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Home My WebLink About1989 - Voluntary AnnexationCity of Sebastian 11=41 POST OFFICE BOX 780127 o SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 M E M 0 June 20, 1989 TO: Mayor Votapka City Council THROUGH: Robert McClary City Manager FROM: Bruce Cooper Director of Community Developme� RE: Annexations, Rezonings, Land UsCLLLCCee Amendments On July 12, 1989, the City Council will take final action on Ordinances 0-8-29 thru 0-88-42 which affects six separate parcels of land. Three parcels (Sebastian Lakes, Vickers and Humphrey) are within the City Limits of Sebastian and the remaining three (Morchesky, DeCristofaro, and Flatt) are proposed to be annexed. All six parcels are required and have been sent to the Department of Community Affairs for their review and comments due to the amendment of the City's Land Use Map. I have talked with the Department of Community Affairs and they have assured me that their comments are strictly advisory and the final decision must be made by the City Council. Staff has attempted to place all correspondence in chronological order which should give the proper prospective of each case. T 68/ZT/L - 0NIHYHH OI'IHnd 68/0£/9 - SaY 'IYos'I aHSI.LHHAQY `JNIHYHH OIZHnd 68/L/9 - JNI2IYHH OI'IHnd do HOIION Hod SHHNMO AIHHd02Id `JNIQNnODUnS Os S*dSss3'I 88/0£/TT - JNIQYsH IST 88/T£/OT - A'INO JNIQYSH IST do SOIION Hod) S2IHNMo ALUHdOUd 0NIaNnoauris OI sgaiiH'I JNINOZHU AHHHdwnH - ££-88-0 'ON soNYNIauo 68/ZT/L - ONI2IYHH OI'IHnd an 68/g/L - dYW/M SJYd ii/T GaSIL2ISAQY DNIHYHH oIuand aNZ 68/TT/9 - YOa WOHd 2IsIIs'I 68/OZ/Z - YOa os aSILIWSNYHl 88/0£/TT - 0NI2IYHH oI'IHnd SST aNY JNIQYHU IST 88/TZ/TT - dYW/M HJYd V/T aHSIl2IHAQY ONIEVSH OI'IBnd IST 88/T£/OT - SUSIMM0. 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Xq ase suOT:;J2 -r-re - pe:;ou asTMzaq:.o ssajunf SNOLLDV axv SMLIVQ NOISIM(Igns aAOx-9s axolA Z pagdope aoupuipao buiuTmpups LZ -88-O buipeaa qsT - saaoe SE •xoadde - buTuozaa saaxOTA TE -88-0 VOQ 04 gTulsueaq - buTapaq OTTgnd pup buippaa qsT - saaoe SE ATagpu[Txoadde - quaulpuaule ueTd asn pueT SaaxoTA 0E-88-0 88/OC/TT 88/OE/TT ao3 buiapaq oTTgnd qas - bUTpeaa qsT - (q;eaP Pad LZ -88-0 88/Z/TT 88/9Z/OT ao; BUTpeaa qsT qas pup MaTAaa - (q;pap puZ) LZ -88-0 88/S/ol TTOunOO AgTO Oq T2Aoadde puammooaa - buTuozaa PUP quaulpuaule ueTd asn PUVq aATsuagaaduioo saaxoiA UO bUTaeau oTlgnd UOTSST➢IMOO bUTUOZ pup buTuueTd 88/6Z/6 (6T -88-2I) UoTgeaado bururulpups quaaano papnTouT uoTssnosTp AllgbuaT - MaTAaa - SUOTgeTnbaa buTuTuipues pasodoad LZ -88-0 88/TZ/6 TTounoo AgTO oq T2AOadde puauMO09a - geTd AaeUTUITTead Mainaa saaxOTA UOTSSTMMOO bUTUOZ pup buTuueTd 88/81/8 aOUpuipao buTUTMPUES q;eapaa oq pagOaaTp AauaoggV 88/LZ/L UOTSTATpgn$ TETagsnpul a9t40ST3 Mainaa - UOTSSTUMOD BUTUOZ pup buTuueTd 88/TZ/L (6T -88-2I) UoTgpaado aUTulpues quaaano qoa;;p pTnoM aoupuTpao Mau aaggaqM buTgOavasaa TTTgs - ueT4spgas ageTnbaa qou aoupuipao Aqunoo UOTuTdO suTTTOO - saaggpal Aauaoggy 88/ET/L 6T -88-2i ageTnbaa aouvurpao Mau pTnoM - gOaVasaa oq Aauaogge gOaaTp oq UOT40U - aoueUTpaO A4Un00 g4TM bUTATduIOO buTuTulpues ;O uOTssnOSTp 88/ZZ/9 pagdope - TpbaT pagOaaaOO q;eap puZ - geTd AaeuTMTTaad UOTSTATpgns saaxOTA - 66-68-ZI 68/£T/6 pagoaaaoo aq oq uoTgdraosap TebaT - pauodgsod uoTgoe - saaoe £S'0£ 'xoadde - geTd AaeUTMTTaad UOTSTAipgnS saaXOTA - 44-68-2i 68/9Z/L UOTgdope pue buiaeaq OTTgnd - saaoe SE •xoadde - buTuozaa aaxOTA TE -88-0 uOTgdopp pup buTapaq oilgnd - saaoe SE 'xoadde - quaulpueme ueTd asn pueT Saa]IOTA O£-88-0 68/ZT/L pagdope aoupuipao buiuTmpups LZ -88-O buipeaa qsT - saaoe SE •xoadde - buTuozaa saaxOTA TE -88-0 VOQ 04 gTulsueaq - buTapaq OTTgnd pup buippaa qsT - saaoe SE ATagpu[Txoadde - quaulpuaule ueTd asn pueT SaaxoTA 0E-88-0 88/OC/TT 88/OE/TT ao3 buiapaq oTTgnd qas - bUTpeaa qsT - (q;eaP Pad LZ -88-0 88/Z/TT 88/9Z/OT ao; BUTpeaa qsT qas pup MaTAaa - (q;pap puZ) LZ -88-0 88/S/ol TTOunOO AgTO Oq T2Aoadde puammooaa - buTuozaa PUP quaulpuaule ueTd asn PUVq aATsuagaaduioo saaxoiA UO bUTaeau oTlgnd UOTSST➢IMOO bUTUOZ pup buTuueTd 88/6Z/6 (6T -88-2I) UoTgeaado bururulpups quaaano papnTouT uoTssnosTp AllgbuaT - MaTAaa - SUOTgeTnbaa buTuTuipues pasodoad LZ -88-0 88/TZ/6 TTounoo AgTO oq T2AOadde puauMO09a - geTd AaeUTUITTead Mainaa saaxOTA UOTSSTMMOO bUTUOZ pup buTuueTd 88/81/8 aOUpuipao buTUTMPUES q;eapaa oq pagOaaTp AauaoggV 88/LZ/L UOTSTATpgn$ TETagsnpul a9t40ST3 Mainaa - UOTSSTUMOD BUTUOZ pup buTuueTd 88/TZ/L (6T -88-2I) UoTgpaado aUTulpues quaaano qoa;;p pTnoM aoupuTpao Mau aaggaqM buTgOavasaa TTTgs - ueT4spgas ageTnbaa qou aoupuipao Aqunoo UOTuTdO suTTTOO - saaggpal Aauaoggy 88/ET/L 6T -88-2i ageTnbaa aouvurpao Mau pTnoM - gOaVasaa oq Aauaogge gOaaTp oq UOT40U - aoueUTpaO A4Un00 g4TM bUTATduIOO buTuTulpues ;O uOTssnOSTp 88/ZZ/9 9/21/89 Planning and Zoning Commission - review phase III sandmining - recommend approval to City Council 12/13/89 0-89-30 - Fischer land use plan amendment - 116.55 acres - 1st reading 0-89-31 - Fischer rezoning - 1st reading 1/24/90 0-89-30 - Fischer land use plan amendment - public hearing - transmit to DCA 4/25/90 Vickers III sandmining special use permit - Attorney directed to draft resolution 5/23/90 R-90-19 Vickers sandmine phase III public hearing adopted w/ conditions - approx. 16.38 acres - expires 5/22/91 8/1/90 0-89-30 Fischer land use plan amendment - approx. 116.55 acres 0-89-31 Fischer rezoning - approx. 116.55 acres review prior Council action on ordinances and set public hearings for 9/12/90 9/12/90 0-89-30 Fischer land use plan amendment public hearing - approx. 116.55 acres - adopted 0-89-31 Fischer rezoning - approx. 116.55 acres - adopted 12/20/91 Planning and Zoning Commission review of Vickers preliminary plat - recommend approval to City Council 5/8/91 Vickers Grove Preliminary subdivision plat - Attorney to draft resolution with conditions 6/12/91 R-91-18 Vickers Grove preliminary plat - 117 acres adopted 3 7'0 0 -A a TI Ps, 85-1316 4519:9 QUITCLAIM DEED RAMCO FORM 8 v This Qult-flahn Nedr Executed this 15 day of April HENRY A. FISCHER, a single adult first party, to r1s"7cFlIvED MAY t 5 19% ,A. D. 198 ,hy SEBASTIAN GENERAL PARTNERSHIP, B.F.T., a Florida General Partnership whose poslof fice address is P.O. Box 68, Sebastian, Florida 32958 second party: (Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives, and assigns .1 individuals, and the succus., and assigns of mnmatima, wherever the context so admits or require,.) 1ORMSetht, That lite said first party, for and in consideration of the sum of $ 1.00 , in hand paid by lite said second party, lite receipt whereof is hereby acknowledged, does hereby remise, re- lease arid quit -claim unto lite said second party forever, all lite right, title, interest, claim and demand which ilia said first party has in and to lite following described lot, piece or parcel of land, situate, lying and being in lite County of Indian River State of Florida , to -wit: All that part of the Northwest quarter of the Northeast quarter of Section 20, Township 31 South, Range 39 East, Indian River County, Florida, more particularly described as follows: BEGINNING at a point in the South line of said NW 1/4 of the NE 1/4, Section 20, Township 31 South, Range 39 East, 380' East from the SW corner of said NW 1/4 of the NE 1/4 of said Section, thence run N 14°14' W, 1361.80' to the North line of said Section, thence run East along said North line 45' to the West line of the Florida East Coast Railway right of way, thence Southeasterly along the West line of said right of way 1486' to the South line of said NW 1/4 of the NE 1/4 of said Section, thence West 3801, more or less, to the Point of Beginning: LESS AND EXCEPT the South 30' for road right (2 lay.IT t-' J :7J G n.. CN r AM T'$. : c enc. [i'IT, Cloth of Circuit Court I m To Rave and to Mold ilia same together with all and singular the appurtenances thereunto belonging or in anytvise appertaining, and all lite estate, right, title, interest, lien, equity and claim what- soever of ilia said first party, either fn into or equity, to the only proper use, benefit and behoof of the said second party forever. In 10 tnesS Wiletreofr The said first party has signed and sealed these presents the day and year STATE OF FLORIDA, COUNTY OF Indian River A Henry .A....Fischer ................. - ........................ce 'i[i'iS.', I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Henry A. Fischer to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the, County and Stat 1 t Id tis 15 day of April A. D. 19 86.. .... .:........... ............ .. ............ ............. rur�r Notary Public ' 3 '3,Nutary Public, State of flerda RETURN TO: '' ',6{y,Commissian Expires lune 25, 1:89. ;) aoudad TFsu Loy it's --lawn'"o IP ..—s Thu Juarrimenif prepared by: Earl -D: Witnerby. Executive.Titiee' oP Sebastian Inc. Addrelt 1 Washiritgton ,P-I'iza = - - Sebastian; Flar a 328518 �) Certified to be a true copy: o ry•` of Flo da My Commission. Exp res. April 10, 1990 L Bonded Thr, w finny -lnsuisn:e Inc. — "Exhi^ All WARRANTY DEED 4`5.93 (FROM CORPORATION', This 19manty deed Made and executed the 45, day of Aprl l Darl Investment Company, a Florida Corporation a corporation existing under file laws of Florida , and having PARCEL B PART ONE A. D. )9 8(� by e ofi� business at P.O. Box 357, Sebastian, Florida 32958 _ ry Z-1 hereinafter called the grantor, to Sebastian General Partnership, S.F.T. r.. whose posfoJfice address is P.O. Box 68, Sebastian, Florida 32958 � �� -o .rr'rnr - ': hereinafter called life grantee: j yc,-i res (Wherever used herein the terms "grantor" and "gran lee" !.crude the heirs, legal representative, and assign, of individuals, and the all the Darties to this inm. teg<d ..."mom and assign, of e9rporat'Al W res 10ttnesseth: That the grantor, for and in consideration of the sum of $ 10.00 and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee, all that certain land situate in Indian River County, Florida, viz: The Southwest quarter of the Southwest quarter; AND ALSO, the South half of the • South half of the Northwest quarter! of the Southwest quarter; AND ALSO, that part of the South quarter of the Northeast quarter of the Southwest quarter and that part of the Southeast quarter of the Southwest quarter and that part of the Southwest quarter of the Southeast quarter lying West of the Florida East Coast Railroad right-of-way; all in Section 17, Township 31 South, Range 39 East,.Indian River County, Florida. o11C. U - MIT. $ c7a HEMA 19MGHT, Cleric of Circuit C uIt � Ri Imiien River Caunty - by� OgetheC with all the tenements, hereditaments and appurtenances thereto belonging or in any- wise appertaining. To have and to Boldt the same in fee simple forever. Rad the grantor hereby covenants with said grantee that it is lawfully seized of said lgnd:,In fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully war- rants the title to said land and will defend the same against lite lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to Deeenber 31, 1985. SUBJECT TO: 1. Restrictions, reservations, limitations, and easement of record, if any; this reference to said restrictions shall not affect to reimpose same. 2. Zoning ordinances affec in said pr y. (CORPORATE SEAL) In Witness 111t11lrreol the grantor has caused these presents to be executed in its name, and its corporate seal to 6e hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written. r:. ATTEST: ........................................................................ DARL INVESTMENT_C�ANYA._a E ;.�A. :.:.,. Secretary ............................. r > Sigg led, sealed and delivered ' the presence of: k6u �;'::,• •.: Zffio2l .....5 .,lInLS.S Pruident O Witnes � - m STATE OF Flor4a COUNTY OF Z'nC/t�f1 /(t ✓f r- �'-' (,� `l• I kIEREEY CERTIFY that on this day. Were me, an officer duly sulhorited in the State and County aforesaid to take acknawledgmcnb, personally appeared Donald S. Vickers well known to me to be the President and---------------------- respectively of the corporation named as grantor in the foregoing deed, and that they severally acknowledged executing the come in the pmence of two subscribing wimesseKrreely and voluntarily under authority duly vested in them by mid corporation and that the seal affixed thereto is the true corporate seal 6Fsa-id eorpormlicvi . WITNESS my hand and official mal in the County and State last aforesaid this day of Aprij: ;'i /•j`A�,P.'19 S6 T i Thir liulrunfeul prepared John Gould, Esq., ory Public,. r cof 979 Beachland Boulevard t 2y,lloagrrAddret b. Vero Beach, FL 32963 a Certified to be a true co b' 5tale of Rork- 9�$ PY� u ary 1 1/ My {omiphsion Exp ri es piit 1D, 1990 Bended no. ii6yiiin • Infurxrea Inc, ARRANTY DEED RAMCO FORM 1 LONG FORMl �:. .��—1tExY/N. it An PARCEL B aG 4551930PART TWO & PART THREE This Qlarranty deed Made l►te 45 day of it prr l A. D. t9 86 by Donald S. Vickers, as to an undivided 2490/8689ths interest, Jack K. Vickers, as to an undivided 2490/8689ths interest, Dorothy Rogers, as to an undivided 2499/8689ths interest, and Betty V. Foster, as to an undivided 1210/8689ths interest. h hereinafter called the grantor. to I t� Sebastian General Partnership, B.F.T. whose postoffice address is P.O. BOB 68, Sebastian, Florida 32958 v a� hereinafter called the grantee: (Wherever used herein the Bermeltrentor" and ' ptfnntee" include all the parties to this instrument and (O the heirs, legal repesentatives and mgns of individuah, and the rvaevon and anisns of oorperationr) v`, I �•� ��tnesseth: That the grantor, for and in consideration of the sum of $ 10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, re- mises, releases, conveys .and confirms unto the grantee, all that certain land situate in Indian River Coxmly, Florida, viz: The Southeast quarter of the Southwest quarter of the Northwest quarter; AND ALSO, the North three-quarters of the East half of the Northwest quarter of the Southwest quarter; AND ALSO, that part of the South half of the Southeast quarter of the Nortknvest quarter and that part of the North three-quarters of the Northeast quarter of the Southwest quarter lying West of the Florida East Coast Railroad right-of-way; all in Section 17, Township 31 South, Range 34 East, Indian River County, Florida. AND T C3 The West 30 feet of the Northwest 1/4 of the Northeast 1/4 of Section 20, Town T— ship 31 South, Range 39 East, as being in Indian River County, Florida. -s m LO m m 4J to rn O r7 , co O�p woo �, 3 C' a Jd D ir��rn .JOH2 F—Wrnm WxoW mWf1N 010, ST. - AM. $ /, 9oJ : 0 o rc"'i V.11109T, Clerk of Circuit Court tr,i : •-a u (liver County FF - bYl��u, � - -- ft GUISPIE, MCCORMICK, WALL, G�& McGEE 2400 East Atlantic Boulevard Suite 300 Pompano Beach, Florida 33062 Boon 0 7 3 3 WEI 10 ti ": EIVED MAY 16 M6 'Together, with all the tenements, hereditaments and appurtenances Iherelo belonging or in any- wise appertaining. 'fo I}taue and to Molds the same in fee simple forever. And the grantor hereby convenanls with said grantee Ilial lite grantor is lawfully seized of said land In fee simple; that lite grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants lite title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 19 85. SUBJECT TO: 1. Restrictions, reservations, limitations, and easement of record, if any; this reference to said restrictions shall not affect to reimpose same. 2. Zoning ordinances affecting said property. . In 10itness Thereof, the said grantor has signed and sealed these presents file day and year first above written. and delivered In pur presence: STATE OF F�] prids , COUNTY OF ,jrlci/ 2h "luP I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Donald S. Vickers, Jack K. Vickers, Dorothy Rogers and Betty V. Foster to me known to be the persons described in and who executed the foregoing instrument and the acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and Stale last aforesaid this '••day of April A. D. 19 86 1 Public titelaryPublic, State aFFloNd�•a�rforgo._ My e3mmisslon Expires Od.2b l1) John Gould, Esq. T/rir IlttMnnen( prepared by: 979 Beachland Boulevard Aildrev Vero Beach, Florida 32963 — _goon 13 3 1 Oil Certified to be a true copy:—Y7 5#�te o r,odda _ 9— Y7 b4; l orfs ycn Exy re's F�ril 10. 1990 - y.rGW 6ry Gov ieln-Inwsncu enc. VC 85-1315_ "E71V'1it All PAR_ CEL C _ aurc•cwnt oseo RAMCO Foam 8 PART ONE & PART TWO 5194110 This Quit -Maim Aced, Cxeculed (Isis 15 day of April A. D. 1%6 by Henry A. Fischer, George Tsiotis and Mary Tsiotis, his wife and John Bargas first party, to Sebastian General Partnership, B.F.T., a Florida General Partnership whose postof fice address is P.O. Box 68, Sebastian, Florida 32958 second party: (Wherever used herein the term, "lint party" and "second party" shall include singular and plural, heirs, legal representative, and assigns of indiriduah, and the successor, and assigns of ro:porauom, wherever the context so admits or requires.) INitnesseth, Thai the said first party, for and in consideration of the sum of S 1.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, re- lease and quit -claim unto thu said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Indian River State of Florida , to -wit: PARCH ONE: The North One—half of the Northwest One—quarter of the Northwest One—quarter of the Southwest One—quarter of Section 17, Township 31 South, Range 39 East, containing five (5) acres, more or less, and as forfserly (1918) lying and being in St. Lucie County, Florida. PARCEL TWO: Being the South One-half of the Northwest One-quarter of the Northwest One-quarter of the Southwest Cne-quarter of Section Seventeen, Township 31 South, Range 39 East, containing five (5) acres, more or less: and ALSO the North One-half of the Southwest One-quarter of the Northwest One-quarter of the Southwest One-quarter of Section Seventeen in Township 31 South, Range 39 East, containing five (5) acres, more or less. Said lands now lying and being in Indian River County, Florida. L:. rn ly .7 cis C;:. Clerk of Circuit Court m " lhdian Ricer County - byl,�rr, <c • m Pfo'ilaue and to Mold the same l000lher with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all l6e estate, right, title, interest, lien, equity and claim what- soever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. In 16HUss 1011ereofr The said first party has at fte seated these presents the day and year first above written. S' ned, sealed nd delivered in presence of: Fie A. ELs STATE OF FLORIDA, COUNTY OF Indian River `fftlkM CER/.FY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Henry A. Fischer, George Tsiotis and Diary Tsiotis and John Bargas to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and off; iclal' seal in April A. D. 19 86. HE 7! Tri: This Insirument prepared by: � E'arl '9•. With -Addresr Execurive. Ti 1 Washington the County and Certified to be a true copy: 15 Notary Public Notary Public State of Florida My Comhtission Expires June 15, 1989 d 1hr4 rL4Y, W 1p10 anwngra, Imo, a.'.' — e of Sebastian Inc. la a,-Seba -ian, ?Y, 2958 I u Ic, My Com nission Exp s Apr? 10, 1990 due lmn..rssur A...,cess,.... i.. r City (f Sebmtuin L. Gene Harris POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Mayor TELEPHONE (305) 589-5330 April 25, 1986 Dr. Henry A. Fischer Post Office Box 68 Sebastian, Florida 32958 RE: Proposed annexation for 151 acres of land south of Schumann Drive Dear Dr. Fischer: Deborah C. Kraaas City Clerk In review of pending Planning and Zoning files, attached, please find a copy of paper work submitted previously on the above referenced proposed annexation. I am enclosing an application for annexation along with an information sheet which needs to be completed prior to council review. Should you have any questions please do not hesitate to contact me. Very trully. Deborah C. City Clerk yours, Krages d enclosures (as noted) .-. .., City of Sebastian L. Gene Harris POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 ma,., TELEPHONE (305) 589-5330 PLANNING AND ZONING COMMISSION MINUTES FEBRUARY 6, 1986 MEETING WAS CALLED TO ORDER BY CHAIRMAN HAROLD EISENBARTH AT 7:00 P.M. PRESENT: MR. THOMPSON MR. FULLERTON MR. MAHONEY MR. KRULIKOWSKI MRS. YOUNG MR. WADSWORTH (LATE) MR. MCCARTHY (ALTERNATE) CHAIRMAN EISENBARTH ALSO PRESENT: HECTOR A. FRANCO, CITY ENGINEER APPROVAL OF MINUTES: JANUARY 23, 1986 k� Deborah C. Krages City Clark ON PAGE ONE OF THE MINUTES THE WORD 'RETRIBUTION' WAS CHANGED TO 'RESTITUTION'. ON PAGE ONE OF THE MINUTES UNDER ALSO PRESENT, TOM PALMER'S TITLE WAS CHANGED FROM CITY ENGINEER TO CITY ATTORNEY. ON PAGE THREE UNDER OLD BUSINESS: REZONING AND LAND DESIGNATION USE CHANGE - SEMBLER; THE LAST WORD ON THE PAGE 'SALES' WAS CHANGED TO 'STORAGE'. ON PAGE FIVE PARAGRAPH FOUR UNDER NEW BUSINESS: PRE -APPLICATION CONFERENCE - ANNEXATION - DR. HENRY FISCHER; "THE COMMISSION DID NOT STATE ANY OBJECTION TO THE PROPOSALS GIVEN BY DR. FISCHER", SHOULD BE CHANGED BECAUSE CHAIRMAN EISENBARTH STATES THAT HE DID OBJECT TO THE TRAFFIC BEING FUNNELED OUT ONTO SCHUMANN DRIVE. ON PAGE FOUR UNDER NEW BUSINESS: PRE -APPLICATION CONFERENCE - ANNEXATION - DR. HENRY FISCHER; PARAGRAPH FOUR "DR. FISCHER EXPLAINED THAT HE WOULD LIKE A SECOND EXIT FOR EMERGENCY PURPOSES ALONG THE RAILROAD TRACK AND WOULD FEED INTO SCHUMANN DRIVE"; CHAIRMAN EISENBARTH WANTED TO ADD "HE ALSO SAID THAT THE CITY COULD BENEFIT FROM ANOTHER ROAD THROUGH HIS DEVELOPMENT THAT WOULD RELIEVE TRAFFIC ON SCHUMANN DRIVE." 1 MINUTES - PAGE 2-*,,,ARY 6-, 1986 - PLANNING AND v_..0 COMMISSION ON PACE FIVE UNDER NEW BUSINESS: REQUEST SPECIAL APPROVAL - HENRY A. FISCHER - FENCE HEIGHT; PARAGRAPH SIX; IT WAS REQUESTED THAT THE LAST PART OF THE SENTENCE IN THAT PARAGRAPH READ, "THE PLANNING AND ZONING COMMISSION WOULD NOT HAVE HAD THIS MATTER BEFORE THEM". ON PAGE NINE, LAST PARAGRAPH, CHAIRMAN EISENBARTH EXPRESSED AMAZEMENT THAT ONLY THREE LINES WERE GIVEN TO THE DISCUSSION WITH ROGER CLOUTIER. HE ADDED TO THE MINUTES, "IT WAS DECIDED THAT HIS DEPARTMENT WOULD INITIATE A FORM THAT WOULD HAVE A DEPARTMENTAL CHECK OFF LIST ON IT. THIS WAY WE COULD ALLEVIATE THE PROBLEM OF BUILDING PERMITS BEING, ISSUED WITHOUT A SITE PLAN. ON PAGE FOUR UNDER NEW BUSINESS: PRE -APPLICATION CONFERENCE - ANNEXATION - DR. HENRY FISCHER; MR. FULLERTON FELT THAT THE HE HAD ASKED DR. FISCHER IF THIS WAS TO BE AN ADULT PARK AND THAT DR. FISCHER'S ANSWER HAD BEEN YES. MR. FULLERTON SAID HE THOUGHT THIS WAS AN IMPORTANT POINT IN THIS PARTICULAR DISCUSSION. THE SECRETARY WAS ASKED TO 00 BACK TO THE TAPE TO FIND THIS AND IF IT WAS ON THE TAPE TO ADD THIS TO THE MINUTES AT THE BOTTOM OF PACE FOUR. THE SECRETARY CHECKED THE TAPE AND MR. FULLERTON DID ASK DR. FISCHER IF THIS WAS TO BE AN ADULT PARK AND HE SAID, " YES WE WANT AN ADULT PARK " THERE WAS SOME DISPUTE AS TO WHETHER DR. FISCHER CALLED THIS A TRAILER PARK OR MOBILE HOME PARK. THE TAPE SHOWS THAT HE SAID A "TRAILER PARK" AND LATER ON IN THE DISCUSSION IT WAS REFERRED TO AS A MOBILE HOME PARK. MOTION BY MR. THOMPSON, SECOND BY MR. MAHONEY TO APPROVE THE MINUTES AS CORRECTED ALL AYES. MOTION CARRIED. OLD BUSINESS: HOME OCCUPATION LICENSE REQUEST; ARLENE BORSODY - COOKIE'S UPHOLSTERY SHOP MOTION BY MR. MAHONEY, SECOND BY MR. WADSWORTH THAT THE APPLICATION FOR HOME OCCUPATIONAL LICENSE FOR COOKIE'S UPHOLSTERY SHOP BE APPROVED. ROLL CALL VOTE: AYES: MR. THOMPSON MR. WADSWORTH MR. MAHONEY MRS. YOUNG CHAIRMAN EISENBARTH K NAYS: MR. KRULIKOWSKI MR. FULLERTON MOTION CARRIED. I� City of Sebastian Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Mayor TELEPHONE (305) 589-5330 January 27, 1986 Mayor Jim Gallagher City Council Members City of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Mayor Gallagher and City Council Members, Deborah C. Krages City Clerk At their regular meeting, Thursday, January 23, 1986, the Planning and Zoning Commission passed a motion to recommend to the City Council that the request for annexation for one hundred and fifty -ones acres, South of Schumann Drive, by Dr. Henry Fischer be approved. Thank you for any consideration you may give this matter. Ver truly yours, % renda E. S auman Secretary/Planning and Zoning Commission bes cc D. Krages - City Clerk T. Palmer - City Attorney P & Z Commission t[j MINUTES: PAGE 4 PLANNING & ZONING COMMISSION JANUARY 23, 1966 MOTION BY MR. WADSWORTH, SECONDED BY MR. FULLERTON, TO INSTRUCT THE PLANNING AND ZONING SECRETARY TO SET UP A DATE FOR A PUBLIC HEARING FOR SEMBLER AND SEMBLER'S RE—ZONING AND LAND USE DESIGNATION CHANGE REQUEST. ROLL CALL VOTE: AYES: NEW BUSINESS: MR. FULLERTON MR. MAHONEY MR. KRULIKOWSKI MR. WADSWORTH CHAIRMAN EISENBARTH NAYS: NONE v['1oF11Iolm*.T PRE—APPPIICAT_IQN CONEERENEE _ ANNEXATIQN = DR _UENRY fIS-CNRF$L DR. HENRY FISCHER WAS IN ATTENDANCE AND PRESENTED THE COMMISSION WITH TENATIVE SITE PLANS TO CORRELATE WITH THE ANNEXATION. DR. FISCHER STATED THAT HE WOULD LIKE TO GET THE PLANNING AND ZONING COMMISSION'S FEELINGS ON THE PROPOSED ZONINGS, BEFORE HE BEGINS THE ANNEXATION PROCESS. DR. FISCHER STATED THAT THE MAIN ENTRANCE TO THIS PROPERTY WILL BE OFF OF VICKERS ROAD AND IT WILL NOT INTERFERE WITH THE TRAFFIC PATTERNS WITHIN THE CITY OF SEBASTIAN. DR. FISCHER EXPLAINED THAT HE WOULD LIKE A SECOND EXIT FOR EMERGENCY PURPOSES ALONG THE RAILROAD TRACK AND WOULD FEED INTO SCHUMANN DRIVE. DR. FISCHER EXPLAINED THAT ALONG THE RESIDENTIAL AREA IN THE SEBASTIAN HIGHLANDS, HE WOULD LIKE TO HAVE A THIRY FOOT (30') BUFFER WHICH WILL HAVE TREES AND GRASS WITH PINIC TABLES AND WOULD LIKE TO DEED THIS PARK TO THE PEOPLE. DR. FISCHER STATED THAT THE TOTAL AMOUNT OF INDUSTRIAL AREA WILL BE APPROXIMATELY THIRTY—ONE ACRES (31). TOTAL ACREAGE IS ONE HUNDRED AND FIFTY ONE ACRES MOST OF WHICH WILL BE A RENTAL TRAILER PARK, THE LOTS WILL NOT BE SOLD, WHICH WILL GIVE THE CITY TAX BASE. 4 MINUTES: PAGE 5 PLANNING & ZONING COMMISSION JAUARY 23, 1986 DR. FISCHER STATED THAT HE WOULD LIKE TO HAVE THIS PARCEL OF LAND ZONED INDUSTRIAL/COMMERCIAL PUD. DR. FISCHER ALSO STATED THAT HE BELIEVES THE LAND IS NOW ZONED INDUSTRIAL THROUGH THE COUNTY. DR. FISCHER STATED THAT SOMEONE IN THE COUNTY COULD COME IN AND MAKE THIS PROPERTY HIGH USE INDUSTRIAL AT THIS TIME. ALONG WITH THE INDUSTRIAL/COMMERCIAL PUD ALSO A MOBILE HOME PUD. THE COMMISSION DID NOT STATE ANY OBJECTIONS TO THE PROPOSALS GIVEN BY DR. FISCHER. MOTION BY MR. THOMPSON, SECONDED BY MR. WADSWORTH, TO SEND A LETTER TO THE MAYOR AND CITY COUNCIL RECOMMENDING THAT THE REQUEST FOR ANNEXATION BE APPROVED. MQTIQN CARRED. REQUEST SPECIAL APHOVAL = HENRY A� FI5CEBE = FENCE HEIGHT1 MR. GREGORY GORE WAS IN ATTENDANCE AND REPRESENTED MR. FISCHER. CHAIRMAN EISENBARTH STATED THAT THIS REQUEST WAS TAKEN BEFORE THE CODE ENFORCEMENT BOARD AND THE CODE ENFORCEMENT BOARD MOVED THAT THE REQUEST BE HANDLED BY THE PLANNING AND ZONING COMMISSION PER THE CITY OF SEBASTIAN'S LAND DEVELOPMENT CODE. MR. GORE STATED THAT MR. FISCHER HAS PUT AN ENCLOSURE AROUND THE SHOWER AREA WHICH IS ATTACHED TO THE HOUSE. MR. GORE CONTENDED THAT THIS IS AN ENCLOUSURE AND NOT A FENCE, AND IT IS FOR PRIVACY ONLY. MR. GORE STATED THAT HE WAS NOT SURE IF MR. FISCHER NEEDED SPECIAL APPROVAL SINCE THIS WAS AN ENCLOSURE AND NOT A FENCE. MR. GORE STATED THAT THE COMPLAINT HAS COME FROM A PRIVATE SOURCE WHO HAS BEEN INVOLVED IN LITIGATION WITH THE FISCHER FAMILY, AND WITHOUT THAT INSTIGATION MR.GORE BELIEVES THAT THE CODE ENFORCEMENT BOARD OR THE PLANNING AND ZONING COMMISSION WOULD HAVE HAD THIS MATTER COME BEFORE THEM. MR. GORE STATED THAT AS HE UNDERSTANDS, THERE ARE NO SETBACK VIOLATIONS. 5 Jim Gallagher Mayor JANUARY 9, 1986 City of Sebastian POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958.0127 Deborah C. Krages TELEPHONE (305) 589-5330 City Clerk Dr. Henry Fischer Post Office Box 68 Sebastian, Florida 32958 Dear Dr. Fischer, This is to confirm that you have been placed on the January 23, 1986, Planning and Zoning Commission Meeting. The meeting will begin at 7:00 P.M. should you require additional information, please do not hesitate to contact me. Thank you. Very truly y[ouurrs,'D/ Brenda E. Schauman Secretary/Planning and Zoning Commission bes cc P & Z Commission Henry Fischer & ons, Inc. Land Clearing • Top Quality Fill P.O. Box 68, Sebastian, FI. 37958 (305) 569.3159 January 8, 1986 City of Sebastian P.O. Box 127 Sebastian, Florida 32958 ATTN: Brenda Dear Brenda: Attached please find our check for $100.00 for a pre -annexation conference with the Zoning Board for my 151 acres of property on the East side of Sebastian, south of Schumann Drive, adjacent to Florida East Coast Railway. The purpose of this discussion is to go over the proposed MHP (PUD) and IND (PUD) on this property. sincerely, ADI.enry A. Fischer, President HAF:sf cc: File PAY TO THE ORDQ OF SEBASTIAN GENERAL PARTNERSHIP P.O. Box BB SEBASTIAN. FL 32858 ROSELAND OFFICE 4 P O BOX 2767 VERO BEACH. FLORIDA 32661 n FORtt Sebastian General Partnership B.F.T. 10725 U.S. 1 - Suite 2 P. O. Box 68 * Sebastian, Florida 32958 * (305) 589-7026 January 26, 19$7 Kay Benjamin, City Clerk - JA l�l City of Sebastian 26 1587 , P.O. Box 127 r Sebastian, FL 32958 ` J Re: Voluntary annexation of our 151.607 acres. Dear Ms. Benjamin: Please do not agendize our annexation anplication until the City Council Workshop Meeting of Wednesday, April 1, 1987. Than sincerely, im allavhe , Executive Director AWN January 16, 1987 TO: MAYOR AND CITY COUNCIL FROM: ELIZABETH REID�(„ Please be advised that a large aerial map of the property proposed to be annexed by the attached Ordinance is available in the office of the City Clerk. Sebastian General Partnership B.F.T. 10725 U.S. 1 - Suite 2 P. O. Box 68 * Sebastian, Florida 32958 * (305) 589-7026 City Council C/o City Clerk City of Sebastian P.O. Box 127 Sebastian, FL 32958 Re City Clerk: January 9, 1987 Voluntary Annexation. JA,P-1' 9 1987 o, _. Enclosed find our application for the voluntary annexation of 151.607 more or less. We would like to have this property become part of the City of Sebastian. We feel that our property will then enjoy the prestige of being part of the fine City of Sebastian. It is our intention to develop this property as a high quality mobile home planned unit development. We expect this project to enhance the Cityts asthetics and tax base. incerel Jim allagher Executive Director Attachments: Petition For Voluntary Annexation; Certified Copies Of Property Deeds; Property Boundary Surveys(Certified); Aerial Photographs; Required Fees; Sketch Of Property And Relation To City Boundaries. r�% Sebastian General Partnership B.F.T. 10725 U.S. 1 - Suite 2 P. O. Box 68 * Sebastian, Florida 32958 * (305) 589-7026 January 9, 1987 City Council c/o City Clerk a City of Sebastian P.O. Box 127 -^ Sebastian, FL 329` r' R tion. Dp,�N'r' X87 City Clerk: p r;.4 JAPs 9 itid) Enclosed fa r application for the voluntary annexation of 151.60 more or less. We would like to have this property become part of the City of Sebastian. We feel that our property will then enjoy the prestige of being part of the fine City of Sebastian. � It is our intention to develop this property as a high quality mobile home planned unit development. We expect this project to enhance the City's asthetics and tax base. incerel Jim all Phe r Executive Director Attachments: Petition For Voluntary Annexation; Certified Copies Of Property Deeds; Property Boundary Surveys(Certified); Aerial Photographs; Required Fees; Sketch Of Property And Relation To City Boundaries. PETITION FOR VOLUNTARY ANNEXATION TO THE CITY 017 SEBASTIAN INDIAN RIVER COUNTY, FLORIDA Sebastian General Petitioner, Partnership B.F.T. petitions the City of. Sebastian, Florida, for voluntary annexation of the following described real property%@ontaining 151.607 acres, more or less: PARCEL A All that part of the Northwest quarter of the Northeast quarter of Section 20, Township 31 South, Range 39 East, Indian River County, Florida, more particularly described as follows: BEGINNING at a point in the South line of said NW 1/4 of the NE 1/4, Section 20, Township 31 South, Range 39 East, 380' East from the SW corner of said NW 1/4 of the NE 1/4 of said Section, thence run N 14° 14' W, 1361.80' to the North line of said Section, thence run East along said North line 45' to the West line of the Florida East Coast Railway right of way, thence Southeasterly along the West line of said right of way 1486' to the South line of said NW 1/4 of the NE 1/4 of said Section, thence West 3801, more or less, to the Point of Beginning; LESS AND EXCEPT the South 30' for road right of way. PARCEL B PART ONE The Southwest quarter of the Southwest quarter; AND ALSO, the South half of the South half of the Northwest quarter of the Southwest quarter; AND ALSO, that part of the South quarter of the Northeast quarter of the Southwest quarter and that part of the Southeast quarter of the Southwest quarter and that part of the Southwest quarter of the Southeast quarter lying West of the Florida East Coast Railroad right-of-way; all in Section 17, Township 31 South, Range 39 East, Indian River County, 1710rida. AND PART TWO The Southeast quarter of the Southwest quarter of the Northwest quarter; AND ALSO, the North three-quarters of the East half of the Northwest quarter of the Southwest quarter; AND ALSO, that part of the South half of the Southeast quarter of the Northwest quarter and thnt part of the North three-quarters of the Northeast quarter of the Southwest quarter lying West of the Florida East Coast Railroad right-of-way; all in Section 17, Township 31 South, Range 39 East, Indian River County, Florida. AND PART THREE. The West 30 feet of the Northwest 1/4 of the Northeast 1/4 of Section 20, Township 31 South, range 39 East, as being in Indian River County, Florida. PARCEL C PART ONE The North one-half of the Northwest one-quarter of the Northwest one- quarter of the Southwest one-quarter of Section 17, Township 31 South, Range 39 East, containing five (5) acres, more or less, and as formerly (1918) lying and being in St. Lucie County, Florida. PART TWO Being the South one-half of the Northwest one-quarter of the Northwest one- quarter of the Southwest one-quarter of Section Seventeen, 'township 31 South, Range 39 East, containing five (5) acres, more or less; and also the North one-half of the Southwest one-quarter of the Northwest one-quarter of the Southwest one-quarter of Section Seventeen in Township 31 South, Range 39 East, containing five (5) acres, more or less. 1. This is a petition for voluntary annexation in accordance with Section 171.044 of Chapter 171, Florida Statutes, 1975. 2. Said property sought to be voluntarily annexed lies completely within the same county as the City of Sebastian, to -wit: Indian River County, Florida. 3. Said property is situate in an unincorporated area of Indian River County, Florida, and does not lie within the corporate limits of any other municipality. 4. Said property is contiguous to the corporate boundaries and city limits of the City of Sebastian, such that a substantial part of the boundaries of said property is coterminous with the corporate boundary and city limits of said city. S. Annexation of said property will be a reasonably compact addition to the incorporated territory of the City of Sebastian and will not create enclaves, pocket3 or linger areas in sepentine patterns. 6. A certified copy of a duly recorded warranty deed to grantee Sebastian General Partnership B.F.T. , which said deed contains the description and includes the property sought to be voluntarily annexed herein, is marked "Exhibit A" and attached hereto. 7. Sebastian General Partnership B.F.T. has a fee simple estate in and to the land described in'said deed and has full power and authority to convey, grant, and encumber both the legal and beneficial interests in the real property described in said deed, and therefore and furthermore this • Petition bears the signature of the owner of the property proposed to be annexed. 8. A sketch of said property, which shows the relation- ship between the boundaries of the City of Sebastian and the property proposed for annexation is marked "Exhibit U" and attached hereto and made a part hereof. -2- WHEREFORE, Petitioner, Sebastian General Partnership B.F.T. requests the City Council of the City of Sebastian, Florida, at a regular meeting to adopt a non -emergency ordinance to annex the property in this petition, and to redefine the corporate boundaries and City Limits of the City of Sebastian,._Florida, to include said property, and, that upon proper publication once a week for four (4) consecutive weeks, said ordinances be passed and adopted and thereafter filed with the Clerk of the Circuit Court of Indian River County, Florida and with the Department of State of the State of Florida. Sebastian General Partnership B.F.T. by J' Gall er, Exe utive Director etitione STATE OF FLORIDA COUNTY OF INDIAN RIVER THIS DAY personally appeared before me, the undersigned, Jim Gallagher, Executive Director Sebastian General Partner. -hip B.F.T. to me known, who being first duly sworn, says: That he has read and signed the within and foregoing Petition for Voluntary Annexation and that he is the Petitioner therein named and that the statements contained in said Petition are true. Petitioner Sworn to and subscr' d before mp tth�is_7day of Notary 'u• ic, in a—uTlor the State of Florida at Large M` Notary NuIll, :a.c cl Burda My Commimon Expires April 10, 1990 8onaed ih,u Uoy F®e In;uee rme hie LIMITS N N W a n m .L[lla aT. �rI Ll.li— 0 p oaG y ¶¶3�j1..e COO DLJ - Vl d itl`J" LOC /• I ap' _ NJ IOG `J NI OJ w 'C m qcn " . CITY IIMITS -i: ,xu[ vuur •v[xu[ _ CITY a LIMITS �♦ �' N m `IS 140 t7 LEI - !'m I m 7 _ o !•�- J a O / cn (J)tA 1 ca 1 alar rux .r OPP _ C7 m z r N »~ X I n•l �o ry �°q 11 t -y mr PL. z r D .y �.f"� ,n` <; S I 1 r_m Sm k° / 3l C to >IR I ¢i r b a r•• 1, ao Z = m h - E 80 =gym �rrl ctµ aiH°' s 0 <_;9z comma I I r I a I iii I s — j '" •+�1 Rl / - �`-�/. o m rm m a 1 "+ C o° o ]` < G7 gc ° r 7y H Rl co f/l m a _ 1/I fj H a m :i7 a�� Y rIL I`�. �# y^:'C�p °o o N m I+ v y m 0 � m - / r v N o cn r: PETITION FOR VOLUNTARY ANNEXATION TO THE CITY 01: SEBASTIAN INDIAN RIVER COUNTY, FLORIDA Sebastian General Petitioner, Partnership B.F.T. , petitions the City o>_ Sebastian, Florida, for voluntary annexation of the following described real property montaining 151.607 acres, more or less: PARCEL A All that part of the Northwest quarter of the Northeast quarter of Section 20, Township 31 South, Range 39 East, Indian River County, Florida, more particularly described as follows: BEGINNING at a point in the South line of said NW 1/4 of the NE 1/4, Section 20, Township 31. South, Range 39 East, 380' East from the SW corner of said NW I/4 of the NIS 1/4 of said Section, thence run N 14° 14' W, 1361.80' to the North line of said Section, thence run East along said North line 45' to the West line of the Florida East Coast Railway right of way, thence Southeasterly along the West line of said right of way 1486' to the South line of said NW 1/4 of the NCs 1/4 of said Section, thence West 380', more or less, to the Point of Ilegim:ing; LESS AND EXCEPT the South 30' for road right of way. PARCEL B PART ONE The Southwest quarter of the Southwest quarter; AND ALSO, the South half of the South half of the Northwest quarter of the Southwest quarter; AND ALSO, that part of the South quarter of the Northeast quarter of the Southwest quarter and that part of the Southeast quarter of the Southwest quarter and that part of the Southwest quarter of the Southeast quarter lying West of the Florida East Coast Railroad right-of-way; all in Section 17, Township 31 South, Range 39 East, Indian River County, Florida. AND PART TWO The Southeast quarter of the Southwest quarter of the Northwest quarter; AND ALSO, the North three-quarters of the East half of the Northwest quarter of the Southwest quarter; AND ALSO, that part of the South half of the Southeast quarter of the Northwest quarter and that part of the North three-quarters of the Northeast quarter of the Southwest quarter lying West of the Florida East Const Railroad right-of-way; all in Section 17, Township 31 South, Range 39 East, Indian River County, Florida. " AND PART TH REF. The West 30 feet of the Northwest 1/4 of the Northeast 1/4 of Section 20, Township 31 South, range 39 East, as being in Indian Itiver County, Florida. PARCEL C PART ONE The North one-half of the Northwest one-quarter of the Northwest one- quarter of the Southwest one-quarter of Section 17, Township 31 South, Range 39 East, containing five (5) acres, more or less, and as formerly (1918) lying and being in St. Lucie County, Florida. AND PART TWO Being the South one-half of the Northwest one-quarter of the Northwest one- quarter of the Southwest one-quarter of Section Seventeen, 'township 31 South, Range 39 East, containing five (5) acres, more or less; and also the North one-half of the Southwest one-quarter of the Northwest one-quarter of the Southwest one-quarter of Section Seventeen in Township 31 South, Range 39 East, containing five (5) acres, more or less. 1. This is a petition for voluntary annexation in accordance with Section 171.044 of Chapter 171, Florida Statutes, 1975. 2. Said property sought to be voluntarily annexed lies completely within the same county as the City of Sebastian, to -wit: Indian River County, Florida. 3. Said property is situate in an unincorporated area of Indian River County, Florida, and does not lie within the corporate limits of any other municipality. 4. Said property is contiguous to the corporate boundaries and city limits of the City of Sebastian, such that a substantial part of the ¢oundaries of said property is coterminous with the corporate boundary and city limits of said city. S. Annexation of said property will be a reasonably compact addition to the incorporated territory of the City of Sebastian and will not create enclaves, pocket.i or linger areas in sepentine patterns. G. A certified copy of a duly recorded warranty deed to grantee Sebastian General Partnership B.F.T. , which said deed contains the description and includes the property sought to be voluntarily annexed herein, is marked "Exhibit A" and attached hereto. 7. Sebastian General Partnership A.F.T. has a fee simple estate in and to the land described in said deed and has full power and authority to convey, grant, and encumber both the legal and beneficial interests in the real property described in said deed, and therefore and furthermore this Petition bears the signature of the owner of the property proposed to be annexed. 8. A sketch of said property, which shows the relation- ship between the boundaries of the City of Sebastian and the property proposed for annexation is marked "Exhibit B" and attached hereto and made a part hereof. -2- WHEREFORE, Petitioner, Sebastian General Partnership B.F.T. requests the City Council of the City of Sebastian, Florida, at a regular meeting to adopt a non -emergency ordinance to annex the property in this petition, and to redefine the corporate boundaries and City Limits of the City of Sebastian,._Florida, to include said property, and, that upon proper publication once a week for four (4) consecutive weeks, said ordinances be passed and adopted and thereafter filed with the Clerk of the Circuit Court of Indian River County, Florida and with the Department of State of the State of Florida. Sebastian General Partnership B.F.T. by J�m Gall er, Exe utive Director etit one STATE OF FLORIDA COUNTY OF INDIAN RIVER THIS DAY personally appeared before me, the undersigned, Jim Gallagher, Executive Director to me known, who being first Sebastian General Partnership R-F_T_ duly sworn, says: That he has read and signed the within and foregoing Petition for Voluntary Annexation and that he is the Petitioner therein named and that the statements contained in said Petition are true. et boner Sworn to and subscri d before nW this � day of .��Y.�'�� iotary-'ul ic, in and for the State of F orida at Large FNotaly pil l! . 5.. .... , — 1' I MY Cmuuusi.uu i.:pacl 0.111 ,U, i990 —3— VERO BEAD KESS-JOURNAL Published Dally Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he Is Business Manager of the Vero Beach Press.Journal, a dally newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of_zAei�r� tin the Court, was p,. fished to said newspaper in the issues ofvfffj' Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, to said Indian River County, Florida, and that the said newspaper has herelorure oeun continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter al the post office In Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and alf lent further says that he has neither pard not promised any person, firm or corporation any discount, rebate, eommissloo or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me IN �_Le-- day of - A.D. 19 n n Manager) (Clerk of the Circuit Court, fill River County, Florida) (SEAL) I i. VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a wiJ/ in the matter of in the lished in said newspaper in the issues 0' Court, was ol.. Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published In said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed beforg me day of A.D. 19 (Clerk of the Circuit Court, Irt Wn River County, Florida) (SEAL) The Council of the City of Sebastian. Florida, will hold a Public Hearing concerning the adop- tion of an Ordinance with the title as shown above at 7:00 p.m. on Wednesday, April B. 1987, In the City Council Chambers, 1225 Mein Street, Sebastian, Florida. At the conclusion of this Pub- lic Hearing or at a subsequent meeting• the Council l estedParties may inspect the Inter the proposed ordi- nance in the office of the City Clerk at City Hell, and may appear at the hearing andwith respect the proposed ordinance heard Anyone who may wish to appeal any decision which may be made at this hearing will need to ensure m Ee which er cao is includes thetas mony and evidence upon which the appeal will be based. CITY OF SEBASTIAN, FLORIDA by: Kathryn M. Benjamin City Clerk Mar. 16, 23, 30. April 6, 1987 ...,... n..o. Isar CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA Notice of Public Headng AN ORDINANCE ANNEXING THREE PARCELS OF LAND: PARCEL A LO- CATED IN THE N.W. 1/4 OF SECTION 20, T 31 S. R 39 E AND PARCEL B PARTS ONE AND TWO BEING THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND OTHER LANDS IN S 17, T 31 S. R 39 E AND PARCEL C PARTS ONE AND TWO BEING THE N.W. 1/4 OF THE N.W. 1/4 OF THE S.W. 1/4, AND OTHER LANDS IN S 17, T 31 S. R 39 E, ALL SUCH PROPERTY BEING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND WEST OF WHIS- PERING PALMS MOBILE VILLAGE AND CONSISTING OF 151.6 ACRES, MORE OR LESS; PROVIDING AN EFFECTIVE DATE. The Council of the City of Sebastian, Florida, Will hold a Public Hearing concerning the adop- tion of an Ordinance with the title as shown above at 7:00 p.m. on Wednesday. April 8, 1987, in the City Council Chambers, 1225 Main Street. Sebastian, Florida. At the conclusion of this Pub- lic Hearing or at a subsequent meeting, the Council may enact this ordinance into law. Inte, ested parties may inspect the proposed or& nance in the Office of the City Clerk at City Hall, and may appear at the hearing and be heard with respect to the Proposed ordinance. Anyone who may wish to appeal any decision which may be made 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. CITY OF SEBASTIAN, FLORIDA by: Kathryn M. Benjamin City Clerk Mar. 16, 23, 30, April 6, 1987 87.n5 Ci6l of Sebastian L. Gene Harris POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Mayor TELEPHONE (305) 589-5330 March 12, 1987 Vero Beach Press Journal PO Box 1268 Vero Beach, FL 32960 Attn: Legal Notices To Whom It May Concern: Kathryn M. Benjamin City Clerk Please find attached Legal Notices for three Ordinances for Public Hearing on April 8, 1987. Please run them as follows: Ordinance No. 0-87-10 ...... Monday, March 16, 23, 30 and April 6, 1987 Ordinance No. 0-87-11 ...... Friday, 27, 1987 Ordinance No. 0-87-12 ...... Friday, F TuTi-r-y-27, 1987 Mch Vim (m�f 11 3/14 7 If you have any questions please do not hesitate to call us. Very truly yours, Kathryn M. Benjamin City Clerk Enclosures KMB/sam 1 Citt of Sebastian L. Gene Harris POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Kathryn M. Benjamin Mayor TELEPHONE (305) 589-5330 City Clerk CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA Notice of Public Hearing Qrdinance Not Q=Q7=10 AN ORDINANCE ANNEXING THREE PARCELS OF LAND: PARCEL A LOCATED IN THE N.W. 1/4 OF SECTION 20, T 31 S, R 39 E AND PARCEL B PARTS ONE AND TWO BEING THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND OTHER LANDS IN S 17, T 31 S, R 39 E AND PARCEL C PARTS ONE AND TWO BEING THE N.W. 1/4 OF THE N.W. 1/4 OF THE S.W. 1/4, AND OTHER LANDS IN S 17, T 31 S, R 39 E, ALL SUCH PROPERTY BEING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND WEST OF WHISPERING PALMS MOBILE VILLAGE AND CONSISTING OF 151.6 ACRES, MORE OR LESS; PROVIDING AN EFFECTIVE DATE. The Council of the City of Sebastian, Florida, will hold a Public Hearing concerning the adoption of an Ordinance with the title as shown above at 7:00 p.m. on Wednesday, April 8, 1987, in the City Council Chambers, 1225 Main Street, Sebastian, Florida. At the conclusion of this Public Hearing or at a subsequent meeting, the Council may enact this ordinance into law. Interested parties may inspect the proposed ordinance in the Office of the City Clerk at City Hall, and may appear at the hearing and be heard with re- spect to the proposed ordinance. Anyone who may wish to appeal any decision which may be made 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. CITY OF SEBASTIAN, FLORIDA by: Kathryn M. Benjamin City Clerk PUBLISH: Press Journal - Monday, March 16, 23, 30 and April 6, 1987 1 Ci4l of Sebastian L. Gene Harris POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Mayor TELEPHONE (305) 589-5330 March 12, 1987 Vero Beach Press Journal PO Box 1268 Vero Beach, FL 32960 Attn: Legal Notices To Whom It May Concern: Kathryn M. Ben)amin City Clark Please find attached Legal Notices for three Ordinances for Public Hearing on April 8, 1987. Please run them as follows: Ordinance No. 0-87-10 ...... Monday, March 16, 23, 30 and April 6, 1987 Ordinance No. 0-87-11 ...... Friday, February 27, 1987 Ordinance No. 0-87-12 ...... Friday, February 27, 1987 If you have any questions please do not hesitate to call us. Very truly yours, Kathryn M. Benjamin City Clerk Enclosures KMB/sam 1 City of Sebastian L. Gene Harris POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Kathryn M. Benjamin Mayor TELEPHONE (305) 589-5330 City Clerk CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA Notice of Public Hearing Qrdinance No�.Q=EJ=10 AN ORDINANCE ANNEXING THREE PARCELS OF LAND: PARCEL A LOCATED IN THE N.W. 1/4 OF SECTION 20, T 31 S, R 39 E AND PARCEL B PARTS ONE AND TWO BEING THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND OTHER LANDS IN S 17, T 31 S, R 39 E AND PARCEL C PARTS ONE AND TWO BEING THE N.W. 1/4 OF THE N.W. 1/4 OF THE S.W. 1/4, AND OTHER LANDS IN S 17, T 31 S, R 39 E, ALL SUCH PROPERTY BEING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND WEST OF WHISPERING PALMS MOBILE VILLAGE AND CONSISTING OF 151.6 ACRES, MORE OR LESS; PROVIDING AN EFFECTIVE DATE. The Council of the City of Sebastian, Florida, will hold a Public Hearing concerning the adoption of an Ordinance with the title as shown above at 7:00 p.m. on Wednesday, April 8, 1987, in the City Council Chambers, 1225 Main Street, Sebastian, Florida. At the conclusion of this Public Hearing or at a subsequent meeting, the Council may enact this ordinance into law. Interested parties may inspect the proposed ordinance in the Office of the City Clerk at City Hall, and may appear at the hearing and be heard with re- spect to the proposed ordinance. Anyone who may wish to appeal any decision which may be made 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. CITY OF SEBASTIAN, FLORIDA by: Kathryn M. Benjamin City Clerk PUBLISH: Press Journal - Monday, March 16, 23, 30 and April 6, 1987 Aak Sebastian General Partnership B.F.T. 10725 U.S. 1 - Suite 2 X11 P. O. Box 68 • Sebastian, Florida 32958 + (305) 589-7026 City Council c/o City Clerk City of Sebastian P.O. Box 127 Sebastian, FL 32958 City Council: City Clerk: February 11, 1987 FEB 1 2 1987 Re: Voluntary Annexation of 151.607 acres; Agenda of April 1, 1987. Please disregard the informative that we intend to develop our property as a mobile home planned unit development, as was stated in my letter of January 9, 1987. It is our intent to annex the subject property into the City of Sebastian and to continue our mining operation on the property. At this time we have no definate plans for development. We do not intend to seek rezoning at this time. In the future, when the best use of the property is determined, we will approach the City Council with a proposal for their consideration and input. Sincere Y. Jim Gallagher Executive Director O K r dIN N e -X -4- ?e7 o ,v TO fhsa 5 eo AAD R Ee ETdE -;?.YPq 7- le'R41ol /4-T 7H-4 T � F. 60,—' 4U77GL Q UES?-?cWs ed-a,VCZL rHF,14 Bees r• THOMAS C. PALMER ATTORNEY AT LAW P.O. BOX 145, 1627 U.S. HWY. •1, SEBASTIAN, FLORIDA 32958 305-589.7550 April 15, 1987 T0: Kathryn Benjamin, City Clerk RE: Advertising for Annexations It would be appropriate for the City to re -advertise the notice of Public Hearing on the recently passed ordinance on the 151± acres. The notice requirements were amended by the Florida Legislature in 1986 whereby the requirement for the map was added. It had not been a requirement before the recent amendment. Although the new law does not require that notice of public hearings be placed in any section other than the usual "Legal Notices Section," I suggest, if the costs are not prohibitive, that notices of Public Hearings for annexations be placed in the "Sebastian Section" of the Press Journal. If a new notice can be delivered to the P.J. not later than April 24, a new public hearing could be held on May 13, the second Wednesday in May. I recommend you refer this matter to the Mayor and get his decision on how he wishes the City to proceed. I intend to put together a chart or reference sheet for quick reference of the many and varying notice requirements for the various public hearings. I will try to get this to you in the next few weeks. As you know, it is sometimes easy to make a mistake in the notice requirements because these notice requirements are in many different places in both the State Statutes and throught the city Codes and the State Legislature seems to have an inclination to amend these rules almost every year or so. Thomas C. Palmer ORDINANCE NO. 0-87-10 - ANNEXATION 151.6 ACRES IST READING - APRIL 22 SCHEDULE PUBLIC HEARING FOR - MAY 27 ADVERTISE PRESS JOURNAL - APRIL 29, MAY 6, 13, 20 A0W*A AM% April 15, 1987 Talked to Mr. Richard Shearer, Chief, Long -Range Planning, Indian River County. He advised that all that is required is to insert copy of map with the Notice of Public Hearing as it will appear in Legal Notices. No special size, just large enough so that actual location is clear with identifying streets in area. No need to advertise on Sebastian page in 4 page size, just 4 consecutive weeks in Legal Notices. Not necessary to do Ordinance over again unless we wish to. County will not challenge this particular annexation. He discussed this matter with Attorney Palmer this morning. n Cita of Sebastian L. Gene Harris POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Mayor TELEPHONE (305) 589-5330 M E M 0 DATE: April 10, 1987 To: Carol Carswell Finance Director FROM: Kathryn Benjamin' City Clerk's Office Kathryn M. Benjamin City Clark RE: Check for Recording of Ordinance Nos. 0-87-10 & 0-87-13 Please issue us a check in the amount of $27.00 for recording of the following Ordinance: Q_87=10 AN ORDINANCE ANNEXING THREE PARCELS OF LAND: PARCEL A LOCATED IN THE N.W. 1/4 OF SECTION 20,T 31 S, R 39 E AND PARCEL B PARTS ONE AND TWO BEING THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND OTHER LANDS IN S 17, T 31 S, R 39 E AND PART THREE THEREOF IN S 20, T 31 S, R 39 E AND PARCEL C PARTS ONE AND TWO BEING THE N.W. 1/4 OF THE N.W. 1/4 OF THE S.W. 1/4, AND OTHER LANDS IN S. 17, T 31 S, R 39 E, ALL SUCI3 PROPERTY BEING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND WEST OF WHISPERING PALMS MOBILE VILLAGE AND CONSISTING OF 151.6 ACRES, MORE OR LESS; PROVIDING AN EFFECTIVE DATE. Q_KZ12 AN ORDINANCE ANNEXING LOT 17, SECTION 30, A.A. BERRY SUBDIVISION, LYING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND EAST OF DALE STREET, IN THE NORTHEAST SECTION OF THE CITY; PROVIDING AN EFFECTIVE DATE. l BOARD OF COUNTY COMMISSIG.. ERS 1840 25th Street, Vero Beach, Florida 32960 Telephone: (305) 567-8000 April 10, 1987 Ms. Elizabeth Reid, Deput CITY OF SEBASTIAN P.O. Box 127 Sebastian, FL 32958-0127 r Suncom Telephone: 424-1011 RE: ANNEXATION OF 151 ACRES IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST Dear Ms. Reid, Please be advised that the City of Sebastian provided inadequate public hearing notice prior to annexing 151 acres of land in Section 17, Township 31 South, Range 39 East, into the City on April 8, 1987. Section 171.044 (2) of the Florida Statutes (1986 supplement) requires that: The notice shall give the ordinance number and a brief, general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the City Clerk. The public hearing notice published in the Press Journal on April 6, 1987, did not contain a map of the area to be annexed. The County does not like to interfere with annexations by municipalities. However, municipalities need to follow the procedures outlined in the State Statutes. If you have any questions, feel free to contact me. Sincerely, Rid M. Shearer Chief, Long -Range Planning /vh cc: Robert M. Keating, AICP Charles Vitunac TO FLORIDA STATUTES 1985 s. 171.0413 pro- (a) The referendum on annexation shall be held at uch the next regularly scheduled election following the final mu- adoption of the ordinance of annexation by the govern- able ing body of the annexing municipality or at a special ver, election called for the purpose of holding the referen- nec- dum. However, the referendum, whether held at a regu- ;t to lady scheduled election or at a special election, shall not be held sooner than 30 days following the final adoption of the ordinance by the governing body of the annexing ;om- municipality. ;om- (b) The governing body of the annexing municipality are shall publish notice of the referendum on annexation at least once a week for the 4 consecutive weeks immedi- ately preceding the date of the referendum in a newspa- 81021 per ofgeneral circulation inthe area inwhich the referen- mw� dum is to be held. The notice shall give the ordinance number, the time and places for the referendum, and a brief, general description of the area proposed to be an- -The nexed. The description shall include a map clearly show- rvice ing the area and a statement that the complete legal de - hack, scription by metes and bounds and the ordinance can Mum be obtained from the office of the city clerk. draft, (c) On the day of the referendum on annexation fcipal there shall be prominently displayed at each polling ion to place a copy of the ordinance of annexation and a de- n this scription of the property proposed to be annexed. The of the description shall be by metes and bounds and shall in- clude a map clearly showing such area. (d) Ballots or mechanical voting devices used in the referendum on annexation shall offer the choice 'For an- nexation of property described in ordinance number of the City of _' and 'Against annexation of property described it ordinance number_ of the City of in that order. (e) If there is a separate majority vote for annexation in the annexing municipality and in the area proposed to be annexed, the ordinance of annexation shall be- come effective on the effective date specified therein. If there is a majority vote against annexation in either the licipal- annexing municipality or in the area proposed to be an - ed ter- nexed, or in both, the ordinance shall not become effec- tive, and the area proposed to be annexed shall not be Df con- the subject of an annexation ordinance by the annexing call be municipality for a period of 2 years from the date of the nunici- referendum on annexation. 7n of a (3) Any improved parcel of land which is owned by >6.047. one individual, corporation, or legal entity, or owned col- ionably lectively by one or more individuals, corporations, or le he ordi- gal entities, proposed to be annexed under the provi- endum sions of this act shall not be severed, separated, divid- e, if ap- ed, or partitioned by the provisions of said ordinance, iecome but shall, if intended to be annexed, or if annexed, under aerwise the provisions of this act, be annexed in its entirety and sear fol- as a whole. However, nothing herein contained shall be construed as affecting the validity or enforceability of once of any ordinance declaring an intention to annex land un- ing mu- der the existing law that has been enacted by a munici- operale pality prior to July 1, 1975. The owner of such properly munici- may waive the requirements of this subsection if such Tho .of. owner does not desire all of his tract or parcel included a. 171.0413 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.175.021 stitute a uniform method for the adoption of an ordi- nance of annexation by the governing body of any mu- nicipality in this state, and all existing provisions of spe- cial laws which establish municipal annexation proce- dures are repealed hereby; except that any provision or Provisions of special law or laws which prohibit annexa- tion of territory that is separated from the annexing mu- nicipality by a body of water or watercourse shall not be repealed. (5) If more than 70 percent of the land in an area pro- posed to be annexed is owned by individuals, corpora- tions, or legal entities which are not registered electors of such area, such area shall not be annexed unless the owners of more than 50 percent of the land in such area consent to such annexation. Such consent shall be ob- tained by the parties proposing the annexation prior to the referendum to be held on the annexation. Hiskn.—s. 2. N.75-287-, s. 1. di. 76-176: S. 47. ch. 77-104; s. 1, ch. eD-350. s 76. u,. 81-259: S. 1. M.86-113. 171.044 Voluntary annexation.— (1) The owner or owners of real property in an unin- corporated area of a county which is contiguous to a mu- nicipality and reasonably compact may petition the gov- erning body of said municipality that said property be annexed to the municipality. (2) Upon determination by the governing body of the municipality that the petition bears the signatures of all owners of property in the area proposed to be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property. Said ordinance shall be passed after no- tice of the annexation has been published once a week for 4 consecutive weeks in some newspaper in such city or town or, if no newspaper is published in said city or town, then in a newspaper published in the same coun- ty; and if no newspaper is published in said county, then at least three printed copies of said notice shall be post- ed for 4 consecutive weeks at some conspicuous place in said city or town. The notice shall give the ordinance number and a brief, general description of the area pro - Posed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the city clerk. (3) An ordinance adopted hereunder shall be filed with the clerk of the circuit court of the county in which the municipality is located and with the Department of State. (4) The method of annexation provided by this sec- tion shall be supplemental to any other procedure pro- wded by general or special law; except that this section 01,111 not apply to municipalities in counties with charters which provide for an exclusive method of municipal an - 1a ration. (5) Land shall not be annexed through voluntary an- nexation when such annexation results in the creation of W ,nclaves. 175.021 Legislative declaration.—It is hereby de- clared by the Legislature that firefighters, as hereinafter defined, perform state and municipal functions; that it is their duty to extinguish fires, to protect life, and to pro- tect property at their own risk and peril; that it is their duty to prevent conflagration and to continuously in- struct school personnel, public officials, and private citi- zens in the prevention of fires and firesafety; that they protect both life and property from local emergencies as defined in s. 252.34(2); and that their activities are vital to the public safety. Therefore, the Legislature declares that it is a proper and legitimate state purpose to pro- vide a uniform retirement system for the benefit of fire- fighters as hereinafter defined and intends, in imple- menting the provisions of s. 14, Art. X of the State Con- stitution as they relate to municipal firefighters' pension trust fund systems and plans, that such retirement sys- tems or plans be managed, administered, operated, and •... -,-1 .- -...J. -------- -- I- Ii.a n M.Minn of CHAPTER 175 MUNICIPAL FIREFIGHTERS PENSION TRUST FUNDS 175.021 Legislative declaration. 175.032 Definitions. 175.061 Board of trustees; members, terms of office. 175.071 Powers of board of trustees. 175.091 Creation and maintenance of fund. 175.101 Two -percent state excise tax on property in- surance premiums authorized; procedure. 175.121 Insurance Commissioner and Treasurer to keep accounts of deposits; disbursements. 175.131 Funds received by municipality; deposit in municipal firefighters' pension trust fund. 175.141 Payment of excise tax credit on similar state excise or license tax. 175.152 Contributions. 175.162 Requirements for retirement. 175.171 Optional forms of retirement income. 175.191 Disability retirement. 175.201 Death prior to retirement; refunds of contribu- tions; death benefits. 175.261 Report to Department of Insurance. 175.291 Attorney for municipality to represent board of trustees upon request; option to employ independent counsel and other persons. 175.301 Depository for pension funds. 175.311 Municipalities and boards independent of oth- er municipalities and boards and of each other. 175.333 Discrimination in benefit formula prohibited. 175.351 Municipalities having their own pension plans for firefighters. 175.361 Termination of plan and distribution of fund. 175.371 Transfer to another state retirement system; benefits payable. 175.381 Applicability of chapter 86-41, Laws of Flori- da. 175.391 Costs; attorney's fees. 175.021 Legislative declaration.—It is hereby de- clared by the Legislature that firefighters, as hereinafter defined, perform state and municipal functions; that it is their duty to extinguish fires, to protect life, and to pro- tect property at their own risk and peril; that it is their duty to prevent conflagration and to continuously in- struct school personnel, public officials, and private citi- zens in the prevention of fires and firesafety; that they protect both life and property from local emergencies as defined in s. 252.34(2); and that their activities are vital to the public safety. Therefore, the Legislature declares that it is a proper and legitimate state purpose to pro- vide a uniform retirement system for the benefit of fire- fighters as hereinafter defined and intends, in imple- menting the provisions of s. 14, Art. X of the State Con- stitution as they relate to municipal firefighters' pension trust fund systems and plans, that such retirement sys- tems or plans be managed, administered, operated, and •... -,-1 .- -...J. -------- -- I- Ii.a n M.Minn of ffi iII.«DO!NmaOpc.NV«romJaCwmN «Np,OCmDwON IIDnN7��NvNNa0DomDjmDn'-TJ> ;UmNE� _-N>m 'CJZ•mmN�.aU1N-� mCm c` . ;. c.a$ �rlv?,PTMPIPRM °- ac J m c w, .0 00m>cmE mm-Ew c- oo.er yc4T�>�E CLp ��ot m0da.jb. Cl c yt'«m0 mL y N N T�Ca p.N m 3 m N m NNmiyy NyppO. n c -0 CL0_ aCCm°d°jE-Jm 3: am iJm j>N EOn OCOnOO O - c Uj•U"roiy=. �CCm.—O-�CEro« Crocc_LmNNro•m n d m>a OC -j .9 0 CL Q. 80 J'EN >m0OEa J &AE_v" �>.00DU pO �OOO T ON m ,Om roC mCyOap> �romC m mymO m n - c N OCD Q. 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' °m3o amEm33OEwE p iam33a0.2,>c�.,t 3 E v_t� «Dro ; 000 «�o.O > C w xcmo mv3a-w y�cNJao 0Dt a EuaNwnm a Cl -E 00 02 Qn dc ro roa0«wC m `�mom aM- ma0 am ZE«_$wcOmowv lnLy ap-MLO-w- Ewv m.0esmw�a�a OU66C>U' xLN oNWy0 v_ _N°l m-,c d O C m C Om U C gNaf OroDC pmTroEC - m ,.CB Jroc mmm a- 0-2- 00 5aTT Dom° '=amt C"cccm0 m3c`�M-co� �y «c°ao oa 1CL C >Nro`am 0001 mOD.�O�Jv.N �m�00 m�0 O1 0 ,aom TN� CL m e> E x pUj C ° «Qycm CYi—aux mY ami--cZm—E 3 my m�=C_Afi .� CLECL EC Ew0EZcZwxE•-«Zmm°2.-oo-a_a E� E._cooa» 3orwcti0>mm>mNmmjcE°pN�'�m��o�mm CIO C-� yN�Na]C 'aro ac Dmm aOgmuiL`Lm cE `l�»awNN.m>oc__.OwOq m o'»Y�5EaO0_EomNy«mo w,owDOxop . nm �QD mm Ln.. ccaC'imcNm m° a « )CEC VN • NON.a -0, 6r) m.O m 3v gc o0E 3 3$ qI xSy >>rov DJC mr m -_.c m c N O .-Cum .N• m« C O Ncn CNm$ m«N C N 0 3 0 a m O O >L> V« E L o N .gNa� _ETA 0i>L v� J0v °` 0 0" n L w a 3 m o J c cc cum mp,20-0f0«mvw mMa D -M50 -0cc - O 1E_m 0-0.r ¢c 6 pApc S >,,O `CLO NCE NN y_o g.omti a L w 00 010 �.° c v m a o >_ °c'NE mwo N�m�ov-. am rn�U �L� L C" N m �• N m a O C D C Ya amj N N N U o E y o n.cm $ m 'N 0 0 p 00 c�O)-� UDLc O > UNN N ro 3 CLCD o~ E otYa.oH.`m EM -0 SOcov>noV3$vo$ I BOA-.D OF COUNTY COMMISSIOA-RS V 1840 25th Street, Vero Beach, Florida 32960 AYE Telephone: (305) 567-8000 April 10, 1987 Ms. Elizabeth Reid, Deput CITY OF SEBASTIAN P.O. Box 127 Sebastian, FL 32958-0127 lls Suncom Telephone: 424-1011 RE: ANNEXATION OF 151 ACRES IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST Dear Ms. Reid, Please be advised that the City of Sebastian provided inadequate public hearing notice prior to annexing 151 acres of land in Section 17, Township 31 South, Range 39 East, into the City on April 8, 1987. Section 171.044 (2) of the Florida Statutes (1986 supplement) requires that: The notice shall give the ordinance number and a brief, general description of the area proposed to be annexed. The description shall include a map clearlv showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the City Clerk. The public hearing notice published in the Press Journal on April 6, 1987, did not contain a map of the area to be annexed. The County does not like to interfere with annexations by municipalities. However, municipalities need to follow the procedures outlined in the State Statutes. If you have any questions, feel free to contact me. Sincerely, Richard M. Shearer Chief, Long -Range Planning /vh cc: Robert M. Keating, AICP Charles Vitunac m JPS voz �. 4110A" 6 171. oqq D r E +aNONA� �mm£s m G)n m�ml^m 3 bm]o> dom$° 20 m Oo39. .mpJ2 m n^Ja� r o' b _ :d0mmT Smugm S^m -F'�-m`- <<�MOM O>�ZO qct Y maoio .b.,n z -D dim m O� 'c3co-N al aFal v mm ] J a -j 3 F= o mm Dj�n Tl S 'cO G m b ' K N 3 Am 1m n am w JO+mnn s m3 Tm 1 ML., n J J O c� o LANCE STcn .JTT A� W Zmo 0 J< ,bb m m.4m r)Mx OR T <q o 'o n °i a -n• m O d-� OTC m00 332.*, 3 n O.m D o y b� b - ca Ta£ dN v'< �3mamJ TND m 01 mmD m ry b j < £ b•y ry] p] b F +O 'n m m n R J T<anv D O c < a, T'v ''a n (1w Ti Tb m wN$CPW.a M.n n o c J p c T?°7Jmv O D M � N _ • - m MO < < 3. m o F� TZ 3 mo ja. b ma a myy �i�avu�Om �<SmOp�mCm"'I NAm Y SOO m m SIG Tc =0n �0?N=ema�m iac' mS?m�<onMgm.'n 00,523 HOW c-;zto=3F'n SX -9Z 3�-=.am mmn m OTummSJ- Z r o m�m_i=o paB ovv rDD�n Nfmm((((1111+.q m d_ I05.�m�± mm4.`� "R4?na Y+o? m m�gms�_;g a zzg m33 �mm£s m G)n m -v Dnm dom$° 20 m Oo39. .mpJ2 m iZ N 9I. 9'1 m0 pO G^ Smugm S^m -F'�-m`- <<�MOM O>�ZO qct Y maoio 6- 3 -3 •°v _ DNr-1 yl oO m: ma' m¢ aFal v mm DD a -j 3 F= o mm Dj�n Tl S 'cO G m i�m <25 m4-mDo mpy-m- p < A W J m t b �m °i Nn i mm D iZ o� W -'W ^1 O< N m T n -m m' Tw r_ Z 00 n'mc DD mJ dma Z A�N t J w p < A W J m m p lc co 4 c� o LANCE STcn Zmo T <q o 'o n G mO b n - v'< TND mmD b•y +O 'n nia 6�S� CS Tb m M.n n O D M � /gym• F� TZ 3 < m E in =. w 3 M, 1 mi m T Jco o avo- .J _. m m o 01 im was O m W O S � v m cr D a - n y N � S X CL A m � m N A � e O � C C Z T a r' a d D CITY L1 11 1'' D > oa SCHUMANN DR. c� o LANCE STcn 6�S� CS /gym• in 1 mi z�" City of Sebastian L. Gene Harris POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978-0127 Kathryn M. Benjamin Mayor TELEPHONE (305) 589-5330 City Clerk CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA Notice of Public Hearing MINANQN NQS Q=$Z=10 AN ORDINANCE ANNEXING THREE PARCELS OF LAND: PARCEL A BEING PART OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AND PARCEL B PARTS ONE AND TWO BEING THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND OTHER ADJACENT LANDS ALL IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AND PART THREE OF PARCEL B BEING THE WEST THIRTY FEET OF THE NORTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AND PARCEL C PARTS ONE AND TWO BEING THE NORTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF THE SOUTHWEST ONE QUARTER AND THE SOUTH ONE HALF OF THE NORTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF THE SOUTHWEST ONE QUARTER, ALL OF PARCEL C BEING IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST; ALL SUCH PROPERTY BEING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND WEST OF WHISPERING PALMS MOBILE VILLAGE AND CONSISTING OF 151.607 ACRES, MORE OR LESS; PROVIDING AN EFFECTIVE DATE. The Council of the City of Sebastian, Florida, will hold a Public Hearing concerning the adoption of an Ordinance with the title as shown above at 7:00 p.m. on Wednesday, May 27, 1987, in the City Council Chambers, 1225 Main Street, Sebastian, Florida. At the conclusion of this Public Hearing or at a subsequent meeting, the Council may enact this ordinance into law. Interested parties may inspect the proposed ordinance in the Office of the City Clerk at City Hall, and may appear at the hearing and be heard with re- spect to the proposed ordinance. Anyone who may wish to appeal any decision which may be made 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. A map of the area proposed to be annexed is a part of this notice pursuant to Florida Statutes. CITY OF SEBASTIAN, FLORIDA PUBLISH; Press Journal - April 29, by: Kathryn M. Benjamin May 6, 13, 20, 1987 City Clerk 1 City of Sebastian L. Gene Harris POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978-0127 Mayor TELEPHONE (305) 589-5330 April 27, 1987 Mr. Richard Shearer Planning Department Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Mr. Shearer: Kathryn M. Benjamin City Clark For your records we are enclosing copy of Revised Ordinance No. 0-87-10 annexing 151.607 acres. A Public Hearing and possible action to adopt will be held on May 27 at 7:00 P.M. Very truly yours, Eliza eth Reid Deputy City Clerk LR Enc. Sebastian General Partnership B.F.T. P. O. Box 68 * Sebastian, Florida 32958 * (305) 589-7026 April 23, 1987 Mr. Richard M. Shearer, Chief, Long -Range Planning Board of County Commissioners 1$40 25th Street Vero Beach, FL 32960 Dear Mr. Shearer: At last eveningts Sebastian City Council meeting, a Sebastian resident informed the City Council that you were unaware of our 151.6 acre property located south of Schumann Drive and west of the F.E.C. railroad being annexed into the City of Sebastian. The Council was also informed that you and the County staff would like to closely review the annexation documents and, possibly, undertake extensive study of our property regarding traffic, sewer, water, etc. Although the information provided the City Council is in conflict with your letter to Deputy City Clerk, Ms. Elizabeth Reid, dated April 10, 19879 where it is stated that the County does not like to interfere with annexations by municipalities, I feel that it best to welcome and invite you to examin our maps and records related to our property. Certified copies of property deeds, surveys, aerial photo- graphs, location maps, and, our petition for voluntary annexation can be obtained from Sebastian City Clerk, Ms. Kay Benjamin. Information about our citrus grove, sand mine, wells, and, improvements located on the property can be obtained from my office at your convenience. In addition, specific information and studies of property value, soil content, water table, elevation, and, percolation can be obtained from County Utility Director, Terry Pinto. As a result of the County's interest in purchasing our property and negotiations for purchase conducted between this company, County Commissioner Scurllock, County Attorney Charles Vitunac, and Mr. Pinto, the County has compiled an extensive information library on the subject property. In closing, I invite you to take a personal tour of our property at your convenience, Sincere , Jim Gallaghe , Executive Director cc: City Council City of Sebastian L. Gene Harris POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978-0127 Mayor TELEPHONE (305) 589-5330 April 23, 1987 Vero Beach Press Journal P. 0. Box 1268 Vero Beach, Florida 32960 Gentlemen: Kathryn M. Benjamin City Clerk Please publish the enclosed Notice of Public Hearing in the Press Journal on April 29, May 6, 13, 20, 1987. Public Iiearing to be held on May 27 concerning the adoption of Ordinance No. 0-87-10. We are also enclosing copy of map which must also be published with the notice. Very truly yours, Elizabeth Reid Deputy City Clerk LR Enc. City of Sebastian 00.. L. Gene Harris POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978-0127 Mayor TELEPHONE (305) 589-5330 April 22, 1987 Mr. Richard Shearer Planning Department Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Mr. Shearer: Kathryn M. Benjamin City Clark As a follow-up to our phone conversation on the above date, we are enclosing copy of Exhibit A which was inadvertently not attached to your copy of Ordinance No. 0-87-10 - Annexation of 151 acres. This is the legal description which accompanied the original Petition for Annexation. We are also enclosing a small map. Please call if we can be of further help. Very truly yours, /J Elizabeth Reid Deputy City Clerk LR Enc. L. Gene Harris Mayor DATE: TO: FROM: RE: Cite of Sebastian POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Kathryn M. Benjamin TELEPHONE (305) 589-5330 City Clerk M E M April 22, 1987 Mayor & City Council Kathryn M. Benjamin City Clerk d� Exhibit A to Ordinance No. 0-87-10 501 Attached please find Exhibit A to Ordinance No. 0-87-10 which may have been inadvertently left out when you received your copy of the Ordinance. ,.. April 16, 1987 n TO: Kathryn M. Benjamin, City Clerk l FROM: Mayor L. Gene Harri�\,SS''/ RE: Advertising for Annexations ----------------------------------------------- In response to your inquiry regarding the attached memo from Attorney Palmer, dated 4/15/87, concerning advertising for annexations, please place this item on the 4/22/87 meeting agenda for the City Council to redetermine the public hearing date. I agree with Attorney Palmer that we try to accomplish this by 5/13/87 and hope that we can make that date in order to resolve this error. LGH/jmt Attach. cc: Sebastian City Council Attorney Tom Palmer 061 of Sebastian L. Gene Harris POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Mayor TELEPHONE (305) 589-5330 M E M 0 DATE: April 16, 1987 TO: Mayor & City Council FROM: Kathryn M. Benjamin City Clerk RE: Ordinance No. 0-87-10 Please see (12)(B) under Old Business, Page 2. Due to the fact that a map did not accompany the legal advertisement according to Florida State Statue we will repeat the First Reading of the Ordinance to enable Council Members to establish a Public Hearing date in accordance with the Florida State Statute 171.044 (2) April 29, May 6, 13 and 20, 1987. This will place the Public Hearing on May 27, 1987. (sam) tiv K' City) of Sebastian L. Gene Harris POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958.0127 Mayor TELEPHONE (305) 589-5330 M E M 0 DATE: April 16, 1987 TO: Mayor & City Council FROM: Kathryn M. Benjamin City Clerk RE: Ordinance No. 0 -87 -10 ------------------------------------------ Please see (12)(B) under Old Business, Page 2. Due to the fact that a map did not accompany the legal advertisement according to Florida State Statue we will repeat the First Reading of the Ordinance to enable Council Members to establish a Public Hearing date in accordance with the Florida State Statute 171.044 (2) April 29, May 6, 13 and 20, 1987. This will place the Public Hearing on May 27, 1987. (Sam) May 27, 1987 TO: MAYOR AND CITY COUNCIL MEMBERS FROM: COUNCILMAN GEORGE METCALF Attached is a copy of a proposed Indian River County Ordinance relative to re -charge of the aquifer in the Coastal Sand Ridge. Fresh water is the most pressing problem of the State of Florida at this time. This Ordinance will be presented to the Indian River County Planning and Zoning Commission tomorrow night at 7:30 P.M. Paragraph 5, Page 5, may explain the rush action requested on the annexation of 151 acres in Ordinance No. 0-87-10. I GM: 1-r Attch. / i+ THOMAS C. PALMER ATTORNEY AT LAW n P.O. BOX 145, 1627 U.S. HWY. 01, SEBASTIAN, FLORIDA 32958 305-589.7550 MEMO TO FILE FISCHER ANNEXATION ORDINANCE NO. 0-87-10 PART THREE OF PARCEL C HAS BEEN DELETED BECAUSE THE APPLICANT DOES NOT OWN SAID PARCEL. THIS PARCEL WAS THOUGHT TO BE ADJACENT TO THE WEST OF PARCEL A. UPON CAREFUL REVIEW OF THE SURVEY AND LEGAL DESCRIPT - ION BY THE ADMINISTRATION, IT WAS DISCOVERED THAT PART 3 OF PARCEL THREE WAS NOT AS DEPICTED ON THE SURVEYED DRAWINGS. THEREFORE SAID PARCEL WAS DROPPED FROM THE ORDINANCE AND THE CORRESPONDING AMENDMENTS WERE MADE TO THE ORDINANCE, TO EXHBIT "A", AND TO THE DRAWINGS IN THE FILE. Thomas C. Palmer June 2, 1987 AWWA THOMAS C. PALMER ATTORNEY AT LAW AMA P.O. BOX 145, 1627 U.S. HWY. #1, SEBASTIAN, FLORIDA 32958 305-589-7550 June 3, 1987 MEMO TO FILE: FISCHED ANNEXATION ORDINANCE NO. 0-87-10 What had been described in its application as part 3 of Parcel B has been deleted from the ordinance because that parcel is not owned by the applicant. That parcel is shown as a strip of land 30 feet wide and west of & adjacent to parcel A. Parcel A is the small triangle that juts down along the railroad right of way. The deleted parcel has been so marked on the drawings in the file on this matter to reflect that the said 30 feet wide strip that was originally shown thereon is not annexed into the City limits by this Ordinance. Exhibit "A" to the Ordinance has likewise been amended to reflect this deletion. The deleted parcel comprises 1.273 acres. Thomas C. Palmer AMN Sebastian General Partnership B.F.T. P. O. Box 68 * Sebastian, Florida 32958 * (305) 589-7026 June 4, 1987 The Honorable L. Gene Harris, Mayor City of Sebastian P.O. Box 127 Sebastian, FL 32958 Re: Annexation of 151+ acres, PARCEL B, PART THREE. Dear Mayor Harris: As a result of my error, a thirty foot strip of property, which is not contiguous to the main property areas of our annexation, was included in our annexation application. I mistakenly supplied the City with the legal description of this thirty foot strip and mislocated it on our graphics. It was my understanding, at the time, that a swap had occured with an adjacent property owner in the past for a new strip which would have been contiguous. However, that swap has not been completed. Following your bringing the matter to my attention, I researched the property files and confirmed my error. It would be appreciated if you would bring this matter to the City Council at the June 10 1987 meeting to have the thirty foot strip(PARCEL B, PART.THREE) deleted from the annexation ordinance. Thank you for bringing this matter to my attention. Sincere 7JimimGallagher, Executive Director cc: City Council Attorney Palmer City Clerk Attachment(Map) City of Sebastian .1. L. Gene Harris POST OFFICE BOX 780127 O SEBASTIAN. FLORIDA 32978-0127 Mayor TELEPHONE (305) 589-5330 July 1, 1987 Legal Advertising Vero Beach Press Journal P. 0. Box 1268 Vero Beach, Florida 32960 Gentlemen: Kathryn M. Benjamin City Clerk Please publish the enclosed Notice of Public Hearing for 4 consecutive weeks - July 13, 20, 27 and August 3, 1987_- Ordinance No. 0-87-10. Also enclosed is copy of map to be included in notice. This ordinance and map have been advertised before, each time with some alteration. Please note there is only one change in the map - - the figure "151" has been changed to "150". If there are any questions, please call. Very truly yours, fE162�eth� Reid Deputy City Clerk LR Enc. VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of the lished In said newspaper in the issues of e7— Court, was pub - Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before ffoe thiss.,qday of a A.D. ZW Manager) AN ORDINANCE ANNEXING THREE PARCELS OF LAND: PARCEL A BEING PART OF QUARTER SECTION SOUTHWEST ONE QUARTER AND THE SOUTH UNE HALL ut THE NUHI HwtaI urve QUARTER OF THE NORTHWEST ONE QUARTER OF THE SOUTHWEST ONE QUARTER, ALL OF PARCEL C BEING IN SECTION 17, TOWNSHIP 31 SOUTH. RANGE 39 EAST: ALL SUCH PROPERTY BEING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND WEST OF WHISPERING PALMS MOBILE VILLAGE AND CONSISTING OF 150.654 ACRES, MORE OR LESS: PROVIDING AN EFFECTIVE DATE. The Council of the City of Sebastian, Florida, will hold a Public Hearing concerning the adoption of an Ordinance with the title as shown above at 7:00 p.m. on Wednesday. August 12, 1987, in the City Council Chambers, 1225 Main Street, Sebastian, Florida. At the conclusion of the Public Hear- ing or at a subsequent meeting, the Council may enact this ordinance into law. Interested parties may Inspect the proposed ordinance in the Office of the City Clark at City Hall, and may appear at the hearing and be heard with respect to the proposed ordinance. Anyone who may wish to appeal any decision which may be made at this hearing will need to en- sure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. A map of the area proposed to be annexed is a part of this notice pursuant to Florida Statutes. CITY OF SEBASTIAN. FLORIDA By: Kathryn M. Benjamin City Clark July 13, 20, 27. August 3, 1987 \ .i�0 K !�| w �-�:-��)■k/ ;®•32��.0#�a;.,' ®2]§•�)f0 jvQ szwwA(w ]§§!:02#§ .U m,(.mt§�[{°E®vt \2 !ew{M§]{ ;; @\ - `:ag �B4gyroe'. 7a!`~i-§i- ��)]«� � G ��/ �o |;gg0 »))§ 0.C4, 2;\ ;§, .§E-2c6!;_"c !�;a2 #iI- !O\£|\ ��)={§]§§|§§`®0);w )7ek rMQ City of Sebastian L. Gene Harris POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978-0127 Mayor TELEPHONE (305) 589-5330 September 4, 1987 Ms. Alpha Piland Office of the Governor OPB- Revenue & Economic Analysis The Capitol Tallahasee, Florida 32399-0001 Dear Ms. Piland: Kathryn M. O'Halloran City Clerk Due to an oversight in my original letter on August 31, 1987, attached please find a map showing the area of Annexation as described in Ordinance No. 0-87-10. Sincerely yours, Kathryn M. O'Halloran City Clerk KMO/daw 0 L. Gene Harris Mayor City of Sebastian ... POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978-0127 Kathryn M. O'Halloran TELEPHONE (305) 589-5330 City Clerk September 4, 1987 Mr. Sid Poe Manager - Treasure Coast Southern Bell 3300 Okeechobee Road Suite 223 Ft. Pierce, Florida 33450 Dear Mr. Poe: Due to an oversight in my original letter on August 31, 1987, attached please find a map showing the area of Annexation as described in Ordinance No. 0-87-10. Sincerely yours, X av , 4� O , ecvla. Kathryn M. O'Halloran A5�) City Clerk KMO/daw 4, City of Sebastian L. Gene Harris POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978-0127 Mayor TELEPHONE (305) 589-5330 September 4, 1987 Kathryn M. O'Halloran City Clerk Mr. Les Solin 1201 19th Place, Suite 101 Vero Beach, Florida 32960 Dear Mr. Solin: Due to an oversight in my original letter on August 31, 1987, attached please find a map showing the area of Annexation as described in Ordinance No. 0-87-10. Sincerely yours, /Kathryn M. O'Halloran City Clerk KMO/daw t, City of Sebastian L. Gene Halls POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978-0127 Mayor TELEPHONE (305) 589-5330 September 4, 1987 Mrs. Anne Robinson Supervisor of Elections Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Mrs. Robinson: Kathryn M. O'Halloran City Clerk Due to an oversight in my original letter on August 31, 1987, attached please find a map showing the area of Annexation as described in Ordinance No. 0-87-10. Sincerely yours, Kathryn M. O'Halloran City Clerk KMO/daw City of Sebastian L. Gene Harris POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978-0127 Mayor TELEPHONE (305) 589-5330 September 4, 1987 Planning Department Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Sirs: Kathryn M. O'Halloran C,ly Clerk Due to an oversight in my original letter on August 31, 1987, attached please find a map showing the area of Annexation as described in Ordinance No. 0-87-10. Sincerely yours, Kathryn M. O'Halloran City Clerk KMO/daw r, City of Sebastian L. Gene Harris POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978-0127 Mayor TELEPHONE (305) 589-5330 September 4, 1987 Mr. David Nolte, Property Appraiser Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Mr. Nolte: Kathryn M. O'Halloran City Clerk Due to an oversight in my original letter on August 31, 1987, attached please find a map showing the area of Annexation as described in Ordinance No. 0-87-10. Sincerely yours, Kathryn M. O'Halloran City Clerk KMO/daw L. Gene Harris Mayor City of Sebastian POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978-0127 Kathryn M. O'Halloran TELEPHONE (305) 589-5330 City Clerk September 4, 1987 Board of County Commissioners Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Sirs: Due to an oversight in my original letter on August 31, 1987, attached please find a map showing the area of Annexation as described in Ordinance No. 0-87-10. Sincerely yours, Kathryn M. O'Halloran City Clerk KMO/daw L. Gene Harris Mayor City of Sebastian POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978-0127 Kathryn M. O'Halloran TELEPHONE (305) 589-5330 City Clerk September 4, 1987 Mr. George Firestone Secretary of State State of Florida The Capitol Tallahassee, Florida 32301 Dear Mr. Firestone: Due to an oversight in my original letter on August 31, 1987, attached please find a map showing the area of Annexation as described in Ordinance No. 0-87-10. Sincerely yours, 1, Kathryn M. O'Halloran City Clerk KMO/daw a L. Gene Harris Mayor City of Sebastian POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978-0127 Kathryn M. O'Halloran TELEPHONE (305) 589-5330 City Clerk August 31, 1987 Ms. Alpha Piland Office of the Governer OPB-Revenue & Economic Analysis The Capitol Tallahassee, Florida 32399-0001 Dear Ms. Piland: Enclosed please find a copy of the recorded Annexation Ordinance No. 0-87-10, approved by the Sebastian City Council on August 12, 1987. Also No, 0-87-15 approved on June 10, 1987. If you have any questions, please do not hesitate to contact me. Sincerely, Kathryn M. O'Halloran City Clerk KMB/sam City of Sebastian L. Gene Harris POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978-0127 Mayor TELEPHONE (305) 589-5330 August 31, 1987 Mr. Sid Poe Manager -Treasure Coast Southern Bell 3300 Okeechobee Road Suite 223 Ft. Pierce, Florida 33450 Kathryn M. O'Halloran City Clerk Dear Mr. Poe: Enclosed please find a copy of the recorded Annexation Ordinance No. 0-87-10, approved by the Sebastian City Council on August 12, 1987. Also No. 0-87-15 approved on June 10, 1987. If you have any questions, please do not hesitate to contact me. Sincerely, Kathryn M. O'Halloran City Clerk KMB/sam City of Sebastian L. Gene Harris POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978-0127 Mayor TELEPHONE (305) 589-5330 August 31, 1987 Mr. Les Solin 1201 19th Place, Suite 101 Vero Beach, Florida 32960 Dear Mr. Solin: Kathryn M. O'Halloran City Clark Enclosed please find a copy of the recorded Annexation Ordinance No. 0-87-10, approved by the Sebastian City Council on August 12, 1987. Also No. 0-87-15 approved on June 10, 1987. If you have any questions, please do not hesitate to contact me. Sincerely, Kathryn M. O'Halloran City Cleric KMB/sam 6. City of Sebastian L. Gene Harris POST OFFICE BOX 780127 O SEBASTIAN. FLORIDA 32978-0127 Mayor TELEPHONE (305) 589-5330 August 31, 1987 Mrs. Anne Robinson Supervisor of Elections Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Mrs. Robinson: Kathryn M. O'Halloran City Clerk Enclosed please find a copy of the recorded Annexation Ordinance No. 0-87-10, approved by the Sebastian City Council on August 12, 1987. Also No. 0-87-15 approved on June 10, 1987. If you have any questions, please do not hesitate to contact me. Sincerely, Kathryn M. O'Halloran City Clerk KMB/sam A. City of Sebastian 0^ L. Gene Harris POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978-0127 Mayor TELEPHONE (305) 589-5330 August 31, 1987 Planning Department Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Sirs: Kathryn M. O'Halloran City Clark Enclosed please find a copy of the recorded Annexation Ordinance No. 0-87-10, approved by the Sebastian City Council on August 12, 1987. Also No. 0-87-15 approved on June 10, 1987. If you have any questions, please do not hesitate to contact me. Sincerely, Kathryn M. O'Halloran City Clerk KMB/sam 6, City of Sebastian L. Gene Harris POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978-0127 Mayor TELEPHONE (305) 589-5330 August 31, 1987 Mr. David Nolte, Property Appraiser Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Mr. Nolte: Kathryn M. O'Halloran City Clerk Enclosed please find a copy of the recorded Annexation Ordinance No. 0-87-10, approved by the Sebastian City Council on August 12, 1987. Also No. 0-87-15 approved on June 10, 1987. If you have any questions, please do not hesitate to contact me. Sincerely, Kathryn M. O'Halloran City Clerk KMB/sam City of Sebastian L. Gane Halls POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978-0127 Mayor TELEPHONE (305) 589-5330 August 31, 1987 Board of County Commissioners Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Sirs: Kathryn M. O'Halloran City Cierk Enclosed please find a copy of the recorded Annexation Ordinance No. 0-87-10, approved by the Sebastian City Council on August 12, 1987. Also No. 0-87-15 approved on June 10, 1987. If you have any questions, please do not hesitate to contact me. Sincerely, Rathryn M. O'Halloran City Clerk RMB/sam L. Gene Harris Mayor City of Sebastian POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978-0127 Kathryn M. O'Halloran TELEPHONE (305) 589-5330 City Clerk August 31, 1987 Mr. George Firestone Secretary of State State of Florida The Capitol Tallahassee, FL 32301 Dear Mr. Firestone: Enclosed please find a copy of the recorded Annexation Ordinance No. 0-87-10, approved by the Sebastian City Council on August 12, 1987. Also No. 0-87-15 approved on June 10, 1987. If you have any questions, please do not hesitate to contact me. Sincerely, Kathryn M. O'Halloran City Clerk KMB/Sam SEBf.--- AN N! HIGhI ANPS '�U�j� AV 'a N . A. CITV ON SEBASTUW 1 ' H{PUW RIVER COUNTY FLOO11A-• I 'N Notice of Pu01k H�w71n{p f i AN ORDINANCE ANNE%INGTHREEOPAARCELS 01: LAND. pARCi& SEING PART OF THE PARCEL NORTHEAST PARTS ONE ANPR OF $TWO SEINTION G THE SOUTHWEST, QUARTER OF THE EAST - AND ' WEST OIIARTER AND THE SO4TH_WT QUARTER OF THE SOUTHWEST QUARTER OF :.THE NORTHWEST OUARTERb1ND. OTHER ADJACENT LANG-THWEST ALL: IN SECTION OF TOWNSHIP 31'SOUTH, RANGE 39 EAST; AND PART THREE OF PARCEL B BEING THE ' '• ' 17. WEST THIRTY FEET OF THE NORTHWEST ONE QUARTER OF THE NORTHEAST ONE L QUARTER TOWNSHIP UARFPARSONE AND TWO OENG THE NORTHWESTRTHWEST ONE RANGE 39 OT NORTHWEST 1.•: 'ONE QUARTER OF THE SOUTHWEST ONE QUARTER AND THE SOUTH ONE HALF OF THE NORTHWEST ONE QUARTER OF THE NORTHWEST ONE GUARTER OF THE 1,' SOUTHWEST SOUTH, RANGEN a EABTTALL SU OF PARCEL BEING WESBEING IN T OF THE 17, AHIEAST :1 COAST RAILROAD RIGHT OF -WAY AND WEST OF WHISPERING PALMS MOBILE VIL- 1 j LATE AND CONSIST Q .1 1. Egg.M LESS• p OVIDING AN EFFECTIVE " GATE. , .. Pxrk3�♦ s 4'�1 QP€�� iI ,� , The Counoll of the City of Sebastian. Florida.N hoWa Publk Hearing concerning the edoPdon Of an Ordinance with 4 title as shown above at 7:00 P.M. on Wednesday, May Y7, 1987, In the City Of 8 subsequent u Chemnt malign /dein SPeaL $ebgetiyp,ilorWIL Al IRgcOncluslon Of this Public Hearing or 'epecl thl eequenl meeting, the Coyncll mar, Enact thin Ordinance Into law. Interested parties may In. prOPoasd ofd nsnce bt lM Oil 0111101 the City Clerk al City Hell, and may appear a1 the � hearing and be heard with respect 10 Ina proposed Ordinance. 1 MYone.whP may wish to eppaal any decision which may be made at this heerin will need to en• I evl0an Yl'u vn wM h Ih Iff of the progssdinGGa is made which record Includes IRs testimony end . Po appeal wit be be map of the area Prepoead Io Do annexed la a pan , of this notice Pursuant to Florida Slelules. CITY OF SEBASTIAN, FLOAID/1 {( ,A... City •• By: Kathryn M. 9gCla1N4,r i.,ul Sa"i `t "" �-lr t t v�;y .I May A. April 29. Mey813, 90. 11)BT v'q .:�••.w ��Isdlr'fasaFi�,.wea(Y.a:._. ...,.,. , ... Wednesday, May 13, 1987 ,Vero Beach, Fla., Press -Journal 7D•' Pao 1 PUBLIC: "glp . e The Q Know" P t.4QTICES �tAust 'CITY LIMITS .. 151 ACRE z� oNco ANNEXATION y ,fL 1 z a �• a LU SEBf.--- AN N! HIGhI ANPS '�U�j� AV 'a N . A. CITV ON SEBASTUW 1 ' H{PUW RIVER COUNTY FLOO11A-• I 'N Notice of Pu01k H�w71n{p f i AN ORDINANCE ANNE%INGTHREEOPAARCELS 01: LAND. pARCi& SEING PART OF THE PARCEL NORTHEAST PARTS ONE ANPR OF $TWO SEINTION G THE SOUTHWEST, QUARTER OF THE EAST - AND ' WEST OIIARTER AND THE SO4TH_WT QUARTER OF THE SOUTHWEST QUARTER OF :.THE NORTHWEST OUARTERb1ND. OTHER ADJACENT LANG-THWEST ALL: IN SECTION OF TOWNSHIP 31'SOUTH, RANGE 39 EAST; AND PART THREE OF PARCEL B BEING THE ' '• ' 17. WEST THIRTY FEET OF THE NORTHWEST ONE QUARTER OF THE NORTHEAST ONE L QUARTER TOWNSHIP UARFPARSONE AND TWO OENG THE NORTHWESTRTHWEST ONE RANGE 39 OT NORTHWEST 1.•: 'ONE QUARTER OF THE SOUTHWEST ONE QUARTER AND THE SOUTH ONE HALF OF THE NORTHWEST ONE QUARTER OF THE NORTHWEST ONE GUARTER OF THE 1,' SOUTHWEST SOUTH, RANGEN a EABTTALL SU OF PARCEL BEING WESBEING IN T OF THE 17, AHIEAST :1 COAST RAILROAD RIGHT OF -WAY AND WEST OF WHISPERING PALMS MOBILE VIL- 1 j LATE AND CONSIST Q .1 1. Egg.M LESS• p OVIDING AN EFFECTIVE " GATE. , .. Pxrk3�♦ s 4'�1 QP€�� iI ,� , The Counoll of the City of Sebastian. Florida.N hoWa Publk Hearing concerning the edoPdon Of an Ordinance with 4 title as shown above at 7:00 P.M. on Wednesday, May Y7, 1987, In the City Of 8 subsequent u Chemnt malign /dein SPeaL $ebgetiyp,ilorWIL Al IRgcOncluslon Of this Public Hearing or 'epecl thl eequenl meeting, the Coyncll mar, Enact thin Ordinance Into law. Interested parties may In. prOPoasd ofd nsnce bt lM Oil 0111101 the City Clerk al City Hell, and may appear a1 the � hearing and be heard with respect 10 Ina proposed Ordinance. 1 MYone.whP may wish to eppaal any decision which may be made at this heerin will need to en• I evl0an Yl'u vn wM h Ih Iff of the progssdinGGa is made which record Includes IRs testimony end . Po appeal wit be be map of the area Prepoead Io Do annexed la a pan , of this notice Pursuant to Florida Slelules. CITY OF SEBASTIAN, FLOAID/1 {( ,A... City •• By: Kathryn M. 9gCla1N4,r i.,ul Sa"i `t "" �-lr t t v�;y .I May A. April 29. Mey813, 90. 11)BT v'q .:�••.w ��Isdlr'fasaFi�,.wea(Y.a:._. ...,.,. , �c uE TUW AND'AN RIVER COUNTY,FLORIDA r N.H.or a.w.. u_.�__ . cAIEO IN THE N.W.;1/4,OF SECTION 20, T 41 S. R 39 E AND PARCEL B PARTS ONE AND' TWOBEING THE SOUTHEAST.;IQUARTER WAND i, THE �SOUTHWEST,v QUARTER '+OF' -THE. SLANDSi IN 8T,'10UTAR,ES-AND 30 E ANO PARCEL OC PARTS TONE AND tTWO :BEING THE N.W. 1/4 OF THE N. Y. 1/4 ..1 OF THE S.W. 1/e, AND OTHER LAND$ IN S 17, T31 S,•R 3B E; ALL -SUCH FLORIDA PROPERTYBEING COASTTROFF- THE OAD ARIGHT OF. WAY AND WEST. OFiWHIS �:.':. PERING PALMS MOBILE VILLAGE'AND CONSISTING OF 151.6 ACRES, MORE OR LESS; PROVIDING AN EFFECTIYE Ohs Council of the City Of Sliba6UM Flarlda;''' will hold A Pubhc Heating concerning the adoo- " beallari 1`10606.'Al Ih9 ccoPGullg� of this PuabL r Ilc Hearing. or al a _bsepPont meelingadhq Council may enecl this ordinance Into low. Inter- ., e51eo Parties may Inspect' the, Proposed ordi. i -nance in the Office of the City Clark at City Hall.,' and. may OPPO" at. lhe,haarinpp and 14 City, with `060cl to Ins ProPo9ej1 did napca• 4 dMW An . i ' Y9 w may+wish to;aPPpal any'AeCision • ` which may Made at "a hearing Wllhnsed pjy ensure that a verbatim record Of the Proceedings` is made which record includes the testimony and, evidence upon which the appeal will be Das1q. CITY OF SEBASTIAN, FLORIDA ;-; by: Kalhryn M. Benjamin City Clerk.. Mar. 16, 23, 30, April 6, 1 gel 4 k7 V.075 s PAY TO THE 1 1 ORDER OF l?�--__ _ _ O..K�_-___ _$�Q(� •(JjJ__ 1�"'�_- �� " ��DOLLARS MMl MMNKO INDM MMS MY 601 1161 BTNEETVEW BEACK FWRM �26661 FORi_�'.L.sdSdw`F__LIL-'�-Il.� Henry Fischer & Sons, Inc. Land Clearing • Top Quality fill P.O. Box 68, Sebastian, FI. 32958 [305)589.3159 January 8, 1986 City of Sebastian P.O. Box 127 Sebastian, Florida 32958 ATTN: Brenda Dear Brenda: Attached please find our check for $100.00 for a pre -annexation conference with the Zoning Board for my 151 acres of property on the East side of Sebastian, south of Schumann Drive, adjacent to Florida East Coast Railway. The purpose of this discussion is to go over the proposed MHP (PUD) and IND (PUD) on this property. Sincerely, ADr.enry A. Fischer, President HAF:sf cc: File Is I11011LANDa 20 31 39 SECTION 17 TOWNSHIP 31S RANGE 39E M/OTO REF 6-Z6 � FO RMATIONAL PLAT r 'OT A SURVEY \ " `\�• LANDING s GOV. LOT I i i SEE ENLARGED I/4 ^t SECTION p _Lain Je �- �D 11Nlu� SEE PIT OF Z K Uuli s 9EOTIOfq 17 Alr o y I i ........... \4 C— �rT �, 3 • 1 / slulDHARBOR soul 9UBOIV. GOV. LOT 2 ®121"� 4� SE ENLIIROEO_ —SECT .H J4fa I i LOT 4 I GOV. LOT 3 GOV. LOT 6 \ L.i Ja `\ •1M �r-J 1 ai . •Jy.'i. � �� T;•1';pT4 ur� - 1 i:l 1 ' 1 GOV, LOT 6 -' •I I 17 I6_ "•• — � - 20 21 %+- O �1, auu.i.Ja III [ZV VI/4 SOF W,. r`�•u _ .,CID 1 U ILGE SEC I -"_ • oBRE NOME f 1e • TROPICANA NOMESITES aEn Aal1AN • I 1 C> L\\ --SII S/0 SEE ENLARGED ^ O I1 1/4 SEG ly:.ei)y .I I NIDIILANDS • UNIT 17 I I _•_. Jy'_ � • •n 1•• -Fi 1 l . I ••a In 1 I 1 rR. • IF—II .•. I _ 3029 2928 1920 RN9O1 RLV1910X B[YISI IT �JSY I, INJ [ JJ X, .,.9^t • JIn nn J J•Y.11303 [ J•K I, nLO • 4XLIan 7- 03S W1 030UVIN3 33 !1. U,% ,,V=8 3A Ell) j lz oz 9 101 'A09 9 101 'AOO .......... 9 101 *A00 V 101 'A (% Z 101 'A09 1 66 91 Il— ,GAIAIS V ION IVId IVNOII'dtNHOJNI 911.9 -;GH 01010 1111 N01131S C� jo I d 33 v H IL03S 010MVIN3 I 101'AOD 33S Lto 1G.V1.101" MVIL5vuas uv ?4f 14 I 1 I 1 I I - __'�� •``,\\[ Its. i �nwoA�.,, p ei AV NUF I So✓}' I4 �1KRp In IF IM UI 9WI/4 OF NW 1/4 I� A9P0 AVE 1 n'ua O \ a \ IA •' I! 3/4 OF E. I/2 OF NW IMCF SNIAIr THAT PART Of THE N. 3A L1 IING HEST \It -= pF r}IE FEC RAILROADL, j $ RIGHt-oF-WAY. p INDIAN RIVER COUNTY. (LORI ° le.. 11 !I rel n I/ I r I6,,, 0 ve v }} ean.n ---t I.i-� f II9 •!M1 F! l 11! !I \ or SI/2 OF S1/2 OF F.N IM or -.,v IM .I1 1' S 1 L q� TIIFsNry4OEFF FECXIAILROAO \ RIGHT-OF-lllW B\ II \ I Q\ 0 c T\ 1 e wl\ THAT PARI Or SE 114 OF SW 1/4 AND THAT \• SW 1/4 )F SWIM , PART OF SW 1/4 Or SE 1/4 1vINr, WEST OF �. .I THE FE F. RAILROAD HIUHT-OT WAr \ 1-G 4 \ G Ir INDIAN RIVER COUNTY. (LORI ° le.. 11 !I rel n I/ I r I6,,, 0 — 1 WIWIN m—O II t _LL /` ;; r.' `` r:. ��„ 2 �.. :•:: irs : , i o � !: nc•'+' � -;. _�, ='fid. � Z � v -.gig Y - T 0 :i y' C' i lr<lf �Im 1 - ,rte r TO FLORIDA STATUTES 1985 x.171.0413 (a) The referendum on annexation shall be held at the next regularly scheduled election following the final adoption of the ordinance of annexation by the govern. Ing body of the annexing municipality or at a special election called for the purpose of holding the referen. dum. However, the referendum, whether held at a regu. larly scheduled election or at a special election, shall not be held sooner than 30 days following the final adoption of the ordinance by the governing body of the annexing municipality. (b) The governing body of the annexing municipality shall publish notice of the referendum on annexation at least once a week for the 4 consecutive weeks immedi. ately preceding the date of the referendum in a newspa. per of general circulation in the area in which the referen. dum is to be held. The notice shall give the ordinance number, the time and places for the referendum, and a brief, general description of the area proposed to be an- nexed. The description shall include a map clearly show- ing the area and a statement that the complete legal de• scription by metes and bounds and the ordinance can be obtained from the office of the city clerk. (c) On the day of the referendum on annexation there shall be prominently displayed at each polling place a copy of the ordinance of annexation and a de- scription of the property proposed to be annexed. The description shall be by metes and bounds and shall in- clude a map clearly showing such area. (d) Ballots or mechanical voting devices used in the referendum on annexation shall offer the choice 'For an- nexation of property described in ordinance number of the City of _. and 'Against annexation of property described in ordinance number_ of the City Of in that order. (e) If there is a separate majority vote for annexation in the annexing municipality and in the area proposed to be annexed, the ordinance of annexation shall be- come effective on the effective date specified therein. If there is a majority vote against annexation in either the annexing municipality or in the area proposed to be an- nexed, or in both, the ordinance shall not become effec- tive, and the area proposed to be annexed shall not be the subject of an annexation ordinance by the annexing municipality for a period of 2 years from the date of the referendum on annexation. (3) Any improved parcel of land which is owned by one individual, corporation, or legal entity, or owned col- lectively by one or more individuals, corporations, or le• gal entities, proposed to be annexed under the provi- sions of this act shall not be severed, separated, divid- ed, or partitioned by the provisions of said ordinance, but shall, if intended to be annexed, or if annexed, under the provisions of this act, be annexed in its entirety and as a whole. However, nothing herein contained shall be construed as affecting the validity or enforceability of any ordinance declaring an intention to annex land un, der the existing law that has been enacted by a munici- pality prior to July 1, 1975. The owner of such property st tute a uniform method for the adoption of an ordi- nance of annexation by the governing body of any mu- nicipality in this state, and all existing provisions of spa- claf laws which establish municipal annexation proce- dures are repealed hereby; except that any provision or provisions of special law or laws which prohibit annexa- tion of territory that is separated from the annexing mu- nicipality by a body of water or watercourse shall not be repealed. (5) If more than 70 percent of the land in an area pro- posed to be annexed is owned by individuals, corpora- tions, or legal entities which are not registered electors of such area, such area shall not be annexed unless the owners of more than 50 percent of the land in such area consent to such annexation. Such consent shall be ob- tained by the parties proposing the annexation prior to the referendum to be held on the annexation. Whicy.-S. 2. m. 75-297:..1. m. 76-176: S. w. a1. 77-104: s.1, a1. so -350, 76. ch. 61-259: e. 1, ch. 66-113. 171.044 Voluntary annexation.— (1) The owner or owners of real property in an unin- corporated area of a county which is contiguous to a mu- nicipality and reasonably compact may petition the gov- erning body of said municipality that said property be annexed to the municipality. (2) Upon determination by the governing body of the municipality that the petition bears the signatures of all owners of property in the area proposed to be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include slid property. Said ordinance shall be passed after no - ti c of the annexation has been publishe once for 4 consecutive weeks in some n Spaper in such cdv or I�wn or, 1 no newspaper is pu hs e m said city or town, men in 0 R�9G3r�SH r publishedto the same coun- . en i n s a in sal cou t east three prints cop e's of sai no ice s a I be ngs ° I r c cIIiiJ'a asRa a some cons icuo a1 said ci r town. The notice s a sive a ordinance n nd brief general descnption of the area or - x}„ ed to be annexe 1e escriphon s a me u " c ar s owina area and a statement that the cam I leaa es�cnp ion y me - an pun s an n m k a=_tie obTame r'�i 1Zo ;;a;n ice ogre cid (; icrk (3) An ordinance adopted hereunder shall be filed witll the clerk of the circuit court of the county in which the municipality is located and with the Department of State. (4) The method of annexation provided by this sec- tion shall be supplemental to any other procedure pro- wded by general or special law, except that this section l not apply to municipalities in counties with charters which provide for an exclusive method of municipal an_ 'lcxalion. (5) Land Chau nm tie _i_._ CHAPTER 175 V MUNICIPAL FIREFIGHTERS PENSION TRUST FUNDS 175.021 Legislative declaration. 0 175.032 Definitions. 175.061 Board of trustees; members, terms of offic 175.071 Powers of board of trustees. 175.091 Creation and maintenance of fund. 175.101 Two -percent state excise tax on property in- surance premiums authorized; procedure. 175.121 Insurance Commissioner and Treasurer to keep accounts of deposits; disbursements. 175.131 Funds received by municipality; deposit in municipal firefighters' pension trust fund. 175.141 Payment of excise tax credit on similar state excise or license tax. 175.152 Contributions. 175.162 Requirements for retirement. 175.171 Optional forms of retirement income. 175.191 Disability retirement. 175.201 Death prior to retirement; refunds of contribu- tions; death benefits. 175.261 Report to Department of Insurance. 175.291 Attorney for municipality to represent board of trustees upon request; option to employ independent counsel and other persons. 175.301 Depository for pension funds. 175.311 Municipalities and boards independent of oth- er municipalities and boards and of each other. 175.333 Discrimination in benefit formula prohibited. 175.351 Municipalities having their own pension plans for firefighters. 175.361 Termination of plan and distribution of fund. 175.371 Transfer to another state retirement system; benefits payable. 175.381 Applicability of chapter 86-41. Laws of Flori- da. 175.391 Costs; attorney's fees. 175.021 Legislative declaration.—It is hereby de- clared by the Legislature that firefighters, as hereinafter defined, perform stale and municipal functions; that it is their duty to extinguish fires, to protect life, and to pro- tect property at their own risk and peril; that it is their duty to prevent conflagration and to continuously in- struct school personnel, public officials, and private citi- zens in the prevention of fires and firesafety; that they protect both life and property from local emergencies as defined in s. 252.34(2); and that their activities are vital to the public safety. Therefore, the Legislature declares that it is a proper and legitimate state purpose to pro- vide a uniform retirement system for the benefit of fire- fighters as hereinafter defined and intends, in imple- menting the provisions of s. 14, Art. X of the State Con- stitution as thev relate to municipal firefiahters' nensinn x.171.0413 1986 SUPPLEMF — TO FLORIDA STATUTES 1985 111111► s. 175.021 mode a uniform method for the adoption of an ordi- 7wm of annexation by the governing body of any mu- nopality in this state, and all existing provisions of ape - z4 taws which establish municipal annexation proce- ares are repealed hereby; except that any provision or ;raisions of special law or laws which prohibit annexa- xnof territory that is separated from the annexing mu- nopa4ty by a body of water or watercourse shall not be p) d more than 70 percent of the land in an area pro- 7sed to be annexed is owned by individuals, corpora- tora, or legal entities which are not registered electors it such area, such area shall not be annexed unless the man of more than 50 percent of the land in such area -irisent to such annexation. Such consent shall be ob- -aned by the parties proposing the annexation prior to rre referendum to be held on the annexation. AN". +Z M. 75-297; S. 1. CR 76-176'.S. N, Ch. 77404; s. 1. ch. 80350; &.% a 81-259; c 1, ch. 86-113. 171.044 Voluntary annexation.— (1) The owner or owners of real property in an unin- = or, ated area of a county which is contiguous to a mu - .w4 ality and reasonably compact may petition the gov- anng body of said municipality that said property be armed to the municipality. 2) Upon determination by the governing body of the r riapality that the petition bears the signatures of all 3aners of property in the area proposed to be annexed, re governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and edefine the boundary lines of the municipality to include nuo property. Said ordinance shall be passed after no - ix of the annexation has been published once a week rr4consecutive weeks in some newspaper in such city a to*n or, if no newspaper is published in said city or Doan, then in a newspaper published in the same coun- Nr and if no newspaper is published in said county, then 9r'a.ast three printed copies of said notice shall be post- *! la 4 consecutive weeks at some conspicuous place &sad city o-rTwn. The notice shall give the ordinance ntr0er and a brief, general description of the area pro- Xsed to be annexed. The description shall include a mal dearly showing the area and a statement that the airplete legal description by metes and bounds and re ordnance can be obtained from the office of the city .1) An ordinance adopted hereunder shall be filed em the clerk of the circuit court of the county in which re municipality is located and with the Department of We. t4) The method of annexation provided by this sec - ion stall be supplemental to any other procedure pro- A2W by general or special law, except that this section vainot apply to municipalities in counties with charters ands provide for an exclusive method of municipal an- n9Gtion. Land shall not be annexed through voluntary an- lrration when such annexation results in the creation I enclaves. 40q•-4. I. Ch. 74190; U. 4. 5, Ch. 75-287; 0.3, a. 76-176; a. 2, ch. e6-113. 175.021 Legislative declaration.—It is hereby de clared by the Legislature that firefighters, as hereinafter defined, perform state and municipal functions; that it is their duty to extinguish fires, to protect life, and to pro tact property at their own risk and peril; that it is their duty to prevent conflagration and to continuously in struct school personnel, public officials, and private citi zens in the prevention of fires and firesafety; that they protect both life and property from local emergencies as defined in s. 252.34(2); and that their activities are vital to the public safety. Therefore, the Legislature declares that it is a proper and legitimate state purpose to pro vide a uniform retirement system for the benefit of fire fighters as hereinafter defined and intends, in imple meriting the provisions of s. 14, Art. X of the State Con stitution as they relate to municipal firefighters' pensior trust fund systems and plans, that such retirement sys tems or plans be managed, administered, operated, anc funded in such manner as to maximize the protection of the firefighters' pension trust funds. This chapter hereby establishes minimum standards for the operation anc 183 CHAPTER 175 MUNICIPAL FIREFIGHTERS PENSION TRUST FUNDS 175.021 Legislative declaration. 175.032 Definitions. 175.061 Board of trustees; members, terms of office. 175.071 Powers of board of trustees. 175.091 Creation and maintenance of fund. 175.101 Two -percent state excise tax on property in. surance premiums authorized; procedure. 175.121 Insurance Commissioner and Treasurer to keep accounts of deposits; disbursements. 175.131 Funds received by municipality; deposit in municipal firefighters' pension trust fund. 175.141 Payment of excise tax credit on similar state excise or license tax. 175.152 Contributions. 175.162 Requirements for retirement. 175.171 Optional forms of retirement income. 175.191 Disability retirement. 175.201 Death prior to retirement; refunds of contribu tions; death benefits. 175.261 Report to Department of Insurance. 175.291 Attorney for municipality to represent board of trustees upon request; option to employ independent counsel and other persons. 175.301 Depository for pension funds. 175.311 Municipalities and boards independent of oth er municipalities and boards and of ea& other. 175.333 Discrimination in benefit formula prohibited. 175.351 Municipalities having their own pension plans for firefighters. 175.361 Termination of plan and distribution of fund. 175.371 Transfer to another state retirement system, benefits payable. 175.381 Applicability of chapter 86-41, Laws of Flori da. 175.391 Costs; attorney's fees. 175.021 Legislative declaration.—It is hereby de clared by the Legislature that firefighters, as hereinafter defined, perform state and municipal functions; that it is their duty to extinguish fires, to protect life, and to pro tact property at their own risk and peril; that it is their duty to prevent conflagration and to continuously in struct school personnel, public officials, and private citi zens in the prevention of fires and firesafety; that they protect both life and property from local emergencies as defined in s. 252.34(2); and that their activities are vital to the public safety. Therefore, the Legislature declares that it is a proper and legitimate state purpose to pro vide a uniform retirement system for the benefit of fire fighters as hereinafter defined and intends, in imple meriting the provisions of s. 14, Art. X of the State Con stitution as they relate to municipal firefighters' pensior trust fund systems and plans, that such retirement sys tems or plans be managed, administered, operated, anc funded in such manner as to maximize the protection of the firefighters' pension trust funds. This chapter hereby establishes minimum standards for the operation anc 183