HomeMy WebLinkAbout2010 - Vacation of a Portion of Fischer Lake IslandMY Lf
SEBASTIAN
'CJI
HOME OF PELICAN ISLAND
1225 MAIN STREET = SEBASTIAN, FL 32958
(772)589-5330 •(772)589-5570 fax
May 18, 2010
The Honorable Peter O'Bryan, Chair
& Members of the Indian River County Board of Commission
1801 27" Street
Vero Beach, FL 32960
RE., Vacation of a Portion of Fischer Lake Island, Phase Seven
Dear Chairman O'Bryan and Members of the Commission:
At their May 12'h meeting, Sebastian City Council made a motion to approve Resolution
R-10-10 vacating the Fischer Lake Island, Phase Seven Subdivision plat as recorded with the
Indian River County Clerk of Circuit Court in Plat Book 19, Pages 89-90, Docket No. 1685969.
Please find enclosed a certified copy of the resolution as required by F.S.177.101(4).
If you have any questions regarding Council's action, please do not hesitate to contact the
City Manager, AI Minner at 388-8200.
Sincerely,
Sally A. aio, MMC
City Clerk
Sam/jw
Enclosure
I, Sally Maio, do hereby certify that this is a true and correct copy of Resolution No. R-10-10, as adopted by the Sebastian City
Council on May 12th, 2010.
1 hereby affix my signature this 18th day of May, 2010. �---
Sa�ly MMC : City Clerk
RESOLUTION NO. R-10-10
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, TO VACATE AND ANNUL THE FISCHER
LAKE ISLAND, PHASE SEVEN SUBDIVISION PLAT,
PROVIDING FOR CONFLICTS; PROVIDING FOR RECORDING;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, due to a surveying error, certain land was included in the legal
description for the Fischer Lake Island, Phase Seven subdivision plat, recorded in Plat
Book 19, Page 89 of the Public Records of Indian River County, Florida (the "Plat'), that
was not owned by the developer; and
WHEREAS, in order to remove the non -owned land that had been inadvertently
included in Lot 3 on the Plat and correct the legal description, it was necessary to prepare
and record the Replat of a Portion of Fischer Lake Island, Phase Seven (the "Replay);
and
WHEREAS, the Plat contained only three (3) lots and all of the lots are still
owned by the original developer; and
WHEREAS, the Replat has not resulted in the removal or relocation of any
access roads, easements or utilities contained within the Plat; and
WHEREAS, the developer as owner of all of the land within the Plat has
requested that the Plat be vacated and annulled.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF SEBASTIAN, as follows:
Section 1. VACATION OF PLAT. The City Council of the City of
Sebastian, Florida does hereby vacate and annul the Fischer Lake Island, Phase Seven
subdivision plat recorded in Plat Book 19, Page 89 of the Public Records of Indian River
County, Florida.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. RECORDING. A certified copy of this Resolution shall be
recorded in the public records of Indian River County, Florida.
Section 4. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
or
The foregoing Resolution was moved for adoption by Councilmember
Hill The motion was seconded by Councilmember
and, upon being put into vote, the vote was as follows:
Mayor Richard Gillmor
Vice -Mayor Jim Hill
Councilmember Andrea Coy
Councilmember Eugene Wolff
Councilmember Don Wright
aye
aye
absent
The Mayor thereupon declared this Resolution duly passed and adopted this 12th day of
May . 2010.
ATT S
Sally A. M,06, MMC
City Clerk
Pa
CITY OF SE]' A I n FLORIDA
By:
Richard IT.Millmor, Mayor
Approved as to form and legality for
reliance
by the City of Sebastian
only:
�
Robert A. Ginsburg, City ttomey
MY OF
SE�T�N
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Resolution R-10-10 Vacation of
Agenda No. 10. 1)$(y
Plat, Fischer Lake Island, Phase Seven
Subdivision
Department Origin: Growth Manaltemen
Purchasing/Contracting:
Finance Director:
Ap ov r Submittal by: City Manager
City Attorney:
City Clerk: —moo
A n er
Date Submitted: 4-23-2010
For Agenda of: 5-12-2010
Exhibits: Resolution R-10-10, Plat, Dill letter dated 4-23-09
EXPENDITURE REQUIRED:
AMOUNT BUDGETED:
APPROPRIATION
None
REQUIRED:
SUMMARY
The plat for Fischer Lake Island, Phase Seven was approved by City Council in 2005. Between the
time of the preliminary plat approval and the final plat approval, Dr. Fischer sold some land along
both sides of the St. Sebastian River to the county for environmental conservation. When the
surveyor prepared the final plat, a small portion of the County land was erroneously included in Lot
3.
To correct the surveyor's error, vacation of the original (Phase Seven) plat is necessary, followed by
the approval of a replat with a corrected legal description (separate agenda item for Resolution R-10-
11).
RECOMMENDED ACTION
"Move to approve Resolution R-10-10, vacating the Fischer Lake Island, Phase Seven Subdivision
Plat."
WARREN W. DILL
Also admitted in
Wyoming
Nebraska
DILL & EVANS, P.L.
ATTORNEYS AT LAW
1565 US Highway 1
Sebastian, Florida 32958
April 23, 2009
VIA HAND DELIVEY:
Rebecca Grohall, AICP
Growth Management Director
City of Sebastian
1225 Main Street
Sebastian, FL 32958
RE: Fischer Lake Island, Phase Seven Replat
Dear Rebecca:
JOHN G. EVANS
Also Admitted in
California
MICHELLE D. NAPIER
APR 2 3 2009
I have enclosed the following documents on behalf of Dr. Henry A. Fischer:
1. Development Order Application for final Plat approval for Fischer
Lake Island, Phase Seven Replat.
2. Twelve (12) copies of the Plat.
3. Check for $500 for the final Plat application fee.
4. Indian River County Property Appraiser information sheets for each
Lot.
The reason this replat is to correct a surveying error in the legal description for
Lot 3 by deleting the cross -hatched area adjoint to the Lot. This cross -hatched area
should not have been included in the original Plat for Phase Seven, because it was not
owned by Dr. Fischer. Several years before Phase Seven was platted, Dr. Fischer sold all
of his land on both sides of the St. Sebastian River to the County for environmental
conservation. The cross -hatched area was included in this sale. The County
subsequently transferred this environmental land to the State of Florida. See Attachment
"A" to the Application for further discussion.
A replat is considered to vacate and annul all of the prior Plat encompassed by the
replat. See Section 177.101(2) F.S. However, in our situation we are purposely
excluding the cross -hatched area from the replat. Therefore, it will be necessary for the
City Council to adopt and record a separate resolution vacating and annulling the original
Phase Seven Plat. If this resolution is not adopted and recorded in the public records the
cross -hatched area would still be platted, which would defeat the intent of what we are
trying to accomplish by the replat.
Tel: (772) 589-1212 • Fax: (772) 589-5212
Rebecca Grohall, AICP
Growth Management Director
April 23, 2009
Page 2 of 2
In conclusion two (2) resolutions will be necessary, the first resolution would vacate and
annul the Plat for Phase Seven which is recorded in Plat Book 19, Page 89, and the
second resolution would approve the Phase Seven Replat.
If you have any questions, I will be happy to review this with you.
Very truly yours,
Warren W. Dill
W WD/jlb
Enclosure
cc: Dr. Henry A. Fischer (w/encl)
SEBAST1
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Resolution R-10-11 Approving
Agenda No. I�. OS%
Replat of a Portion of Fischer Lake Island,
Phase Seven
Department Origin: Growth Mang em
Purchasing/Contracting:
Finance Director-
ubmittal by: City Manager
City Attorney:
U4n
City Clerk:
Date Submitted: 4-23-2010
For Agenda of: 5-12-2010
Exhibits: Resolution R-10-1 1, Replat, Application, City Surveyor's Approval, City Engineer's
Approval, Clerk of Court Approval
EXPENDITURE REQUIRED:
AMOUNT BUDGETED:
APPROPRIATION
None
REQUIRED:
SUMMARY
The Replat of a Portion of Fischer Lake Island, Phase Seven has been prepared to correct a surveying
error in the legal description of Lot 3. That portion of Lot 3 which had been inadvertently included
in the original plat is shown on the replat as the cross -hatched area. Except for the revised legal
description of Lot 3, this replat is the same as the original plat for Phase Seven. The sole purpose of
this replat is to correct a surveying error on the original plat.
All engineering, and surveying details have been satisfied in accordance with Florida Statutes, as
reviewed by consultants Stuart Houston, PLS. of Houston, Schulke, Bittle & Stoddard, Inc.(as City
Surveyor), and Frank Watanabe, P.E., Neel -Schaffer, Inc. (as City Engineer). The plat has also been
reviewed by the City Attorney.
The copy of the plat in your packets has only the signature of the preparer. However, the mylar has
all required signatures, except those pending final approval by City Council.
RECOMMENDED ACTION
"Move to approve Resolution R-10-11, approving Replat of a Portion of Fischer Lake Island,
Phase Seven."
Permit Application No. bo cl _&)(
City of Sebastian
Development Order Application
Applicant (If not owner, written authorization (notarized) from owner is required)
Name: Henry Anthony Fischer
Address: P.O. Box 780068, Sebastian, Florida 32978-0068
Phone Number: (772) 589-3959 - FAX Number: () -
E -Mail:
Owner (If different from applicant)
Name: Same as Applicant
Address:
Phone Number: () - FAX Number: () -
E -Mail:
Title of permit or action requested: Final Plat Approval for Fischer Lake Island, Phase Seven Replat
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project Name (if applicable): Fischer Lake Island, Phase Seven Replat
B. Site Information
Address: Eagle Circle, Sebastian, Florida 32958
Lot: Block: U nit: Subdivision:
See attached Property Appraiser's Office Records Sheet
Indian River County Parcel #: 31-38-14-00014-0000-00001.0/ 2.0/ 3.0
Zoning Classification: RS -20 Future Land Use: Very Low Density Residential (VLDR)
Existing Use: Single Family Lots Proposed Use: Single Family Lots
purpose
extra sheets if necessary):
See Attachment "A"
permit or
DATE RECEIVED: I A31 cl FEE PAID: $ FJ Dl� � RECEIVED BY:
77 or;'!!7
A �� 7009
Permit Application No.
D. Project Personnel:
Agent:
Name: N/A
Address
Phone Number: () - FAX Number: () -
E -Mail:
Attorney:
Name: Warren W. Dill
Address: Dill & Evans, P.L., 1565 US Highway 1, Sebastian, Florida 32958
Phone Number: (772) 589-1212 - FAX Number: (772) 589-5212
E -Mail: wdilldelaw@bellsouth.net
Engineer:
Name: N/A
Address
Phone Number: () - FAX Number:
E -Mail:
Surveyor:
Name: Masterller, Moler, Reed & Taylor
Address: 1655 27th Avenue, Vero Beach, Florida 32960
Phone Number: (772) 564-8050 - FAX Number: (772) 794-0647
E -Mail:
I, Henry AAANTHE
IRST DULY SWORN , DEPOSE AND SAY THAT: I AM THE OWNER _ I
AM THE LTIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATILL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
ACCURATE BEST OF MY KNOWLEDGE AND BELIEF.
os o L-1.-- 0q
SIGNATU E V Date
SWORN TO AND SUBSCRIBED BEFORE ME BY Henry A. Fischer
WHO IS PERSONALLY KNOWN TO ME OR PRODUCE
AS IDENTIFICATION, THIS DAY OF%yj, 2009.
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION NO./EXPIRATIOI
SEAL:
,'pff;;: L^mires May 1, 20 Is)
,Bun.
F Permit Application No.
aruUy Supplemental Information
Final Plat Approval
HCWE DF PEEKM 15MD
1. The following information is required on all final plats:
X a. Name of subdivision.
X b. Title Block.
X c. Legal Description.
X d. Index Sheet.
X e. The final plat shall comply with Chapter 177, Florida Statutes, and shall
show all lengths of arcs together with central angles, radii, and points o
curvature.
_)Lf. Scale.
X g. North arrow on every sheet. Bearing or azimuth reference shall be clearly
stated on the face or first page of the plat.
X h. The point of beginning shall be boldly showr.
X i. All intersecting street right-of-ways shall be joined by the long cord of
minimum radius of twenty-five feet and all dimensions shown.
X j. All adjoining property shall be identified by a subdivision title, plat book
and page or, if unplatted, the land shall be so designated.
N/A k. If the proposed plat borders upon any public water bodies, delineate the
mean high water line.
X I. Permanent reference markers shall be shown
X m. In the upper right hand corner, provide a three-inch by five -inch space to
be used by the Clerk of the Circuit Court for recording information.
X n. The plat shall be accurate within 0.01 foot and shall be tied accurately to
all township, range, and section lines.
X o. On the cover sheet or first page show a vicinity sketch.
Xp. Lots and blocks shall be numbered or lettered.
X q. The plat shall contain the name of each street shown.
X r. All right-of-way and easement widths and dimensions shall be shown on
the plat.
Permit Application No.
2. Attached the following:
X a. Twelve copies of the final plat. (Two sets must be sealed.)
_ b. Three sealed sets of as -built plans. The Asbuilt plans are of record
with the City.
ATTACHMENT "A"
TO
DEVELOPMENT ORDER APPLICATION
C. Detailed description of proposed activity and purpose of the requested
action.
The Plat for Fischer Lake Island, Phase Seven was approved by the City on
September 14, 2005 and recorded in Plat Book 19, Page 89 of the Public Records of
Indian River County, Florida. When the Plat was prepared by James A. Fowler, P.S.M.,
Lot 3 contained a small portion of land that had been previously conveyed to Indian
River County by Warranty Deed recorded in Official Records Book 1134, Page 1300 of
the Public Records of Indian River County, Florida.
The inadvertently included land in Lot 3 is shown on the replat as the cross-
hatched area. See also General Note No. 8) on page 2 of the Phase Seven Replat for a
confirming explanation.
Except for the revised legal description to accurately describe Lot 3, this
replat is the same as the original Plat for Phase Seven. There are no new impacts created
by this Plat. The sole purpose of this replat is to correct a surveying error for Lot 3 on the
original Plat for Phase Seven.
,..u,." ao,cu,u twY,u, raga 1 UA 1
Jan King
From: STUART [stuarthsbs@bellsouth.net]
Sent: Monday, November 23, 2009 3:13 PM
To: Jan King
Subject: Re: Fischer Lake Island Replat
Ms. King,
It looks O.K. to me.
Thanks,
Stuart A. Houston, PLS
Houston, Schulke, Bittle & Stoddard, Inc.
1717 Indian River Blvd., Suite 101
Vero Beach, FI. 32960
phone(772)794-1213
fax (772)794-1096
stuarthsbsCulbellsouth.net -
-- Original Message —
From: Jan King
To: STUART
Sent: Monday, November 23, 2009 2:49 PM
Subject: Fischer Lake Island Replat
Attached is a resubmittal of the final plat for Fischer Lake Island replat. I believe they have addressed all your
comments as well as mine.
Please let me know if you are okay with it now. If so, I will direct them to prepare the mylar for signatures and final
approval by City Ccouncil.
Jan King, Manager
Growth Management Department
City of Sebastian
(772) 589-5518
fax (772) 388-8248
jking@cityofsebastian.org
<<20091123143138853_0001.tif>> <<20091123143138853_0002.tif>> <<GM0352_OOO.pdf>>
11/23/2009
hL NEEL—SCHAFFER
_ Seludons you uon 6u//d upon
MEMORANDUM
TO: Rebecca Grohall, Growth Management Director, City of Sebastian
FROM: Frank Watanabe, Neel -Schaffer Consutlant Engineer /
DATE: July 20, 2009
SUBJECT: Review of the Fischer Lake Island Replat
Neel -Schaffer, Inc. has reviewed the submitted Fischer Lake Island Replat plans and the
development order application dated April 23, 2009. Based on our review, we have the
following comments.
1. Verified that the described Lot No. 3 has been removed from the Fischer Lake Island
Phase Seven Replat plan.
2. Based on the revision, we are ok with the plat plans. We are ok to sign the final
original replat plans as the "City Engineer" for the City to process.
If you have any questions, please call me at (772) 770-4707.
� Y �-
JUL 2 0 2009
Pal
Memorandum
To: Board of County Commissioners Indian River County
From: Jeffrey K. Barton, Clerk of the Court
Re: Plat Approval
Date: March 19th 2010
Owner or Agent MASTELLER, MOLER, REED & TAYLOR INC.
Plat Name: REPLAT OF A PORTION OF FISCHER LAKE ISLAND, PHASE SEVEN
Number of pages: 2
The above-named plat has been examined and appears to meet the state requirements for
permanency in Florida Statutes 177.091(1) and the County Ordinance regarding minimum
letter size.
The following items need to be reviewed for conformity with other provisions in F.S. 177
and the County Ordinance:
1.
2.
3.
4.
61
3. K. , CLERK OF CIRCUIT COURT `` 'o— �CouryTyc
Depu Clerk, Records Division ;yo'•.
' R cout'11 f ,1`%%
177.101 Vacation and annulment of plats subdividing land.—
(1) Whenever it is discovered, after the plat has been recorded in the public records, that the developer has previously
caused the lands embraced in the second plat to be differently subdivided under and by virtue of another plat of the
same identical lands, and the first plat was also filed of public record at an earlier date, and no conveyances of lots by
reference to the first plat so filed appears of record in such county, the governing body of the county is authorized and
directed to and shall, by resolution, vacate and annul the first plat of such lands appearing of record upon the
application of the developer of such lands under the first plat or upon application of the owners of all the lots shown and
designated upon the second and subsequent plat of such lands, and the circuit court clerk of the county shall thereupon
make proper notation of the annulment of such plat upon the face of such annulled plat.
(2) Whenever it is discovered that after the filing of a plat subdividing a parcel of land located in the county, the
developer of the lands therein and thereby subdivided did cause such lands embraced in said plat, or a part thereof, to
be again and subsequently differently subdivided under another plat of the same and identical lands or a part thereof,
which said second plat was also filed at a later date; and it is further made to appear to the governing body of the county
that the filing and recording of the second plat would not materially affect the right of convenient access to lots
previously conveyed under the first plat, the governing body of the county is authorized by resolution to vacate and
annul so much of the first plat of such lands appearing of record as are included in the second plat, upon application of
the owners and developer of such lands under the first plat or their successors, grantees, or assignees, and the circuit
court clerk of the county shall thereupon make proper notation of the action of the governing body upon the face of the
first plat. The approval of a replat by the governing body of a local government, which encompasses lands embraced in
all or part of a prior plat filed of public record shall, upon recordation of the replat, automatically and simultaneously
vacate and annul all of the prior plat encompassed by the replat.
(3) The governing bodies of the counties of the state may adopt resolutions vacating plats in whole or in part of
subdivisions in said counties, returning the property covered by such plats either in whole or in part into acreage. Before
such resolution of vacating any plat either in whole or in part shall be entered by the governing body of a county, it must
be shown that the persons making application for said vacation own the fee simple title to the whole or that part of the
tract covered by the plat sought to be vacated, and it must be further shown that the vacation by the governing body of
the county will not affect the ownership or right of convenient access of persons owning other parts of the subdivision.
(4) Persons making application for vacations of plats either in whole or in part shall give notice of their intention to apply
to the governing body of the county to vacate said plat by publishing legal notice in a newspaper of general circulation in
the county in which the tract or parcel of land is located, in not less than two weekly issues of said paper, and must
attacii- lohe petition for vacation the proof of such publication, together with certificates showing that all state and
county taxes have been paid. For the purpose of the tax collector's certification that state, county, and municipal taxes
have been paid, the taxes shall be deemed to have been paid if, in addition to any partial payment under s. 194.171, the
owner of the platted lands sought to be vacated shall post a cash bond, approved by the tax collector of the county
where the land is located and by the Department of Revenue, conditioned to pay the full amount of any judgment
entered pursuant to s. 194.192 adverse to the person making partial payment, including all costs, interest, and
penalties. The circuit court shall fix the amount of said bond by order, after considering the reasonable timeframe for
such litigation and all other relevant factors; and a certified copy of such approval, order, and cash bond shall be
attached to the application. If such tract or parcel of land is within the corporate limits of any incorporated city or town
the governing bod of the county shall befurnish with a certified copy of a resolution f the town council or city
commission, as the case may be, showing that it has already by suitame resolution vacsf rTsuc o a ori or
(5) Every such resolution by the governing body shall have the effect of vacating all streets and alleys which have not
become highways necessary for use by the traveling public. Such vacation shall not become effective until a cert
copy of such resolution has been filed in the offices of the circus cou an u v recorded in the nuhlic recnrda of
(6) All resolutions vacating plats by the governing body of a county prior to September 1, 1971, are hereby validated,
ratified, and confirmed. Such resolutions shall have the same effect as if the plat had been vacated after September 1,
1971. 6 �j,/j� �-d
� C2M/
��6v.
WARREN W. DILL
Also admitted in
Wyoming
Nebraska
G o w' -i 7a C-(-) y C. L�- R K
DILL & EVANs, P.L.
ATTORNEYS AT LAW
1565 US Highway I
Sebastian, Florida 32958
May 13, 2010
Rebecca Grohall, AICP
Growth Management Director
City of Sebastian
1225 Main Street
Sebastian, FL 32958
RE: Fischer Lake Island, Phase Seven Replat
Dear Rebecca:
JOHN G. EVANS
Also Admitted in
Califomia
MICHELLE D. NAPIER
I am sure you are aware of the statutory requirements once a resolution is adopted
vacating a plat, but just in case see Section 177.101(4) and (5). A certified copy of
Resolution No. R-10-10 needs to be sent to the County Commission and a certified copy
must be recorded in the Clerk of Court's office.
Thank you for your assistance in processing the vacation and replat for Phase
Seven.
Very truly yours,
Warren W. Dill
W WD/jlb
cc: Dr. Henry A. Fischer
Tel: (772) 589-1212 • Fax: (772) 589-5212
Email: delawI @bellsouth.net
�SR"Qri�d4�'.
MAY 14 2019
P fit. Z Growth Mrml