The URL can be used to link to this page

Home My WebLink AboutO-21-17 Soundview Annexation3120220008716 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK. 3510 PG: 1108 Page 1 of 10 2/112022 10:39 AM ORDINANCE NO.O-21-17 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 22.00 ACRES, MORE OR LESS, LOCATED SOUTH OF 99TU ST. AND COMMERCIAL DEVELOPMENT, WEST OF US HWY 1, EAST OF THE FEC RR, AND NORTH OF VACANT PROPERTY IN THE CITY OF SEBASTIAN IN ACCORDANCE WITH SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR THE EXTENSION OF THE CORPORATE LD41TS AND BOUNDARIES THEREOF; PROVIDING FOR PROPOSED LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENERS ERRORS; PROVIDING FOR CONFLICT AND SEVERABHdTY; 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 (I), 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 21-17 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 I" containing 22.00 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 most include a map which clearly shows the annexed area and a complete legal description of that area by metes and bounds. Section S. 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. M The foregoing Ordinance was moved for adoption by Councilmember Nunn The motion was seconded by Councilmember MCPartlan and, upon being put to a vote, the vote was as follows Mayor Jim Hill ave Vice Mayor Fred Jones ave Councilmember Ed Dodd aye Councilmember Bob McPartlan aye Councilmember Christopher Nunn aye The Mayor thereupon declared this Ordinance duty passed and adopted this 9th day of February 2022. ATTEST: zj('/V� grty ANETTE WILLIAMS, MMC Clerk 3 CITY OF SEBASTIAN, FLORIDA By. L, Mayor Approved as to form and legality for reliance by the City of Se astian only: 4 Ci Attorney YY 1603889 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1917 PG: 2262, 12/29/2004 02:20 PM DOC STAMPS D $8400.00 EXHIBIT 1 Prepared by and return to: Robert A. D'Angio, Jr. Attorney at Law Robert A. D'Angio, Jr. P.A. 685 Royal Palm Beach Blvd. Suire 205 Royal Palm Beach, FL 33411 561-793-1200 File Number: 1585-04 Will Call No.: Parcel Identification No. 31-39-20-00900-1000-00015/0 fSpece Above This Line For Rccvrding Derek Warranty Deed (STATUTORY FORM -SECTION 699.02, F.S ) This Indenture made this 15th day of December, 2004 between Vero/Sebastian U.S. 1 Partnership, a Florida Partnership whose post office address is 9722 Riverview Drive, Miceo, FL of the County of Indian River, Stale of Florida, grantor", and North Miami Beach Commerce Center, L.C., a Florida limited liability company whose post office address is 15499 West Dixie Highway, North Miami Beach, FL of the County of Miami -Dade, State of Florida, grantee-, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS (SI0.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida, to -wit: See Legal Description attached hereto as Exhibit "A" and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. 'mentor' end -Grant«- ue,ued for singular or pluraf. as context requim. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoublaTlen. BK: 1817 PG: 2263 Signed, sealed and delivered in our presence: Vero/Sebastian U.S. 1 Partnership, a Florida Partnership Ronald P. Jawors altnm Witness Tiame: �M a "- __ By: " ess Nmne i W _ Ivr�, Christopher H. Cook, miner G� � Witness NameO O2Jrtd- MOLUL1 By;as Ri�-P�-' Witness Name:. ! Jk ✓/'low State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this 15th day of December, 2004 by Ronald P. Jaworski, Partner, Christopher H. Cook, Partner and Richard C. Therien, Parar of Vero/Sebastian U.S. 1 Partnership, a Florida Partnership. They U are personally known to me or ]X] hipf produced a ver's lipausT [Notary Seal] Nbt* Public bt1EXPIRESS%n,h OO wlv 06 EXPIRES: 20118 ar„h: mmra.xrrneeuv.nm Printed Name: My Commission Expires: Warmnry O ed (Smwtmy Fm ) - PW 2 UoubWnma. BK: 1817 PC: 2264 Exhibit A Parcel Identification Number: 31-39-20-0000-1000-0001510 and Parcel Identification Number: 31-39-20- 00000-1000-0001610 and Parcel Identification Number: 31-39-20-00000-100040019/0 THE NORTH ONE-HALF OF SOUTHEAST QUARTER OF NORTHEAST ONE QUARTER, WEST OF U.S. HIGHWAY 1, LESS THE NORTH 346 FEET IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. ALSO, THE NORTHEAST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER, EAST OF THE FLORIDA EAST COAST RAILROAD IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT LANDS DESCRIBED IN O.R. BOOK 1066, PAGE 1997. AND ALSO, THE SOUTH ONE-HALF OF THE SOUTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER, EAST OF THE FLORIDA EAST COAST RAILROAD IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT LANDS DESCRIBED IN O.R. BOOK 480, PAGE 248. ALSO DESCRIBED AS FOLLOWS: THE NORTH ONE-HALF OF THE SOUTHEAST QUARTER OF NORTHEAST ONE -QUARTER, WEST OF U.S. HIGHWAY 1, LESS THE NORTH 346 FEET IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. ALSO, THE SOUTH ONE-HALF OF THE SOUTHWEST ONE -QUARTER OF THE NORTHEAST ONE - QUARTER, EAST OF THE FLORIDA EAST COAST RAILROAD IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. AND ALSO, THE NORTHEAST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER, EAST OF THE FLORIDA EAST COAST RAILROAD IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT LANDS DESCRIBED IN O.R. BOOK 1066, PAGE 1997, AND ALSO LESS AND EXCEPT LANDS DESCRIBED IN O.R. BOOK 480, PAGE 246. File N..bn I585-04 Doubl.n.. 1605896 RECORDED IN THE RECORD8 OF OEFFREY K RARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1820 M 2174, 01/05/2005 03:03 RM DOC STAMPS D $9450.00 R1,4 a Retam la Rene G. vaODaYow41 1327 R CeAkeI AYema Sebastian FL 32888-3882 PREPARED BY AND RETURN TO: Rene' G. VanDeVoorde, Esq. R , IOOc' 1327 North Central Avenue 3)t,, g45049 Sebastian. FL 32958 q--q—t-0 09 FILE 004.016 Parml 01-39-20-00000-1000-00017.0 WARRANTYDEED (Stamrory Porm- Section 689.02 P.S.) THIS INDENTURE, made His ,W day of 2004, BETWEEN Leo Llouch and Eunice L. Month, hiswife, whose postojfiesaddreavis: 8150 U.S. Hlghway#1, Mice, FL32976,GRANTORe, and North Miami Beach Commerce Center, L.C., a Florida limited liebgty compauyswhose postaffce address is: 15499 West Dixie Hwy., North Miami Beach FL 33162, GRANTEE*, WIT NESSETH that said Ermine, for and in consideration of the sum of Tom dollars (10.00) dollars, and other goad and valuable considerations to said grantor in hand paid by said greater, the receipt whermfis hereby acknowledged, has granted, bargained and mid to the said grantee, and grantee's heirs and assigns forever, the following described land, sitmte, lying and being in Indian River County, Florida, to -wit: The South %of the Southeast 1/4 of the Northeast 114 of Section 20, Township 31 South, Range 39 East, lying West of a 100 foolright ofway for U.S. Highway No. 1 ( State Road No. 5 as shown on State Road RightufWey Map Section No. 8810-110(2207)mdEm ofFloridaEast Coast Railmsd, lessthe South 165 f«t thereof. Subject to restricHam, reservations, easements, dedications and road rights ofway of record, H any. Sabjem to sexes for the year 2005 and subsequent years. and said grantor does hereby fully women; the tide to said land, and will defend the since against lawful claims of all persons whammevm. *"Grantor" and "g rdcc" are used its, singular or plural, as context requires. IN WITNESS WHEREOF, grantor her hereunto set granmes hand and seal the day and year fast shove written. Signed, sealed and delivered in our presence i /lS Or uam cedes�)) d 1 G. VA,da�Veo rtaE Printed or typed tame p� QC� Aw�Ld�-Sea ) 915 a 17BIS .S. Hwy. #L M//i//jj/��///FL 32�976 1" Lf f ��2 X�7rri1' _ (Seal) 8150 U.S. HHHwwwyy...e011, Micas FL 32976 Stara of Florida County ofl.&m River /� THE FOREGOING INSTRUMENT waaacknuwledged before me, this deyof�r .2004,by Leo Much end Eunice L. Lloneh, who W. personally )mown m me or who leall ve produced as identificedon and who did (did not) stake an cash. funiaare 1. Redarood� yt� 11 Stitarl , j%•••=v, 0ummmm,.w•".•.. �o(��jg)y) sofflodda �f{'�`^Exphss:Mry 17, 2007 �' JLLL� SS Name 0 Ery My My Commissionn Expires: AGENT AUTHORIZATION FORM FOR THE SOUNDVIEW AT SESABTIAN PROJECT LOCATED IN SEBASTIAN, FLORIDA I, q/1HA) 'ii)U ✓Z M Ca A) : NORTH MMU BEACH COMMERCE CENTER LC. AS THE OWNER OF THE REAL PROPERTY DESCRIBED As FOLLOws, INOIAN RIVER COUNTY PANOEL ID No. 31392000090100000016.0; 31392000000100000015.0: 31392000000100000019.0: 313920000001000000W.0, DO HEREBY AUrHOR12E TO ACT AS MYIOUR AGern(M JAREO REMINGTON: CODE CAPITAL PARTNERS LLC AND DEREK RAMSSURG. P.F : HIMLEYiiORN AND ASSOCIATES. INC., TO MCUTE ANY PETmONS OR OTHER DOCUMENTS NECESSARY TO AFFECT THE APPLICATION APPROVAL REQUESTED AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS, CITY OF SEBASTNIN ANNEXATION. FUTURE LAND USE MAP AMENDMENT, REZONING, SITE PLAN; SJRWMD ERP PERMIT; FOOT PERMITS; FDEP PERMIT(S), AND TO APPEAR ON MYIOUR BEHALF BEFORE ANY ADMINISTRATIVE OR LEGISLATIVE BODY IN THE COUNTY CONSIDERING THIS APPLICATION ANDTO ACT INAU- RESPECTS AS OURAGENT W MATTERS PERTAINING TO THE APPLICATION. *NONE OF FOgfdll�'G SHALL UNTIL EFFECT DNTAFTER THE SALFJPTIRCNASE CLOSING. �/)„Date: 4 L a nor Print Name party Owner STATE OF FLORIDA COUNTY OF Florida I certify that the foregoing Instrument was acknowledged before me this 4th day of OCT 2@21 by John Kurzman He/she is p rsonall`( know to me or has produced as!, antl Ertl ! mtl not take an oath. Witness my hand and official seal In the county and state slated above on the 4th day of OCT in the year 2021 Signatur*orp. blic (Notary Seal) Notary Ptate of Florida w.;,4 plss�k.aAtLLrAmPw- My Commission Expires: 6-15-2024 •`�. wsT PAarw.d Row [emmlvM / W NMN Yr Car.F��n An If.IDH NMM Nmb,XVImy NRN.Mn