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Home My WebLink AboutO-21-14 99th St. Fischer Annexation3120220008719 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK 3510 PG: 1121 Page 1 of 6 2/112022 10:41 AM ORDINANCE NO.O-2144 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR A CONTIGUOUS AND COMPACT AREA OF AN UNINCORPORATED REAL PROPERTY CONSISTING OF 1.47 ACRES, MORE OR LESS, LOCATED SOUTH OF VICKERS GROVE MINE AND SURROUNDED BY INDUSTRIAL LAND, WEST OF THE FEC RAILROAD AND NORTH OF 99'ra STREET IN ACCORDANCE WITH SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR PROPOSED LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENERS ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owners of real property in an unincorporated area of Indian River County which is contiguous to the existing corporate limits and boundaries of the City of Sebastian, and reasonably compact, petitions the governing body of the City of Sebastian that said property be annexed to the municipality in accordance to Section 171.044 (1), Florida Statutes; and WHEREAS, Upon determination by the City of Sebastian that the petition bears the signatures of all owners of property in the area proposed to be annexed, the City of Sebastian 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 in accordance to Section 171.044 (2), Florida Statutes; and WHEREAS, the City Council of the City of Sebastian, Florida deems Ordinance 21-14 for the voluntary annexation of said property to be in the best interest of the residents and citizens of the City of Sebastian, the public at large and serves a valid public purpose. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the corporate limits of the City of Sebastian, Florida and the boundary lines of said City are hereby redefined to include said real property as shown on the map within "Exhibit 1" containing 1.47 acres, more or less. Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION. The proposed land use and zoning classification amendments for this property shall be consistent with the provisions of state law and local ordinance. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court, as well as the Chairman of the County Commission of Indian River County, Florida, and with the Florida Department of State within seven days of adoption in accordance with Section 171.044 (3), Florida Statutes. Section 4. NOTICE. Said ordinance shall be passed after notice of the annexation has been published at least once each week for 2 consecutive weeks in some newspaper in the City of Sebastian in accordance with Section 171.044 (2), Florida Statutes. The ordinance must include a map which clearly shows the annexed area and a complete legal description of that area by metes and bounds. Section 5. SCRIVENERS ERRORS. Sections of this Ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 6. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid, unenforceable or unconstitutional, the remainder of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional provisions. Section 8. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption by the City Council. t? The foregoing Ordinance was moved for adoption by Councilmember Nunn The motion was seconded by Councilmember Dodd and, upon being put to a vote, the vote was as follows: Mayor Jim Hill aye Vice Mayor Fred Jones aye Councilmember Ed Dodd aye Councilmember Bob McPardan aye Councilmember Christopher Noun aye The Mayor thereupon declared this Ordinance duly passed and adopted this 9[h day of February 2022. ATTEST: M eke (.I�� kALM4 ?.NETTS WILLIAMS, MM ty Clerk 3 I /UP, a 7U Approved as to form and legality for reliance ce by the C� S astian only: oJR C Roc / ; .so vo Corporate Warranty Deed EXHIBIT 1 /vo Oi.Y I-fQfh4 ludeDlofe, mLdt Ills 20th NYof Decrbar µTMtnCOORoe Of MPFREY R. eARiOe A.D. 2000 aetweea CLERK CIRCUIT COURT Ift "RIY811CO..FIA. Atha a auiger Real Estate, Iet. 1329 US HIShsray I Sebastian, n 32958 DOCLVMXU/►MN" c wboe pon a men addreu IL: DEEDS I4b•0C $ U07E E &C JEFFF" K. BRRIDM. CLERK It mlpontwn 'riming none, the laws of ttn no" LAYEROOLIMTY .1I Son, of Florida .Gmnior and Henry Anthony Fischer 10225 US Rlgheay I �G Sebastian, M 32958 whole POn W. Lddnn le: GEl m'. 47 Wlloemvth, Nu the raid Grmtor. for s of in consitImtlon of Ile sum of ( Tan 4 NO/100 ) G DoUsn. to it IIIIaIW paid by de La1d anthwh Grantee. the RKEipt emof la hereby ukoowledgM, JuK SreuMm , IRRZWd W C LD mad w Ile mid Gonave forever, the following der dbed lend, sltuale, lying and being In theun Comity of Indio River , Slue a FIOML. In wit NSao Schedule A attached hereto and by this reference —do a part hereof. SUBJECT TO eovenante, restrictions, easements of record and Cares for the Current year. Bubject to covenants, restrictions and easements of record. Subject also to Essen £or 2000 and euloxoq ent years. Parcel Zdaati£icatlon Number, 20-31-39-00000-3000-OODO1/1 Aed the Laid Grsmu does hereby folly wunon the Ill'to wJd Im 1. and will defeM Ne sane agaloR th, lawful claims of in perrola whouesever. 1n Witown, Whereof, the said Grmwr has uuud Nis inartrmm co I e eacculed in its sane by W duly vadwrimd oflie and rJUmd in mryONe 11 to be sffl N NC day sod y Dot above written. Signed CISe ed in Our Preserve: aq- �. � tau ,. [f�w0- Atha & Bwlger Real E.tat., Ian. Aho6a BMi' or 1a president (Corpora' seal> S,.e of Florida Cowry, of Indio River Tie faogoinS inamment wss1Wgel b'forc me Nis 20th day of December Atha i Swig.. Phod0.=�1.•.• ,+, e6,At of Atha 4 Swlger Real Estate, nc. 9 ra r Ca CO 2000 ,byCA a corporuion 'sitting uMtl We laws of d St. of Florida , on behalf of Oto ccrpon0on. HNShe is penondl, umw„ In me m hL. pmducvd Personally Known o me as idmi0otlon. PREPARED BY, Michell. 19.10 RECORD 4 RETDRH TO,Noory Public ' C me w lalhay Ys0l6)Af, F90DC America Title insurmc. Comasrycomm,.,„n E.a,ne ' Lvat 990E D8 aigFlor 1 1 1�_ s aw Hebastian, Plorida 32958 `•...,4 ae,ae eaaa v.i. File No, BCD 57[Li &UelYrOuj:'tiu h Schedule A East 205 feet of the North 233 feet of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 20, Township 31 South, Range 39 East, Indian River Connty, Florida. LESS AND EXCEPT therefrom 12 feet on the North side and 12 feet on the Nest aids reserved for public road, LESS AND EXCEPT therefrom the following described propertyt All that certain parcel or tract of land in Indian River County, Florida, beginning at a point which In 555.2 feet due South of the Northeast corner of the Northwest Quarter (NN1/1) of Section 20. Township 31 South, Range 39 East, and running South 100 feeti than.. Nest 660 feet, thence North 100 feet, thence East 660 feet to the point of beginning. File No, 900578