathryn M. O'Halloran, CMC/AAE City Clerk elm Enclosure (pi -Ph) Press Journal of Public PdAl SS POOR COrY IN THE CIRCUIT COURT OF INDIAN RIVER COUNTY, FLORIDA, NINETEENTH JUDICIAL CIRCUIT GENERAL JURISDICTION DIVISION RENEE BOHM, ALLEN FEIG, CROSBERN LIMITED, a Canadian corporation, ELLA SEIDENFELD, BERT W. STRASSBURGER, TEODOR BRAUN, EVA ELIZABETH DAVIS and VERONIKA GRODZINSKI, Plaintiffs, VS. ALPHA INVESTMENTS I, INC., a Delaware corporation, General Partner of Collier Place Limited Partnership, a Delaware Limited Partnership, ED SCHLITT and IRWIN BERLIN, Defendants. CIVIL ACTION NO: 90 458 CA -09 Cr CO W s � OOCi L`:Svl�i:i SIAMTS S • s JEFFflEY K BARTON. CLERK RECORD VERIFIED O INDIAN RIVER COUNTY JEFFREY K. BARTON CLERK CIRCUIT COURT INDIAN RIVER CO.. FLA CERTIFICATE OF TITLE Chapter 45 THE UNDERSIGNED CLERK of this Court certifies that a Certi- ficate of Sale was executed and filed in this action on February 22, 1991, for the property described herein and that objections to the sale have either not been filed within the time allowed by statutory law or, if filed, have been heard by the Court. The property is in Indian River County, Florida and described as follows: Per Attached Exhibit "A" was sold to: RENEE BOHM, as to an undivided 16% interest; ALLEN FEIG, as to an undivided 16% interest; CROSBERN LIMITED, a Canadian corporation, as to an undivided 16% interest; ELLA SEIDENFELD, as to an un- divided 16% interest; BERT W. STRASSBURGER, as to an undivided 16% interest; TEODOR BRAUN, as to an undivided 10% interest; and EVA ELIZABETH DAVIS and VERONIKA GRODZINSKI, as to an undivided 10% interest, c/o Yelen and Yelen, P.A., 1104 Ponce de Leon Bou- ,levard, Coral Gables,.Jaorida 33134 - WITNESS my. ha d''and the 441 of this Court on 1991. C; '•'i` ;,; �JFFREY K. BARTON, Clerk f /^`// 0 „qit`BY. D puty Clerk is 00. M 0 a O Co t:7 ci C=) Cn EXHIBIT Aa Poi� Commencing at the East corner of Section 29 of the Fleming -Grant; run thence South 45 degrees 09 minutes 04 seconds West along the Fleming Grant line for a distance of 3,806.27 feet to the East corner of the parcel herein described being the point of beginning of the property; thence continue South 45 degrees 09 minutes 04 seconds West along said Grant Line for a distance of 3,497.85 feet to a point; thence North 44 degrees 21 minutes 28 seconds West for a distance of 1,977.5 feet to a point; thence North 45 degrees 09 minutes 04 seconds East for a distance of 3,497.85 feet to a point; thence South 44 degrees 21 minutes 28 seconds East for a distance of 1,977.5 feet to the point of beginning, containing 158.84 acres more or less, LESS AND EXCEPTING THEREFROM 68.9 square feet at the West corner of the above described tract within right of way of Roseland Road; and subject to an easement, for roadway purposes, in, on, over and across a strip of land 100 feet wide and 1977.50 feet long on the Southwesternmost side of the aforedescribed tract and a strip of land 100 feet wide and 3497.85 feet long on the Southeasternmost side of the aforedescribed tract of land, lying and being in Indian River County, Florida. 0 a O co tD O r -n FM POOR COP : ,, . IN THE CIRCUIT COURT OF INDIAN RIVER COUNTY. FLOP.IDA NINETEENTH JUDICIAL. :. B,r•L,.:. Allen Fei CASE NO- CIRCUIT '�I'I•ru Limited 8. 9D:C(i58 CA. -q9. , a'Cnnndian Corp•,/ `eideuCeld, Bert W. St rassburger' Teodor i.Iizabe[h Davis and Veronika Crodzinski Braun; Plaintiff vs • ":•i Investments I, Inc. Delaware :tiler OL Collier Place Limited Partnership Corp., General Fartnerst:ip, Ed artnership, a Delaware Schlitt and Irwin Berlin Defendant RC-COFiD VERIFIED . JCFFHEY K. DART* CLERK CIRCUfC COtiRT ON WDIAN RIVER CO FLA CERTIFICATE OF SALE notice The undersigned Of Public 9 Clerk of the Court certifies or Final Jud sale of the Property that Journal 9went was Published Y described in a newspaper circulated in the Vero Beach Pre.sOrder in the manner sho in Indian on February 22 vrt� by the Proof of Publiea River County, Florida*. v sale 1991 the tion attached, and for to the highest and Property was offered Renee %ohm, ABtFbid me ved best was for pq sbur e1-9 rCtos Orn L1.21fteYle P cash. The to w iom5 er T@Pdnr_ Dr c ��,7,a E a >.�i Lwft sufttt*j, eld, retained forpdi�ributionso�he-�z'ka �*^ Jud Proceeds o the sale �Uz�ski Judgment. in accordance with the Order are or Final 4 itITNE'S MY )land and till, n oo] of l'hls Court Ou ui__..... 19�j / ; .............. STB y (Cqurx' Seal•). ��1 :v (,�` I I '�4ne• . JEFFREY K. BARI.ON CLERK By .2.2.-30-3p pcvoo / 00.xd 0000p v FRESE, .,ALLACE, NASH & ToRPY, r. A. ATTORNEYS AT LAW GARY B. FRESEt JAMES H. FALLACE CHARLES IAN NASH* VINCENT G. TORPY. JS. RICHARD E. TORPY GREGORY S. IIANSEN J. PATRICK ANDERSON LAURA L. ANDERSON F. MICHAEL DRISCOLL March 13, 1991 WILLIAM A GRIMM OF COUNSEL VIA HAND DELIVERY Bruce Cooper, Director Community Development City of Sebastian Post Office Box 780127 Sebastian, FL 32978-0127 Re: Collier Place Development Our File No. 88-2596 Dear Bruce: 930 S. HARBOR CITY BLVD. SUITE 505 MELBOURNE. FLORIDA 32901 (407) 984-3300 FAX (407)961-3741 } 13. w CEETIYIEU m TA[ATION BOND) CE.TIPM. IN EETATE 11I.ANNINO.11 P.1111ATr Please be advised that Attorney Fred T. Gallagher provided me with a copy of the Certificate of Sale entered in the mortgage foreclosure action against Ed Schlitt and Irwin Berlin, et al., a copy of which is enclosed with this letter for your reference. Attorney Gallagher advises me that the attorney representing the people who now own the property as listed on the Certificate of Sale is Ms. Jan A. Yellen, 1104 Ponce deLeon Boulevard, Coral Gables, FL 33134. I recommend that a report be made to the City Council advising the City Council that Mr. Schlitt and Mr. Berlin no longer have an ownership interest in the property in question and, therefore, there is no need at this time to pursue passing proposed Ordinance No. 0-91-02. Should you have any further questions regarding this matter or if you need any further action taken by me in this regard, please do not hesitate to contact me. Otherwise, I will close my file in this matter. CIN/dlb Enclosure Very S, FRESEI ALLACE, NASH & TORPY, P.A. C ES IAN NASH City Attorney /1.6/J r IN THE CIRCUIT COURT OF COUNTY, FLORIDA, NINETEENTH •.. lir• L,.+ ',111 POOR COPS: . INDIAN RIVER JUDICIAL, CIRCUIT + c.n I.eig, CASE NO. 90.,•459 rn Limited Corp.',/CA 09 y 'Bert Corp.� ejdenfeld, Bert W. Strassburger; Teodor Braun; .:Jizabeth llavis and Veronika Grodzinski Plaintiff vs • "i'a InvcStments I, Inc.,a Delaware Corp., General rt:rer of Collier Place Limited Partnership, a Delaware tted Partnership, Ed Schlitt and Irwin Berlin :: Defendant RECUR() VERIFIED . JEFFREY K. DARTON CLERK CIRCUIT COURT INDIAN RIVER CO., FLA' �o CERTIFICATE OF SALE -11 The undersigned Clerk of notice Of public eels of the the Court or Final certifies that Journal Judgment was publiehedoperty described in the Order a newspaper circulated in the Vero Beach Press in the manner shown b in Indian River on February 22 y the Proof of Publication county' Florida for public sale to the highest9and trached Re ee the Pr°Petty was offered Ren a %ohm,dA at�pId �; best bidder for cash.' © g - e19' Os6eind Lf Mite e p The tert t spur er �o o w ne th pro ekfY * ar_ O i a h a �v5 su t I e retained for d y do so`�ti' pr6Eeedks .; r „aM distribution in accordanceceeds of the sale are dzi Judgment, with the O „/ VITNESS Ipy hand and th rder or,Final-' e a seal of this Court on ' JEFFREY K. BARTON CLERK By ORDINANCE NO., 0-91-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A PLANNED UNIT DEVELOPMENT; APPROVING THE EXTENSION OF THE TIME FOR FILING A PRELIMINARY DEVELOPMENT PLAN FOR A RESIDENTIAL PLANNED UNIT DEVELOPMENT OCCUPYING A TRACT OF LAND APPROXIMATELY 158 ACRES 1N SLZR, LOCATED IN SECTIONS 28 AND 29 OF TIER PEENING GRANT; PROVIDING FOR AN ADDITIONAL. CONDITION; PROVIDING THAT THE ORDINANCE IS SUPPLEMENTAL; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian previously approved a Conceptual Development Plan for a residential planned unit: development occupying a tract of land approximately 158 acres in size, located in Sections 20 and 29 of the Fleming Grant, City of Sebastian, Indian River County, Florida (hereinafter referred to as the "subject real property"), pursuant to an application submitted by Alpha Investments I, Inc., through the passage of Ordinance No. 0-89-08 effective June 14, 1989; and, WHEREAS, ownership of the subject real property (comprising the residential planned unit development) became vested in Erwin Berlin and Ed Schlitt (hereinafter collectively referred to as the "Owner") by virtue of the Certificate of Title entered on November 16, 1990, by Jeffrey K. Barton, Clerk of the Circuit Court for Indian River County, Florida, and recorded in Official Record Book 0080, Page 1505, on November 16, 1990, in the Public Records of Indian River County, Florida; and, WHEREAS, the Owner has requested that the City Council extend the time for the Owner to file a preliminary development plan for the subject real property, due to the fact that the Owner recently obtained legal title to the subject real property and needs time to arrange for financing of the development of the subject real property; and, WHEREAS, the Florida Legislature enacted several changes to Section 333.03 of Florida Statutes in its 1990 Legislative Session as contained in Chapter 90-136 of the Laws of Florida; and, WHEREAS, Section 333.03(2) of Florida Statutes (Supp. 1990) provides that the City of Sebastian must adopt interim airport land use compatibility zoning regulations which suggest that certain residential construction be discouraged within a certain distance of airport runways; and, WHEREAS, the City Staff is currently engaged in preparing proposed airport land use compatibility regulations to submit to the City Council for its consideration; and, MIEREAS, the Owner of the subject real property has agreed to add a condition to the existing provisions contained in Ordinance No. 0-09-08 regulating the development of the subject real property in consideration for the extension of the time to submit a preliminary development plan for the subject real property; and, WHEREAS, the City Council has determined that the addition of the proposed condition contained in this Ordinance would serve a valid municipal purpose and be in the best interests of the health, safety and welfare of the residents of the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that Section 1. EXTENSION OF TIME LIMIT FOR PRELIMINARY DEVELOPMENT PLAN. The Owner shall submit Its preliminary 2 development plan to the City of Sebastian no later than December 31, 1991, for the subject real property. Section 2. ADDITIONAL CONDITION. The Owner shall provide the City of Sebastian with an avigation easement in a form identical to the avigation easement attached to this Ordinance as Exhibit "A" and incorporated herein by this reference, except that the property de9cription of the real property that will be subject to the avigation easement shall be determined as follows: the real property that shall be subject to the avigation easement to be granted by the Owner to the City of Sebastian shall consist of the smaller of the area contiguous to the Sebastian Municipal Airport measuring one-half (1/2) times the length of the longest runway on either side of and at the end of each runway centerline or the portion of the subject real property contiguous to the Sebastian Municipal Airport which is considered incompatible with the type of construction which would be allowed by the zoning classification currently in effect as determined pursuant to 14 Code of Federal Regulations, Part 150, Appendix A, as determined by a noise study which may be conducted by the City of Sebastian in accordance with the provisions of 14 Code of Federal Regulatione, Part 150. In no event shall the City of Sebastian be obligated to have a noise study conducted unless the Owner provides all of the funding for the noise study. Provided, however, that if no noise study is procured by the City of Sebastian prior to the time that the Owner seeks to obtain approval of the preliminary development plan for the subject real 3 effective immediately upon its adoption. 4 The foregoing Ordinance was moved for adoption by Councilman The motion was seconded by Councilman and, upon being put into a vote, the vote was as follows: Mayor W.E. Conyers Vice -Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1991. CITY OF SEBASTIAN, FLORIDA By: ATTEST: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC AAF. City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1991, and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC AAE City Clerk Approved as to Form and Content: Charts Ian Nash, City Attorney 5 �� �� �•� <<- � � u IV! eel 3rll I kL.,L I ALL .L W1 UG AVIGATION BASEMENT STATE OF FLORIDA ) ) as. COUNTY OF INDIAN RIVER ) THIS INDENTURE, dated this day of 1991, by and between ERWIN BERLIN and ED SCHLITT, (hereinafter collectively called "GRANTOR") and the CITY OF SEBASTIAN, a municipal corporation formed under the laws of the State of Florida, (hereinafter called "GRANTEE"). WHEREAS, the GRANTOR fa the owner of certain premises situate, lying and being in Indian River County, Florida as hereinafter described; and WHEREAS, GRANTEE is the owner and operator of the Sebastian Municipal Airport located in the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration paid by the GRANTEE to the GRANTOR, the receipt and sufficiency of which are hereby acknowledged, the GRANTOR does hereby grant and convey unto the GRANTEE, its successors and assigns, an easement and right-of-way for the over -flight of aircraft in and through the airspace above the following described real property located within Indian River County, to -wits (PROPERTY DESCRIPTION) The GRANTOR hereby gives and grants to the GRANTEE, its successors and assigns, and to all persona lawfully using said airport, free of all liens and encumbrances whatsoever, the right and easement to use the airspace above the GRANTOR'S property and to create noise normally associated with aircraft operation and for avigation purposes and without liability for any necessary, convenient or operational incident, the effects thereof whether as the same presently or in the future exist, but said right or easement hereby granted is to be executed only in a manner reasonably or substantially consistent with the safe and proper flying procedures as promulgated by any regulatory agency of the government of the United States of the State of Florida. The rights and easements hereby granted and conveyed, and the covenants hereby entered into, shell not be construed to deprive the GRANTOR of any claims for injury or damage against any person for negligence whereby injury or damage is caused by actual or direct physical contact, without intervening media, but shall operate and constitute a full, complete and total release, quit claim and discharge of the GRANTEE, its successors and assigns, its agents and employees, and all persons lawfully using the airspace hereby conveyed, from all claims and demands whatever, not solely and proximately resulting from negligent actual or direct physical contact, it being the intent of the GRANTOR herein to waive its right to suit for nuisance and noise incident to the operation of the Sebastian Municipal Airport by the GRANTEE herein. It is not the intent of the GRANTOR to waive its right to sue third parties 2 for negligence by third parties resulting from their operation of aircraft involving actual or direct physical contact. All rights, easements, releases, benefits and estates granted hereunder shall be covenants running with the land as is hereinabove described. In the event the GRANTEE abandons the operation of said airport, all rights herein granted shall cease and revert to the GRANTOR, hie successors or assigns. The GRANTOR warrants and represents to the GRANTEE that the GRANTOR owns the real property which is the subject of this Easement and has the right and power to grant this Easement free and clear of all liens and encumbrances whatsoever. IN WITNESS WHEREOF, said developers in pursuance of their due and legal action, have executed these presents, as of the date first above written. Witness ERW1N BERLI Witness STATE OF FLORIDA COUNTY OF INDIAN RIVER BEFORE ME personally appeared ERWIN BERLIN, to me well known and known to me to be the person described in and who executed the foregoing instrument and acknowledged to and before me that he executed said instrument in the capacity and for the purpose expressed. WITNESS my hand and official seal this day of , 1991. NOTARY PUBLIC My commission expires, 3 Witness ED SCNLITT s STATE OF FLORIDA COUNTY OF INDIAN RIVER BEFORE MR personally appeared ED SCIIL1TT, to me well known and known to me to be the person described in and who executed the foregoing instrument and acknowledged to and before me that he executed said instrument in the capacity and for the purpose expressed. WITNESS my hand and official seal this day of , 1991. NOTARY PUBLIC My commission expires: J I—Lsm, .,GARY $, FRERR} JAMR1 H. FALLACE CRARLEa IAN MARN VIN"X•I• Q, TOnp$ JR. R214 -11C A. SINGER RIOIIAn), ]�., T01 pe aRROORY 19 F'IANREN J• PATRICR ANnEnRON 1V1I-LIAM A. QRIAIN OP (-'011XREL FALLACE, NAS it & ATTORN 20V8 AT LAW December 28 1990 TORPY, P.A. Bruce Coo lper, Director of Co P.O. Bo Of Sebastian Community DevelopmentX 780127 Sebastian, FL 32978 Re: Proposed Ordin Collier Placance Number e Development Our File No.: 88_2596 Dear Bruce: 0-91-02 A30 h3. "Ann011 (•ITr Al,ru. •C1 U1T k 1506 :k ELRU('n N1p. PLOMII, 32401 (407) 084.33011 PAX (407) Bnl-:1741 1 14.-AAb (..I.TIrIL41N T+A 1TInN + Hll+Mu Q61r TIY1kU W 1BNTA" 1•LAN NIN(J AN11 r•uur1AT[ I have enclosed with this letter 91-02 alolig with the proposed the and comment Avi proposed Ordinance gation Agreement for Number p_ Pursuant to our Your review the enclose earlier discuss Masteller d documents to Attorne ' T am also k_ and co via tel a Y Fred Providing a cop"I' comment as well. nd regular U Gallagher and to yl°f S• Mail for Earl N. Lookin their review enclosed drafts atward oYoureearlgesturmeats com with convenience. respect to the Very trul yours, FRESE, LLACE, NASH & TORpy P.A. Charles1I Ian Nash CIN/mw C1tY Attorney Enclosure as stated. CC: Fred Gallagher, Esquire via tH. tel Earl Hecop eerd regular U.S. Mail co viMas an a teleer P E• pier and regular U.S. Mail ORDINANCE NO" 0-91-02 DRAFT AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA ITY OF SEBASTIAN UNIT DEVELOPMBNT•' PERTAINING TO A PLANNED THS TIME FOR FILING AAPPROVING TNI? EX OF PLAN FOR A RESIDENTRELIMI DEVELOP NARY DEVELOPLANNEMENT APPROXIMATELY OCCUPTING A TRACT D UNIT SECTIONS ACRES IN SIZE ,�I�TE IN PROVIbING 2B AND 29 OF THE PROVIDING TgPOR AN AT TME ORDINANCE ADDITIONAL CONDITNG RI Np AHO FPECTIVIDINGFOR STEERABILITyS SUPPLEMENTAL: V8 DATE, PROVIDING FOR WfiEREAs, the City Council approved ptual D of the City of Sebastian previously a Conce evelopment Plan for a residential unit development occupying a tract Planned located in sizeBof land approximate) in Sections 2 Y 158 acres to as t of Se 8 and 29 of the Flemin Sebastian, in R g Grant . he Y, Florida (hereinaCity ��subIver County, referred "subject real property") submitted by Alpha Pursuant to an P Investments application Ordinance N I• Ihc., through the No. 0-89-08 effective passage of iE June 14, 1989 �• Ownershipand, of the subject real k the residential .,;;k Planned Property (compri941g unit development) became vested Berlin and Ed Schlitt "Owner") by (hereinafter co in Erwin llectively referred to as 16, 1990, by the of of the Certificate of Title entered o Jeffrey K, Barton n November River Clerk of the Circuit r County Florid Court a, and recorded for in Official Record Bo 16, 1990, in pk 00801 Page 15051 on November Indian River County, Florida; the Public f, zc ecords of WHEREAS, and, R , the Owner has requested that the time for the Owner to the City Council extend file a preliminary develo fie the subject real property, to th , due P nt plan for Obtained e fact that the O legal title to the subject real Prowrier recently Property and needs time to arrange for financing of the development of the subject real Property; and, W"R2AS, the Florida Legis enacted several changes to Section 333.03 of Florida Statutes in its 1990 Legislative as contained in Chapter 90-136 0# the Laws Session Of Florida; and, WHEREAS' Section 333-03(2) of Florida Statutes (Supp, 1990) provides that the City of Sebastian musk use compatibilityadopt interim airport land zoning regulations which suggest that certain residential construction be discouraged within a certain distance of airport runways; and, WUERP-ASr the City Staff is currently engaged in preparing Proposed airport land use compatibility regulations to submit to the City Council for its consideration; and, WHERPASs the Owner of the sub' add a ]ect real property has agreed to condition to the existing provisions contained in Ordinance No. 0-89-08 regulating the develo in consideration Pment of the subject real propcsf *k: for the extensiony.,,. prelirtiina of the time to submit a Yy development plan for the subject real property; and, the City Council has determined that the addition of WHERE the proposed condition contained valid municipal In this Ordinance would serve a Purpose and be in the best Interests of the health, safety and welfare of the residents of the City of Sebastian. tr NOW, THEREFORE, BE IT O RDAINED BY THE CITY COUNCIL OF THE CITY OP SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that ectio 1. EXTENSION DEVELOPMENT PLAN.OF TINE LIMIT FOR PRELIMINARY The Owner shall submit its preliminary 2 12/28/90 17:21 V 407 951 3741 FRESE FALLACE � 05 development plan to the City of Sebastian no later than December 31, 1991, for the subject real property. P y• :V•kk, Section 2, ADDITIONAL CONDITION. The Owner shall provide'the City of Sebastian with an avigation easement in a form identical to the avigation easement attached to this Ordinance as Exhibit "A" and incorporated herein by this reference, except that the property description of the real property that will be subject to the avigation easement shall be determined as follows: the real property that shall be subject to the avigation easement to be granted by the Owner to the City of Sebastian shall consist of the smaller of the area contiguous to the Sebastian Municipal Airport measuring one and one-half times the length of the longest runway on either side of and at the end of each runway centerline or the portion of the subject real property contiguous to the Sebastian Municipal Airport which is considered incompatible with the type Property, then the real property that shall be subject to the Avigation Easement to be granted by the Owner to the City of Sebastian shall consist of the area contiguous to the Sebastian Municipal Airport measuring one and one-half times the length of the longest runway on either side of and at the end of each runway centerline. The avigation easement shall be provided by the Owner to the City of Sebastian prior to the approval of the preliminary development plan for the subject real property. $ection 3a ORDINANCE SUPPLEMENTAL. The provisions of this Ordinance are supplemental, in addition to, and not in derogation Of, all existing Ordinances effective in the City of Sebastian, Indian River County, Florida, including Ordinance No. 0--89-08, except to the extent specifically inconsistent with the provisions Of this Ordinance. Section 4 SEVERABILITY. In the event a court of com et Jurisdiction shall hold or determine that any part of thlis 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 provision. It shall further be assumed that the City Council would have enacted the remainder of tHis Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall become effective .immediately upon its adoption. 4 The foregoing Ordinance was moved for adoption by Councilman . The motion was seconded by Councilman and, upon being put into a vote, the vote was as Follows: Mayor W.E. Conyers Vice -Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Ordinance duly passed and adopted this day of ATTEST: DRAFT Kathryn M. O'Halloran, CMC AAE City Clerk 1991. CITY OF SEBASTi1#N�R n� By--- F W. E. Conyers, Mayor I HEREBY CERTIFY that notice of Ordinance was public hearing on this published in the Vero Beach Press Journal as required by State Statute, that one public hearing was Ordinance at 7:00 p,m, on the held on th that followingsaid g day °f 1991, City Council. Public hearin this Ordinanc 'was Hw passed by the' t DRAFT Kathryn M. O'Halloran, CMC AAE City Clerk Approved as to Form and Contents Eh—ay-Leu ian Na6fP,RAy°Attorney 1 "I_GA_TION ZA EMENT D `,41: T STATE OF FLORIDA ) COUNTY OF INDIAN RIVER � Be. THIS INDENTURE, dated this day of 1991, by and between ERWIN BERLIN and ED SCHLITT, (hereinafter collectively called "GRANTOR") and the CITY OF SEBASTIAN, a municipal corporation formed under the laws of the State of Florida, (hereinafter called "GRANTEE'). WHEREAS, the GRANTOR is the owner of certain premises situate, lying and being in Indian River County, Florida as hereinafter described; and WHEREAS, GRANTEE is the owner and operator of the Sebastian Municipal Airport located in the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) a d other good and valuable consideration paid by the GRANTEE to GRANTOR, the receipt and sufficiency of which are hereby acknowledged, the GRANTOR does hereby grant and convey unto the GRANTEE, its successors and assigns, an easement and right-of-way for the over -flight of aircraft in and through the airspace above the following described real property located within Indian River County, to -wit: : (PROPERTY DESCRIPTION) The GRANTOR hereby gives and grants to the GRANTEE, its successors and assigns, and to all persons lawfully using said airport, free of all liens and encumbrances whatsoever, the right and easement to use the airspace above the GRANTOR'S property and to create noise normally associated with aircraft operation and for avigation purposes and without liability for any necessary, convenient or operational incident, the effects thereof whether as the same presently or in the future exist, but said right or easement hereby granted is to be executed only in a manner reasonably or substantially consistent with the safe and proper flying procedures as promulgated by any regulatory agency of the government of the United States of the State of Florida. The rights and easements hereby granted and conveyed, and the covenants hereby entered into, shall not be construed to deprive the GRANTOR of any claims for injury or damage against any person for negligence whereby injury j ry or damage is caused by actual k direct physical contact intervening � without iq media, but shall , operate and constitute a full, complete and total release, quit Claim and discharge of the GRANTEE, its successors and assigns, its agents and employees, and all persons lawfully using the airspace hereby conveyed, from all claims and demands whatever, not solely and proximately resulting from negligent actual or directh contact, it being the intent of the p ysic�� right to suit for nuisance and noise incident torein to waive its the Sebastian Municipal Airport b the operation of y the GRANTEE herein. `a All rights, easements, releases hereunder benefits and estates granted shall be covenants running with the land as is hereinabove described. In the event the GRANTEE airport, all abandons the operation of said rights herein granted shall GRANTOR cease and revert to the his successors or assigns, The GRANTOR warrants GRANTOR owns the and represents to the GRANTEE that the real property which is the subject of this Easement and has the right and power to grant this Easement free and clear of all liens and encumbrances whatsoever. IN WITNESS WHEREOF, said develo and le peTg in Pursuance of their due gal action, have executed these presents, first above written. as of the date itnesa DRQ', F -r ERWIN BERLIN Wit73.SS STATE OF FLORIDA COUNTY OF INDIAN RIVER and 9EFORE ME personally a known to me to be the ppeared ERWIN B8RLIN foregoing inst person describe ' to me well known executed rent and acknowled d in and who executed the expressed said instrument in the acknowledged to and before Me capacitY and for that he WITNESS MY hand and official se the purpose 1991, seal this �— day of It MY commission expires: NOTARY PUBLIC 3 triess Witness STATE OF FLORIDA COUNTY OF INDIAN RIVER ED SCHiL 1TT D.'" t E-'' $SPORE ME personally appeared ED known to me to be the person described inT` to me well known and foregoing instrument and acknowledgedacid who executed the executed said instrument in the to and expressed. before me that he pacity and for the purpose WITNESS MY hand and official seal this r 1991. day of My commission expires: NOTARY PUBLIC 4 n., .r.,l ..I-11 ILL.:. I ALLAIc •I FRS^„ FAL1_ACN, ti,\.S 11 & TuRP,^'�,:>_. ASTow,r S4.%T Lm, O.,nY S. FRENRt CIIAR40R Lv1 V„4N VINICIT G. Tunny. SO. ELue A. SINOEn IZISIIARb E. TORP, GREbORY S. H.W 9EV J. PATRICK aNnr,,a, WILLIdV A. GR1MV OP COUNSEL FAX NO.: FAX TRANSMITTAL SHEET -�'f 1- S57,0 DELIVER TO: /PU�6 COMP U U1 600 S. FL.mmm r]ITI S, ITP iU:, MULOOOnerr.. FLOA11,32001 I40T)p94-0JOp T.LX (407) 061 J T It t lln,n. Ceenrranry Swnov • Ox. a Cannneo ix ExT•rn Puxxixn .xo Fxnn.ra FROM: 61111 .el" /A / Nltsf/ DATE: 1,7- 31-10 TIME SENT: TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): Re: _eel-lltg 4e fCF FRESE, FALLACE, NASH & TORPY, P.A. FILE NO.: If- ; 5-,l 4, IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL: /17410;r