HomeMy WebLinkAboutO-22-07 Annexation Graves Bros.This ordinance, along with all attachments and exhibits replaces and supersedes Ordinance no. 0-22-07, recorded
February 9, 2023, at O.R. BK 3599, PG 460, Public Records of Indian River County, Florida.
ORDINANCE NO.0-22-07
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND
CONSISTING OF 2044.3 ACRES, MORE OR LESS, LOCATED
SOUTH OF THE NORTH BOUNDARY OF COUNTY ROAD 510
ROW, WEST OF LANDS ADJACENT TO THE 74TH AVE ROW,
NORTH OF 69Tn STREET ROW, AND EAST OF 90i6 AVE ROW;
PROVIDING FOR THE EXTENSION OF THE CORPORATE
LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR
INTERIM LAND USE AND ZONING CLASSIFICATION;
PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR
CONFLICT AND SEVERABHdTY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the owners of real property in unincorporated Indian River County,
contiguous to the existing corporate limits and boundaries of the City of Sebastian, and
being reasonably compact, petitions the governing body of the City of Sebastian to be
voluntarily annexed into the municipality; and
WHEREAS, the City Council of the City of Sebastian, Florida finds and
determines that the annexation of said parcel is in the best interest of the City;
WHEREAS, an Annexation Agreement has been negotiated between the two
parties, City of Sebastian and Graves Brothers Company, and presented for adoption
under Resolution R-22-34; and
WHEREAS, adoption of 0-22-07 shall be subject to approval of R-22-34 and
execution by all parties of the Annexation Agreement.
WHEREAS, on December 14, 2022, City Council, at a properly noticed public
hearing, voted to continue Ordinance 0-22-07 to a date certain of February 8, 2023 at
6:00 PM; and
WHEREAS, on February 8, 2023 City Council held the public hearing for
Ordinance 0-22.07 approving the annexation of 2044.3 acres of land, more or less; and
WHEREAS, on February 8, 2023 the Fourth District Court of Appeals rendered a
decision in Michael David Testa vs. The Town ojJupiter Island, No. 4D22-432 rejecting
the generally accepted idea that Section 166.041, Florida Statutes, allows a governmental
3120230013967
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT I
INDIAN RIVER COUNTY FL
BK: 3608 PG: 1162 Page 1 of 59 3232023 2:20 PM
entity to continue a noticed hearing to a date certain and avoid re -noticing the hearing;
and
WHEREAS, the City Council, in order to comply with the 4th DCA decision, re -
posted proper notice in compliance with Section 166.041, Florida Statutes, for Ordinance
0-22-07 for a March 22, 2023 public hearing; and
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 "Exhibit is and lb"
containing 2044.3 acres, more or less.
Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION.
The interim land use and zoning classifications for this property shall be consistent with
the provisions of state law.
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.
_ Section 4. NOTICE. That notice of this ordinance has been posted in
accordance with Section 171.044, Florida Statutes.
Section 5. SCRIVENER'S 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
2
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. Following its adoption and recordation,
including R-22-34 and the Annexation Agreement executed by all parties, this Ordinance
shall become effective.
The foregoing Ordinance was moved for adoption by Council Member
MCPartlan The motion was seconded by Council Member
Jones and, upon being put to a vote, the vote was as follows:
Mayor Fred Jones
aye
Vice Mayor Christopher Nunn
aye
Council Member Kelly Dixon
aye
Council Member Ed Dodd
aye
Council Member Bob McPartlan
ave
The Mayor thereupon declared this Ordinance duly passed and adopted this 22nd day
of March ,2023.
ATTEST: �Jj"m^,',-
J,L IlCtte Williams, MMC
City Clerk
3
CITY OF SEBASTIAN, FLORIDA
ay:
Fred Jones, Mayor
Approved as to form and legality for
reliance by, the City of Sebastian
only:
An rew Mai, Interim City Attorney
RESOLUTION NO. R-22-34
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR AN ANNEXATION
AGREEMENT BETWEEN THE CITY OF SEBASTIAN, FLORIDA, A
FLORIDA MUNICIPAL CORPORATION AND THE GRAVES
BROTHERS COMPANY TO MEMORIALIZE THE PARTIES
UNDERSTANDING AND AGREEMENTS WITH RESPECT TO THE
ANNEXATION OF 2044 ACRES, MORE OR LESS, INTO THE CITY,
AND WITH RESPECT TO THE FUTURE DEVELOPMENT AND USE
OF THE PROPERTY. PROVIDING FOR CONFLICT; PROVIDING
FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; AND
AN EFFECTIVE DATE.
WHEREAS, the owners, Graves Brothers Company, of real property in unincorporated
Indian River County, contiguous to the existing corporate limits and boundaries of the City of
Sebastian, and being reasonably compact, petitions the governing body of the City of Sebastian
to be voluntarily annexed into the municipality, and
WHEREAS, the City of Sebastian City Council has found and determined that it is in the
City's best interest by annexing the 2044.3 acres, more or less, into its municipal boundaries and
by entering into this Annexation Agreement, attached hereto as Exhibit A. Each party affirms
that development of the property will be in accordance with the Future Land Use Map, City's
Comprehensive Plan and Land Development Code; and
WHEREAS, this Agreement allows for the property to develop with a mixed used plan,
providing for commercial, residential and affordable housing; and
WHEREAS, an Annexation Agreement has been negotiated between City of Sebastian
and Graves Brothers Company, and presented for adoption under this Resolution R-22-34; and
WHEREAS, on December 14, 2022, City Council, at a properly noticed public hearing,
voted to continue Ordinance 0-22-07, a petition for a voluntary annexation, to a date certain of
February 8, 2023 at 6:00 PM; and
WHEREAS, on February 8, 2023 City Council held the public hearing for Ordinance 0-
22-07 approving the annexation of 2044.3 acres of land, more or less, and adopting Resolution
No. R-22-34;
WHEREAS, on February 8, 2023 the Fourth District Court of Appeals rendered a
decision in Michael David Testa vs. The Town of Jupiter Island, No. 4D22-431 rejecting the
generally accepted idea that Section 166.041, Florida Statutes, allows a governmental entity to
continue a noticed hearing to a date certain and avoid re -noticing the heating; and
WHEREAS, the City Council, in order to comply with the 4th DCA decision, re -posted
proper notice in compliance with Section 166.041, Florida Statutes, for Ordinance 0-22-07 for a
March 22, 2023 public hearing.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS:
Section 1. The City Council of the City of Sebastian recognizes the need to annex
properties to ensure viability and managed growth in and around the City.
Section 2. The attached Annexation Agreement is in the best interest of the citizens of
Sebastian.
Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are
hereby repealed.
Section 4. RECORDING. This Resolution and Annexation Agreement shall be
recorded in the public records of Indian River County.
Section 5. SCRIVENER'S ERRORS. Sections of this resolution 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 further action
of the City Council by filing a corrected copy of same with the City Clerk
Section 6. EFFECTIVE DATE. This resolution shall be become effective upon
adoption.
The forgoing Resolution was moved for ' adoption by Council Member
Dodd . The motion was seconded by Council Member Dixon and,
upon being put to a vote, the vote was as follows:
Mayor Fred Jones aye
Vice Mayor Chris Nunn aye
Council Member Kelly Dixon aye
Council Member Ed Dodd aye
Council Member Bob McPartlan aye
The Mayor thereupon declared this Resolution duly passed and adopted this 22rd day of
March 2023.
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Fred Jones
ATTEST:
ette Williams, MMC
rty Clerk
Approved as to Foam and Content for
Reliance by City of Sebastian Only:
dt(ew Mai, Interim City Attorney
THIS INSTRUMENT RETURNS TO:
Jeanette Williams, MIMIC, City Clerk
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
THIS INSTRUMENT PREPARED BY
Paul R. Gougelman, III, Esq. Manny Anon, Jr., City Attorney
Weiss Serota Helfman Cole & Bierman, P.L. City of Sebastian
200 East Broward Blvd. - 19th Floor 1225 Main Street
Ft. Lauderdale, FL 33301 Sebastian, FL 32958
Property Appraiser's Identification #
31-38-36-000001-0000000-7.0
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31-38-36-000005-0000000-1.0
Sebastian/Annexation 18.Agt Final CLEAN 02/08/2023
ANNEXATION AGREEMENT
FOR
GRAVES BROTHERS COMPANY
THIS AGREEMENT is made and entered into this day 22 of March , 2023, by
Graves Brothers Company, a Florida Corporation, whose address is 2770 Indian River Blvd., Suite 201, Vero
Beach, FL 32960-4230; and the City of Sebastian, a Florida Municipal Corporation (hereinafter: the "City"),
whose address is 1225 Main Street, Sebastian, Florida 32958.
RECITALS:
WHEREAS, the City of Sebastian, a Florida Municipal Corporation, is specifically authorized pursuant
to Section 171.044, Florida Statutes (2022), to annex land upon the petition of the property owner; and
WHEREAS, Graves Brothers Company, a Florida Corporation, has petitioned the City for voluntary
annexation of the Real Property; and
WHEREAS, Graves Brothers Company, a Florida Corporation, hereby affirms that the Real Property
meets all requirements for annexation pursuant to the aforesaid Section 171.044, Florida Statutes (2022) and
as otherwise set forth in Florida law and the City's Codes and Ordinances, for the voluntary annexation of real
property; and
WHEREAS, Graves Brothers Company, a Florida Corporation, and the City desire to set forth certain
understandings with regard to the proposed use of the Real Property upon annexation, and based thereon, the
parties hereto desire to enter into this Annexation Agreement; and
WHEREAS, the City further enters into this Agreement pursuant to its Charter and home rule powers
pursuant to Article Vill, Section 2, Florida Constitution of 1968 and Section 166.021, Florida Statutes; and
WHEREAS, Graves Brothers Company, a Florida Corporation, legally incorporated by the Secretary of
State, State of Florida, which corporate charter and standing with the State of Florida is current active, and in
good standing, as a Florida for -profit corporation; and
WHEREAS, Graves Brothers Company, a Florida Corporation, is authorized by Chapter 607, Florida
Statutes, and its charter, articles of incorporation, and by-laws to execute this Agreement; and
WHEREAS, Graves Brothers Company, a Florida Corporation, by execution of this Agreement hereby
affirms, warrants to, and affirms the City that it has taken all requisite corporate action to approve the execution
of this Agreement; and
WHEREAS, at the time of execution of this un-amended, base document Agreement, Graves Brothers
Company, a Florida Corporation, was and is the legal Owner of certain Real Property (the 'Real Property")
located in Indian River County, Florida, which Real Property is the subject matter of this Agreement; and
WHEREAS, Graves Brothers Company, a Florida Corporation, hereby affirms, warrants to, and
assures the City that it has legal marketable title in fee simple to the Real Property has lawful authority to
petition for the voluntary annexation of the property set forth herein and desires to annex the Real Property into
the municipal boundaries of the City; and
WHEREAS, said Real Property constitutes 2,044.3 +/- annexed acres of property within the Southwest
area of the City of Sebastian which is reasonably compact and contiguous to the municipal boundary of the
City, and will not result in the creation of enclaves; and
Sebastian/Annexation 1 B.Agt Final CLEAN 02/08/2023
WHEREAS, the parties desire to enter into this Agreement relating to the annexation of the Real
Property in order to achieve the Development of the Real Property permitted under Article III of this Agreement
and all in the promotion of the public health, safety, welfare, economic order, and aesthetics of the City; and ,
WHEREAS, this Agreement has been found to be consistent with the City's Comprehensive Plan and
amendments pending adoption thereto; and
WHEREAS, on March 22, 2023, the City Council of the City of Sebastian adopted Ordinance No. 0-22-
07 approving this Agreement and directing the City Manager to execute this Agreement as provided in Section
3.04(g) of the Charter of the City of Sebastian; and
WHEREAS, it is the intent of the parties hereto to Develop the Real Property based on the terms of this
Agreement; and
WHEREAS, all parties hereto have, without duress, voluntarily entered into this Agreement.
NOW, THEREFORE, in consideration of TEN and 00/100 Dollars ($10.00) and certain other valuable
considerations, each to the other paid in hand, the sufficiency and receipt all of which be and the same is
hereby acknowledged, the parties desiring to be legally bound hereby agree as follows:
ARTICLE I
RECITALS: DEFINITIONS
Section 1.1. Recitals: Properties Subiect to Aareement. The Real Property shall be held,
transferred, sold, conveyed, occupied, annexed, and Developed subject to this Agreement. Each and all of the
foregoing recitals (the "WHEREAS" clauses above) are hereby declared to be true and correct and are
incorporated herein.
Section 1.2. Definitions. In this Agreement, unless the context otherwise indicates, the terms set
forth below are defined as follows:
(a) "Affordable Housing" as defined by the Federal Department of Housing and Urban
Development (HUD) and Chapter 420, Florida Statutes, means that monthly rents or monthly mortgage
payments including taxes, insurance, and Utilities do not exceed 30 percent of the amount which represents
the percentage of the median adjusted gross annual income for the households.
(b) "Agreement" means and refers to this Annexation Agreement and as the same may be
amended from time to time.
(c) "City" means and refers to the City of Sebastian, a Florida Municipal Corporation.
(d) "Commercial Use" means the portions of the Real Property intended to be Developed
with professional Office or retail Commercial Development as provided in the Land Development Code. There
may be one or more Commercial Parcels which are predominantly connected with the sale, rental and
distribution of products, or performance of services.
(a) "Compatibility" or "Compatible" is defined as the characteristics of different uses or
activities or design which allow them to be located near or adjacent to each other. Some elements affecting
compatibility include the following: height; scale; mass and bulk of structures; pedestrian or vehicular traffic,
circulation, access and parking impacts; landscaping; lighting; noise; odor; and architectural style.
Sebastian/Annexation 18.Agt Final CLEAN 02/08/2023
Compatibility does not mean "the same as." Rather, it refers to the sensitivity of Development proposals in
maintaining the character of existing Development.
(f) "Concurrency" is the legal requirement that specified Public Facilities (recreation and
Open Space, potable water, reuse water, sanitary sewer or Wastewater, solid waste, Stormwater Management
System, and transportation) be provided for, by an entity to an adopted Level of Service.
(g) "Conservation" refers to environmentally sensitive areas that reserves and restricts
Development on those lands in order to protect the environmentally sensitive lands.
(h) "Consistent with the Comprehensive Plan" means a condition in which Land Uses or
conditions can co -exist in relative proximity to each other in a stable fashion over time such that no use or
condition is unduly negatively impacted directly or indirectly by another use or condition. A Development shall
be consistent with the comprehensive plan if the Land Uses, densities or intensities, and other aspects of
Development permitted by such order or regulation are Compatible with and substantially further the policies,
Land Uses, densities or intensities, capacity or size, timing, and other aspects of the Development in the
comprehensive plan, and if it meets all other criteria enumerated by the City, including the Land Development
Codes in effect at the time of issuance of a Final Development Order. See §§163.3164 and 163.3194, Fla.
Stat.
(i) "County" means and refers to Indian River County, a political subdivision of the State of
Florida
Q) "Density" is used as a measurement of the number of Dwelling Units per gross acre of
land.
(k) "Developer" is one who actually Develops, or has the right to Develop, any portion of the
Real Property regardless of size. A Developer may also be an Owner of all or a portion of the Real Property.
(I) "Development' or to 'Develop" means and is defined as set forth in Sections 163.3164
and 380,04, Florida Statutes, as amended, or superseded, from time to time, which is set forth below. The
construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; the
making of any material change in the use or appearance of any structure or land, or the dividing of land into
three or more parcels; any mining, excavation, landfill or land disturbance; and any nonagricultural use or
extension of the use of land, are all activities included within the terms "Development" or to "Develop." The
term "Development or to "Develop" includes redevelopment. The term "Development" or to "Develop" shall
include construction within any public Right of Way that is dedicated, conveyed, or proposed to be conveyed or
dedicated to the public or to a governmental entity. 'Development" shall be the planned or actual act of placing
Development on the land, consistent with City Code and Florida Statutes.
(m) "Development Order" means any order granting, denying, or granting with conditions an
application for a Development Permit. See §163.3164, Fla. Stat.
(n) "Development Permit" includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, conditional use, variance, or any other official action of local
government having the effect of permitting the Development of land. See §163.3164, Fla. Stat.
(o) 'Dwelling Unit" is a room or group of rooms forming a single independent habitable unit
used for or intended to be used for living, sleeping, sanitation, cooking and eating purposes by one (1) family
only; for owner occupancy or for rental, lease or other occupancy and containing independent kitchen, sanitary
and sleeping facilities. A Dwelling Unit per gross acre is also a measure of Density.
Sebastian/Annexation 18.Agt Final CLEAN 02/08/2023
(p) "Final Development Order" means the issuance of a Development Order for a Site Plan
or in the case of a Residential Use for Single -Family Dwellings, a Development Order for a final Plat. In certain
cases as specifically stated in this Agreement, a Final Development Order may mean a building permit to
commence construction of a structure or building.
(q) "Floor Area Ratio" or "FAR" is a measurement of non-residential Development which
represents the gross floor area of all buildings, structures, or similar as compared to the total area of the
property on which it is located. The Floor Area Ratio is a fraction, the numerator of which is the gross floor
area of all floors in structures and the denominator of which is the square footage of the property. The ratio is
measured in square feet to the area of a Real Property, excluding any bonus or transferred floor area.
(r) "Green Infrastructure" refers to ecological systems, both natural and engineered, that act
as living infrastructure. Green Infrastructure elements are planned and managed primarily for Stormwater
control, but also exhibit social, economic and environmental benefits.
(s) "Impact Fee' means a fee levied by the City, or other governmental entity, on new
Development so that the new Development pays its proportionate share of the cost of new or expanded Public
Facilities required to service that Development.
(t) "Industrial Land Use" or Industrial Use" means the portions of the Real Property intended
to be Developed with activities predominantly connected with manufacturing, assembly, processing, or storage
of products, which are defined herein as an Industrial Use. There may be one or more Industrial parcels.
(u) "Heavy Industrial Land Use" or "Heavy Industrial Use" refers to an Industrial property
subtype in which the property is occupied by one or more tenants and the property is utilized for heavy
industrial purposes, i.e. heavy manufacturing, petroleum products, cement, recycling center, and other uses, all
of which Heavy Industrial uses must be consistent with and as provided by Section 54-2-5.6A of the Land
Development Code of the City of Sebastian, as amended, or superseded, from time to time.
(v) "Infrastructure" means and refers to those man-made structures which serve the common
needs of the population, such as: roadways, Wastewater or sewage, Stormwater, Wastewater treatment or
disposal systems; potable or reuse water systems; potable water wells serving a system; solid waste disposal
sites or retention areas; Stormwater systems and outfall; Utilities; bridges; and, roadways.
(w) "Institutional Land Use" means the portions of the Real Property intended to be
Developed with facilities providing a government or public service, recreation, certain Infrastructure
Developments, or Conservation, which are defined herein as an Institutional Use. There may be one or more
Institutional Parcels.
(x) "Land Development Cade' means ordinances or resolutions enacted by the City Council
for the regulation of any aspect of Development and includes any local government zoning, rezoning,
subdivision, building construction, landscaping, or sign regulations or any other regulations controlling the
Development of land, or as amended from time to time. See Land Development Code and §163.3164, Florida
Statutes.
(y) "Land Use" means the Development that has occurred on the Real Property, the
Development that is proposed by a Developer on the land, or the use that is permitted or permissible on the
land under the then currently effective comprehensive plan or element or portion thereof, or the Land
Development Cade, as the context may indicate.
(z) "Level of Service" means and refers to an indicator of the extent or degree of service
provided by or proposed to be provided by a facility based on and related to the operational characteristics of
the facility. Level of Service shall indicate the capacity per unit of demand for each Public Facility.
Sebastian/Annexation 18.Agt Final CLEAN 02/08/2023
(as) "Lot" means and refers to a parcel of land of at least sufficient size to meet minimum
zoning and Land Development Code requirements, in existence at the time of Platting or Development, for
use, coverage and area, and to provide such yards and other Open Spaces.
(bb) "Low Impact Design" means systems and practices that use or mimic natural
processes through incremental treatment of Stormwater runoff that result in the infiltration,
evapotranspiration or storage of Stormwater in order to protect water quality and associated aquatic habitat.
(cc) "Master Planning" or "Master Planned" means creation of illustrative plan depicting the
Real Property and locating Development area, spine roads, and assigning intensity and/or density to the
Development area.
(dd) "Manufactured Housing" means a Mobile Home fabricated on or after June 15, 1976, in
an offsite manufacturing facility for installation or assembly at the building site, with each section bearing a seal
certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standard
Act.
(ee) "Mixed -Use Development" means and refers to a type of Development that combines a
mix of uses that shall include a mixture of residential, office, commercial, recreational, limited industrial and/or
institutional uses within one building or multiple buildings with direct pedestrian access between uses. Also, a
Mixed -Use Development may encourage town centers along major arterial transportation corridors.
(ff) "Mobile Home" means a residential structure, transportable in one or more sections, which is
8 body feet or more in width, over 35 body feet in length with the hitch, built on an integral chassis, designed to
be used as a dwelling when connected to required Utilities, and not originally sold as a recreational vehicle,
and includes the plumbing, heating, air-conditioning, and electrical systems contained therein.
(gg) "Multi -Family Dwelling Units" means three or more attached dwelling units either stacked
vertically above one another and/or attached by side or rear walls.
(hh) "Open Space(s)" means and refers to lands suitable for passive recreation,
Conservation, Stormwater uses (inclusive of lakes and canals) as further defined in this Agreement and in the
City's Land Development Code and Comprehensive Plan Site Specific Policy 1-1.7.1.
Ili) "Owner" means and refers to Graves Brothers Company, a Florida Corporation,
organized under the laws of the State of Florida, the record owner of the fee simple title to the Real Property,
less and excepting all ROW, and to its or their successors, heirs and assigns or the Developer.
(jj) "Planned Unit Development" or "(PLO)" is a form of Development recognized from time
to time within the City's Land Development Code as a specfic implementing zoning district and which creates
a Planned Development. Development that is designed as a unit, and which shall include only one or a
mixture of Land Uses, and which generally avoids a gridiron pattern of streets, and usually provides common
Open Space, recreation areas or other amenities. Requirements include submission and review of Site Plans
as part of the zoning or rezoning to a PUD zoning district.
(kk) "Planned Development" is land that is under unified control and planned and Developed
as a whole in a single development operation or a definitely programmed series of Development operations. A
Planned Development includes principal and accessory structures and uses substantially related to the
character and purposes of the Planned Development. A Planned Development is constructed according to
comprehensive and detailed plans which include not only streets, Utilities, Lots or building sites and the like,
but also Site Plans and Floor plans for all buildings as intended to be located, constructed, used and related to
each other, and detailed plans for other uses and improvements on the land as related to the buildings.
Sebastian/Annexation 18.Agt Final CLEAN 02108/2023
(II) "Parcels" means any contiguous quantity of land capable of being described such that
its location and boundaries may be established, that is designated by its owner(s) or developer(s) as land to be
used or developed as a unit, or that has been used or developed as a unit.
(mm) "Plat' shall be defined as a map or delineated representation of the subdivision of land or
lands, being a complete exact representation of the subdivision and other information in compliance with the
requirement of all applicable sections of Chapter 177, Florida Statutes, as amended from time to time, and City
subdivision regulations, in effect at the time of platting or replatting of a particular Development. The term
"plat" shall include a replat. See §177.031, Fla. Stat.
(nn) "Public Facilities" or "Public Facility' means publicly owned Infrastructure including,
rights -of -way, roadway or transportation systems or facilities, sewer or Wastewater systems or facilities, solid
waste systems or facilities, Stormwater facilities, drainage systems or facilities, potable or reuse water systems
or facilities, educational systems or facilities, parks and recreation systems or facilities and public health
systems.
(oo) "Real Property" means and refers to all such existing real property as described in
Exhibits 1A & 113, attached hereto and by this reference incorporated herein. To the extent that the written
metes and bounds legal description and the pictorial sketch conflict, the sketch shall supersede the written
metes and bounds legal description in interpreting the description of the Real Property.
(pp) "Residential Land Use" or "Residential" means the portions of the Real Property
intended to be Developed with a residential use, for use as Single Family Dwelling Units or Multi -family
Dwelling Units, which are defined herein as a residential use. There may be one or more Residential parcels.
(qq) "Recreation Facility" means a component of a recreation site used by the public such as
a trail, court, park, athletic field, swimming pool, or for the pursuit of leisure time activities occurring in an indoor
or outdoor setting.
(rr) "Right of Way" means and refers to land in which the state, a county, a municipality or a
special or improvement district, holds the fee simple title or has an easement, or dedicated rights of use,
required for a public use.
(ss) "Single Family Dwelling Unit" means a structure containing a residential single family
Dwelling Unit occupying the building from ground to roof.
(tt) "Site Plan" means an illustrated proposal for the Development or use of a particular piece
of the Real Property. The illustration consists of a map or sketch of how the Real Property will appear if the
Development proposal is accepted by the City. The requirements for the contents of a Site Plan are as set
forth in City's Land Development Code, as amended from time to time. The Site Plan regulations applicable
to Development of a specific parcel of the Real Property shall be those in effect at the time of approval of the
Site Plan by the City.
(uu) "Stormwater" means and refers to the flow of water which results from and which occurs
immediately after a rainfall event.
(vv) "Stormwater Management System" means and refers to a feature or facility which
collects, conveys, channels, holds, inhibits or diverts the movement of Stormwater shall be inclusive of Best
Management Practices (BMP).
(ww) "Utility" includes but is not limited to gas, water, re -use water, sewer, telephone, power,
Stormwater drainage, and cable television.
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(xx) "Wastewater" means the spent water of the community comprising the liquid and water -
carried wastes from residential uses, commercial uses, industrial uses, and institutional uses, together with
minor quantities of ground and surface waters that are not admitted intentionally.
ARTICLE II
ANNEXATION
Section 2.1. Petition to Annex
(a) The Owner has voluntarily submitted to the City a formal and revised Petition or request for
Annexation of the Real Property. This Agreement memorializes the existing Petition to Annex by the Owner and
constitutes a Petition to Annex the Real Property. The Owner warrants that the Petition has been executed by all
of the existing fee simple title owners of record of the portion(s) of the Real Property to be annexed and has been
filed with the City in compliance with any and all applicable requirements of law, including, but not limited to,
Chapter 171, Florida Statutes.
(b) This sub -section of the Agreement represents and includes findings by the Owner and the
City that:
(1) A substantial portion of the boundary of the Real Property is substantially
contiguous to the City's corporate boundary. "Contiguous" is defined as set forth in Section 171.031, Florida
Statutes;
(2) The Owner, for itself and the Developer of each subdivision or Parcel of the Real
Property, at its sole expense, intends to provide adequate Public Facilities for the Real Property; and
(3) The Real Property is ideally suited for annexation into the City due to its proximity to
the City and adjacent transportation corridors and Public Facilities; and
(4) The annexation will yield substantial benefits to the Owner, the City, and to the Real
Property in the form of planned Mixed -Use Development, an increased tax base to the City, Conservation of
natural habitats, Open Space, and increased employment opportunities.
(c) The Annexation petition to annex a portion of the Real Property may be withdrawn by
the Owner of that portion of the Real Property at any time prior to final approval of the annexation ordinance
pertaining to that portion of the Real Property. If the petition is withdrawn, this Agreement is hereby terminated
as to that portion of the Real Property, and the parties hereto shall not be bound by this Agreement with regard
to its application to that portion of the Real Property. However, no application fees or other type of fee or
charge paid to the City or any other governmental entity, or obligated to be paid to the City or other
governmental entity shall be refunded, and the City shall be released form any liability for the release of the
obligation or refund of the fee or charge by the Owner. This provision shall survive the termination of this
Agreement.
Section 2.2. Consideration of Petition. The City shall have the full and complete right to deny
annexation, defer annexation, or approve annexation of the Property or any portion thereof. By execution hereof,
the Owner understands and agrees that the City makes no representation as to the suitability or legal
appropriateness of the Real Property for annexation or that the City will annex the Property at any time or based
upon any specific conditions, except as otherwise set forth herein.
Section 2.3. Cooperation. The Owner agrees to cooperate in the process of annexing the Real
Property, based on any time schedule, as may be required by the City in its sole and absolute discretion, subject
to the provisions of this Agreement. Annexation of any part or portion of the Property shall not relieve the Owner
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of its obligation to cooperate with the City in, and to keep alive the Petition for, Annexation of all the Real Property,
or portions of the Real Property.
Section 2.4. Litigation. Should any "party affected," or as defined in Chapter 171, Florida Statues (or any
successor statute), file a legal action with a court of competent jurisdiction contesting the annexation of the Real
Property or this Agreement, the Owner, at the request of the City, agrees to participate in defense of the
annexation and this Agreement. Further, with regard to any attorneys' or paralegals' fees or court costs, or
adverse judgment, incurred by the City directly relating to its defense of any lawsuit with the City, if any, relating to
contest of the annexation hereunder or this Agreement, the Owner agrees to indemnity and save harmless the
City for the payment of any claims or damages, as well as any court costs, adverse judgment and attorney's and
paralegal's fees, incurred in defending said action or as a direct or indirect result of said action. As used herein,
the tern "defense" shall include any counter -claims, appeals, or cross -appeals. As used herein, reference to
attorney's fees or paralegal's fee shall apply to both trial and any appeal and to any negotiation of settlement of
claims relating to this Agreement or any annexation. The Owner will have to make any payment to the City within
ten (10) days of receiving any invoices from the City pertaining to any claims or damages, as well as any court
costs, adverse judgment and attorneys or paralegal's fees, or court costs, as stated above. The City, at it sole
cost and expense, will have the authority pursuant to this Agreement to retain the legal counsel of its choice.
ARTICLE III
DEVELOPMENT OF THE PROPERTY
Section 3.1. Develooment Plan.
(a) Future Develooment Plannina.
(1) As of the Effective Date of the original, un-amended Annexation Agreement, there is
no graphic or written version of a Development Plan for the Real Property, The Owner/Developer agrees that
this Agreement does not authorize approval of any specific Development Order, subdivision or Site Plan
proposal. However, the Owner and any Developer of any portion of the Real Property, agrees that minimum
standards in this Agreement shall guide and bind the Development of the Real Property.
(2) The Owner and the City agree that due to the size of the Real Property and its
location, that Development of the Real Property shall be Master Planned through a Mixed Use PUD zoning on
a minimum of 400 acre Parcels as part of the Planned Unit Development (PUD). Development of the Real
Property shall consist of a well -planned, sustainable and integrated system of Land Use; consistent with Future
Land Use Map (FLUM) and City Ordinance 0-22-13, [see Section (b)(2) a. through m., infra] containing a mix
of Residential and non-residential uses.
(b) Comprehensive Plan Land Use Desianation.
The City has taken action to designate the Real Property on the Future Land Use Map
(FLUM) of the City's Comprehensive Plan as Mixed Use as provided in Policy 1-1.3.6 of the Future Land Use
Element.
(1) Mixed Use �MU) Development. The Real Property shall be Developed
Consistent with the Comprehensive Plan uture Land Use Classification in effect and according to Florida
Statutes at the time of Development as determined by the City, and in no event will the Real Property
Development exceed the maximum Density and Intensity of Use in this Agreement, and will satisfy all other
requirements of this Agreement. The purpose of the Mixed Use designation is to provide a mixture of
Residential, Commercial, recreational, Industrial, Heavy Industrial, and Institutional uses and promote town
centers along major arterial corridors.
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The Development of the Real Property shall be Master Planned as a PUD on a minimum of 400 acre Parcels.
Within the real property, a range of Mixed Uses consisting of 60%-80% Residential Land Use categories shall
be balanced with a mixture of non-residential Land Use categories with a range of 20% - 40%. During the PUD
process, the acreage within the PUD shall be a mix of uses including Residential, Institutional, Commercial and
Industrial. The Residential Land Use on the Real Property shall include a target mix of 40% Medium Density,
40% Low Density and 20% Very Low Density for the purposes of calculating permissible density. Densities
may be transferred within each PUD parcel, or outside to other PUDs within the Real Property, provided the
Residential Land Use range is not exceeded on the Real Property. There shall be a minimum 60% Open
Space requirement for the Residential property. Non-residential Land Uses may include up to 25% Multifamily
Residential Uses. Notwithstanding any other provision in this Agreement, the Density permitted on the Real
Property shall be the allowable Density per the limiting factors as further defined in this Agreement and in the
City's Land Development Code and Comprehensive Plan Site Specific Policy 1-1.7.1.
Notwithstanding any other provision in this Agreement, the maximum Density for Residential uses is 10,794
units (an average of 5.28 dulac of the Real Property).
Notwithstanding any other provision in this Agreement, the maximum Intensity on Commercial Use shall be 0.6
FAR, and the maximum Intensity on Industrial Use shall be 0.5 FAR. There shall be a minimum 30% Open
Space requirement for the Industrial and Commercial Uses.
(2) Comprehensive Plan Reauirements. The City has approved Ordinance 0-22-13
as part of the Comprehensive Plan which includes the following principals of Mixed -Use Development for the
Real Property. These principles shall further guide and bind Development of the Real Property under the
Comprehensive Plan Site Specific Policy 1-1.7.1, as amended from time to time. The Owner agrees to and
consents to the site specific policy as set forth below which is the policy adopted by the City Council in effect at
the time of consummation of this Agreement in its original, un-amended form, which is set forth below.
a. Rezoning of the property shall be done through a Planned Unit Development process as described in
Article XX of the City's Land Development Code, as amended, or superseded, from time to time.
b. Housing types shall be mixed to meet various income levels and lifestyle choices; a mix of Single
Family Dwelling Units and Multi -Family Dwelling Units (the "Dwelling Units) consisting of a variety of housing
choices in order to achieve the mix of housing required for affordability and accessibility within a mixed use
development. The housing mix targets 40% Medium Density up to 10 units/acre; 40% Low Density up to 5
units/acre; and 20% Very Low Density up to 3 units/acre, including at least 5 percent (5%) and up to 10
percent (10%) of the Dwelling Units on the Real Property as being Affordable Housing.
c. Provision for future dedication of Right of Way, at the time of Development, to the extent required for
the Development and upon mutual consent of the Owner, shall be transferred to the appropriate entity to
promote an interconnected, extended and improved grid road system, along with a well -planned transportation
system of roads and streets throughout the Real Property, in coordination with the County, to specifically
include 84"' Avenue, 81" Street, 77' Street, and 73r° Street, as well as 74' Avenue.
d. Provision shall be made on the Real Property for a mixed -use "Town Center" area including an active
street frontage or context sensitive street design, compatibility of central theme or design character, and a
comprehensive transportation network that promotes walkability thru compact Development and proximity of
structures, reduces auto dependence, and connects to state and local transportation corridors.
e. To the extent required for and at the time of the Development, future dedication and donation of
Institutional parcels may be required as necessary for governmental services such as post offices, public
safety, schools, etc. and Public Facilities that may be needed for increases in necessary services, as identified
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by concurrency analysis in accordance with the City of Sebastian Land Development Codes and Ordinances at
the time of development.
f. Strategic assembly of commerce and industrial development consistent with the City's Comprehensive
Plan Mixed Use Land Use.
g. To the extent required for and at the time of the Development, future dedication or conveyance of
Conservation lands to appropriate entity to include any natural areas of significant importance, and the
provision of greenway trails to promote a system of connectivity and access consistent with the City's
Comprehensive Plan and Land Development Codes.
h. To the extent required for and at the time of the Development, dedication of City Park and recreational
lands above what will be required in the individual residential subdivision developments. Allocation of parks
and recreational lands consistent with the City's Comprehensive Plan and Land Development Codes
specifically: a minimum of 2 acres per 1000 residents of publicly accessible recreation lands, and a minimum
of 2 acres per 1000 residents of other recreational lands. Publicly accessible lands shall be designated at the
time of PUD zoning and may be conveyed to the City. The dedicated lands, shall count towards the required
aggregate open space required for the Real Property;
I. Increased buffers adjacent to low density areas outside of the PUD area shall be in accordance with
existing City Land Development Codes.
I. As a condition of future Development of the Real Property, the Owner shall provide sufficient land area
for Public Facility Infrastructure required to support the Development and mandate hook-up to central potable
water and wastewater systems for all new. Developments on the Real Property prior to receiving final
Development Orders. Therefore, the proposed development of any portion of the Real Property must provide
sewer/wastewater, reclaim water systems and Stormwater Management Systems, and water service as a
condition of Development. These services may be provided by the County however no septic systems would
be allowed in accordance with City policy and land development codes.
k. The property shall be Master Planned on a minimum of no less than increments or units of 400 acre
Parcels as part of an overall Planned Development project using the PUD zoning district and process, and
shall promote Green infrastructure through a comprehensive plan of connected Stormwater, greenways, and
Open Space that provides for wildlife habitat, Stormwater Management System and recreational opportunities
including Low Impact Design and Best Management Practices.
I_ The Real Property shall consist of a mix of uses consisting of 2040 percent non-residential gross
acreage to 60-80 percent residential gross acreage, with fact that Open Space requirements must be satisfied
m. The Real Property Development shall have a minimum aggregate total of 50% Open Space for
Residential Land Uses and 30% Open Space for non-residential land uses in accordance with Sec. 54-2-
5.10(c) City Land Development Code, including but not limited to each of the following uses which shall qualify
to meet the Open Space requirement: conservation and preservation land; greenways and trails; all parks
whether passive or recreational; all common Open Space; Stormwater uses (inclusive of lakes and canals),
wetland preservation, preservation of habitat for Protected Species which is left undeveloped, and any
pervious portions of the Real Property conveyed to the County or City for a Wastewater treatment plant,
schools, fire station or police station.
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(c) Any residuary amount of the Real Property remaining after the PUD Development
Permitting of all phases of the Real Property, the Owner/Developer agrees that those residuary properties shall
be submitted for Development and specific Land Development consistent with the adjoining property.
(d) Consistencv with Comprehensive Plan. The Parties agree that as required by Florida
law all Development constructed on the Real Property must be Consistent with the Comprehensive Plan, as it
exists at the time of issuance of a Final Development Order for the particular Development that is the subject of
the Final Development Order. See §163.3194, Fla. Stat.
(a) Mobile Homes and Manufactured Housina.
(1) Notwithstanding other provisions in this Agreement, Mobile Homes with or
without essentially flat roofs may be located on any Parcel of the Real Property for not more than 780
consecutive days in any four non -calendar year period solely for purposes of use as a building construction
office facility. Otherwise, Mobile Homes and Manufactured Housing shall not be Developed on the Real
Property.
(2) In the event that the foregoing sub -section (e)(1) is deemed unenforceable or
otherwise stricken by a court of competent jurisdiction or other governmental authority, Mobile Homes and
Manufactured Housing may only be permitted by such that Mobile Home or Manufactured Housing roofs that
are visible from any public or private Right -of -Way shall be of hip, gambrel, mansard, or gable styles. Roof
height, bulk, and mass must appear structural even when the design is nonstructural. The following
requirements shall apply: (1) All Single -Family Dwelling Units and Duplex buildings shall have a pitched
roof covering a minimum of 65 percent of the overall floor area under the roof; (2) Pitched roofs shall have a
minimum slope of 5:12 (five inches vertical rise for every 12 inches horizontal run) and shall have an
overhang beyond the building wall; however, the overhang shall not encroach into an easement; (3) Flat
roofed areas including, but not limited to, porches or screen rooms are permissible in the remaining 35
percent of floor area under roof; and (4) Flat roofs shall be located at the rear of the building out of view from
the public right-of-way.
(3) In the event of a hurricane or other major weather disaster in which the City
determines that single-family or multi -family Residential housing on the Real Property or in the City is
destroyed or substantially not habitable, the City may unilaterally authorize the temporary placement of
Mobile Home or Manufactured Housing on the Real Property for a period not to exceed 1,095 consecutive
days. Thereafter, the Mobile Home or Manufactured Housing on the Real Property must be immediately and
promptly removed at other than City expense.
Section 3.2. Commercial Develooment.
(a) Uses. A variety of non -Residential Land Use designations shall be maintained to assure
availability of sites that accommodate the varied site and spatial requirements for such activities as:
professional and business Offices, Commercial activities, employment generating businesses and general
retail sales and services. In doing so, the City shall promote the image and function of the urban core which is
the City's center for commerce as well as civic and cultural enrichment. Office Development may serve as a
transitional use separating more intensive Commercial uses from Residential Development in order to create a
tiered Development strategy.
(b) Heiaht: Intensity. The Owner/Developer agrees that a maximum height for all structures
shall be thirty-five (35) feet, as calculated pursuant to the Land Development Code in effect at the time of the
issuance of a Final Development Order; subject always to the provisions of the Land Development Code in
effect at the time of the issuance of a Final Development Order.
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The Commercial Land Use category consists of Neighborhood, Limited and General uses in progressive
degrees of higher intensity:
(1.) Neighborhood level Commercial activities are defined in the City's Land
Development Code from time to time as including retail and office activities that service Residential
neighborhoods.
(2) Limited Commercial Land Use designation is to consist of sites intended to
accommodate neighborhood level commercial activities. The maximum intensity is 0.6 FAR. Limited
Commercial activities and personal services shall include establishments catering to the following markets:
a. Neighborhood Residential markets within the immediate vicinity as
opposed to county -wide or regional markets; or
b. Specialized markets with customized market demands.
(3) General Commercial Land Use designation is to accommodate general retail
sales and services; highway oriented sales and services; and other general Commercial activities defined in
the Land Development Code, General Commercial designations are located in highly accessible areas,
adjacent to major arterials.
(c) Platting Subdivision. Prior to commencement of construction, the Owner/Developer
agrees that Lots within any Commercial Parcel shall be Platted or Subdivided by and at the sole cost and
expense of the Owner/Developer subject to the Land Development Code in effect at the time of the issuance of
a Final Development Order.
Section 3.3 Residential Develooment
(a) Uses. The residential Land Use category consists of "Very Low Density Residential," "Low
Density Residential," "Medium Density Residential," or "Mixed Use" residential uses in progressive degrees
with higher Density in areas adjacent to the urban core and less Density in the perimeter of the City.
Residential Development shall be planned and designed to create and perpetuate stable Residential
neighborhoods and implement the policies stipulated in the City Comprehensive Land Use Plan. Accessory
uses include customary accessory uses of a residential nature, clearly incidental and subordinate to the
principal use, including guest houses or Adult Dwelling Units (ADU's), garages, in keeping with the residential
character of the area, all as permitted or prohibited pursuant to and consistent with the City's Land
Development Code in effect at the time of issuance of a Final Development Order for a building permit.
(b) Density: Residential Develooment Standards. The Owner/Developer agrees that
Development on the Residential property shall meet the following standards:
(1) Areas designated as "Very Low Density" shall accommodate up to three (3)
dwelling units per gross acre and shall be comprised of primarily single-family detached homes on individual
lots;
(2) Areas designated as "Low Density" shall accommodate a maximum Density of up
to five (6) dwelling units per gross acre and shall be comprised primarily of single family detached homes on
individual lots and attached residential homes;
(3) Areas designated as "Medium Density" shall accommodate a mixture of single-
family (detached and attached) residential housing, multi- family residential housing, and Compatible civic uses
and Open Space(s) at a maximum density of ten (10) Dwelling Units per gross acre. The Density of uses within
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this designation should be sensitive to adjacent neighborhoods to ensure appropriate transitions, buffers, and
Compatibility.
(4) Density on Residential property may be clustered or transferred from Residential
property to Residential property or Commercial property; provided, that the requirements of this Agreement are
not otherwise exceeded, all in an effort to provide Open Space or higher Density Development in certain areas
of the Real Property.
(c) Affordable Housinn. The Owner/Developer is encouraged to coordinate with non-profit
legal entities to further expand opportunities for Affordable Housing.
(d) Plattina: Subdivision. Prior to commencement of construction, any Subdivision of the
Residential property shall be platted by and at the sole cost of the Owner/Developer pursuant to the City's
Land Development Codes in effect at the time of Subdivision.
Section 3.4. Industrial Land use Development.
(a) Uses. The purpose of the Industrial Land Use designation is to provide strategically located
sites for Industrial needs and requisite support services. The City's Industrial Land Use may be further
designated as Industrial (IND), or Heavy Industrial (HI), in order to support future economic Development and
job growth. The locations for IND and HI should be located with convenient access to major transportation
routes. New industrial locations shall ensure protection of environmentally sensitive lands, protected natural
resources, and Protected Species.
(1) Industrial (IND) - Land Use designation provides for limited manufacturing and
industrial uses which minimize the potential for any adverse impacts upon nearby properties which include:
Utilities; light manufacturing, assembling and distribution activities; warehousing, storage and wholesaling
activities; general commercial activities; aviation related industry, services and facilities; support services such
as night watchmen or custodian residential accessory uses; and other similar land uses which shall be
regulated through appropriate zoning procedures.
(2) Heavv Industrial h - Land Uses are subject to additional protective measures
through appropriate zoning procedures. The City will establish separate HI district location criteria and
performance criteria that provide a greater separation from impacts to surrounding Land Uses. Uses permitted
in the HI district allow a broader range of uses that may have a greater impact on adjacent properties including:
sites which require large surface area, bulk storage facilities, logistic centers/ terminals; distribution centers;
warehousing, manufacturing and processing; green technologies and wholesale recycling operations; and
support services such as night watchmen or custodian residential accessory uses.
(b) Heicht: Intensitv. The maximum height for all structures shall be thirty-five (35) feet, as
calculated pursuant to the Land Development Code in effect at the time of the issuance of a Final Development
Order. Subject always to the provisions of the Land Development Codes in effect at the time of the issuance of
a Final Development Order and notwithstanding any other provision in this Agreement, the maximum Intensity
of Industrial Use shall not exceed a 0.5 Floor Area Ratio.
(c) Location Standards.
(1) Industrial sites shall generally be allocated in areas accessible to arterial roads,
rail corridors, or near airport facilities and should be located in more sparsely Developed areas. New Industrial
Land Use areas shall also be located near an existing Compatible Land Use, separated from Residential
Tracts and Institutional Tracts. Where new Industrial Land Use Parcels are adjacent to environmentally
sensitive lands, protected natural resources, or Protect Species, appropriate buffers and other techniques shall
be used to ensure protection of such lands and resources from industrial Development.
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(2) The allocation of land resources for industrial Development shall be responsive
to the location and space requirements of Industrial Land Use activities and potential fiscal and environmental
impacts on the City. The location and distribution of Industrial Land Use shall be determined based on the
following considerations:
i. Trip generation characteristics and impact on existing and planned
transportation systems, including dependency on rail, air, or trucking for distribution of material and goods;
ii. Anticipated employment generation, floor area requirements, and market
area;
iii. Ability to meet established performance standards for preventing or
minimizing nuisance impacts, such as emission of air pollutants, glare, noise or odor, or generation of
hazardous by-products;
iv. Impact on established as well as anticipated future Development and natural
systems; and
V. Impact on existing and planned public services, Utilities, water resources, and
energy resources.
(3) The City shall prevent nuisance impacts frequently associated with Industrial
activities by maintaining performance standards in the Land Development Code for managing emission of
noise, air pollutants, odor, vibration, fire or explosive hazard, and glare.
(4) In addition to the performance standards identified above, the City shall establish
performance standards in the Land Development Code as it pertains to both Industrial and Heavy Industrial
districts which at a minimum address, but are not limited to, the following:
i. Allowable uses;
ii. Land Use Compatibility, buffering and landscaping;
iii. Access points, traffic controls, and parking;
V. Signage;
V. Gross floor area, impervious surface ratios;
vi. Open space;
vii. Character of an area;
viii. Locational factors;
X. Environmental impacts; and
X. Secondary containment and open air storage facilities.
(d) Platting; Subdivision. Prior to commencement of construction, Lots within any Industrial
Tract shall be Platted or Subdivided by and at the sole cost and expense of the Owner/Developer subject to
the Land Development Code, in effect at the time of the issuance of a Final Development Order.
Section 3.5. Institutional Land Use Development.
(a) Uses. The Institutional Land Use designation is intended to accommodate existing
public and semi-public services including: governmental administration buildings; public schools, not -for -profit
educational institutions and charter schools; hospital facilities and supportive health care units; arts and cultural
or civic facilities; essential public services and facilities; cemeteries; fire and emergency operation facilities;
public and private parks and recreation areas; and Utilities.
(b) Heipht: Intensity. The maximum height for all structures shall be thirty-five (35) feet, as
calculated pursuant to the Land Development Code, in effect at the time of the issuance of a Final
Development Order. Subject always to the provisions of the Land Development Code, in effect at the time of
the issuance of a Final Development Order and notwithstanding any other provision in this Agreement, the
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maximum Intensity of this designation is floor area ratio of 0.6. The location, scale, timing, and design of
necessary public and semi- public services and Utilities shall be closely coordinated with Development
activities in order to promote more effective and efficient delivery of requisite services and Utilities. The City
shall maintain and enforce appropriate standards and specifications for the design and construction of public
and semi-public services in order to promote cost effectiveness and quality control consistent with all
applicable federal, state, regional, and local standards.
(c) Plattina: Subdivision. Prior to commencement of construction, Lots, or Parcels of the
Real Property within any Institutional portion of the Real Property shall be Platted or Subdivided by and at the
sole cost and expense of the Owner/Developer subject to the Land Development Code in effect at the time of
the issuance of a Final Development Order.
Section 3.6. Reservations or Dedications of Land for Public Purooses.
(a) Reservation or Dedications. Except as otherwise set forth below, reservations or
dedications of portions of the Real Property shall comply with the Subdivision regulations set forth in the City's
or County's Land Development Code, as applicable, effective at the time of Site Plan approval for a given
portion of the Real Property Development. All dedications or conveyances of road Right of Way, Stormwater
Management Systems, water and sewer lines and lift stations, and other Infrastructure, to the City, County, or
other governmental entity, shall, at the time of dedication or conveyance, be free and clear of all mortgages,
liens, and encumbrances and shall only be required by and at the time of Development.
(b) Roadways: Public Riahts of Way.
(1) To the extent required for the Development and at the time of Development, the
Real Property Development area will include connections to County Road 510, 82dd Avenue, and 69d' Street
right of way and roadways shall be Developed as permitted and consistent with Chapter 14-97, Florida
Administrative Code.
(2) To the extent required for the Development, the aforementioned connections to
County Road 510, 82nd Avenue, 69th Street, and the existing City and area road network, will all be made at
time of Development and at the sole cost and expense of the Owner/Developer, and at no cost to the County,
the City, or any other governmental entity. The City may require that traffic islands for signage, safety, or
aesthetics within these public access Rights of Way which shall be dedicated or conveyed to the City, or other
appropriate governmental entity.
(3) The City acknowledges its intention, in good faith, to:
I. Coordinate the pro-rata funding of interchange, bridge crossings, or roadways
with the Developers or owners of adjacent land, when such land is benefited by those improvements; and
ii. Implement, when possible and agreeable with other land Developers or
owners a "cost recovery" program for Utilities under the County's or the City's operation and control.
(c) Nothing in this Agreement shall prevent the Owner, its heirs, successors, and assigns from
receiving impact fee credits or other compensation for any conveyance of land or for any provision of public
infrastructure to the City, County, or other local government entity to the extent such conveyance of land or
provision of public infrastructure exceeds the impacts created by the Development of the Real Property, and
provided the City, County, or other governmental entity assesses impact fees for such infrastructure now or in
the future.
(d) Transmission. Distribution Svstem. To the extent required by the Development and at the time
of Development, the Owner/Developer of each portion of the Real Property will at the time of Development be
responsible at its sole cost and expense for the installation of, connection to, or disconnection from,
Sebastian/Annexation 18.Agt Final CLEAN 02/08/2023
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pressurized Wastewater treatment, gravity Wastewater, pressurized potable water, and pressurized County
reuse pipes, lees, bends, valves, joints, laterals, pumps, and other appurtenances (hereinafter: "Facilities")
and for the transmission of sewage, potable water, reuse water, or Stormwater. Said Facilities shall be
capable of operation and maintenance for a term of years as required at the time of installation by the County.
Said Facilities shall be conveyed to the County or the City, as directed by the City, on a schedule to be
Developed by the City in consultation with the County.
(e) Over-sizina of Utility Public Facilities. The City or the County shall have the right to require, and
the Owner/Developer accepts the responsibility of providing at its expense, oversized Utility Public Facilities,
including but not limited to potable water, Wastewater Treatment, Stormwater Management System, and water
reuse, all to serve additional properties on -site or off -site of the Real Property; provided that a mutually
agreeable cost recovery system can be put in place to reimburse the Owner/Developer for the over -sizing of
the Utility Public Facilities.
ARTICLE IV
ENFORCED DELAY. DEFAULT, REMEDIES AND TERMINATION
Section 4.1. Enforcement as Permitted by Statute. This Agreement is enforceable by any party to
this Agreement. Parties to this Agreement, and their successors, heirs, assigns and any Developer shall
enforce this Agreement as provided in Section 4.3.
Section 4.2. Institution of Legal Action. In addition to any other rights or remedies, any party hereto,
or their successors and assigns, may institute legal action to cure, correct or remedy any default, to enforce
any covenants or agreements herein, or to enjoin any threatened or attempted violation thereof; to recover
damages for any default; or to obtain any remedies consistent with the purpose of this Agreement. This
Agreement and each provision hereof section shall not be interpreted as a pledge of ad valorem tax or other
revenues. Parties to this Agreement, and their successors, heirs, and assigns, shall enforce this Agreement as
provided in Section 4.3.
Section 4.3. Enforcement by anv Partv to this Agreement.
(a) Notice of Default: Riaht to Cure. In the event of default by any Party to this Agreement,
or said Party's heirs, successors and assigns, with regard to this Agreement or of any of its terms or
conditions, the Party alleging such default or breach shall give the breaching Party not less than sixty (60)
days' Notice of Default in writing in the manner provided for giving notice as set forth in Section 6.5. The time
of notice shall be measured from the date of certified mailing. The Notice -of Default shall specify the nature of
the alleged default, and, where appropriate, the manner and period of time in which said default may be
satisfactorily cured. During any period for curing the default, the party charged shall not be considered in
default for the purposes of termination or institution of legal proceedings. If the default is cured, then no default
shall exist, and the noticing party shall take no further action.
(b) Option to Institute Leaal Proceedinas. After proper notice and the expiration of said
period to cure default, the noticing party to this Agreement, at its option, may institute a legal proceeding, if the
default has not been cured.
(c) Waiver. Failure or delay in giving Notice of Default or seeking enforcement of this
Agreement shall not constitute a waiver of any default. Except as otherwise expressly provided in this
Agreement, any failure or delay by another party in asserting any of its rights or remedies as to any default
shall not operate as a waiver of any default or of any such rights or remedies or deprive such party of its right
to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce
any such rights or remedies.
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(d) Violation. In the event of violation of this Agreement by the Owner, the Developer, or
any of their heirs, successors or assigns, the City shall have the right to refuse to issue further building permits,
Final Development Orders, or certificates of occupancy or certificates of completion, all as the case may be,
limited as to that phase of Development, or Plat of that phase of the Development where the violation is
applicable, all until such time and event as all such violation(s) are corrected and that phase of Development of
the Real Property is brought into compliance with this Agreement, applicable law, ordinances, resolutions, and
the Land Development Code. The City shall be required to notice the violator with a notice of the nature of the
violation and afford a reasonable period to cure the violation(s) before withholding building permits, Final
Development Orders, or certificates of occupancy or certificates of completion relating to the phase of
Development and not to the violation itself. The City is authorized by this Agreement to use any form of code
enforcement to assure conformance with this Agreement.
ARTICLE V
AND RELEASES ON REAL PROPERTY
Section 6.1. Discretion to Encumber. The parties hereto agree that this Agreement shall not prevent
or limit the Owner or a Developer in any manner at said individual's sole discretion, from encumbering the Real
Property or any portion of any improvement thereon by any mortgage or other security device securing
financing with respect to the same; provided, that said mortgage or other security device shall be released or
satisfied as to said property prior to or simultaneous with its conveyance or dedication to the City or an
incorporated property owner's, homeowner's or condominium association. The City acknowledges that the
lenders' providing such financing may require certain modifications, and the City agrees, upon request, from
time to time, to meet with the Owner or a Developer and/or representatives of such lenders to negotiate in
good faith any such request for modification; provided, that this Agreement shall not require the City's
acquiescence to any action or resolution of a dispute or claim. Any mortgages or beneficiaries of a security
instrument shall be entitled to the rights and privileges set forth in this article.
Section 6.2. Entitlement to Written Notice of Default. The holder of a mortgage or other security
interest, and their successors and assigns, encumbering the Real Property, or any part thereof, which
individual, successor or assign, has requested in writing to the City, shall be entitled to receive written
notification from the City of any default by Owner or a Developer in the performance of said individual's
obligations under this Agreement which obligations are not cured within thirty (30) days; provided, that the
failure to give said notice shall not waive any default of, or action to enforce, this Agreement by the City.
Section 5.3. Property Subfect to Pro Rata Claims. Any mortgagee or holder of a security interest
who comes into possession of the Real Property, or any part thereof, pursuant to foreclosure of mortgages or
other security interest or deed in lieu of such foreclosure, shall take or foreclose upon the Real Property, or any
part thereof, subject to this Agreement and to any pro rate claims for payments or charges by the City against
the Real Property, or any part thereof, secured by such mortgage or other security device which accrued prior
to the time such mortgage or holder of a security interest comes into possession of the Real Property or part
thereof.
Section 6.4. Release. The City hereby covenants and agrees that upon payment of all fees required
under this Agreement with respect to the Real Property, or any portion thereof, and performance of obligations
relating thereto (including completion of performance of continuing obligations), by the Owner upon request by
the Owner, the City shall consider execution and delivery to Clerk of the Court of any appropriate releases) of
further obligations as to a particular and affected portion of the Real Property in form and substance
acceptable to the Clerk of the Court, or as may otherwise be necessary to effect such release; provided, that
the foregoing provision shall not require the City to release any provision of this Agreement from use, density,
Intensity, type of Development, or other requirements of this Agreement. This section shall not be terminated
upon the termination or release of this Agreement with regard to any portion of the Real Property.
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MISCELLANEOUS PROVISIONS
Section 6.1. Drafters of Anreement. The Owner, for itself, or their heirs, successors, and any
Developers, and the City, each were represented by or afforded the opportunity for representation by legal
counsel and participated in the drafting of this Agreement and in the choice of wording hereof. Consequently,
no provision hereof should be more strongly construed against any arty as drafter of this Agreement. Should
any action be brought in any court of competent jurisdiction by any of the Parties to this Agreement, including
the Owner or a Developer, or its of their respective successors, assigns, or heirs, each Party shall bear its own
attorney's and paralegal's fees and costs in connection with such litigation or an appeal any such litigation
decision.
Section 6.2. Covenants Runnina With the Land. It is the intention of the Owner of the Real Property
and the City, that this Agreement shall constitute covenants running with the land and with title to the Real
Property, or as equitable servitudes upon the land, as the case may be. The burdens of this Agreement shall
bind and the benefits of this Agreement shall inure to, the Parties hereto and all successors in interest to. the
Parties to this Agreement. Such covenants shall expire upon termination of this Agreement.
Section 6.3. Conveyance. The Owner shall give to the City written notice at least sixty (60) days
prior to the sale, assignment or transfer of the Real Property or any portion of the Real Property consisting of at
least two (2) acres or more. Dedication, assignment, sale, or conveyancing of a portion of the Real Property
to the City shall constitute the sale, assignment or transfer of a portion of the Real Property.
Section 6.4. Indemnification. The Owner and its successors in interest in ownership of any
portion of the Real Property ("Subsequent Owners"), shall indemnify, defend and hold harmless the City,
and its officers and employees, from all claims, demands, liabilities, damages, losses, and costs, including, but
not limited to, reasonable attomeys' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Owner or Subsequent Owners in the performance of this Agreement. However, such
indemnification shall not include claims of or damages resulting from, negligence or gross negligence, or willful,
wanton or intentional misconduct of the City or its officers, directors, agents or employees, acting in their
official capacity. Such indemnification shall not be required to the extent or percentage of negligence of the
City or its officers, directors, agents or employees, acting in their official capacity. Upon request of the City, the
Owner or Subsequent Owners, shall, at no cost or expense to the City, indemnify and hold the City harmless of
any suit asserting a claim for any loss, damage or liability specified above, and the Owner or Subsequent
Owners, shall pay any cost and reasonable attorneys' fees that may be incurred by the City in connection with
any such claim or suit or in enforcing the indemnity granted above. Notwithstanding the foregoing or any other
provisions of this Agreement, Graves Brothers Company's indemnification of the City and holding the City
harmless shall apply only to the extent of Graves Brothers Company's ownership interest in the Real Property
at the time a claim arises or accrues against the City; shall terminate as to Graves Brothers Company's, for
any portion of the Real Property not owned by Graves Brothers Company's when the claim arises or accrues;
and shall terminate at the time a particular person or legal entity no longer owns any portion of the Real
Property. Nothing in this Agreement shall be construed as the City waiving its sovereign immunity pursuant to
768.28, at seq., Florida Statutes, or any other sovereign or governmental immunity. This section shall survive
the termination of this agreement.
Section 6.5. Notices. All notices, demands and correspondence required or provided for under this
Agreement shall be in writing and delivered in person or dispatched by certified U.S. mail, postage prepaid,
return receipt requested or by a nationally recognized overnight courier (e.g. — Federal Express, United States
Postal Service, United Parcel Service, etc.). Notice required to be given shall be addressed as follows:
CITY: City Manager
City of Sebastian
1225 Main Street
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Sebastian, Florida 32958
With a copy to
City Attorney
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
OWNER: Jeff Bass, President
Graves Brothers Company
2770 Indian River Blvd. — Suite 201
Vero Beach, FL 32960-4230
Notice is presumed to have been given on the date hand delivered, 24 hours after deposit with a recognized
overnight courier, or five (5) days after deposited in the U.S. mail. A party may unilaterally change its address
or addressee by giving notice in writing to the other party as provided in this section. Thereafter, notices,
demands and other pertinent correspondence shall be addressed and transmitted to the new address and/or
addressee.
Section 6.6. Aoolicability of Ordinances and Resolutions of Citv to Agreement.
(a) The ordinances, resolutions, and Land Development Code of the City, governing the
Development of the Real Property shall continue to govern the Development of the Real Property, except as
otherwise provided herein. At the termination of this Agreement or termination of this Agreement as to a
portion of the Real Property, all then existing City Land Development Code shall become applicable to the
Development of the Real Property. Except as otherwise specifically set forth herein, no fee (including the
existence or lack thereof), fee structure, amount computation method or fee amount, including any Impact
Fees, then in existence or hereafter imposed, shall be vested by virtue of this Agreement.
(b) In the event that state or federal laws are enacted after the approval, effectiveness, or
execution of this Agreement which are applicable to and preclude the parties' compliance with the terms of this
Agreement, such Agreement may be modified or revoked as is necessary to comply with the relevant state or
federal laws. The City shall cooperate with the Owner in the securing of any permits which may be required as
a result of such modifications.
Section 6.7. Rules of Construction. The singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory, and "may" is permissive. If there is more than one signer of this Agreement
their obligations are joint and several. The time limits set forth in this Agreement may be extended by mutual
consent of the parties in accordance with the procedures for adoption of an agreement. If for any reason a
specific provision herein conflicts with a City Land Development Code, in effect at the time of issuance of a
Final Development Order applicable to a portion of the Real Property, the specific provision herein shall
prevail. Use of the term "Owner" or "Developer' means and refers to the Owner and/or the Developer, their
successors, heirs, assigns, of any portion of or all of the Real Property.
Section 6.8. Severability. The parties hereto agree that the provisions of this Agreement are
severable. If any provision of this Agreement is held invalid or unconstitutional for any reason, the remainder
of this Agreement shall be effective and shall remain in full force and effect, unless amended or modified by
mutual consent of the parties.
Section 6.9. Entire Aareement. Waivers. and Amendments.
Sebastian/Annexation 18.Agt Final CLEAN
02/08/2023
KC
(a) This Agreement constitutes the entire understanding and agreement of the parties. This
Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all
negotiation or previous agreements between the parties with respect to all or any part of the subject matter
hereof. All waivers or releases of the provisions of this Agreement must be in writing and signed by the
appropriate authorities of the party waiving or releasing the provisions hereof or performance hereunder.
(b) All amendments hereto must be in writing signed by the appropriate authorities in a form
suitable for recording in the Public Records of Indian River County.
(c) The Owner hereby agrees to pay for any costs of recordation or filing of this Agreement,
or any amendment hereto, in the Public Records of Indian River County, Florida, or with the State of Florida,
Department of Economic Opportunity. The recorded original of this Agreement or any amendment hereto,
shall be returned to the City for filing in its records to be kept with the City Clerk.
Section 6.10. Interpretation: Venue.
(a) With regard to any lawsuit against the City, the County, the Owner, or the Developer of
any portion of the Real Property, this Agreement is subject to the home venue provision. The exclusive
jurisdiction and venue for litigation surrounding this Agreement or its validity shall be properly located in the
19th judicial circuit of the State of Florida in and for Indian River County or the U.S. District Court, Southern
District of Florida, in and for Indian River County, all as said jurisdiction boundaries may be amended from time
to time.
(b) This section shall survive the termination of all or part of this Agreement.
Section 6.11. Termination of Previous Annexation Aoreement: Previous Understandinas.
(a) The Annexation Agreement between the Owner and the City recorded on August 29,
2019, in Official Records Book 3234, Page 1731, Public Records of Indian River County, Florida, be and the
same is hereby terminated.
(b) All previous understandings, whether oral or in writing prior to the Effective Date of this
Agreement and not included in this Agreement, be and the same are hereby declared to be of no effect.
Section 6.12. Effective Date: Duration of Aoreement.
(a) The Effective Date shall be the date upon which this Agreement has approved and
executed by the Owner of the Real Property and the City and recorded in the Public Records of Indian River
County, Florida. The Effective Date of any amendment to this Agreement shall be the date upon which said
amendment to this Agreement has approved and executed by the Owner of the portion of the Real Property
subject to the amendment and by the City and recorded in the Public Records of Indian River County, Florida.
(b) Unless earlier terminated as otherwise provided in this Agreement, this Agreement shall
terminate on September 30, 2043.
-..... ...++++»+++++++++++++++.++++NOTHING FURTHER+++++++++++++++++«+.....+....+++.++++++++
IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first
above written.
Signed, sealed and delivered
In the presence of: OWNER:
Sebastian/Annexation 18.Agt Final CLEAN
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Sigrint a n:
P11ati
e: ril
Aaldress: a31. l0 or+
uo{ionrh Gt_324t.a
Sign: &Q6LA�,q/11,y Yi.
Print Name: A IPjAMA Cj-r ymP'er
Address: t000 7.-,n.. — CAt bw yIo}
Pv.+ (jwt FL 34,14'1
GRAVES BROTHERS COMPANY,
a Florida Corporation
By. /<
Jeff E. Bass, its President
Address: 2770 Indian River Blvd. —
Suite 201, Vero Beach, FL 32960-4230
(CORPORATE SEAL) '
STATE OF FLORIDA )
SS \'
COUNTY OF INDIAN RIVER )
The foregoing instrument was cknowledged before me by means of ✓ physical presence —or _ online
notarization, this <Q0 day of was
, 2023, by Jeff E. Bass, as President of Graves Brothers Company, a
Florida Corporation, on behalf of the corporation. He is personally known to mg or has produced
as identification.
L,*eN APRIL A. EDMONDS
AW.MY COAANSF%PpffS: /yN 5, ZY24
Sign 1r4(.211-1
ota Publicic
State of Florida at Large My Commission Expires: ^Pr t
Print Name: P,,,t ( A -Eck �
CITY:
CITY OF SEBASTIAN, a Florida
Municipal Corporation
Print Name: �,2 dd
Address: Pv* 1`9 ..:,t SJk
Sebastian/Annexation 18.Agt Final CLEAN 02/08/2023
22
Sign_---.._.._..
Print Name: Frederick B. Jones
Address: 1225 Main Street
Sebastian, FL 32958
ATTEST:
)ttMC
yneLeevitiourn
Clerk
STATE OF FLORIDA )
) SS:
COUNTY OF INDIAN RIVER )
By: /�
aul E. adisle, its City Manager
Address: 1225 Main Slreet
Sebastian, FL 32958
(CITY SEAL)
The foregoing instrument was a knowledged before me by means of _✓physical presence, or _ online
notarization, this aL day of �—, 2023, by Paul E. Carlisle, as City Manager of the City of
Sebastian, Florida, a Florida municipal corporation, on behalf of the corporation. He is personally known to me
or has produced as identification.
Sebastian/Annexation 18.Agt Final CLEAN
Notary Public��
State of Florida at Large
My Commission Expires:
Print Name:
r m,MMLLELFAMNER
_...-.-`..... Canr"M 9 HH 12W7
bgh sJ*2%=
a ft,rwl.l.aomwasmn
02/08/2023
23
EXHIBIT la
DESCRIPTION OF GRAVES BROTHERS COMPANY PROPOSED LAND
ANNEXATION
SECTION1,T6N MPUSOUR1.RANGE33EA6TANDPARTOFSECTION33.TOWNSHIP31 SOUTH.RANGEUEAST.
INDM RN CW . F DA
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SKETCH OF GRAVES BROTHERS COMPANY PROPOSED LAND ANNEXATION
SECTION 1. TOWNSHIP 32 SOUTH. RANGE 38 EAST AND PART OF SECTION 38. TOWNSHIP 31 SOUTH, RANGE 30 EAST.
INDIAN RIVER COUNTY, FLORIDA
IF I
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EXHIBIT lb
DESCRIPTION OF GRAVES BROTHERS COMPANY PROPOSED LAND
ANNEXATION
PARTOF SE NW.TOWMHW31 SOUTN. RANGEM EAST AND PARE OFSEMM3.TOWNSNW 32 SOUTN, RANGE3B
EA INDMR WUM .FLORIDA
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DESCRIPTION OF PROPOSED GRAVES BROTHERS COMPANY LAND ANNEXATION
PARCELS WITHIN PART OF SECTION 3S. TOWNSHIP 31 SOUTH. RANGE 33 EAST AND SECTION 3. TOWNSHIP 33 SOUTH.
RANGE M EAST
INDIAN RNER COUNTY. FLORIDA pppp
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6tY. SSyCCyly'
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.`.. .gyyy.. xw^iL �iam -. I=1R-�NCIC.e11�Ei1X6�N1= YURveiO�.• rn� I.meeo.PO. 2 VI G
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Prepared i y
Darlene Pegg, an employee of
Elite Title of The Treasure Coast Ina.
3055 Cbrdral Ddvo, Ste 105
Veen Bead, Fonda 32963
(772)231-5560
/"s� peWmto: Grantee
/ A File No.: ET-20M
0111 So SPECIAL WARRANTY DEED
33ss as
THIS INDENTURE, executed on August 25, 2022 .between
Sebastian River Improvement District, a drainage district organized and existing under the
General Drainage Laws of the State of Florida, also known as Sebastian River Water Control
Distritk formerly known as Sebastian River Drainage District
whose mailing address Is: C/O Special District Services Inc 2501a Bums Rd, Palm Beach Gardens, FL
33410,
hereinafter Called the "grantor', and
Graves Brothers Company, a Florida corporation
whose mailing address Is: 2770 Indian River Blvd., Vero Beach, FL 32960.4230,
hereinafter called the "grantee":
(Which terms'Gantoe and Gran' ee° shall include singular or plural, corporation or Individual, end eahr sex, and shell lndWe
Mrs, legal rewesentaths suss sects and assigns of the salve)
WITNBSSETH: The grantor, for and In Consideration of the sum of $10.00 and other good and valuable
consideration, receipt whereof Is hereby acknowledged, by these presents does grant, bargain, release,
convey and confirms unto the grantee, their heirs and assigm, all that certain land situate In Indian
River County, FL, to -wit:
See Exhibit "Wand Exhibit "B" attached hereto
Subject to a0 reservations, covenants, conditions, restrictions and easements of record and to all
applicable zoning ordinance and/or restrictions Imposed by governmental authorities, If any.
Together with all the tenements, heredimments and appurtenances thereto belonging or in any way
appertaining.
To Have and to Hold, the same In fee simple forever.
And Grantor hereby Covenants with old Grantee that Grantor is lawfully seized of said land in fee
simple; that it has good right and lawful authority to sell and convey old land; and that mid land is free
of all liens, neserva0ons, restrictions, easements, leases, tnandes, and other encumbrances, except the
permitted exceptkns and taxes accruing subsequent to December 31, 2021, and hereby releases any
aaomatic reservation and right of entry In accordance with Section 270.11, Florida Statutes. That It
hereby fully warrants the title to said land and will defend the same against the lawful claims of all
persons claiming by, through or under Grantor, but against none odxs.
page tof4
File No. ET-2a285 41
In Witness Whereof, the grantor has hereunto set their hand(s) and seal(s) the day and year first
above written.
Sebastian River Improvement Distdct, a drainage
district organized and existing under the General
Drainage Laws of the State of Florida
By' 1, 1
Name: Thomas R Hammond
Title; Vice -Chair
S/gned, sealed and Mared In our,
71
WKne M Sign
Darlene K Pegg
Print Name
State of Florida
County of T„diaa Rimier
Wltnr'ss nature rt""""��
Sheila X 176II
Print Name
The foregoing Instrument Was Acknowledged before me by means of ® physical presence or ❑
online notarization, on Aue iat 5. 9099 . by Thomas a nammona . as
Vice —Chair I on behalf of Sebastian River Improvement District, a drainage
district organized and existing under t�tie General Drainage Laws of the State of Florida, also
known as Sebasti n River Water Control District, formerly known as Sebastian River
Drainage DistrlWaipting under the W of the State of .
DARLENE K. PEGG
Printed Name ONLLENEKPEGO
( ) ��"'!�` raanxdraaxxnoiEr
r. tErpYeeApe N,2t76
My Commission expires: I
sea0
Personally Known O OR Produced Identification t{�
Type of Identifidation Produced a valid drivers license
Page 2 d'i
We No. ET-20ZBS
i.
EXHIBIT "A"
Legal Desalptlon
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-5-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF (112),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF
(1/2) OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 FAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd/ AVENUE,
COUNTY ROAD 609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL
102, SECTION 88503.2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL -I- CANAL (125.00 FEET WIDE RIGHT
OF WAY) RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIDA.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-4-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE NORTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE NORTH ONE-HALF
(1/2) OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd/ AVENUE,
COUNTY ROAD 609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL
102, SECTION 89503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL "L" CANAL (125.00 FEET WIDE RIGHT
OF WAY) RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIDA.
AND THE NORTH 50.00 FEET OFTHE SOUTH ONE-HALF (1/2) OF THE NORTH ONE-HALF
(1/2), AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE NORTH ONE-
HALF (1/2) OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVERCOUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF THE SEBASTIAN RIVER
IMPROVEMENT DISTRICT LATERAL "L" CANAL (125.00 FEET WIDE RIGHT OF WAY) RIGHT
OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER COUNTY,
FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF INDIAN RIVER FARMS WATER
CONTROL DISTRICT "RANGE LINE CANAL" / 74th/ AVENUE'DIKE AND CANAL' (100 FEET
WIDE RIGHT OF WAY), DEED BOOK 48, PAGE 23, ST. LUCIE COUNTY, FLORIDA, SAID WEST
RIGHT OF WAY OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT RANGE LINE
CANAL ALSO BEING THE EAST LINE OF SAID SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38
EAST, INDIAN RIVER COUNTY, FLORIDA.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-3-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (112) OF THE SOUTH HALF OF
Page 3 of 5
File W. ET-202B5
SECTION 36, TOWNSHIP 31 SOUTH, RANGE 36 EAST, INDIAN RIVER COUNTY, FLORIDA,
LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd/ AVENUE, COUNTY ROAD
609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL 102, SECTION
88503-26M OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE SEBASTIAN
RIVER IMPROVEMENT DISTRICT LATERAL "L" CANAL" (150.00 FEET WIDE RIGHT OF WAY)
RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIDA.
AND THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (112) OF THE SOUTH ONE-HALF
(112), AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (112) OF THE SOUTH HALF OF
SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA,
LYING EAST OF THE NORTHWESTERLY EXTENSION OF THE NORTHEAST RIGHT OF WAY OF
THE SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL "L" CANAL (125.00 FEET WIDE
RIGHT OF WAY) RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300,
INDIAN RIVER COUNTY, FLORIDA, AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL "L" BYPASS CANAL (12S.00 FEET
WIDE RIGHT OF WAY), RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300,
INDIAN RIVER COUNTY, FLORIDA.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-2-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH SO.00 FEET OFTHE SOUTH ONE-HALF (112) OF THE NORTH ONE-HALF (I(2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (i/2) OF THE NORTH ONE-HALF
(1/2) OF SECTION 35, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd/ AVENUE,
COUNTY ROAD 609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL
102, SECTION 89503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL "1" CANAL (150.00 FEET WIDE RIGHT
OF WAY), RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN
RIVER COUNTY, FLORIDA,
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-6-W CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE SOUTH $0.00 PEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTHWEST ONE -QUARTER
(114) OF THE NORTHWEST ONE -QUARTER (114), AND THE NORTH 50.00 FEET OF THE
SOUTH ONE-HALF (1/2) OF THE SOUTHWEST ONE -QUARTER (1/4) OF THE NORTHWEST
ONE -QUARTER (1/4) OF SECTION 11, TOWNSHIP 32 SOUTH, RANGE 38 EAST LYING EAST
OF THE EAST RIGHT OF WAY OF THE SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL
"D" CANAL (275.00 FEET WIDE RIGHT OF WAY) AND WEST OF THE SOUTHEAST ONE -
QUARTER (114) OF THE NORTHWEST ONE -QUARTER (114) OF SAID SECTION 11, TOWNSHIP
32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA.
SUB3ECTTO:
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-3-E CANAL
SURFACE WATER DRAINAGE AND STORMWATER DISCHARGE EASEMENT DESCRIPTION:
THE WEST 212.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: /
Pape 4 of 5
Hie No. ET-20nS J
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTH HALF OF
SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA,
LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82ND AVENUE, COUNTY ROAD
609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL 102, SECTION
88503-2613., OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE SEBASTIAN
RIVER IMPROVEMENT DISTRICT LATERAL "L" CANAL- (150.00 FEET WIDE RIGHT OF WAY)
RIGHT OF WAY MAP 19,60, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIDA.
THE ABOVE DESCRIBED PARCEL WAS SCALED FROM THE UN -DIMENSIONED TEMPORARY
CONSTRUCTION EASEMENT LYING WITHIN THE SEBASTIAN RIVER IMPROVEMENT
DISTRICT C-3-E RIGHT OF WAY (100 FEET WIDE), LYING SOUTH OF THE WET DETENTION
POND NO. 11, AND IS INTENDED TO REPLICATE SAID EASEMENT AREA AS SHOWN ON THE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLANS FOR ROAD NO. CR 609,
COUNTY INDIAN RIVER, FINANCIAL PROJECT ID 230879-2-52-01, POND DETAILS, SHEET
60, DATED 10/13/2020, SIGNED BY ROHAN A. HAMEED, P.E., LICENSE NUMBER 56734, HEIR
ENGINEERING, INC.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-S-E CANAL
SURFACE WATER DRAINAGE AND STORMWATER DISCHARGE EASEMENT DESCRIPTION:
THE WEST 292.00 FEET OF THE FOLLOWING DESCRIBED PARCEL:
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF
(1/2) OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd AVENUE,
COUNTY ROAD 609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL
102, SECTION 88503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL -V CANAL (125.00 FEET WIDE RIGHT
OF WAY) RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIO&
THE ABOVE DESCRIBED PARCEL WAS SCALED FROM THE UN -DIMENSIONED TEMPORARY
CONSTRUCTION EASEMENT LYING WITHIN THE SEBASTIAN RIVER IMPROVEMENT
DISTRICT C-S-E RIGHT OF WAY (100 FEET WIDE), LYING SOUTH OF THE WET DETENTION
POND NO.10, AND IS INTENDED TO REPLICATE SAID EASEMENT AREA AS SHOWN ON THE
STATE OF FLORIDADEPARTMENTOF TRANSPORTATION PLANS FOR ROAD NO. CR 609,
COUNTY INDIAN RIVER, FINANCIAL PROJECT ID 230879-2-52-01, POND DETAILS, SHEET
59, DATED 10113/2020, SIGNED BY ROHAN A. HAMEED, P.E., LICENSE NUMBER 56734, HDR
ENGINEERING, INC.
I
Page 5 of 5
Hle No. E -20285
SERASTIAN RWEA IMPROVEMENT DISTRICT SU LATERAL C3i CANAL EXHIBIT "B"
RIGHT OF WAY ABANDONMENT DESCRIPTION:
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RIGHT OF WAY ABANDONMENT DESCNIVOON:
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RIGHT OF WAY ABANDONMENT DESCRIPTION:
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RIGHT OF WAY ABANDONMENT DFSCRIPTIONI
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IATTACHMENT A
Graves Brothers Company
Indian River County, FL
Annexation and Comprehensive Plan Amendment
Justification Statement
and
Public Facilities Statement
Prepared by:
Schulke, Bittie & Stoddard, L.L.C.
Joseph Schulke, P.E.
1717 Indian River Blvd, Suite 201
Vero Beach, FL 32960
April 2022
Revision: August 11, 2022
(Update Exhibits A, C, and E)
Revision: August 25, 2022
(Revise acreage of site)
Annexation into the City of Sebastian
Comprehensive Plan Amendment
Graves Brothers Company
Portions of Sections 1-32S-38E, 2-32S-38E, 35-31S-38E and 36-31S-38E
Indian River County, FL
Prepared by:
Schulke, Billie & Stoddard, L.L.C.
Joseph Schulke, P.E.
1717Indian River Blvd, Suite 201
Vero Bach, FL 32960
JUSTIFICATION STATEMENT
This statement bens been prepared to support a request to annex 2044.318 acres of property
(Including right-of-way) into the City of Sebastian and change the future land use map
(FLUM)_designation of the applicant's 1913.593 acre properly (net acreage, excluding right-of-
way) from Indian River County "AG4" (Agricultural - 1 uniV5 acre) to City of Sebastian Future
Land Use Map designation of "Mined Use'.
Introduction
The purpose of this request is to secure the approvals necessary for the annexation of the property
within the City of Sebastian, with a Future Land Use designation consistent with the city's Future
Land Use Map (FLUM) and with densities and intensities consistent with the city's adopted Future
Land Use Element of the Comprehensive Plan (April 2040).
The landowner is: Graves Brothers Company
Jeff Bass, President
2770 Indian River Blvd, Suite 201
Vero Bach, FL 32960
The property is in pans of sections 1.32S.38E, 2-32S-38E, 35-31S-38Eand 36d1S-38E. The site
is bounded by and lies south of C.R. 510, west of 74' Ave (extension), north of 69 a St, and cast of
90th Ave. The northern portion of the property (hereafter refined to as 'the site') abuts the City of
Sebastian city limits The site is bisected in the north/ south direction through it's approximate
center by 82v°Ave.
The nonage of the site is:
Gross ROW Net
82nd Ave, east: 1139.021 73.524 1065.497
82nd Ave, west: 905.297 57.201 848.096
Total: 2044.318 130.725 1913.593
The lend is located entirely within the city's designated Annexation Reserve area, an area identified
in the city's newly adopted 2040 Comprehensive Plan, (reference Exhibit A: "Map 1-14:
Annexation Reserve Area" COS 2040 Comprehensive Plan". The site boundaries have ban
superimposed onto the map for reference.
Page 2
Consistent with Objective 1-2.1 and its related policies, the City acknowledges a need to prevent
urban sprawl and disjointed urban service delivery systems. The recut ofadjacent properties along
the same corridor being governed by Aso different sell ofdevelopment regulations is more likely to
result in a lack of coordination leading to poor urban design and a corridor that does not finmtion
as well ns it should. In addition, the City desires to develop a plan for managing annexation of
unincorporated enclaves, the annexation reserve areas as well as fringe areas adjacent toile City.
especially for potential economic centers within the incorporated area.
The proposed FLUM designation of "Mixed Use' is appropriate at this time bcisorw urban growth
is contiguous and agricultural activities are no longer economically viabla, (reference Objective I-
1-4)
Policy /-1.4.1: Agriculture Land Use Designation. The Agriculture land use designation shall be
used for the following uses: farming, crops, range and livestock activities; protecting industries that
are a pan of the state i traditional economic base such as citrus and aquacadture: agricultural
research: agricultural related businesses: public facilities; institutional uses or recreational uses.
The City shall also utilize the Agriculture land we designation for future annexations of existing
agriculture/ lands until such a time that urban growth is contiguous and agricultural actietriea
are no longer economically viable
Urban scale development that is contiguous to and adjacent to the site includes:
-The City of Fellsmere has annexed all the lands on the southern 2/3 of the land's west boundary.
-Vero Lake Estates (IRC) is fully developed along the sites northern 113 of the land's west
boundary.
-Liberty Park PD TNO (IRC) has been approved for significant urban development along the sites
northern 14 of the east boundary. The developer has submitted construction drawings to IRC for
approval and commencement of construction.
-Treasure Coast elementary school and Blue Water Bay PD (IRC) have developed along the sites
northern boundary. Several other lands lying north of the site have received development approvals
for urban development, including Sebastian Park and River Oaks, lying north of the land's north
boundary. Recently the City has annexed lands north of the site, including Graves 66.87 acres
(contiguous to this site), and Cross Creek Lake Estates Addition (25 acres) located North/ North
East of the site, which both have expanded the city limits to the south.
-FDOT is currently under preliminary design to 4 lane/ widen CR510 along the land's north
boundary. (Reference COS 2040 Comp Plan Future Transportation Map)
-FDOT is currently under preliminary design to construct a new 2 lane arterial roadway (82 "a Ave)
from Cr510 to 696 St, which bisects the land, starting at the site's north property line and ending at
the site's south property line. Notably, this new corridor will traverse the entire length of the City's
annexation reserve area, and this corridor will complete a new north/ south corridor from Cr510 to
Sr 60. (Reference COS 2040 Comp Plan Future Transportation Map)
See Exhibit B - Location Map and Thoroughfare Plan Road Network
Agriculture has become economically unfeasible.
For many generations this area had been primarily dedicated in the production of citrus. Following
the hurricanes in 2004 and 2005, Citrus Canker became endemic to the industry Ibllowed closely
by the much more deadly Citrus Greening disease. Citrus production is now only economically
viable in large acreage blocks where all growers can practice similar defensive cultural practices.
Because of neighboring conversions to urban and non-citms uses, this area is now like an island
Page 3
where citrus production is no longer feasible. Land conversion costs make transiting to other
agricultural uses such as raw and vegetable crops unfeasible as well, While livestock grazing is
available, the economic returns will not support the long-term maintenance demands of the
Property
Ohie etives for the future develooment of the Annexation Area
The applicant has met several times with city staff to discuss the applicant's plans for its land, and
the annexation procedure and the necessary requirement that the annexation and all future potential
development would be required to be consistent with the newly adopted 2040comprehensive Plan.
Consequently, the applicant has agreed that the development of the land will adhere to the
foundational element of the comprehensive plan (the Land Use Element). The Land Use Element
promotes livability, sustainability, and smart gmwth principles to guide the development of the
City of Sebastian and shape how the City will grow in the next 20 years. Objectives of the
annexation consistent with the Comp Plan include:
-Encourage mixed use development
-Promote affordability. accessibility. and healthy eammumfies.
-Encourage low -impact development sustainable. and energy efficient building design and
construction procticesr
-Follow growth management principles to prevem ate proliferation ofsprowl and ensure adequate
infrastructure and public facilities are provided concurrent with development
-Utilire the "Planned Unit Development" Process (PUD) to establish design standards andform-
based code principles in order to enhance One design of any future development and recognise
unique land characteristics.
Tools and Governance
The city's newly adopted comp plan has established the tools and governance required to ensure
these objectives we met, including:
PLUM -This application includes a request to designate the Future Land Use as "Mixed
Use". The city adopted this new Future Land Use designation concurrent with the adoption
of the 2040 Comprehensive Plan.
See Fddldt E- Proposed City FLUM Amendment
Policy 1-1. 3.6: Mixed Use (MU). The purpose of the Mixed Use designation is to provide a mixture of
residential office, commercial, recreational limited industrial, and institutional uses and encourage town
centers along major arterial corridors. This designation shall target areas outside of the Riv00%nt .Mixed
Use district to allow for greater flexibility and changing market types in identified areas ofthe City such nor
the Sebastian Boulevard Triangle Area. Theseareas may also serve as TDR receiving areas allowing for the
preservation of additional preservation and conservation lands within the City. Additional design and
development standards including form based rode principals shall be incorporated into the LDC. The
maximum intensity is 0.6 FAR• and up 10 1.0 FAR with incentives. The allowable residential uses include
single family, duplexes. and multi -family up to ten (10) dwelling units per acre. and up to Arrive (12) dwelling
units per acre with the use of TDRs or incentives. Incentives shall be outlined in the LDC and may include
but are not limited to projects that incorporate regional sto mwater pond(s), shared parking straa'ares (s),
bikevhMasrrmar connectivity and quality of l udic open space.
Page 4
2. PUD - Future development of the site is anticipated to follow the development concepts
and procedures through the use of the "Planned Unit Development" (PUD).
Policy 14.6.I: Planned Unit Development Overlay Designation. The City's LDC shall continue to allowa
planned unit development overlay tuning designation in order to provide a voluntary management
framework for coordinating objectives of developers with those of the City Council. The City Council shall
reserve the mahori(v to intake tans, conditions in wending development rights based on: • Changes in
conditions surrounding the impacted land uses in the vicinity. • Evolving issues surrounding infrastructure
levels of service: • Impacts on natural resources: and/or • Other related issues impacting the auto of the
proposed planned unit development. Policy 1-1. 6.2: Planned Unit Deselopmnu Option. Ilre planned unit
development mcrlay designation shall be available m a volumary approach for managing specific
development chamneriahs and project amenities to be incorporated in residential. commercial. industrial.
or mixed use development options. Developers who voluntarily participate in the process shall bind
themselves as well as those who may be their successors in title to the subject land.
3. LDC - The city's primary tool to ensure all development is in conformance with the 2040
comprehensive plan is the City's "Land Development Code" (LDC). Any new
development must adhere to both the guiding Objectives and Policies of the Comp Plan,
and as referenced within the Comp Plan, all development must conform to all development
regulations within the city's land development mile. The LDC is designed to:
Regulate the subdivision of land, and regulate the uses on land and in wale, consistent with this
Element, ensure the compatibility of adjacent land uses, and provide for open space;
Protect the environmentally sensitive lands and aquifer recharge functions
Regulate areas subject to seasonal and periodic flooding and provide for drobiage and sto mwater
management.
Dedication. acquisition and development of furore rights -of -way
Provide that development orders and permits shall not be issued which result in a reduction oflevels
ofservices (LOS) for impacted public facilities
Growth Mana¢entent Principles
The aforementioned tools at the applicant and city's disposal ensure the future development of the
site will follow the Growth management principles the city has envisioned in its comp plan.
Guiding principles include:
I. Compatible Design: Future development of the site will consider the adjacent land uses
and provide compatibility measures, recognizing the primary adjacent land uses are:
Urban areas to the weir.
-City of Fellsmere city limits; future urban development area along the southern 2/3 of the
land's boundary
-Vero Lake Estate; urban scale development area along the north 1/3 of the west boundary
Urban areas to the North:
-Treasure mast Elementary school, Blue Water Bay, and several other lands with
development approvals (Sebastian Park, River Oak) lying north of the land's north
boundary.
-Sebastian's southern limits and other urban development within the un-incorporated areas
of the county.
Page 5
Urban and Agricultural areas to the east:
- Liberty Park PD TND, a urban scale development approved for development within un-
incorporated county areas along the north Vi of east boundary.
-agricultural areas (primarily 5 to 20 acre ranchettes) within un-incorporated county areas
along the southern of the east boundary
Agricultural areas to the south
-agricultural areas (primarily 5 to 20 acre ranchcues) within un-incorporated county areas
south of the site.
The Comp Plan dearly provides policies to ensure future development of the land will
provide compatibility measures:
Policy 1-2. 1.1: Smart Growth Principles. The City shall promote smart growth principles
that direct growth in an intentional. comprehensive way, These principles include but are
not limited winnowing a mix of uses, compact building design, walkable communities,
housing diversity, environmental preservation. and transportation choices.
Policy 1-1.I.1: Protect Developments from Possible Adverse Effects of Neighboring
Permitted Uses. The City 's LDC shall incorporate standards and/or review criteria for
mandating retention of open space, regulating building design, including setbacks.
building placement on site, and building orientation. That provisions shall be directed
toward supporting compatibility as well as to preserving light. air, and open space. Other
reasonable design principles, including buffeting standards. shall be included in the LDC.
Polity 1-1. L3: Minimize Impacts ReAveen Urban and Rural Land Uses. The LDC shall
incorporate performance standards. urban service availability standards. and other
requirements which ensure buffering between urban and rural land uses. This is necessary
in order to maintain responsive land manugemew policies along fire outer suburban fringe
where urban development within the City mind potentially impact unincorporated
agricultural lands• and vice versa.
Reduce Urban sprawl: Any future development of the land will require that the location,
scale, timing, and design of development will be coordinated with public facilities and
services to prevent the proliferation of urban sprawl, maximize public infrastructure, and
achieve cast effective land development patterns.
Policy 1-22.1: Resource Protection. The City shall seek to maintain and manage the
City's natural and man-made resources by establishing a pattern of development that is
harmonious with the Cirv's natural environment and quality of life.
Yolicy 1-2. 2. 4: Accommodate Growth. The City shall continue to seek fiscal resources to
errend City service areas. Improve City roadways, coordinate public infrastructure and
make other improvements necessary to accommodate growth and maintain services and
facilities at adopted level of service standards.
Yolicy 1-1.1.5: Development Orders and Permitting Process. Development orders and
permits for all future development shall be timed mid staged to assure that requisite
infrastructure and services are available
Policy 1-2.1.6: Connarency Management. The masimner allowable density and Intensity
of land uses may be limited based on mailable public mtrastnreture, land use shall be
predicated on availability of man-made irfrasrructure and service systems required to
support respective land use activities. The On, shall continue enforcing their cancurreacy
Page 6
management program. pursuant to Ch. 163, F.S. to ensure that future development is
provided essential services and facilities at acceptable standards.
'Policy 1.2.2. 7. Design of Public Facilities and Utilities. Public facilities and utilities
shall be located and designed to maximize the efficiency of services provided and
minimize adverse effects an nalural systems and conservation lands.
*Policy 1-2.2.9: Accommodating Requisite Infrastructure. During the subdivision review,
site plan review, and permitting processes the City shall insure that respective future
developments allocate sufficient land area for infrasirvclum required to support the
proposed development.
'Policy 4-1.2.5: Conditions Governing Development Orden or Permits. Consistent with
Policy 4- 1.1.7. the LDC shall include performance criteria regulating the location, timing.
and scale of development in order to ensure that new development is effecdre y served by
wastewater services. The performance criteria shall utilise recognized best management
practices, discourage the proliferation of permanent package treatment plants and the
extensive use of septic ranks and wastewater drain fields on areas with characteristics or
conditions unsuited for their adaptation, and comply will, all applicable permuting
procedures.
Utilize concepts for managing land and water resources, including joint use stormwater
features, low impact development and other best management practices.
Policy 1-2.3.1: Lox•-fmpmx Development (LID). The City shall encourage LID principles
for development and redevelopment including those within newly annesed areas. The City
shall require new, developments to address future random loading and water conservation
through principles including but not limited to: • LID design practices and technologies
that address energy, water, and nutrient conservation.
Policy 1-2.3.1: Incorporate Innovative Techniques in the Land Development Code. The
Cuy's LDC shall continue to incorporate land and water resource best management
practices such as reduced impervious areas, increased buffers, LID, surface/storm welter
management Including water quality, soil erosion and sedimentation control, and
conservation of water
Future Planning
The development of the site will adhere to the Mixed Use FLUM designation
The planning of future development of the site will be completed under the policies and guidelines
of the Mixed Use FLUM designation, and regulations and approval procedures outlined in the city's
P.U.D. development review and approval process.
Policy 1-1. 3.6. Mixed Use (MU). "The purpose of the Mixed Use designation is to provide a mixture
of residential, office, commercial, recreadonal, limied industrial, and Instintional Sues and
encourage town centers along major arterial corridors "
The "Mixed Use' FLUM designation and PUD development approval process provides the city
with the tools and the regulatory authority to guide and direct the location, uses and intensities of
residential and non-residential uses, while providing additional regulations to ensure Land use
compatibility, buffering and open space provisions, prevention of urban sprawl, and protection and
management of natural resources. These policies and guidelines include:
Page 7
Policy 1-3. 1. 1: Urban Design and Community Appearance. Goodprinciples ofurban design shall
be applied through site plan review procedures in order to enhance general community appearance
as well as to preserve and enhance open space and landscape. This program shall assist in
prolecling major natural and man-made resources within the City
Policy 1-1.1.5: Greemvay, Plan. Consistent with the North Indian River County Greenways Master
Plan (2008). the City shall seek funding for and prepare and maintain a Greenways Plan for bicycle
and pedestrian access.
Policy 1-3.1. 1: Development Impacts. The City shall require applicants to demonstrate measures to
mitigate the adverse Impacts of the proposed development on historic or archaeological site or
structure
Policy 1-3.4.1: Healthy Communities. The City shall ensure equitably distributed and accessible
active transportation facilities (i.e. sidewalks, bike lanes) and recreational opportunities (i.e. parks.
greemsays) to support healthy lifestyles and physical amivhy
Policy 1-1. 1.9. Sidewalks and Multi -use Paths. The City shall conduct a sidewalk assessment and
walking study. Sidewalks or multi -use paths shall be mandatory on all new development and on all
new roadway construction.
Policy 4-1.4. 1: Protect Natural Drainage Features, The City shall protect natural drainage features
and ensure future development utilizes smam voter management systems consistent with criteria of
all appropriate local. state. and federal agencies
Policy 44. 4. 3: Ensure that Urban Lands Provide Adequate Drainage and Protection from Flooding
and Manage the Retention of Ground and Surface Water at Levels that Enhance Natural Storage
Capacity of Watersheds and Promote Aquifer Recharge
Policy 4-1.4. 7: Buffer Zone Requirements. The LDC shall include performance criteria which shall
require that new development provide buffer zones adjacent to natural drainageways and retention
areas
Policy 5-/.1./: Protection of Natural Resources. Wildlife, and Habitats. The City's land
development code (LDC) shall include: a. Performance criteria that protects the City's natural
resources, wildlife, and habitats of endangered or threatened species from the adverse impacts of
development by regulating the location, density, and intensity of those activities which cause the
adverse impact.
Po/icy 5-1. 1.6. Open Space Corridor System. Through the LDC and land development review
process. the Cav shall continue to identify opportunities to: a. Provide an interconnected open space
corridor system that links existing open spaces. green ways. public right ofums, and trails including
new open space corridors b. Provide connections from adjacent development to existing orplanned
open spare corridors a Connect parks and civic resources (t.e., Commumity Center) d. Provide how -
impact natural activities such as walking [mils, benches, picnic arerts. and cnnce/kayak launches e.
Connect the City and County 's open space corridors f. Require that open spore corridors minimize
the fragmentation of significant wildlife lasblaa. Corridor widths shall be defined based on the
natural range of targeted habitadspecies: however. are generally mnodered to be a minimum of
15feet in width
Page 8
While the Mixed Use FLUM defines maximum intensities and densities, the Comp Plan and LDC
also regulate and restrict future development to ensure development is low impact, including
provisions for appropriate ecological preservation, adequate buffering and open space, and
opportunities to designate residential and commercial needs of the city, as defined in the city's
comprehensive plan.
Site Intensitv and Densitv
The comp plan provides guidance on both the location and intensity of residential densities and
non-residential intensities.
1. Residential uses and intensities:
The site location and size provide the city the opportunity to create new residential use areas which
can help address the city's current and future housing needs. The proposed Mix Use FLUM
designation permits residential uses include single family, duplexes, and multi -family up to ten
(10) dwelling units per acre, and up to twelve (12) dwelling units per acre with the use of 1DRs
or incentives.
"According BEBR, the official population estimate of permanent residents in the City of Sebastian
as of April 1, 2020 is 15,658 residents. Sebastian's future population growth is projected to be
34,567 residents by the year 2040 with at, average growth rate of 8% The City 's projeetedgrowth
will continue to provide development and redevelopment opportunities for the City. " (1040 FLUM.
Land Use Element)
The City's Housing Element indicates that the city has a need for a more diverse housing market
and more affordable housing:
Goal 3-1: provision of Housing. Ensure the provision of a suffetent supply of decent safe, and
sanitary housing options, including affordable housing, that is responsive to the diverse housing
needs of the Citv's esisting and future population, while encouraging the preservation and
enhancement ofthe City 's edsOng housing stock and historic structures.
-Affordable housing is determined by comparing the cost ofhouring to household income. Florida
Shames defines affordable housing as monthly rents ormontly mortgage payments including taxes.
insurance, and utilities do nm exceed 30 percent of the median adjusted gross annual income for
households.
-Cost-burdened households pay more than 30 percent of income for rent or mortgage costs. 771e
data indicates that 1090 households within the City (38%) paid more than 30% of income for
housing.
According to Census data the highest percentage arresters in Sebastian are paying 35 percent or
more of their Income for housing. This makes affordability an issue for renters in the Chy"
According to the Florida Housing Data Clearinghouse, 4.310 households in Sebastian (4L1916)
wereheadedby a person age 65 or older. In Sebastian. 3.924 ofelderly households (91%))mvn their
homes, while 1,392 ddedy households (32.2%) pay more then 30 percent of Income for rent or
mortgage costs.
Page 9
The Mixed Use PLUM designation will permit a mix of Residential Uses, and the other Comp Plan
Policies (cited herein) require compact, sustainable, Inv impact design, which affords opportunities
to develop a variety of residential household types, and promotes the development of affordable
housing options.
The mix use FLUM. the "allowable residential uses include single family, duplares, and nndti-
family op to to (10) dwelling units per acre, and up to twelve (12) dwelling units per acre with the
use of TDRs or incentives. Incentives shall be outlined in the LDC and may Include but are not
limited to projects that incorporate regional stormwater pond(s), shared parking strnenves(s),
bike/pedwirian co wctmhh and quality of public open spare.
Policy 3-1. 1. 1: Adequate Homing. The City's Furore Land Use Map shall include olequare amounts
of lands to accommodate the projected housing growth through a variety of housing types and
housing values). The City shall continue to provide land use designations and zoning districts on
the Future Land Use and the Official Zoning Maps, respectively, to ensure that single family, duplex,
and mull -family housing units are allowed within the City to provide a diverse range of housing
options (ownership/rent) and meet a range ofincome options.
Policy 3-1.1.3: Housing Options. The City shall, through its Land Development Corte (LDC).
encourage the development/r ¢development ofhousing that will integrate housing options, including
homing type and ownership status (ownlrem). across all neighborhoods.
Policy 3-1.1. 7: Mired Use. The City shall promote mixed use developments that include provisions
for a wide variety of housing types and prices in cline proximity to nippers facilities.
Policy 3.1.2, 1: Affordable Homing. The City shall review methods for addressing the affordable
and "missing middle" housing shortage in the City. Tie City shall continue to provide technical
assistance, information, and homing data to the private sector to advance the development of fair
and affordable horsing.
Policy 9-1.4.2. Work to provide affordable housing opportunities in the City for the City's
workforce, as well as to provide choice in housing types and styles to appeal to diverse demographic
groups needed to drive economic development in Sebastian.
Policy 9.1.4. 4. Continue the development ofgreenways m extensions ofthe City's park system to
increme open space and recreational oppermnities throughout the Chy..
2. Non-residential uses and intensifies (Commercial and light Industrial Uses)
Policy 1-1.3.6: Mixed Use (MU). The maximum intensity is 0.6 FAR. and up to 1.0 FAR will,
incentives
In addition to other elements cited herein from the 2040 plan, the Economic Development Element
and Land Use element of the 2040 Comprehensive Plan provides the impetus to support this
annexation and furthegto designate commercial and light industrial development areas for this site.
The Comp Plan projections within it's Economic Analysis "suggest a need to add approrimalely
59 acres ofcommercial land and an additional 68 acres of indmtr/al land. However ... the City may
benefit from significantly more employment that could make work trips shorter. m well as bring
fiscal benefits Further, while much of the Cigs industrial capacity is at the Airport, that location
is not well -suited for all industries the City may wish to attract. and the lack of a quality industrial
park or similar facility has been cited as a barrier to increased competitiveness in attracting
targeted industries Thus, the City may need to allocate additional industrial hands, including
Page 10
potentially in areas that are annexed in the future, as part of ecoromic development efforts.
Similarly, additional commercial capacity may be necessary for the purpose of creating more
efficient land use patterns, with commercial uses nearby, and physically and fioaoionally integrated
with, residential uses in order to create areas suited for pedesomn and transit activity and dynamic
activity. "
Policy 9-1.3.1. The City shall periodically review The inventory of available industrial land and the
regulations governing them to ensure that appropriate sires will remain available for the industries
targeted in Policy 94. I.I.
The Inventory and Analysis evaluation concludes that annexing this property would provide
opportunities to improve the residents' quality of life. This site's size and location provides the best
opportunity the city may have to develop a sustainable industrial park and provide supporting
commercial opportunities, which has the potential for attraction of more sustainable industries.
Benefits cited in the Comp Plan include:
'Increase manufacturing employment opportunities -"in terms of manufacturing employment
—which is ofen prized in economic development bemuse it typically offers relatively high wages
but many times without advanced education.. '.
"Decrease employment dependent automobiletrips and triplength: "Thedata also suggest that
Sebastian residents are increasingly traveling further to work which goes against the trend in the
State of Florida. The data show that Sebastian has become more auto -dependent for work -related
trips. This is potentially relevant for a number of reasons. One is that if this is mused by a lack of
accessibility from Sebastian neighborhoods m jobs by means other that private automobile, it will
very droll for those unable to drive to support themselves economically. lI is also relevant as
Sebastian attempts to become a more "green "City and attract sustainable industries. A reversal of
this trend would signal progress In The effort to become more green, and would also be a selling
point when trying to attract sustainable industries about the City 's seriousness in solving to create
a more sustainable future.
Further support of annexation of this site and designation of commercial and light industrial areas,
the city's stated objectives and policies include:
Objective 9-1. L In cooperation with partner uganizations. strategically target industry clusters for
startup, relocation and expansion in the City, offer appropriate incentives and effectively market
the City as a location for those industries
Objective 9-1.3. Take steps to ensure that appropriate sites are available in the City for desired
mmmerelabinduarial development that supports the City's economic strategy. and to ensure that
b formalion about available sites and buildings is readily available to prospecrive users.
Polity 9-1.3. 1. Consider annexation of areas outside the City that could provide frmure areas for
commercial orindustrial development.
Policy 9-1.3.3. The needfor future lands for economic development shall be a primay factor in
planning for growth in areas surrounding the City that could be amrered in the future. In
particular, the CR-510 corridor south of the City should be considered for future industrial
growth, includine the Dossibilitvol'an Industrial Dark.
The Land Use Element policies also provide guidelines for the allocation of no -residential areas
along major arterials which will minimize the impact on residential quality, The site lies at a very
Page 11
advantageous location which supports urban development. The site is the benefactor of existing
and planned thoroughfare marls, existing water and sewer ulilities, and existing SRID drainage
facilities, which can support the future urban development of the site.
The site is strategically located where several existing and proposed thoroughfare plan roads will
provide a favorable grid network of streets, providing multiple means of access from all directions,
including improvements and for extensions of Cr510, 82°a Ave, 81 st St and 74 u' Ave. The road
network will ensure that traffic generated by the site development will not overburden one or two
thoroughfares, that residents and employ= of the site can conveniently access or depart the area
with little risk of delays or hindrances, and most importantly, both city and Indian River County
emergency services will have multiple alternative routes to serve the site.
In support of these statements, Comp Plan Policies include:
Policy l-1. 3.9: Pattern of✓on-Residential Land Use. In order to promote efficient flow of traffc
along major arterials cited In the Transportation & Mobility Element. achieve orderly development.
and minimize adverse impact on residential quality, non-residential development shall be
concentrated in strategically located (targeted) areas, These areas include those having location
characteristics which but accommodate specific land, site, public facilities and market location
requirements of their respective non-residential uses.
Policy 1-1.3.10: Allocaling Non-Raddenrial Land Use. The approval of non-residential uses shall
recognize that respective non-residential activi ies frequently have different sire, spatial, and market
area characteristics and generate significantly diferenr impacts.
Justificafion Statement - Conclusion
The applicant, Groves Brothers Company, has submitted a request to voluntarily annex 2044.3 18
acres of property (including right-of-way) into the City of Sebastian. The site is appropriately
located for consideration of annexation. The property lies within the city's designated annexation
reserve area, and is contiguous with the city's southern boundary, and it's east, west and north
boundaries are adjacent to various degrees of existing or proposed urban scale development. The
proposal also includes designating the applicant's 1913.593 acre property (net acreage, excluding
righto&way) with the city's newly created "Mixed Use' FLUM designation; and the city's
policies and regulations provide a furore path for development of the site with appropriate
residential densities and intensities through the implementation of the Planned Unit Development
(PUD)Overlay Designation and PUD development process. The annexation of this site has been
proven to be consistent with the city's newly adopted 2040 Comprehensive Plan, and the
applicant has provided evidence that the annexation will assist the city's goals, objectives and
policies that will improve the quality of life of its existing and future residents by providing
diverse housing opportunities, and new and advantageous social, economic and employment
opportunities. Consequently, the applicant requests that the City Planning and Zoning Board and
City Council approve the request in annex the site and designate the site "Mixed Use" on its
Future Land Use Map.
Page 12
Public Facilities Statement:
Generally, the site lies at a very advantageous location which supports urban development. The site
is the benefactor of existing and planned thoroughfare roads, existing water and sewer utilities, and
existing SRID drainage facilities, which can support the future urban development of the site.
The site is strategically located where several existing and proposed thoroughfare plan wads will
provide a favorable grid network of streets, providing multiple means of access from all directions.
The road network will ensure that traffic generated by the site development will not overburden
one or two thoroughfares, that residents and employees of the site can conveniently access or depart
the area with little risk of delays or hindrances, and most importantly, both city and Indian River
County emergency services will have multiple alternative routes to serve the site.
The site will have thoroughfare roads on its entire perimeter:
The FOOT is preparing for the extension of 82 r Ave which bisects the property and will complete
the extension from SR60 to CR510, and the FDOT is preparing plans to widen CR510 to 4 lanes
fwm US I to Cr512, which pass along and is adjacent to the site's north boundary. The initial
extension of 74" Ave along the sites east boundary from CR510, % of a mile south, and the
extension of 8In street few 66" Ave to 74" Ave will be completed as a condition of appmval by
the IRC approved Liberty Park PD TND. This project would ultimately complete the 74" Ave
extension along the southem 14 of its east boundary to 69" St. Once the 81" St extension is
completed, 69" St on the sites south boundary will connect 820 Ave m US 1 to the east
See Exhibit R —Location Map and 77wroughfamPlan Road Network
The site will have several thoroughfare roads extending into and creating
thoroughfare intersections internal to the site:
78",80" , 82" , and 84 a Ave(s) in the north / south direction, and 73 i . 77", and 81 ° streets in the
east west direction.
Exhibit C—Site 77wroughjare Plan Network and SRJD Canals
The site is located adjacent to the county Urban Services Area
The site is located adjacent to the county Urban Services Area on its north, east and west sides. The
official boundary in this vicinity is CRS 10 (north of and contiguous to the site along CR510), and
90a Ave (west and contiguous to the site / City of Fellsmere / Vero Lake Estates), and 66" Ave
(east of 66" Ave), While the east boundary of the site (74"Ave) is non officially contiguous to the
mapped urban services area, the county has already effectively moved the boundary from 66" Ave
to 74"Ave (and contiguous to the site) with the approval of the Liberty Park PD TND, a mixed use
development with over 900 units and 200,000 sf of commercial use. Consequently, the effective
county urban service line is at the sites North, West AND East boundaries. However, irrespective
of the COUNTY'S urban service line location, Article 6 "Operating, Maintenance and Expansion
of the Sebastian Utility System" of the "Inlerlocal Agreement Providing for the Transfer of the City
of Sebastian Water and Wastewater System" adopted Sept 20, 1995 between IRC and the City of
Sebastian provides that IRC has an affirmative duty to expand the system inside and outside of the
city, and to provide service by the county's water and wastewater systems concurrent with the
Page 13
demands of new growth or the expansion or extension of water or wastewater transmission,
distribution, or collection facilities by either the city or the county.
Currently, IRC has existing water distribution mains along the sites west boundary in Vero Lake
Estates, water and sewer transmission mains on CR5 10 on the sites north boundary and will have
utilities at the sites' east boundary concurrent with the development of Liberty Park PD TND.
Liberty Park PD TND will be connecting and extending utilities south and west from CR510 and
66a Ave, through 814 St, 70i° and 74a Ave, ultimately bringing utility services to the site's east
property line.
See Exhibit D- Utility Infrastructure
The site lies entirely within the Sebastian River Improvement district (SRM), a chapter 189 and
289 Improvement district which is responsible for the implementation, operation and maintenance
of a water control plan and stormwater drainage by gravity within the district boundaries.
Consequently, adequate facilities are in place to ensure the site has adequate and legal drainage
capabilities.
The site is bisected in the north south direction by both Laterals C and L canals, and adjacent to
lateral D on its west boundary. Lateral L canal runs along and through the natural slough and
headwaters of the South Prong of the SL Sebastian River. Several sub -laterals bisect the site in the
cast m west direction, draining a majority of the site cot and west to Lateral C. These include sub -
laterals C2E&W through C5E&W plus C6&7W.
Exhibit C- Site Thoroughfare Plan Nenvork and SKID Canals
Adequate traffic, utilities, drainage, and other facilities either exist or are planned in the vicinity of
the site. The Comprehensive Plan, infrastructure Element establishes standards for Cmreurrency
management and specifically, standards for Transportation, Fumble Water, Wastewater,
Drainage, and Recreation. Chapter IX of the City's Land Development Code, "Concurrency
Management", defines the level of smite standards for these facilities, and specifies that adequate
provisions for these services are necessary to support new development Upon submittal of any
new development proposals, the city's Comp Plan and its LDC require a complete evaluation of
existing infrastructure capacity and need for new facilities concurrent with development.
Page 14
List of Exhibits
Exhibit A: "Map 1-14: Annmation Reserve Area' COS 2040 Compmhcasive Plan".
Exhibit B - Location Map and Thoroughfare Plan Road Network
Exhibit C - Site Thoroughfare Plan Network and SRID Canals
Exhibit D - Utility Infrastructure
Exhibit E - Proposed City FLUM Amendment
Attachments
• Warranty Deed
• Title Policy/Certification
• Survey of Land
Page 15
3120230006158
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH K OF COURT
CLER INDIAN RIVER COUNTY
BK: 3599 PGFL
: 460 Pagel of 60 2/9/2023 2:43 PM
ORDINANCE NO.O-22-07
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND
CONSISTING OF 2044.3 ACRES, MORE OR LESS, LOCATED
SOUTH OF THE NORTH BOUNDARY OF COUNTY ROAD 510
ROW, WEST OF LANDS ADJACENT TO THE 74" AVE ROW,
NORTH OF 69TH STREET ROW, AND EAST OF 90"' AVE ROW;
PROVIDING FOR THE EXTENSION OF THE CORPORATE
LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR
INTERIM LAND USE AND ZONING CLASSIFICATION;
PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the owners of real property in unincorporated Indian River County,
contiguous to the existing corporate limits and boundaries of the City of Sebastian, and
being reasonably compact, petitions the governing body of the City of Sebastian to be
voluntarily annexed into the municipality; and
WHEREAS, the City Council of the City of Sebastian, Florida finds and
determines that the annexation of said parcel is in the best interest of the City;
WHEREAS, an Annexation Agreement has been negotiated between the two
parties, City of Sebastian and Graves Brothers Company, and presented for adoption
under Resolution R-22-34; and
WHEREAS, adoption of 0-22-07 shall be subject to approval of R-22-34 and
execution by all parties of the Annexation Agreement;
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 "Exhibit la and lb"
containing 2044.3 acres, more or less.
Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION.
The interim land use and zoning classifications for this property shall be consistent with
the provisions of state law.
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.
Section 4. NOTICE. That notice of this ordinance has been posted in
accordance with Section 171.044, Florida Statutes.
Section 5. SCRIVENER'S 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. Following its adoption and recordation,
including R-22-34 and the Annexation Agreement executed by all parties, this Ordinance
shall become effective.
2
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 Fred Jones
aye:..
Vice Mayor Christopher Nunn
aye
Councilmember Kelly Dixon
aye
Councilmember Ed Dodd
aye
Councilmember Bob McPartlan
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 8th day
2023.
of February , 30M.
ATTEST:
44n-ette Williams, MMC
erty Clerk
3
CITY OF SEBASTIAN, FLORIDA
By:
Fred Jones, Mayor
Approved as to form and legality for
reliance by, the CSehas�ian
only: /
M ny An r., City ir&y
RESOLUTION NO. R-22-34
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR AN ANNEXATION
AGREEMENT BETWEEN THE CITY OF SEBASTIAN, FLORIDA, A
FLORIDA MUNICIPAL CORPORATION AND THE GRAVES
BROTHERS COMPANY TO MEMORIALIZE THE PARTIES
UNDERSTANDING AND AGREEMENTS WITH RESPECT TO THE
ANNEXATION OF 2044 ACRES, MORE OR LESS, INTO THE CITY,
AND WITH RESPECT TO THE FUTURE DEVELOPMENT AND USE
OF THE PROPERTY. PROVIDING FOR CONFLICT; PROVIDING
FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; AND
AN EFFECTIVE DATE.
WHEREAS, the owners, Graves Brothers Company, of real property in unincorporated
Indian River County, contiguous to the existing corporate limits and boundaries of the City of
Sebastian, and being reasonably compact, petitions the governing body of the City of Sebastian
to be voluntarily annexed into the municipality; and
WHEREAS, the City of Sebastian City Council has found and determined that it is in the
City's best interest by annexing the 2044.3 acres, more or less, into its municipal boundaries and
by entering into this Annexation Agreement, attached hereto as Exhibit A. Each party affirms
that development of the property will be in accordance with the Future Land Use Map, City's
Comprehensive Plan and Land Development Code; and
WHEREAS, the Agreement allows for the property to develop with a mixed used plan,
providing for commercial, residential and affordable housing; and
WHEREAS, an Annexation Agreement has been negotiated between City of Sebastian
and Graves Brothers Company, and presented for adoption under this Resolution R-22-34.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS:
Section 1. The City Council of the City of Sebastian recognizes the need to annex
properties to ensure viability and managed growth in and around the City.
Section 2. The attached Annexation Agreement is in the best interest of the citizens of
Sebastian.
Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are
hereby repealed.
Section 4. RECORDING. This Resolution and Annexation Agreement shall be
recorded in the public records of Indian River County.
Section 5. SCRIVENER'S ERRORS. Sections of this resolution 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 further action
of the City Council by filing a corrected copy of same with the City Clerk.
Section 6. EFFECTIVE DATE. This resolution shall be become effective upon
adoption.
The forgoing Resolution was moved for adoption by Council Member
Nunn . The motion was seconded by Council Member McPartlan and
upon being put to a vote, the vote was as follows:
Mayor Fred Jones aye
Vice Mayor Chris Nunn aye
Council Member Kelly Dixon aye
Council Member Ed Dodd aye
Council Member Bob McPartlan aye
The Mayor thereupon declared this Resolution duly passed and adopted this 8th day of
February 2023.
ATTEST:
WE. �m/L
4annette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
By.
Mayor Fred Jones
Approved as to Form and Content for .
Reliance by the City of S tiara t]n y
J
J
Ma Anori . City Attor
THIS INSTRUMENT RETURNS TO -
Jeanette Williams, MMC, City Clerk
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
THIS INSTRUMENT PREPARED BY:
Paul R. Gougelman, III, Esq.
Weiss Serota Helfman Cole & Bierman, P. L.
200 East Broward Blvd. - 19th Floor
Ft. Lauderdale, FL 33301
Property Appraiser's Identification #
31-38-36-000001-0000000-7.0
31-38-36-000001-000000-10.0
31-38-36-000007-0000000-1.0
31-38-36-000007-0000000-2.0
31-38-36-000003-0000000-1.0
31-38-36-000003-0000000-2.0
31-38-36-000003-0000000-3.0
31-38-36-000003-0000000-4.0
31-38-36-000005-0000000-1.0
31-38-36-000005-0000000-2.0
31-38-36-000005-0000000-3.0
31-38-36-000007-0000000-3.0
31-38-36-000007-0000000-4.0
32-38-01-000001-0000000-1.0
32-38-01-000001-0000000-3.0
32-38-01-000003-0000000-4.0
32-38-01-000005-0000000-3.0
32-38-01-000005-0000000-4.0
32-38-01-000007-0000000-1.0
32-38-01-000007-0000000-3.0
32-38-01-000001-0000000-2.0
32-38-01-000005-0000000-2.0
31-38-36-000001-0000000-7.0
31-38-36-000001-000000-10.0
31-38-36-000003-0000000-2.0
31-38-36-000003-0000000-3.0
31-38-36-000003-0000000-4.0
Manny Anon, Jr., City Attorney
City of Sebastian
1225 Main Street
Sebastian, FL 32958
31-38-35-000003-0000000-2.0
31-38-35-000001-0000000-1.0
31-38-35-000001-0000000-2.0
31-38-36-000005-0000000-2.0
32-38-02-000003-0000000-1.0
32-38-02-000005-0000000-5.0
31-38-35-000005-0000000-3.0
31-38-35-000007-0000000-3.0
31-38-35-000007-0000000-3.1
32-38-02-000001-0000000-1.0
32-38-02-000001-0000000-2.0
32-38-02-000007-0000000-2.0
32-38-02-000007-0000000-3.0
31-38-35-000003-0000000-1.0
31-38-35-000005-0000000-1.0
31-38-35-000007-0000000-1.0
31-38-35-000007-0000000-4.0
31-38-35-000007-0000000-2.0
32-38-01-000003-0000000-1.0
32-38-01-000007-0000000-1.0
32-38-01-000005-0000000-1.0
32-38-01-000007-0000000-2.0
32-38-01-000003-0000000-2.0
32-38-01-000003-0000000-3.0
31-38-36-000007-0000000-3.0
31-38-36-000007-0000000-2.0
31-38-36-000005-0000000-1.0
Sebastian/Annexation 18.Agt Final CLEAN 02/08/2023
ANNEXATION AGREEMENT
FOR
GRAVES BROTHERS COMPANY
THIS AGREEMENT is made and entered into this day 8 of February , 2023, by
Graves Brothers Company, a Florida Corporation, whose address is 2770 Indian River Blvd., Suite 201, Vero
Beach, FL 32960-4230; and the City of Sebastian, a Florida Municipal Corporation (hereinafter: the "City"),
whose address is 1225 Main Street, Sebastian, Florida 32958.
RECITALS:
WHEREAS, the City of Sebastian, a Florida Municipal Corporation, is specifically authorized pursuant
to Section 171.044, Florida Statutes (2022), to annex land upon the petition of the property owner; and
WHEREAS, Graves Brothers Company, a Florida Corporation, has petitioned the City for voluntary
annexation of the Real Property; and
WHEREAS, Graves Brothers Company, a Florida Corporation, hereby affirms that the Real Property
meets all requirements for annexation pursuant to the aforesaid Section 171.044, Florida Statutes (2022) and
as otherwise set forth in Florida law and the City's Codes and Ordinances, for the voluntary annexation of real
property; and
WHEREAS, Graves Brothers Company, a Florida Corporation, and the City desire to set forth certain
understandings with regard to the proposed use of the Real Property upon annexation, and based thereon, the
parties hereto desire to enter into this Annexation Agreement; and
WHEREAS, the City further enters into this Agreement pursuant to its Charter and home rule powers
pursuant to Article VilI, Section 2, Florida Constitution of 1968 and Section 166.021, Florida Statutes; and
WHEREAS, Graves Brothers Company, a Florida Corporation, legally incorporated by the Secretary of
State, State of Florida, which corporate charter and standing with the State of Florida is current active, and in
good standing, as a Florida for -profit corporation; and
WHEREAS, Graves Brothers Company, a Florida Corporation, is authorized by Chapter 607, Florida
Statutes, and its charter, articles of incorporation, and by-laws to execute this Agreement; and
WHEREAS, Graves Brothers Company, a Florida Corporation, by execution of this Agreement hereby
affirms, warrants to, and affirms the City that it has taken all requisite corporate action to approve the execution
of this Agreement; and
WHEREAS, at the time of execution of this un-amended, base document Agreement, Graves Brothers
Company, a Florida Corporation, was and is the legal Owner of certain Real Property (the "Real Property")
located in Indian River County, Florida, which Real Property is the subject matter of this Agreement; and
WHEREAS, Graves Brothers Company, a Florida Corporation, hereby affirms, warrants to, and
assures the City that it has legal marketable title in fee simple to the Real Property has lawful authority to
petition for the voluntary annexation of the property set forth herein and desires to annex the Real Property into
the municipal boundaries of the City; and
WHEREAS, said Real Property constitutes 2,044.3 +/- annexed acres of property within the Southwest
area of the City of Sebastian which is reasonably compact and contiguous to the municipal boundary of the
City, and will not result in the creation of enclaves; and
Sebastian/Annexation 18.Agt Final CLEAN 02/08/2023
2
WHEREAS, the parties desire to enter into this Agreement relating to the annexation of the Real
Property in order to achieve the Development of the Real Property permitted under Article II I of this Agreement
and all in the promotion of the public health, safety, welfare, economic order, and aesthetics of the City; and
WHEREAS, this Agreement has been found to be consistent with the City's Comprehensive Plan and
amendments pending adoption thereto; and
WHEREAS, on February 08, 2023, the City Council of the City of Sebastian adopted Ordinance No. 0-
22-07 approving this Agreement and directing the City Manager to execute this Agreement as provided in
Section 3.04(g) of the Charter of the City of Sebastian; and
WHEREAS, it is the intent of the parties hereto to Develop the Real Property based on the terms of this
Agreement; and
WHEREAS, all parties hereto have, without duress, voluntarily entered into this Agreement.
NOW, THEREFORE, in consideration of TEN and 00/100 Dollars ($10.00) and certain other valuable
considerations, each to the other paid in hand, the sufficiency and receipt all of which be and the same is
hereby acknowledged, the parties desiring to be legally bound hereby agree as follows:
ARTICLE I
RECITALS: DEFINITIONS
Section 1.1. Recitals: Properties Subiect to Agreement. The Real Property shall be held,
transferred, sold, conveyed, occupied, annexed, and Developed subject to this Agreement. Each and all of the
foregoing recitals (the "WHEREAS" clauses above) are hereby declared to be true and correct and are
incorporated herein.
Section 1.2. Definitions. In this Agreement, unless the context otherwise indicates, the terms set
forth below are defined as follows:
(a) "Affordable Housing" as defined by the Federal Department of Housing and Urban
Development (HUD) and Chapter 420, Florida Statutes, means that monthly rents or monthly mortgage
payments including taxes, insurance, and Utilities do not exceed 30 percent of the amount which represents
the percentage of the median adjusted gross annual income for the households.
(b) "Agreement" means and refers to this Annexation Agreement and as the same may be
amended from time to time.
(c) "City" means and refers to the City of Sebastian, a Florida Municipal Corporation.
(d) "Commercial Use" means the portions of the Real Property intended to be Developed
with professional Office or retail Commercial Development as provided in the Land Development Code. There
may be one or more Commercial Parcels which are predominantly connected with the sale, rental and
distribution of products, or performance of services.
(e) "Compatibility" or "Compatible" is defined as the characteristics of different uses or
activities or design which allow them to be located near or adjacent to each other. Some elements affecting
compatibility include the following: height; scale; mass and bulk of structures; pedestrian or vehicular traffic,
circulation, access and parking impacts; landscaping; lighting; noise; odor; and architectural style.
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3
Compatibility does not mean "the same as." Rather, it refers to the sensitivity of Development proposals in
maintaining the character of existing Development.
(f) "Concurrency" is the legal requirement that specified Public Facilities (recreation and
Open Space, potable water, reuse water, sanitary sewer or Wastewater, solid waste, Stormwater Management
System, and transportation) be provided for, by an entity to an adopted Level of Service.
(g) "Conservation" refers to environmentally sensitive areas that reserves and restricts
Development on those lands in order to protect the environmentally sensitive lands.
(h) "Consistent with the Comprehensive Plan" means a condition in which Land Uses or
conditions can co -exist in relative proximity to each other in a stable fashion over time such that no use or
condition is unduly negatively impacted directly or indirectly by another use or condition. A Development shall
be consistent with the comprehensive plan if the Land Uses, densities or intensities, and other aspects of
Development permitted by such order or regulation are Compatible with and substantially further the policies,
Land Uses, densities or intensities, capacity or size, timing, and other aspects of the Development in the
comprehensive plan, and if it meets all other criteria enumerated by the City, including the Land Development
Codes in effect at the time of issuance of a Final Development Order. See §§163.3164 and 163.3194, Fla.
Stat.
Florida
land.
(i) "County" means and refers to Indian River County, a political subdivision of the State of
Q) "Density" is used as a measurement of the number of Dwelling Units per gross acre of
(k) "Developer" is one who actually Develops, or has the right to Develop, any portion of the
Real Property regardless of size. A Developer may also be an Owner of all or a portion of the Real Property.
(1) "Development" or to "Develop" means and is defined as set forth in Sections 163.3164
and 380.04, Florida Statutes, as amended, or superseded, from time to time, which is set forth below. The
construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; the
making of any material change in the use or appearance of any structure or land, or the dividing of land into
three or more parcels; any mining, excavation, landfill or land disturbance; and any nonagricultural use or
extension of the use of land, are all activities included within the terms "Development' or to "Develop." The
term "Development or to "Develop" includes redevelopment. The term "Development' or to "Develop" shall
include construction within any public Right of Way that is dedicated, conveyed, or proposed to be conveyed or
dedicated to the public or to a governmental entity. "Development' shall be the planned or actual act of placing
Development on the land, consistent with City Code and Florida Statutes.
(m) "Development Order" means any order granting, denying, or granting with conditions an
application for a Development Permit. See §163.3164, Fla. Stat.
(n) "Development Permit' includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, conditional use, variance, or any other official action of local
government having the effect of permitting the Development of land. See §163.3164, Fla. Stat.
(o) "Dwelling Unit' is a room or group of rooms forming a single independent habitable unit
used for or intended to be used for living, sleeping, sanitation, cooking and eating purposes by one (1) family
only; for owner occupancy or for rental, lease or other occupancy and containing independent kitchen, sanitary
and sleeping facilities. A Dwelling Unit per gross acre is also a measure of Density.
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4
(p) "Final Development Order" means the issuance of a Development Order for a Site Plan
or in the case of a Residential Use for Single -Family Dwellings, a Development Order for a final Plat. In certain
cases as specifically stated in this Agreement, a Final Development Order may mean a building permit to
commence construction of a structure or building.
(q) "Floor Area Ratio" or "FAR" is a measurement of non-residential Development which
represents the gross floor area of all buildings, structures, or similar as compared to the total area of the
property on which it is located. The Floor Area Ratio is a fraction, the numerator of which is the gross floor
area of all floors in structures and the denominator of which is the square footage of the property. The ratio is
measured in square feet to the area of a Real Property, excluding any bonus or transferred floor area.
(r) "Green Infrastructure" refers to ecological systems, both natural and engineered, that act
as living infrastructure. Green Infrastructure elements are planned and managed primarily for Stormwater
control, but also exhibit social, economic and environmental benefits.
(s) "Impact Fee" means a fee levied by the City, or other governmental entity, on new
Development so that the new Development pays its proportionate share of the cost of new or expanded Public
Facilities required to service that Development.
(t) "Industrial Land Use" or Industrial Use" means the portions of the Real Property intended
to be Developed with activities predominantly connected with manufacturing, assembly, processing, or storage
of products, which are defined herein as an Industrial Use. There may be one or more Industrial parcels.
(u) "Heavy Industrial Land Use" or "Heavy Industrial Use" refers to an Industrial property
subtype in which the property is occupied by_ one or more tenants and the property is utilized for heavy
industrial purposes, i.e. heavy manufacturing, petroleum products, cement, recycling center, and other uses, all
of which Heavy Industrial uses must be consistent with and as provided by Section 54-2-5.6A of the Land
Development Code of the City of Sebastian, as amended, or superseded, from time to time.
(v) "Infrastructure" means and refers to those man-made structures which serve the common
needs of the population, such as: roadways, Wastewater or sewage, Stormwater, Wastewater treatment or
disposal systems; potable or reuse water systems; potable water wells serving a system; solid waste disposal
sites or retention areas; Stormwater systems and outfall; Utilities; bridges; and, roadways.
(w) "Institutional Land Use" means the portions of the Real Property intended to be
Developed with facilities providing a government or public service, recreation, certain Infrastructure
Developments, or Conservation, which are defined herein as an Institutional Use. There may be one or more
Institutional Parcels.
(x) "Land Development Code" means ordinances or resolutions enacted by the City Council
for the regulation of any aspect of Development and includes any local government zoning, rezoning,
subdivision, building construction, landscaping, or sign regulations or any other regulations controlling the
Development of land, or as amended from time to time. See Land Development Code and §163.3164, Florida
Statutes.
(y) "Land Use" means the Development that has occurred on the Real Property, the
Development that is proposed by a Developer on the land, or the use that is permitted or permissible on the
land under the then currently effective comprehensive plan or element or portion thereof, or the Land
Development Code, as the context may indicate.
(z) "Level of Service" means and refers to an indicator of the extent or degree of service
provided by or proposed to be provided by a facility based on and related to the operational characteristics of
the facility. Level of Service shall indicate the capacity per unit of demand for each Public Facility.
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02/08/2023
4�
(aa) "Lot" means and refers to a parcel of land of at least sufficient size to meet minimum
zoning and Land Development Code requirements, in existence at the time of Platting or Development, for
use, coverage and area, and to provide such yards and other Open Spaces.
(bb) "Low Impact Design" means systems and practices that use or mimic natural
processes through incremental treatment of Stormwater runoff that result in the infiltration,
evapotranspiration or storage of Stormwater in order to protect water quality and associated aquatic habitat.
(cc) "Master Planning" or "Master Planned" means creation of illustrative plan depicting the
Real Property and locating Development area, spine roads, and assigning intensity and/or density to the
Development area.
(dd) "Manufactured Housing" means a Mobile Home fabricated on or after June 15, 1976, in
an offsite manufacturing facility for installation or assembly at the building site, with each section bearing a seal
certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standard
Act.
(ee) "Mixed -Use Development" means and refers to a type of Development that combines a
mix of uses that shall include a mixture of residential, office, commercial, recreational, limited industrial and/or
institutional uses within one building or multiple buildings with direct pedestrian access between uses. Also, a
Mixed -Use Development may encourage town centers along major arterial transportation corridors.
(ff) "Mobile Home" means a residential structure, transportable in one or more sections, which is
8 body feet or more in width, over 35 body feet in length with the hitch, built on an integral chassis, designed to
be used as a dwelling when connected to required Utilities, and not originally sold as a recreational vehicle,
and includes the plumbing, heating, air-conditioning, and electrical systems contained therein.
(gg) "Multi -Family Dwelling Units" means three or more attached dwelling units either stacked
vertically above one another and/or attached by side or rear walls.
(hh) "Open Space(s)" means and refers to lands suitable for passive recreation,
Conservation, Stormwater uses (inclusive of lakes and canals) as further defined in this Agreement and in the
City's Land Development Code and Comprehensive Plan Site Specific Policy 1-1.7.1.
(ii) "Owner" means and refers to Graves Brothers Company, a Florida Corporation,
organized under the laws of the State of Florida, the record owner of the fee simple title to the Real Property,
less and excepting all ROW, and to its or their successors, heirs and assigns or the Developer.
(jj) "Planned Unit Development" or "(PUD)" is a form of Development recognized from time
to time within the City's Land Development Code as a specific implementing zoning district and which creates
a Planned Development. Development that is designed as a unit, and which shall include only one or a
mixture of Land Uses, and which generally avoids a gridiron pattern of streets, and usually provides common
Open Space, recreation areas or other amenities. Requirements include submission and review of Site Plans
as part of the zoning or rezoning to a PUD zoning district.
(kk) "Planned Development" is land that is under unified control and planned and Developed
as a whole in a single development operation or a definitely programmed series of Development operations. A
Planned Development includes principal and accessory structures and uses substantially related to the
character and purposes of the Planned Development. A Planned Development is constructed according to
comprehensive and detailed plans which include not only streets, Utilities, Lots or building sites and the like,
but also Site Plans and floor plans for all buildings as intended to be located, constructed, used and related to
each other, and detailed plans for other uses and improvements on the land as related to the buildings.
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A
(II) "Parcels" means any contiguous quantity of land capable of being described such that
its location and boundaries may be established, that is designated by its owner(s) or developer(s) as land to be
used or developed as a unit, or that has been used or developed as a unit.
(mm) "Plat" shall be defined as a map or delineated representation of the subdivision of land or
lands, being a complete exact representation of the subdivision and other information in compliance with the
requirement of all applicable sections of Chapter 177, Florida Statutes, as amended from time to time, and City
subdivision regulations, in effect at the time of platting or replatting of a particular Development. The term
"plat" shall include a replat. See §177.031, Fla. Stat.
(nn) "Public Facilities" or "Public Facility" means publicly owned Infrastructure including,
rights -of -way, roadway or transportation systems or facilities, sewer or Wastewater systems or facilities, solid
waste systems or facilities, Stormwater facilities, drainage systems or facilities, potable or reuse water systems
or facilities, educational systems or facilities, parks and recreation systems or facilities and public health
systems.
(oo) "Real Property" means and refers to all such existing real property as described in
Exhibits 1A & 1B, attached hereto and by this reference incorporated herein. To the extent that the written
metes and bounds legal description and the pictorial sketch conflict, the sketch shall supersede the written
metes and bounds legal description in interpreting the description of the Real Property.
(pp) "Residential Land Use" or "Residential" means the portions of the Real Property
intended to be Developed with a residential use, for use as Single Family Dwelling Units or Multi -family
Dwelling Units, which are defined herein as a residential use. There may be one or more Residential parcels.
(qq) "Recreation Facility" means a component of a recreation site used by the public such as
a trail, court, park, athletic field, swimming pool, or for the pursuit of leisure time activities occurring in an indoor
or outdoor setting.
(rr) "Right of Way" means and refers to land in which the state, a county, a municipality or a
special or improvement district, holds the fee simple title or has an easement, or dedicated rights of use,
required for a public use.
(ss) "Single Family Dwelling Unit" means a structure containing a residential single family
Dwelling Unit occupying the building from ground to roof.
(tt) "Site Plan" means an illustrated proposal for the Development or use of a particular piece
of the Real Property. The illustration consists of a map or sketch of how the Real Property will appear if the
Development proposal is accepted by the City. The requirements for the contents of a Site Plan are as set
forth in City's Land Development Code, as amended from time to time. The Site Plan regulations applicable
to Development of a specific parcel of the Real Property shall be those in effect at the time of approval of the
Site Plan by the City.
(uu) "Stormwater" means and refers to the flow of water which results from and which occurs
immediately after a rainfall event.
(vv) "Stormwater Management System" means and refers to a feature or facility which
collects, conveys, channels, holds, inhibits or diverts the movement of Stormwater shall be inclusive of Best
Management Practices (BMP).
(ww) "Utility" includes but is not limited to gas, water, re -use water, sewer, telephone, power,
Stormwater drainage, and cable television.
Sebastian/Annexation 18.Agt Final CLEAN 02/08/2023
VA
(xx) "Wastewater" means the spent water of the community comprising the liquid and water -
carried wastes from residential uses, commercial uses, industrial uses, and institutional uses, together with
minor quantities of ground and surface waters that are not admitted intentionally.
ARTICLE II
ANNEXATION
Section 2.1. Petition to Annex.
(a) The Owner has voluntarily submitted to the City a formal and revised Petition or request for
Annexation of the Real Property. This Agreement memorializes the existing Petition to Annex by the Owner and
constitutes a Petition to Annex the Real Property. The Owner warrants that the Petition has been executed by all
of the existing fee simple title owners of record of the portion(s) of the Real Property to be annexed and has been
filed with the City in compliance with any and all applicable requirements of law, including, but not limited to,
Chapter 171, Florida Statutes.
(b) This sub -section of the Agreement represents and includes findings by the Owner and the
City that:
(1) A substantial portion of the boundary of the Real Property is substantially
contiguous to the City's corporate boundary. "Contiguous" is defined as set forth in Section 171.031, Florida
Statutes;
(2) The Owner, for itself and the Developer of each subdivision or Parcel of the Real
Property, at its sole expense, intends to provide adequate Public Facilities for the Real Property; and
(3) The Real Property is ideally suited for annexation into the City due to its proximity to
the City and adjacent transportation corridors and Public Facilities; and
(4) The annexation will yield substantial benefits to the Owner, the City, and to the Real
Property in the form of planned Mixed -Use Development, an increased tax base to the City, Conservation of
natural habitats, Open Space, and increased employment opportunities.
(c) The Annexation petition to annex a portion of the Real Property may be withdrawn by
the Owner of that portion of the Real Property at any time prior to final approval of the annexation ordinance
pertaining to that portion of the Real Property. If the petition is withdrawn, this Agreement is hereby terminated
as to that portion of the Real Property, and the parties hereto shall not be bound by this Agreement with regard
to its application to that portion of the Real Property. However, no application fees or other type of fee or
charge paid to the City or any other governmental entity, or obligated to be paid to the City or other
governmental entity shall be refunded, and the City shall be released form any liability for the release of the
obligation or refund of the fee or charge by the Owner. This provision shall survive the termination of this
Agreement.
Section 2.2. Consideration of Petition. The City shall have the full and complete right to deny
annexation, defer annexation, or approve annexation of the Property or any portion thereof. By execution hereof,
the Owner understands and agrees that the City makes no representation as to the suitability or legal
appropriateness of the Real Property for annexation or that the City will annex the Property at any time or based
upon any specific conditions, except as otherwise set forth herein.
Section 2.3. Cooperation. The Owner agrees to cooperate in the process of annexing the Real
Property, based on any time schedule, as may be required by the City in its sole and absolute discretion, subject
to the provisions of this Agreement. Annexation of any part or portion of the Property shall not relieve the Owner
Sebastian/Annexation 18.Agt Final CLEAN
02/08/2023
0
of its obligation to cooperate with the City in, and to keep alive the Petition for. Annexation of all the Real Property,
or portions of the Real Property.
Section 2.4. Litigation. Should any "party affected," or as defined in Chapter 171, Florida Statues (or any
successor statute), file a legal action with a court of competent jurisdiction contesting the annexation of the Real
Property or this Agreement, the Owner, at the request of the City, agrees to participate in defense of the
annexation and this Agreement. Further, with regard to any attorneys' or paralegals' fees or court costs, or
adverse judgment, incurred by the City directly relating to its defense of any lawsuit with the City, if any, relating to
contest of the annexation hereunder or this Agreement, the Owner agrees to indemnify and save harmless the
City for the payment of any claims or damages, as well as any court costs, adverse judgment and attorney's and
paralegal's fees, incurred in defending said action or as a direct or indirect result of said action. As used herein,
the term "defense" shall include any counter -claims, appeals, or cross -appeals. As used herein, reference to
attorney's fees or paralegal's fee shall apply to both trial and any appeal and to any negotiation of settlement of
claims relating to this Agreement or any annexation. The Owner will have to make any payment to the City within
ten (10) days of receiving any invoices from the City pertaining to any claims or damages, as well as any court
costs, adverse judgment and attorneys or paralegal's fees, or court costs, as stated above. The City, at it sole
cost and expense, will have the authority pursuant to this Agreement to retain the legal counsel of its choice.
ARTICLE III
DEVELOPMENT OF THE PROPERTY
Section 3.1. Development Plan.
(a) Future Development Planning.
(1) As of the Effective Date of the original, un-amended Annexation Agreement, there is
no graphic or written version of a Development Plan for the Real Property. The Owner/Developer agrees that
this Agreement does not authorize approval of any specific Development Order, subdivision or Site Plan
proposal. However, the Owner and any Developer of any portion of the Real Property, agrees that minimum
standards in this Agreement shall guide and bind the Development of the Real Property.
(2) The Owner and the City agree that due to the size of the Real Property and its
location, that Development of the Real Property shall be Master Planned through a Mixed Use PUD zoning on
a minimum of 400 acre Parcels as part of the Planned Unit Development (PUD). Development of the Real
Property shall consist of a well -planned, sustainable and integrated system of Land Use; consistent with Future
Land Use Map (FLUM) and City Ordinance 0-22-13, [see Section (b)(2) a. through m., infra] containing a mix
of Residential and non-residential uses.
(b) Comprehensive Plan Land Use Designation.
The City has taken action to designate the Real Property on the Future Land Use Map
(FLUM) of the City's Comprehensive Plan as Mixed Use as provided in Policy 1-1.3.6 of the Future Land Use
Element.
(1) Mixed Use (MU) Development. The Real Property shall be Developed
Consistent with the Comprehensive Plan Future Land Use Classification in effect and according to Florida
Statutes at the time of Development as determined by the City, and in no event will the Real Property
Development exceed the maximum Density and Intensity of Use in this Agreement, and will satisfy all other
requirements of this Agreement. The purpose of the Mixed Use designation is to provide a mixture of
Residential, Commercial, recreational, Industrial, Heavy Industrial, and Institutional uses and promote town
centers along major arterial corridors.
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The Development of the Real Property shall be Master Planned as a PUD on a minimum of 400 acre Parcels.
Within the real property, a range of Mixed Uses consisting of 60%-80% Residential Land Use categories shall
be balanced with a mixture of non-residential Land Use categories with a range of 20% - 40%. During the PUD
process, the acreage within the PUD shall be a mix of uses including Residential, Institutional, Commercial and
Industrial. The Residential Land Use on the Real Property shall include a target mix of 40% Medium Density,
40% Low Density and 20% Very Low Density for the purposes of calculating permissible density. Densities
may be transferred within each PUD parcel, or outside to other PUDs within the Real Property, provided the
Residential Land Use range is not exceeded on the Real Property. There shall be a minimum 50% Open
Space requirement for the Residential property. Non-residential Land Uses may include up to 25% Multifamily
Residential Uses. Notwithstanding any other provision in this Agreement, the Density permitted on the Real
Property shall be the allowable Density per the limiting factors as further defined in this Agreement and in the
City's Land Development Code and Comprehensive Plan Site Specific Policy 1-1.7.1.
Notwithstanding any other provision in this Agreement, the maximum Density for Residential uses is 10,794
units (an average of 5.28 du/ac of the Real Property).
Notwithstanding any other provision in this Agreement, the maximum Intensity on Commercial Use shall be 0.6
FAR, and the maximum Intensity on Industrial Use shall be 0.5 FAR. There shall be a minimum 30% Open
Space requirement for the Industrial and Commercial Uses.
(2) Comprehensive Plan Reouirements. The City has approved Ordinance 0-22-13
as part of the Comprehensive Plan which includes the following principals of Mixed -Use Development for the
Real Property. These principles shall further guide and bind Development of the Real Property under the
Comprehensive Plan Site Specific Policy 1-1.7.1, as amended from time to time. The Owner agrees to and
consents to the site specific policy as set forth below which is the policy adopted by the City Council in effect at
the time of consummation of this Agreement in its original, un-amended form, which is set forth below.
a. Rezoning of the property shall be done through a Planned Unit Development process as described in
Article XX of the City's Land Development Code, as amended, or superseded, from time to time.
b. Housing types shall be mixed to meet various income levels and lifestyle choices; a mix of Single
Family Dwelling Units and Multi -Family Dwelling Units (the "Dwelling Units") consisting of a variety of housing
choices in order to achieve the mix of housing required for affordability and accessibility within a mixed use
development. The housing mix targets 40% Medium Density up to 10 units/acre; 40% Low Density up to 5
units/acre; and 20% Very Low Density up to 3 units/acre, including at least 5 percent (5%) and up to 10
percent (10%) of the Dwelling Units on the Real Property as being Affordable Housing.
c. Provision for future dedication of Right of Way, at the time of Development, to the extent required for
the Development and upon mutual consent of the Owner, shall be transferred to the appropriate entity to
promote an interconnected, extended and improved grid road system, along with a well -planned transportation
system of roads and streets throughout the Real Property, in coordination with the County, to specifically
include 84th Avenue, 81st Street, 77th Street, and 731 Street, as well as 741h Avenue.
d. Provision shall be made on the Real Property for a mixed -use "Town Center" area including an active
street frontage or context sensitive street design, compatibility of central theme or design character, and a
comprehensive transportation network that promotes walkability thru compact Development and proximity of
structures, reduces auto dependence, and connects to state and local transportation corridors.
e. To the extent required for and at the time of the Development, future dedication and donation of
Institutional parcels may be required as necessary for governmental services such as post offices, public
safety, schools, etc. and Public Facilities that may be needed for increases in necessary services, as identified
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by concurrency analysis in accordance with the City of Sebastian Land Development Codes and Ordinances at
the time of development.
f. Strategic assembly of commerce and industrial development consistent with the City's Comprehensive
Plan Mixed Use Land Use.
g_ To the extent required for and at the time of the Development, future dedication or conveyance of
Conservation lands to appropriate entity to include any natural areas of significant importance, and the
provision of greenway trails to promote a system of connectivity and access consistent with the City's
Comprehensive Plan and Land Development Codes.
h. To the extent required for and at the time of the Development, dedication of City Park and recreational
lands above what will be required in the individual residential subdivision developments. Allocation of parks
and recreational lands consistent with the City's Comprehensive Plan and Land Development Codes
specifically: a minimum of 2 acres per 1000 residents of publicly accessible recreation lands, and a minimum
of 2 acres per 1000 residents of other recreational lands. Publicly accessible lands shall be designated at the
time of PUD zoning and may be conveyed to the City. The dedicated lands, shall count towards the required
aggregate open space required for the Real Property;
i. Increased buffers adjacent to low density areas outside of the PUD area shall be in accordance with
existing City Land Development Codes.
L As a condition of future Development of the Real Property, the Owner shall provide sufficient land area
for Public Facility Infrastructure required to support the Development and mandate hook-up to central potable
water and wastewater systems for all new Developments on the Real Property prior to receiving final
Development Orders. Therefore, the proposed development of any portion of the Real Property must provide
sewer/wastewater, reclaim water systems and Stormwater Management Systems, and water service as a
condition of Development. These services may be provided by the County however no septic systems would
be allowed in accordance with City policy and land development codes.
k. The property shall be Master Planned on a minimum of no less than increments or units of 400 acre
Parcels as part of an overall Planned Development project using the PUD zoning district and process, and
shall promote Green infrastructure through a comprehensive plan of connected Stormwater, greenways, and
Open Space that provides for wildlife habitat, Stormwater Management System and recreational opportunities
including Low Impact Design and Best Management Practices.
1_ The Real Property shall consist of a mix of uses consisting of 20-40 percent non-residential gross
acreage to 60-80 percent residential gross acreage, with fact that Open Space requirements must be satisfied.
m. The Real Property Development shall have a minimum aggregate total of 50% Open Space for
Residential Land Uses and 30% Open Space for non-residential land uses in accordance with Sec. 54-2-
5.10(c) City Land Development Code, including but not limited to each of the following uses which shall qualify
to meet the Open Space requirement: conservation and preservation land; greenways and trails; all parks
whether passive or recreational; all common Open Space; Stormwater uses (inclusive of lakes and canals),
wetland preservation, preservation of habitat for Protected Species which is left undeveloped, and any
pervious portions of the Real Property conveyed to the County or City for a Wastewater treatment plant,
schools, fire station or police station.
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(c) Any residuary amount of the Real Property remaining after the PUD Development
Permitting of all phases of the Real Property, the Owner/Developer agrees that those residuary properties shall
be submitted for Development and specific Land Development consistent with the adjoining property.
(d) Consistencv with Comprehensive Plan. The Parties agree that as required by Florida
law all Development constructed on the Real Property must be Consistent with the Comprehensive Plan, as it
exists at the time of issuance of a Final Development Order for the particular Development that is the subject of
the Final Development Order. See §163.3194, Fla. Stat.
(e) Mobile Homes and Manufactured Housina.
(1) Notwithstanding other provisions in this Agreement, Mobile Homes with or
without essentially flat roofs may be located on any Parcel of the Real Property for not more than 780
consecutive days in any four non -calendar year period solely for purposes of use as a building construction
office facility. Otherwise, Mobile Homes and Manufactured Housing shall not be Developed on the Real
Property.
(2) In the event that the foregoing sub -section (e)(1) is deemed unenforceable or
otherwise stricken by a court of competent jurisdiction or other governmental authority, Mobile Homes and
Manufactured Housing may only be permitted by such that Mobile Home or Manufactured Housing roofs that
are visible from any public or private Right -of -Way shall be of hip, gambrel, mansard, or gable styles. Roof
height, bulk, and mass must appear structural even when the design is nonstructural. The following
requirements shall apply: (1) All Single -Family Dwelling Units and Duplex buildings shall have a pitched
roof covering a minimum of 65 percent of the overall floor area under the roof; (2) Pitched roofs shall have a
minimum slope of 5:12 (five inches vertical rise for every 12 inches horizontal run) and shall have an
overhang beyond the building wall; however, the overhang shall not encroach into an easement; (3) Flat
roofed areas including, but not limited to, porches or screen rooms are permissible in the remaining 35
percent of floor area under roof; and (4) Flat roofs shall be located at the rear of the building out of view from
the public right-of-way.
(3) In the event of a hurricane or other major weather disaster in which the City
determines that single-family or multi -family Residential housing on the Real Property or in the City is
destroyed or substantially not habitable, the City may unilaterally authorize the temporary placement of
Mobile Home or Manufactured Housing on the Real Property for a period not to exceed 1,095 consecutive
days. Thereafter, the Mobile Home or Manufactured Housing on the Real Property must be immediately and
promptly removed at other than City expense.
Section 3.2. Commercial Development.
(a) Uses. A variety of non -Residential Land Use designations shall be maintained to assure
availability of sites that accommodate the varied site and spatial requirements for such activities as:
professional and business Offices, Commercial activities, employment generating businesses and general
retail sales and services. In doing so, the City shall promote the image and function of the urban core which is
the City's center for commerce as well as civic and cultural enrichment. Office Development may serve as a
transitional use separating more intensive Commercial uses from Residential Development in order to create a
tiered Development strategy.
(b) Height: Intensitv. The Owner/Developer`agrees that a maximum height for all structures
shall be thirty-five (35) feet, as calculated pursuant to the Land Development Code in effect at the time of the
issuance of a Final Development Order; subject always to the provisions of the Land Development Code in
effect at the time of the issuance of a Final Development Order.
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The Commercial Land Use category consists of Neighborhood, Limited and General uses in progressive
degrees of higher intensity:
(1) Neighborhood level Commercial activities are defined in the City's Land
Development Code from time to time as including retail and office activities that service Residential
neighborhoods.
(2) Limited Commercial Land Use designation is to consist of sites intended to
accommodate neighborhood level commercial activities. The maximum intensity is 0.6 FAR. Limited
Commercial activities and personal services shall include establishments catering to the following markets:
a. Neighborhood Residential markets within the immediate vicinity as
opposed to county -wide or regional markets; or
b. Specialized markets with customized market demands.
(3) General Commercial Land Use designation is to accommodate general retail
sales and services; highway oriented sales and services; and other general Commercial activities defined in
the Land Development Code. General Commercial designations are located in highly accessible areas,
adjacent to major arterials.
(c) Platting: Subdivision. Prior to commencement of construction, the Owner/Developer
agrees that Lots within any Commercial Parcel shall be Platted or Subdivided by and at the sole cost and
expense of the Owner/Developer subject to the Land Development Code in effect at the time of the issuance of
a Final Development Order.
Section 3.3 Residential Development.
(a) Uses. The residential Land Use category consists of "Very Low Density Residential," "Low
Density Residential," "Medium Density Residential," or "Mixed Use" residential uses in progressive degrees
with higher Density in areas adjacent to the urban core and less Density in the perimeter of the City.
Residential Development shall be planned and designed to create and perpetuate stable Residential
neighborhoods and implement the policies stipulated in the City Comprehensive Land Use Plan. Accessory
uses include customary accessory uses of a residential nature, clearly incidental and subordinate to the
principal use, including guest houses or Adult Dwelling Units (ADU's), garages, in keeping with the residential
character of the area, all as permitted or prohibited pursuant to and consistent with the City's Land
Development Code in effect at the time of issuance of a Final Development Order for a building permit.
(b) Density: Residential Development Standards. The Owner/Developer agrees that
Development on the Residential property shall meet the following standards:
(1) Areas designated as "Very Low Density" shall accommodate up to three (3)
dwelling units per gross acre and shall be comprised of primarily single-family detached homes on individual
lots;
(2) Areas designated as "Low Density" shall accommodate a maximum Density of up
to five (5) dwelling units per gross acre and shall be comprised primarily of single family detached homes on
individual lots and attached residential homes;
(3) Areas designated as "Medium Density" shall accommodate a mixture of single-
family (detached and attached) residential housing, multi- family residential housing, and Compatible civic uses
and Open Space(s) at a maximum density of ten (10) Dwelling Units per gross acre. The Density of uses within
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this designation should be sensitive to adjacent neighborhoods to ensure appropriate transitions, buffers, and
Compatibility.
(4) Density on Residential property may be clustered or transferred from Residential
property to Residential property or Commercial property; provided, that the requirements of this Agreement are
not otherwise exceeded, all in an effort to provide Open Space or higher Density Development in certain areas
of the Real Property.
(c) Affordable Housing. The Owner/Developer is encouraged to coordinate with non-profit
legal entities to further expand opportunities for Affordable Housing.
(d) Platting: Subdivision. Prior to commencement of construction, any Subdivision of the
Residential property shall be platted by and at the sole cost of the Owner/Developer pursuant to the City's
Land Development Codes in effect at the time of Subdivision.
Section 3.4. Industrial Land use Development.
(a) Uses. The purpose of the Industrial Land Use designation is to provide strategically located
sites for Industrial needs and requisite support services. The City's Industrial Land Use may be further
designated as Industrial (IND), or Heavy Industrial (HI), in order to support future economic Development and
job growth. The locations for IND and HI should be located with convenient access to major transportation
routes. New industrial locations shall ensure protection of environmentally sensitive lands, protected natural
resources, and Protected Species.
(1) Industrial (IND) - Land Use designation provides for limited manufacturing and
industrial uses which minimize the potential for any adverse impacts upon nearby properties which include:
Utilities; light manufacturing, assembling and distribution activities; warehousing, storage and wholesaling
activities; general commercial activities; aviation related industry, services and facilities; support services such
as night watchmen or custodian residential accessory uses; and other similar land uses which shall be
regulated through appropriate zoning procedures.
(2) Heavy Industrial (HI) - Land Uses are subject to additional protective measures
through appropriate zoning procedures. The City will establish separate HI district location criteria and
performance criteria that provide a greater separation from impacts to surrounding Land Uses. Uses permitted
in the HI district allow a broader range of uses that may have a greater impact on adjacent properties including:
sites which require large surface area, bulk storage facilities, logistic centers/ terminals; distribution centers;
warehousing, manufacturing and processing; green technologies and wholesale recycling operations; and
support services such as night watchmen or custodian residential accessory uses.
(b) Height: Intensity. The maximum height for all structures shall be thirty-five (35) feet, as
calculated pursuant to the Land Development Code in effect at the time of the issuance of a Final Development
Order. Subject always to the provisions of the Land Development Codes in effect at the time of the issuance of
a Final Development Order and notwithstanding any other provision in this Agreement, the maximum Intensity
of Industrial Use shall not exceed a 0.5 Floor Area Ratio.
(c) Location Standards.
(1) Industrial sites shall generally be allocated in areas accessible to arterial roads,
rail corridors, or near airport facilities and should be located in more sparsely Developed areas. New Industrial
Land Use areas shall also be located near an existing Compatible Land Use, separated from Residential
Tracts and Institutional Tracts. Where new Industrial Land Use Parcels are adjacent to environmentally
sensitive lands, protected natural resources, or Protect Species, appropriate buffers and other techniques shall
be used to ensure protection of such lands and resources from industrial Development.
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(2) The allocation of land resources for industrial Development shall be responsive
to the location and space requirements of Industrial Land Use activities and potential fiscal and environmental
impacts on the City. The location and distribution of Industrial Land Use shall be determined based on the
following considerations:
i. Trip generation characteristics and impact on existing and planned
transportation systems, including dependency on rail, air, or trucking for distribution of material and goods;
ii. Anticipated employment generation, floor area requirements, and market
area;
iii. Ability to meet established performance standards for preventing or
minimizing nuisance impacts, such as emission of air pollutants, glare, noise or odor, or generation of
hazardous by-products;
iv. Impact on established as well as anticipated future Development and natural
systems; and
V. Impact on existing and planned public services, Utilities, water resources, and
energy resources.
(3) The City shall prevent nuisance impacts frequently associated with industrial
activities by maintaining performance standards in the Land Development Code for managing emission of
noise, air pollutants, odor, vibration, fire or explosive hazard, and glare.
(4) In addition to the performance standards identified above, the City shall establish
performance standards in the Land Development Code as it pertains to both Industrial and Heavy Industrial
districts which at a minimum address, but are not limited to, the following:
i. Allowable uses;
ii. Land Use Compatibility, buffering and landscaping;
iii. Access points, traffic controls, and parking;
iv. Signage;
V. Gross floor area, impervious surface ratios;
vi. Open space;
vii. Character of an area;
viii. Locational factors;
ix. Environmental impacts; and
X. Secondary containment and open air storage facilities.
(d) Platting; Subdivision. Prior to commencement of construction, Lots within any Industrial
Tract shall be Platted or Subdivided by and at the sole cost and expense of the Owner/Developer subject to
the Land Development Code, in effect at the time of the issuance of a Final Development Order
Section 3.5. Institutional Land Use Development.
(a) Uses. The Institutional Land Use designation is intended to accommodate existing
public and semi-public services including: governmental administration buildings; public schools, not -for -profit
educational institutions and charter schools; hospital facilities and supportive health care units; arts and cultural
or civic facilities; essential public services and facilities; cemeteries; fire and emergency operation facilities;
public and private parks and recreation areas; and Utilities.
(b) Height: Intensitv. The maximum height for all structures shall be thirty-five (35) feet, as
calculated pursuant to the Land Development Code, in effect at the time of the issuance of a Final
Development Order. Subject always to the provisions of the Land Development Code, in effect at the time of
the issuance of a Final Development Order and notwithstanding any other provision in this Agreement, the
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maximum Intensity of this designation is floor area ratio of 0.6. The location, scale, timing, and design of
necessary public and semi- public services and Utilities shall be closely coordinated with Development
activities in order to promote more effective and efficient delivery of requisite services and Utilities. The City
shall maintain and enforce appropriate standards and specifications for the design and construction of public
and semi-public services in order to promote cost effectiveness and quality control consistent with all
applicable federal, state, regional, and local standards.
(c) Platting' Subdivision. Prior to commencement of construction, Lots, or Parcels of the
Real Property within any Institutional portion of the Real Property shall be Platted or Subdivided by and at the
sole cost and expense of the Owner/Developer subject to the Land Development Code in effect at the time of
the issuance of a Final Development Order.
Section 3.6. Reservations or Dedications of Land for Public Purposes.
(a) Reservation or Dedications. Except as otherwise set forth below, reservations or
dedications of portions of the Real Property shall comply with the Subdivision regulations set forth in the City's
or County's Land Development Code, as applicable, effective at the time of Site Plan approval for a given
portion of the Real Property Development. All dedications or conveyances of road Right of Way, Stormwater
Management Systems, water and sewer lines and lift stations, and other Infrastructure, to the City, County, or
other governmental entity, shall, at the time of dedication or conveyance, be free and clear of all mortgages,
liens, and encumbrances and shall only be required by and at the time of Development.
(b) Roadways- Public Rights of Wav
(1) To the extent required for the Development and at the time of Development, the
Real Property Development area will include connections to County Road 510, 82"d Avenue, and 69t" Street
right of way and roadways shall be Developed as permitted and consistent with Chapter 14-97, Florida
Administrative Code.
(2) To the extent required for the Development, the aforementioned connections to
County Road 510, 82nd Avenue, 69th Street,_ and the existing City and area road network, will all be made at
time of Development and at the sole cost and expense of the Owner/Developer, and at no cost to the County,
the City, or any other governmental entity. The City may require that traffic islands for signage, safety, or
aesthetics within these public access Rights of Way which shall be dedicated or conveyed to the City, or other
appropriate governmental entity.
(3) The City acknowledges its intention, in good faith, to:
i. Coordinate the pro-rata funding of interchange, bridge crossings, or roadways
with the Developers or owners of adjacent land, when such land is benefited by those improvements; and
ii. Implement, when possible and agreeable with other land Developers or
owners a "cost recovery" program for Utilities under the County's or the City's operation and control.
(c) Nothing in this Agreement shall prevent the Owner, its heirs, successors, and assigns from
receiving impact fee credits or other compensation for any conveyance of land or for any provision of public
infrastructure to the City, County, or other local government entity to the extent such conveyance of land or
provision of public infrastructure exceeds the impacts created by the Development of the Real Property, and
provided the City, County, or other governmental entity assesses impact fees for such infrastructure now or in
the future.
(d) Transmission. Distribution Svstem. To the extent required by the Development and at the time
of Development, the Owner/Developer of each portion of the Real Property will at the time of Development be
responsible at its sole cost and expense for the installation of, connection to, or disconnection from,
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pressurized Wastewater treatment, gravity Wastewater, pressurized potable water, and pressurized County
reuse pipes, tees, bends, valves, joints, laterals, pumps, and other appurtenances (hereinafter: "Facilities")
and for the transmission of sewage, potable water, reuse water, or Stormwater. Said Facilities shall be
capable of operation and maintenance for a term of years as required at the time of installation by the County.
Said Facilities shall be conveyed to the County or the City, as directed by the City, on a schedule to be
Developed by the City in consultation with the County.
(e) Over -sizing of Utility Public Facilities. The City or the County shall have the right to require, and
the Owner/Developer accepts the responsibility of providing at its expense, oversized Utility Public Facilities,
including but not limited to potable water, Wastewater Treatment, Stormwater Management System, and water
reuse, all to serve additional properties on -site or off -site of the Real Property; provided that a mutually
agreeable cost recovery system can be put in place to reimburse the Owner/Developer for the over -sizing of
the Utility Public Facilities.
ARTICLE IV
ENFORCED DELAY, DEFAULT, REMEDIES AND TERMINATION
Section 4.1. Enforcement as Permitted by Statute. This Agreement is enforceable by any party to
this Agreement. Parties to this Agreement, and their successors, heirs, assigns and any Developer shall
enforce this Agreement as provided in Section 4.3.
Section 4.2. Institution of Legal Action. In addition to any other rights or remedies, any party hereto,
or their successors and assigns, may institute legal action to cure, correct or remedy any default, to enforce
any covenants or agreements herein, or to enjoin any threatened or attempted violation thereof; to recover
damages for any default; or to obtain any remedies consistent with the purpose of this Agreement. This
Agreement and each provision hereof section shall not be interpreted as a pledge of ad valorem tax or other
revenues. Parties to this Agreement, and their successors, heirs, and assigns, shall enforce this Agreement as
provided in Section 4.3.
Section 4.3. Enforcement by anv Partv to this Agreement.
(a) Notice of Default: Right to Cure. In the event of default by any Party to this Agreement,
or said Party's heirs, successors and assigns, with regard to this Agreement or of any of its terms or
conditions, the Party alleging such default or breach shall give the breaching Party not less than sixty (60)
days' Notice of Default in writing in the manner provided for giving notice as set forth in Section 6.5. The time
of notice shall be measured from the date of certified mailing. The Notice -of Default shall specify the nature of
the alleged default, and, where appropriate, the manner and period of time in which said default may be
satisfactorily cured. During any period for curing the default, the party charged shall not be considered in
default for the purposes of termination or institution of legal proceedings. If the default is cured, then no default
shall exist, and the noticing party shall take no further action.
(b) Or)tion to Institute Legal Proceedings. After proper notice and the expiration of said
period to cure default, the noticing party to this Agreement, at its option, may institute a legal proceeding, if the
default has not been cured.
(c) Waiver. Failure or delay in giving Notice of Default or seeking enforcement of this
Agreement shall not constitute a waiver of any default. Except as otherwise expressly provided in this
Agreement, any failure or delay by another party in asserting any of its rights or remedies as to any default
shall not operate as a waiver of any default or of any such rights or remedies or deprive such party of its right
to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce
any such rights or remedies.
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(d) Violation. In the event of violation of this Agreement by the Owner, the Developer, or
any of their heirs, successors or assigns, the City shall have the right to refuse to issue further building permits,
Final Development Orders, or certificates of occupancy or certificates of completion, all as the case may be,
limited as to that phase of Development, or Plat of that phase of the Development where the violation is
applicable, all until such time and event as all such violation(s) are corrected and that phase of Development of
the Real Property is brought into compliance with this Agreement, applicable law, ordinances, resolutions, and
the Land Development Code. The City shall be required to notice the violator with a notice of the nature of the
violation and afford a reasonable period to cure the violation(s) before withholding building permits, Final
Development Orders, or certificates of occupancy or certificates of completion relating to the phase of
Development and not to the violation itself. The City is authorized by this Agreement to use any form of code
enforcement to assure conformance with this Agreement.
ARTICLE V
ENCUMBRANCES AND RELEASES ON REAL PROPERTY
Section 5.1. Discretion to Encumber. The parties hereto agree that this Agreement shall not prevent
or limit the Owner or a Developer in any manner at said individual's sole discretion, from encumbering the Real
Property or any portion of any improvement thereon by any mortgage or other security device securing
financing with respect to the same; provided, that said mortgage or other security device shall be released or
satisfied as to said property prior to or simultaneous with its conveyance or dedication to the City or an
incorporated property owner's, homeowner's or condominium association. The City acknowledges that the
lenders' providing such financing may require certain modifications, and the City agrees, upon request, from
time to time, to meet with the Owner or a Developer and/or representatives of such lenders to negotiate in
good faith any such request for modification; provided, that this Agreement shall not require the City's
acquiescence to any action or resolution of a dispute or claim. Any mortgages or beneficiaries of a security
instrument shall be entitled to the rights and privileges set forth in this article.
Section 5.2. Entitlement to Written Notice of Default. The holder of a mortgage or other security
interest, and their successors and assigns, encumbering the Real Property, or any part thereof, which
individual, successor or assign, has requested in writing to the City, shall be entitled to receive written
notification from the City of any default by Owner or a Developer in the performance of said individual's
obligations under this Agreement which obligations are not cured within thirty (30) days; provided, that the
failure to give said notice shall not waive any default of, or action to enforce, this Agreement by the City.
Section 5.3. Property Subiect to Pro Rata Claims. Any mortgagee or holder of a security interest
who comes into possession of the Real Property, or any part thereof, pursuant to foreclosure of mortgages or
other security interest or deed in lieu of such foreclosure, shall take or foreclose upon the Real Property, or any
part thereof, subject to this Agreement and to any pro rata claims for payments or charges by the City against
the Real Property, or any part thereof, secured by such mortgage or other security device which accrued prior
to the time such mortgage or holder of a security interest comes into possession of the Real Property or part
thereof.
Section 5.4. Release. The City hereby covenants and agrees that upon payment of all fees required
under this Agreement with respect to the Real Property, or any portion thereof, and performance of obligations
relating thereto (including completion of performance of continuing obligations), by the Owner upon request by
the Owner, the City shall consider execution and delivery to Clerk of the Court of any appropriate release(s) of
further obligations as to a particular and affected portion of the Real Property in form and substance
acceptable to the Clerk of the Court, or as may otherwise be necessary to effect such release; provided, that
the foregoing provision shall not require the City to release any provision of this Agreement from use, density,
Intensity, type of Development, or other requirements of this Agreement. This section shall not be terminated
upon the termination or release of this Agreement with regard to any portion of the Real Property.
Sebastian/Annexation 18.Agt Final CLEAN
ARTICLE VI
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MISCELLANEOUS PROVISIONS
Section 6.1. Drafters of Agreement. The Owner, for itself, or their heirs, successors, and any
Developers, and the City, each were represented by or afforded the opportunity for representation by legal
counsel and participated in the drafting of this Agreement and in the choice of wording hereof. Consequently,
no provision hereof should be more strongly construed against any arty as drafter of this Agreement. Should
any action be brought in any court of competent jurisdiction by any of the Parties to this Agreement, including
the Owner or a Developer, or its of their respective successors, assigns, or heirs, each Party shall bear its own
attorney's and paralegal's fees and costs in connection with such litigation or an appeal any such litigation
decision.
Section 6.2. Covenants Running With the Land. It is the intention of the Owner of the Real Property
and the City, that this Agreement shall constitute covenants running with the land and with title to the Real
Property, or as equitable servitudes upon the land, as the case may be. The burdens of this Agreement shall
bind and the benefits of this Agreement shall inure to, the Parties hereto and all successors in interest to the
Parties to this Agreement. Such covenants shall expire upon termination of this Agreement.
Section 6.3. Convevance. The Owner shall give to the City written notice at least sixty (60) days
prior to the sale, assignment or transfer of the Real Property or any portion of the Real Property consisting of at
least two (2) acres or more. Dedication, assignment, sale, or conveyancing of a portion of the Real Property
to the City shall constitute the sale, assignment or transfer of a portion of the Real Property.
Section 6.4. Indemnification. The Owner and its successors in interest in ownership of any
portion of the Real Property ("Subsequent Owners"), shall indemnify, defend and hold harmless the City,
and its officers and employees, from all claims, demands, liabilities, damages, losses, and costs, including, but
not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Owner or Subsequent Owners in the performance of this Agreement. However, such
indemnification shall not include claims of or damages resulting from, negligence or gross negligence, or willful,
wanton or intentional misconduct of the City or its officers, directors, agents or employees, acting in their
official capacity. Such indemnification shall not be required to the extent or percentage of negligence of the
City or its officers, directors, agents or employees, acting in their official capacity. Upon request of the City, the
Owner or Subsequent Owners, shall, at no cost or expense to the City, indemnify and hold the City harmless of
any suit asserting a claim for any loss, damage or liability specified above, and the Owner or Subsequent
Owners, shall pay any cost and reasonable attorneys' fees that may be incurred by the City in connection with
any such claim or suit or in enforcing the indemnity granted above. Notwithstanding the foregoing or any other
provisions of this Agreement, Graves Brothers Company's indemnification of the City and holding the City
harmless shall apply only to the extent of Graves Brothers Company's ownership interest in the Real Property
at the time a claim arises or accrues against the City; shall terminate as to Graves Brothers Company's, for
any portion of the Real Property not owned by Graves Brothers Company's when the claim arises or accrues;
and shall terminate at the time a particular person or legal entity no longer owns any portion of the Real
Property. Nothing in this Agreement shall be construed as the City waiving its sovereign immunity pursuant to
768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. This section shall survive
the termination of this agreement.
Section 6.6. Notices. All notices, demands and correspondence required or provided for under this
Agreement shall be in writing and delivered in person or dispatched by certified U.S. mail, postage prepaid,
return receipt requested or by a nationally recognized overnight courier (e.g. — Federal Express, United States
Postal Service, United Parcel Service, etc.). Notice required to be given shall be addressed as follows:
CITY: City Manager
City of Sebastian
1225 Main Street
Sebastian/Annexation 18.Agt Final CLEAN
02/08/2023
19
With a copy to:
Sebastian. Florida 32958
City Attorney
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
OWNER: Jeff Bass, President
Graves Brothers Company
2770 Indian River Blvd. — Suite 201
Vero Beach, FL 32960-4230
Notice is presumed to have been given on the date hand delivered, 24 hours after deposit with a recognized
overnight courier, or five (5) days after deposited in the U.S. mail. A party may unilaterally change its address
or addressee by giving notice in writing to the other party as provided in this section. Thereafter, notices,
demands and other pertinent correspondence shall be addressed and transmitted to the new address and/or
addressee.
Section 6.6. AoMicability of Ordinances and Resolutions of Citv to Agreement.
(a) The ordinances, resolutions, and Land Development Code of the City, governing the
Development of the Real Property shall continue to govern the Development of the Real Property, except as
otherwise provided herein. At the termination of this Agreement or termination of this Agreement as to a
portion of the Real Property, all then existing City Land Development Code shall become applicable to the
Development of the Real Property. Except as otherwise specifically set forth herein, no fee (including the
existence or lack thereof), fee structure, amount computation method or fee amount, including any Impact
Fees, then in existence or hereafter imposed, shall be vested by virtue of this Agreement.
(b) In the event that state or federal laws are enacted after the approval, effectiveness, or
execution of this Agreement which are applicable to and preclude the parties' compliance with the terms of this
Agreement, such Agreement may be modified or revoked as is necessary to comply with the relevant state or
federal laws. The City shall cooperate with the Owner in the securing of any permits which may be required as
a result of such modifications.
Section 6.7. Rules of Construction. The singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory, and "may" is permissive. If there is more than one signer of this Agreement
their obligations are joint and several. The time limits set forth in this Agreement may be extended by mutual
consent of the parties in accordance with the procedures for adoption of an agreement. If for any reason a
specific provision herein conflicts with a City Land Development Code, in effect at the time of issuance of a
Final Development Order applicable to a portion of the Real Property, the specific provision herein shall
prevail. Use of the term "Owner" or "Developer" means and refers to the Owner and/or the Developer, their
successors, heirs, assigns, of any portion of or all of the Real Property.
Section 6.8. Severability. The parties hereto agree that the provisions of this Agreement are
severable. If any provision of this Agreement is held invalid or unconstitutional for any reason, the remainder
of this Agreement shall be effective and shall remain in full force and effect, unless amended or modified by
mutual consent of the parties.
Section 6.9. Entire Agreement. Waivers. and Amendments.
Sebastian/Annexation 18.Agt Final CLEAN
02/08/2023
20
(a) This Agreement constitutes the entire understanding and agreement of the parties. This
Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all
negotiation or previous agreements between the parties with respect to all or any part of the subject matter
hereof. All waivers or releases of the provisions of this Agreement must be in writing and signed by the
appropriate authorities of the party waiving or releasing the provisions hereof or performance hereunder.
(b) All amendments hereto must be in writing signed by the appropriate authorities in a form
suitable for recording in the Public Records of Indian River County.
(c) The Owner hereby agrees to pay for any costs of recordation or filing of this Agreement,
or any amendment hereto, in the Public Records of Indian River County, Florida, or with the State of Florida,
Department of Economic Opportunity. The recorded original of this Agreement or any amendment hereto,
shall be returned to the City for filing in its records to be kept with the City Clerk.
Section 6.10. Interpretation, Venue.
(a) With regard to any lawsuit against the City, the County, the Owner, or the Developer of
any portion of the Real Property, this Agreement is subject to the home venue provision. The exclusive
jurisdiction and venue for litigation surrounding this Agreement or its validity shall be properly located in the
19th judicial circuit of the State of Florida in and for Indian River County or the U.S. District Court, Southern
District of Florida, in and for Indian River County, all as said jurisdiction boundaries may be amended from time
to time.
(b) This section shall survive the termination of all or part of this Agreement.
Section 6.11. Termination of Previous Annexation Agreement; Previous Understandinas.
(a) The Annexation Agreement between the Owner and the City recorded on August 29,
2019, in Official Records Book 3234, Page 1731, Public Records of Indian River County, Florida, be and the
same is hereby terminated.
(b) All previous understandings, whether oral or in writing prior to the Effective Date of this
Agreement and not included in this Agreement, be and the same are hereby declared to be of no effect.
Section 6.12. Effective Date; Duration of Agreement.
(a) The Effective Date shall be the date upon which this Agreement has approved and
executed by the Owner of the Real Property and the City and recorded in the Public Records of Indian River
County, Florida. The Effective Date of any amendment to this Agreement shall be the date upon which said
amendment to this Agreement has approved and executed by the Owner of the portion of the Real Property
subject to the amendment and by the City and recorded in the Public Records of Indian River County, Florida.
(b) Unless earlier terminated as otherwise provided in this Agreement, this Agreement shall
terminate on September 30, 2043.
*************************************NOTHING FURTHER******************************************
IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first
above written.
Signed, sealed and delivered
In the presence of: OWNER:
Sebastian/Annexation 18.Agt Final CLEAN
02/08/2023
21
Sign:
Print Na ee:,i1 £dw•anl
Aura s1H.'rL. C"3rtm�
Sign:
Print Name:!dv' Ak k ciFuak4es
Address: l000 T lur r.
* Jos Farr tio+-<<, Ft, ti94-1
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
GRAVES BROTHERS COMPANY,
a Florida Corporation
By:
Jeff E. Bass, its President
Address: 2770 Indian River Blvd. —
Suite 201, Vero Beach, FL 32960-4230
(CORPORATE SEAL)
SS:
The foregoing instrument was acknowledged before me by means of _ physical presence or online
notarization, this day of f6wow" , 2023, by Jeff E. Bass, as President of Graves Brothers Company, a
Florida Corporation, on behalf of the corporation. He is personally known to me or has produced
as identification. �~
-imo�
r tc,s-
N4otallota Public
L*OF"�
APRIL A. tDMONDS State of Florida at LargeMY COMMISSION # 00975633 ao04
EXPIRFS:April5,2024 My Commission Expires: ,
Print Name: Ap i t A. Ecke non6S
CITY:
Sign mot - CITY OF SEBASTIAN, a Florida
Print Name: Fred Jones
Municipal Corporation
Address: 1225 Main street
Sebastian/Annexation 18.Agt Final CLEAN 02/08/2023
22
Sebastian, FL 32958
i�
Sign_ -
Print Name Mai v Anon,
Address: 1225 in S
Sebastian, FL 32958
ATTEST:
YIY- Wxw-v"
i nette Williams, MMC
i Clerk
STATE OF FLORIDA
) SS:
COUNTY OF INDIAN RIVER )
.-7
By +�C--
aul Carlisle, its Cify Manager
Address: 1225 Main Street
Sebastian, FL 32958
(CITY SEAL)
The foregoing instrument was acknowledged before me by means of _ physical presence, or _ online
notarization, this _ day of FeaieuAgYTT, 2023, by Paul E. Carlisle, as City Manager of the City of
Sebastian, Florida, a Florida municipal corporation, on behalf of the corporation. He is personally known to me
or has produced as identification.
IM'Bo \�� gyp• --'
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Sebastian/Annexation 18.Agt Final CLEAN
NotaryVonda
State at Large
My Commission Expires: (a/It/ 2oaq
Print Name: Do" M• sccuzer*
02/08/2023
23
EXH BIT 1a
DESCRIPTION OF GRAVES BROTHERS COMPANY PROPOSED LAND
ANNEXATION
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INDIAN RIVER COUNTY, FLORIDA
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2"0 NDIAN RIMER 11= MIS 21sI STREET. VERO BEACH, FL 32M
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REFERENCE.
PLAN ITTIED ISCUMP1RY SURVEY SECTIM 1. TDIM W 12SOWK P AME 30 EAST
a PART OF SEWIM N. TO RM W 31 EOIRR RA14GE 7I EAST. IROIAN RIVER
COUNTY. FLORW PROTECT NUNIWR W202, OMWIMO HIILIDk11 2WSSC DATED
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SKETCH S DESCRIPTION
SECTION 1, 70NISHP 332 SOUiH, RANGE 38 EABT
3 PART OF SEC rIDN 36, T01ARi P 31 SOUTH. RANGE X UIST
SAiDIAN RIMER COUNTY. RANDA
PROPOSED PROPERTirANNEXATION
SHEEP'
1 of 2
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SKETCH OF GRAVES BROTHERS COMPANY PROPOSED LAND ANNEXATION
SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST AND PART OF SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST,
INDIAN RIVER COUNTY, FLORIDA
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BROTHERS COMPANY, DATED DUNE MHO AND UPDATED JUNE 2022, DRAWING NUMBER 77SW{, PROJECT NUMBER 184"
rsN� : r. ro ° SHEET
GRAVES BROTHERS COMPANY 'P,I �',";"` C�: WFE.R .MSS(7(.'IXI'1S, INC. �w e r.1.Q SKETCH S DESCRIPTION
A FLORIDACORPORAMON rrwa¢rcx raooeseartlaemwmai Sean AM BY FK46L SECTION i. TOWNSHIP 32 SOUTH, RANGE 3B EAST 0
CONSULTING ENGINEERS AND LAND SURVEYORS
jiRi ru y 2770 6VDIAN RIVER BLVD. ascrsorvxowmmraemrerfw. RL t ri � & PART OF SECTIONNAN RNERCOUIP 31 SOUTH,
RANGE 30 FAST
�an61(t�trfno>:rltev rx VEROBEACH. FLORIDA 32860 , 1705 21at STREET, VERO BEACH. FL 32980
TEL: pT2) 502-4121 PAX. (rpm 582.7t/0 W a . Or,Ar4r60"
a. 'K#,ytsn.lf
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EXHIBIT 1b
DESCRIPTION OF GRAVES BROTHERS COMPANY PROPOSED LAND
ANNEXATION
PART OF SECTION 35, TOWNSHIP 31 SOUTH, RANGE 38 EAST AND PART OF SECTION 2, TOWNSHIP 32 SOUTH, RANGE 38
EAST, INDIAN RIVER COUNTY, FLORIDA
OEeeRprm OP PROPO M l ANC A11EIEiGkmm
ALL THAT LAND LYING WITHIN PART of SI:CTIO 113i, T..WHMOP 31 ICUTH, RAIIQ u EAST AND
PART OF SECTION 2, TOWNSHIP 33 SOGFM, RANGE E VAST. 910►LN WYEN C H MM. FLORIDA,
®mum PARttcm 0.Y EESCNIIOM FO.LO"
commmm AT THE Comm now COINERRF "am 2m, n. u me lk IOYNMDGP 31
B01IH. RAN" 31 EMT, IALAM RNDR 1713GNN'. RORDA IIARMEO BY A HOOD A' Y x
CONCRETE 11ONAtEfTT WITH NO INt"CATIDN. OW RECORDED "" THE FLORIDA
WMITffM OT ENNROINBRAL PROTEG711NN, L ITNFiED GOtN6t REGARD OOCA£f NUMBER
O9NIS. IRNN BWTM IM4l2Y EAST ALGFID THE NORTH WISE OF BAO SECTION Ii� TDIYNBfpp A
4001/6 RMROE 3P GAST A IABTAM OF MIN FIST: IND= WAMHO SiNOA MN KCTIOM
UNE RGN IIOVTH OW0150' WSSr A ObTANCE CF4S 37 FEET TOTRI. SCUM TONIT M WAY LNE
OF ICMNITY ROADSID IOMffr.*%1A99OROAOLACCQWM TO THE FLMIDA DEPARIT&10'
OF TROMPORTATDM ROMT OF WAY NAP -MO M ROD N0 LWNASSO RD.N FROM 0 R. $t3
OTH Orr.. B FELLIMERE FMOI TO AN. IV, 8RM= MZM IDATED an AND VWOF
WA NNIG OF THE iOIWINMO/E}GRIBZO PAROR;
FNOI SMO POINT OF DIEM"IMID MAN 901114frOOF EMT ALONG 511109011111119 RIOM OP WAY
LIE, SAD SOUTH NIGHT M VAY LOVE LYING 50.01 FEET IOOTNFRLT OF, PARALLEL VAIN AND
NORMAL TO THE OAMIM EANET AS BHOMIM ON AFORESAID FLOFMA O@11MMENr OF
WWWO YTATIOR ROM OF WAY NtlW •COURTT ROAD NO fWABR11110 MUM = O.R. 511 (DON
ff. • FFLL511ER! ROM TO $.A- 5. A OJRAINE OF J332 0 PEST: I' MMIM No NORM EO WW
EATN ALOHO SAD EONS OF SPRY IM A DISTANCE OF F3I FEET. THENCE AM DOM M'WW
ENFALONO MO SOOIN PoMMT OF WAY NNE, SAID SOVM ROOM OF WAY IMF LYG104DADFEET
UOYNIERLT OF, MM4IL WITH AMID NOMAL M THE AFORESAW SA/iUHS ALSD BRING TE
NORM LPN OF secs 133. IO WNNW 21 IOWM RANGE A EMT. N SHOWN RF AMMO NO
FLORIDA DEPAIMEMrOFTRAMPORTATION R iGHTOP MAY YAP'COIMHTT ROW 010 NAaFSBD
R0.1 illOtl C.R sWt iNSIH ST. • FELLSHEAI ROAD►IOlR.9 A OS7AMC7£ O INNSII FEINTS T!S
SNIEIaECI MWITH THE EAST LMEOFArOE0410 SEMMN. TOWN" 3110LRHLRANCI 31P
ON. MOAN RIVER COW". ROOM TAD MM11R SECTDIT OEM 40.00 FEET WITH OF THE
COMMON MCTION CORNER Of SECTION Z. 2q 3IAO 3R TCVMW31 SCUM MINIS 26 EAST,
MAIM RAVER COUNTY, FLORA, UA101ED BY A POLL40 ZOO UAL WIT" NO IOEwrim III
RECOROW AST" TIE FLORIDA OVARTIMNI OP EWAIORIBRAL FNtlTEETIOL CERTIFIED
RECORD OOCHBT HUNTER MOO&,' TYEMCE RUN OOiflM OVOCW WEST ALONG SAD EAST LINE
OF SECTION 35 A UNIANCE OF 3BIS31 FEET TO THE OUT OE-0UMTER (1LU EOR►HER 9i
ATOMMO INCTON 31 THEM GONRNN MOMS" IAIR LIME IOUMN WW W WEST A
DISTANCE OF 2ML31 FEET TOTINS SOGTHCASTOORNER OF SAIDIIECIDM a SAD SOMMay
ODMM ALSO BEND OI TMOONNON TOWN MRP 1JIE OP IOWMW 31 AND 32 8MMH, $AIR#
31 EMT, 200 RIVER CWNTV. FLORIDA AHD BFIG THE CN&MIN SECTION COMM OP
SECfI01151 ANDO.TON=W3390VTN NNARGI 31 EASTAND SECTIONS W AM 2% Toww W
31 OMM RAHOE NEASr, MAN RNERCOATTY. Ftd®A (SECTION L'OIIERFALLB NCAWILt
AS RECORDED WITH THE FLORA DEPARTMENT OF 901MONMBOAL PROT@.TIOM CERrFED
WRIER REORRO DOCKET NUMBER t05HR TNENL$ RIM SOUMN t1FNF4I WEST ALONG THE
EM LINE OP SND IECTDM OZ A OWANIF OF UREIC FEET TO THE EMI► ON EUARTER H M
COMMON OF AFORESAID SECTION Oar THENCE RIN MAGI W45W WEST ALONG THE
EASTMEST CME'GUARTFR IIAN SECTION LOVE A DIUANCE OF 13D.OI FEET TO THE
SRDgECRCRYOTHTHE WEST RISNI OF WAY LOVE OF NM AVENUE 0Wb IGADL A 0006 FEET
WOE STOP OF LAND COWEVED TO INDAN BNVER WGNTY N OEEO M M a. PMB 7% or Us
Rmm RECORDS OF mmm RWER COUNTY, FL IWAc HENCE RIDE Sam ID'OSIr WEST
ALONG BAD WEST RGHM OF WAY IBM OF SITE AVENUE A DISTANCE OF INKIZ FEET TO 11E
NORM Plow OF NAY LINE CP THE SEBASTIA N ROVER ILWROVWMENT OINrOOCTS SI SIATERM
UBW ANAL, A IM FEET WIDE RENT OF WAY PER GEED BOOM 3Z PANE NTT of TIE PUBLIC
RECORDS E 1110NRfHYERR:OIMTY.idI7RW1: THENCE RUIN MONTH IF'1R11' REST ALONG SAID
NORTH RIGHT OF Istr LINE A INSTANCE OF 10990 FEET TD THE WMFMCTDH WITH THE
NORNFOWW" ONE411AMBR (1) 8EC1fON LMGL CF APORESAO SECTION ; TRIO m
CONTIWOM0ALONSSNDMORMRGWDFWAYLNG RL7MNORTHN' YWWNSTAIRSTMCSOF
ML10 oEWr THENCE LEAVING TAD NORTH R1011' OF WAY LIE RUN HMO I0WW EAST
14ONG7NE WEBS LIMEOFTIE MST CNE'IALFIG) OF TIE NORINFAST ONIF0IANTER (104OF
THE SOUTHN BT EN65MAM IVMj OF AFOREDAIDUCTION 2A CSrAFCR OF 1I17M"ETTO
ON MUNI O ON! WITH THE EASIMEWT OK420 M ITNI 90CTION LNB OP SEHTDM ;
10M11200 32 SCUM, ROM 70 Ent VWU JGVGR COVHTY, FLOW*THENCE mm NORM
SO'15H' WENT ALONOSAD ELST411EST 511E-0GARTER IVA) SECTION LOVE A DISTANCE OF ALAI
FEET: THENCE MOM IWTN ODYNN' LYFST AON10 THE EAST UNE OF THE NORTHWEST
ON34VAMN 1110011 7NI IOUT/GVOST ONLCGARVIR OP41DF 941 MORON I A OMAN" M
1071.91 FEET TO THE AFORESAID NORTH FUMT OF YAV LORE OF SEBA" M HIRER
WROWEIIENT OHITHSOTS SUP"TOIAL104W C/NAI, ISO PET WOE MOW CF Mr THENCE
RIM NORTH SP V V WEST ALONG BM) MORTN RANT OF WRY 1N9 A ORSTANCI OR NE1,30
FEU TO TIE W GINCTNIt 1VITH THE NABS RIGHT OP WAr LOE OF 1118 BEaAI1LA11 "m
TAPRDVE1ENT MINIM LATERAL IV CAW, A MOD FEET WADE MONT OF WAY PER DIE0
WOH 3A PAGE 17Y OF THE PUELII RECORDS OF ROM RWR OOIINW, FLORIII` TNEWO RUG
NORTH W'HI3P EAST ALONG WID GMT RNW Of WAT LFIB A DRTANCS OF 1271AS PEST TO
TIME INTERSECTMON W" THE AFORESAID FASRWEST ONEAµAMIETR LIM SEGM N LPIE OF
IECTTON E THENCE FROM HN" IW?VW BAST ALIAS AND EAST SONS OF MY LING A
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SWRIWH MAN NW40VCMIUY DIBTRICTB SUBLATIRAL E-4YI CANAL, A ISO FEET WIN
RIGHT OF WAY PER OMO ODD[ V. PAGE IT? OF THE PUNNC REccougs 13F NOIAN RAVER
COUNTY, FLORID/; THE CE RUM BGUTH Srtl11MIT ALONG MID OO1117"MM T DFINAY LINE
A DISTANCE OF 104A for THENCE LRAVNIO AND SWATH RIOM OF WAY LINE IUN MORTN
IY1171 ' WIT ALONG THE WENT LR►M OF THE NORTMEAST CK4"TER 1104 OP THE
NORMWEBTCNEOILLRIENIIN)OFAFONEUMDSBrT. MYADW MMOF 13POIN FEETTOTLE
INTERSECTION WIM THE NORTH LAVE OF SAID SECTION ]: THENCE AWN NORTH 09 WwG I PAST
ALONG IN G WEST LAID OP THE BOGTHENT ONSOGARIHI 111114 OF TINE SQUINWIE T
ONEOUMTER I IMIOW AFDIIESAG SECTION>0 A OgTA1KE 13444 FEET TO THE IMHERBECIDA
WITH THE NOUN ROMT OF AWAY LSE OF THE GEBA&M RMM HWROVMW OM7RIDTE
SUSI.ATENL V710' COM. A IRO FEET MADE MRMT OF WAY PER DEED MOM A PACE In OF
THE PIMIC RECORDS OF FAUN R7118 COUNTY, FLORAA: THHENO RUN NORTH Y air MIST
AMU LAD NORTH MIGHT OF WAY tIE A DISTANCE OF 1000.35 FEET TO THE INTERSECTION
WITH THE AFORESAID EASM MIGHT OF WAY LIE OF TIME IEBASTIAM RMEI NPIIMMM7
DISTRICTS LA?0ft TF CANAL, A 215 G FEET "N RIGHT OF WAY: 1NE10B COM MUNO It"
IMMI ' EAST ALONG SAID EAST ~ OF WAY LOVE OF IERAWIM MEN NPROTOEMT
OAi1O= LATERAL IF CANAL A DISTANCE OF 12" 00 FEET TO THE IIfEIMM M WITH 71E
EpTMEBrOMOARTER NM► SECTION LIE OF W OVION 3SN TORMINW 3t DWJM NAM 39
ENT. IIWYSI LAYER OOUHTV. F'LOMGd; TNGION RIM MIDAIR SOOTY EMT ALONG SAID RAFT
FLOAT OF WAY LINEACISTACE OF 127SOOFEET TO IM NHTERTECTION MINI IM SODHHRRWR
OF WAY LOVE OF NOASI MH RM UPI 111PRCNG@q ORETHOCTE MINATE AL TmW CANAL. A
MOgGD FEET WIDE RIM OF WAY PER DEED MOH 32. PAGE 177 OF THE PUNK MEMOS OF
NORM RIVER COMM, FL.ORMOMC THENCE RUN SOUTH W4nr EAST ALONG AMID MUM MINT
OF MAY LIVE A OWANCE OF 104 03 Filar THENCE LCWM WDMM FIGHT W MAY 1
RAN MOM OFSWP EAST MM THE WEST LINE OF THE NORTHEAST ONEAUARIER RIM) OF
ENE N ORTNRkST OHE'OAKRTER 0AII OF AFON WD SECTION IS DMAIICE OF %Mr."f=T
10 THE AFORESAID SOUTH RRONT OF MAY LINE OF COUNTY ROAD $G I0110 AT. J MLMM
*DAM ACCORDING TO THE I"" DEPARTIENT OF TDAHfORFATDN NANNF OF WAY W
'EOINHTY MUD510 WSAYIORD.1 FROM C.R SISOSTH ST. • FEUMERE ROAD) TO B.R.S' AND
PDWW BRfA1NINA
MO ASO IMCMO ►ARCEL OONTAIIRG 39,131,751.55 3WARE FEET OR MOM ACRES.
1107E OILEMONCLM W CANALMOMOO MOW OF WAY3.572MACREI.M01E oRLESSI
GRAVES BROTHERS COMPANY
4AI Arft" CAi;rrE R ASSOCIA7'iFS, INC.
ONwrd E. Luethjl:,
A FLORIDA CORPORATION
CON9Ui.TiNC ENGINEERS AND IfAND SURY$YORS
PSM 03728 State
27T0 NDIAN RIVER BLViQ:fgm
ELtwe, VER08EACH,FLQRIDA32880
1"0 215t STREET, VERO BEACH, FL 32960
O} Florid8
�AKt7VeIIBIuuLrwmaNEeNanlrarcT
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URVEVOWS NOTES:
1. WREMH IT SEARS THE WHATURE AND THE ORIGINAL NAMED SEAL OF A
FLORIDA LIVMM SIIRVEM AND YAPPER. TRUE DRAWING, SREMK FLAT OR
LAPIS FOR WOM7100LFMl MIGNLY AND HI UM VALID.
3 No nuo WORK 1YAS PERFORMED TO DELWATE 71E AEOW OESCRIOM
FMRCN3 ANNERATDH,
3 IIWAROM VW M HEREON AN SMEO UPON THE HOMIN AMtRCAIM DATUM OF
tM AWWMEAT Ot011. AMC AN PROIECIBDIN7kB PLCMAA STATE PLANE
COORiMIC STSTEN. FLOM EART ZONE JOIN) AID OM REFEREMCM TO
TAB 0"Aimm ARID 100111MRTED LIM SNONIN HMON LAOELED AS THE
SSARNO TAIL'{ AS MGIOIITEO ON THE BOMPARF SOMY PWAILIO OT
BARTER pSDCIAYes, INC. PMOJECT NO ROWS, DWAVWG"a ROONT'C. DATED
ARE L SDI.
A LM M A OIL ■ SHO SL C0*ftEO ANDR CO G OIERIAIO ARE
THE SALE ALL D5EM1101N0 SHOWN NEHLIONARE DIMPIAYED IN UA HURVET
FEETAHD DECIMAL PARTS THEREOF
I. THE LSSMB CF DM PMM AMEIANOI WAS BMW ENTFIELY ON SPECIFIC
DISIR11CTION W THE PST' VAMIL TN* 9=CN AHD DESCRIPTION IS
NOT BRBIOEO TO SMY OR OETE1SOM OWFEpdW AID DOES MOT wow
TO DELNIATE LOCAL AREAB OF CONCERN OR AM OTHER AIRMIDICTIOHAL
DETERMINATION.
4, THIS URCH AND DESCRIPTION OF 71AS PARCEL ANHERATIDPF No BERM
PREPM ED FOR THE NDnGINS 0BII0 11' AND USE OF TIE FERBOS AHDIOR
EHTRES HARED Hmm FOR in nmroSFB IMIMIED HEREON UN LY.
UNLESS O HERRLR+ RATED. CERTIFICATION CA THPI StRAW NAP APPIES
ONLY TOTE f1'ANDANOS OP PR MM DIET FORTH BY TMEFLORDMHONUO OF
PgOTE>7D}fN, sURYErom AND YAPPERS IN SIMPLER Slli FLORIDA
^ CCW. rU]tKU tT TO BEETgM ITZMT. FWMDA STATUTE]!.
THE CWHICAMRN N NO WAY COtJnOAREs NEITHER DIgMMTTY MR
AMRAMI? TO ANY OTHER INFORMATION NOT SHO M LIEIIL-CN. ADINTIOPM
OMET10NIN OR RE"M"to SIRS DRAINING BY OTEIS ARE NOT PERM II:D
AIM TNMB SUMT MRV NOT G TRRHW1RMD WITHOUT THE EYPAEIOED
MUTTHN PEMMGN of THE wasw O aNHt Irm THIS SURVEY ■ NOT WIID
FOR ANY OTHER PURPOSE OTHER THAN IN1111MO61 THE SIGNING NRIGREYOR
T1ffi MSdtlTtdI CF THE>StBTpMAIiD OESOIPRON1rAS OEVELDPEO6Y TNIE
PROFEIfGILV. IINRVEIOR ARID IIAPPE R
•. iM0 MMOM NO DESCIOPTDN E COMPRIEO OF 2 PAGES AND 04 IB VDT
VALDTWTHGUT THE OTHER
REFERENCES:
ENCES:
PLAN MTED•BOIMOARW SURMPARCELE VA THIN PART OF UEMM 35, TW.311_
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INDiAN RIVER COUNTY, R DRIDA
PROPOSED PROPERTY ANNEXATION
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A FLORIDA CORPORATION CONSULTING ENGINEERS AND LAND SURVEYORS nmsNNrr"Am ancau laelroomswa weem = A°PPp sy DBY °EL PORTION OF SECTION 3517�DIMISHIP 91 SOUTH, f1ANGE 3B EAST
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PROPOSED PROPERTY ANNEXATION s MIP41
ATTA CH, MEN T A
SUPPORTING DOCUMENTS TO THE ANNEXATION
Graves Brothers Company
Indian River County, FL
Annexation and Comprehensive Plan Amendment
Justification Statement
and
Public Facilities Statement
Prepared by:
Schulke, Bittie & Stoddard, L.L.C.
Joseph Schulke, P.E.
1717 Indian River Blvd, Suite 201
Vero Beach, FL 32960
April 2022
Revision: August 11, 2022
(Update Exhibits A, C, and E)
Revision: August 25, 2022
(Revise acreage of site)
Annexation into the City of Sebastian
Comprehensive Plan Amendment
Graves Brothers Company
Portions of Sections 1-32S-38E, 2-32S-38E, 35-31S-38E and 36-31S-38E
Indian River County, FL
Prepared by:
Schulke, Bittie & Stoddard, L.L.C.
Joseph Schulke, P.E.
1717Indian River Blvd, Suite 201
Vero Beach, FL 32960
JUSTIFICATION STATEMENT
This statement has been prepared to support a request to annex 2044.318 acres of property
(Including right-of-way) into the City of Sebastian and change the future land use map
(FLUM) designation of the applicant's 1913.593 acre property (net acreage, excluding right-of-
way) from Indian River County "AG-l" (Agricultural - 1 unit/5 acre) to City of Sebastian Future
Land Use Map designation of "Mixed use.
Introduction
The purpose of this request is to secure the approvals necessary for the annexation of the property
within the City of Sebastian, with a Future Land Use designation consistent with the city's Future
Land Use Map (FLUM) and with densities and intensities consistent with the city's adopted Future
Land Use Element of the Comprehensive Plan (April 2040).
The landowner is: Graves Brothers Company
Jeff Bass, President
2770 Indian River Blvd, Suite 201
Vero Beach, FL 32960
The property is in parts of sections 1-32S-38E, 2-32S-38E, 35-31 S-38E and 36-31S-38E. The site
is bounded by and lies south of C.R. 510, west of 741s Ave (extension), north of 69'b St, and east of
90th Ave. The northern portion of the property (hereafter referred to as "the site") abuts the City of
Sebastian city limits. The site is bisected in the north/ south direction through it's approximate
center by 820" Ave.
The acreage of the site is:
Gross ROW Net
82nd Ave, east: 1139.021. 73.524 1065.497
82nd Ave, west: 905.297 57.201 848.096
Total: 2044.318 130.725 1913.593
The land is located entirely within the city's designated Annexation Reserve area, an area identified
in the city's newly adopted 2040 Comprehensive Plan, (reference Exhibit A: "Map 1-14:
Annexation Reserve Area" COS 2040 Comprehensive Plan". The site boundaries have been
superimposed onto the map for reference.
Page 2
Consistent with Objective 1-2.2 and its related policies, the City acknowledges a need to prevent
urban sprawl and disjointed urban service delivery systems. the result of adjacent properties along
the same corridor being governed by two different sets of development regulations is more likely to
result in a lack of coordination leading to poor urban design and a corridor that does not function
as well as it should In addition, the City desires to develop a plan for managing annaraden of
unincorporated enclaves, the anaaradon reserve areas as well as fringe areas adjacent to the City,
especially for potential economic centers within the incorporated area.
The proposed FLUM designation of 'Mixed Use' is appropriate at this time because urban growth
is contiguous and agricultural activities are no longer economically viable, (reference Objective i-
1-4)
Policy 1-1.4.1: Agriculture Land Use Designation, The Agriculture land use• designation shall be
used for the following uses: farming, crops, range and livestock activities; protecting industries that
are a part of the state 's traditional economic base such as citrus and aguaculture; agricultural
research; agricultural related businesses; public facilities; institutional uses or recreational uses.
Me City shall also utilize the Agriculture land use designation for future annexations of existing
agricultural lands until such a time that urban growth is contiguous and agricultural activities
are no longer economically viable
Urban scale development that is contiguous to and adjacent to the site includes:
-The City of Fellsmere has annexed all the lands on the southern 2/3 of the land's west boundary.
-Vero Lake Estates (IRQ is fully developed along the sites northern 113 of the land's west
boundary.
-Liberty Park PD TND (IRC) has been approved for significant urban development along the sites
northern 14 of the east boundary. The developer has submitted construction drawings to IRC for
approval and commencement of construction.
-Treasure Coast elementary school and Blue Water Bay PD (IRC) have developed along the sites
northern boundary. Several other lands lying north of the site have received development approvals
for urban development, including Sebastian Park and River Oaks, lying north of the land's north
boundaiy. Recently the City has annexed lands north of the site, including Graves 66.87 acres
(contiguous to this site), and Cross Creek Lake Estates Addition (25 acres) located North/ North
East of the site, which both have expanded the city limits to the south.
-FDOT is currently under preliminary design to 4 lanel widen CR510 along the land's north
boundary. (Reference COS 2040 Comp Plan Future Transportation Map)
-FDOT is currently under preliminary design to construct a new 2 lane arterial roadway (82 °u Ave)
from Cr510 to 69 6 St, which bisects the land, starting at the site's north property line and ending at
the site's south property line. Notably, this new corridor will traverse the entire length of the City's
annexation reserve area, and this corridor will complete anew north/ south corridor from Cr510 to
Sr 60. (Reference COS 2040 Comp Plan Future Transportation Map)
See Exhibit B - Location Map and Yhoroughfare Plan Road Network
Agriculture has become economically unfeasible:
For many generations this area had been primarily dedicated to the production of citrus. Following
the hurricanes in 2004 and 2005, Citrus Canker became endemic to the industry followed closely
by the much more deadly Citrus Greening disease. Citrus production is now only economically
viable in large acreage blocks where all growers can practice similar defensive cultural practices.
Because of neighboring conversions to urban and non -citrus uses, this area is now like an island
Page 3
where citrus production is no longer feasible. Land conversion costs make transiting to other
agricultural uses such as row and vegetable crops unfeasible as well. While livestock grazing i,
available, the economic returns will not support the long-term maintenance demands of the
property.
Obi ectives for the future develor went of the Annexation Area
The applicant has met several times with city staff to discuss the applicant's plans for its land, and
the annexation procedure and the necessary requirement that the annexation and all future potential
development would be required to be consistent with the newly adopted 2040 comprehensive Plan.
Consequently, the applicant has agreed that the development of the land will adhere to the
foundational element of the comprehensive plan (the Land Use Element). The Land Use Element
promotes livability, sustainability, and smart growth principles to guide the development of the
City of Sebastian and shape how the City will grow in the next 20 years. Objectives of the
annexation consistent with the Comp Plan include:
-Encourage mixed use development
Promote affordability, accessibility, and healthy communities.
Encourage low -impact development, sustainable, and energy efecient building design and
construction practices,
-Follow growth management principles to prevent the proliferation of sprawl and ensure adequate
h&structure and public facilities are provided concurrent with development
-Utilize the "Planned Unit Development" Process (PUD) to establish design standards and form -
based code principles in order to enhance the design of any future development and recognize
unique land characteristics.
Tools and Governance
The city's newly adopted comp plan has established the tools and governance required to ensure
these objectives are met, including:
1. FLUM -This application includes a request to designate the Future Land Use as "Mixed
Use". The city adopted this new Future Land Use designation concurrent with the adoption
of the 2040 Comprehensive Plan.
See Exhibit E - Proposed City FLUM Amendment
Policy 1-1.3.6. Mixed Use (MU). The purpose of the Mixed Use designation is to provide a mixture of
residential. office, commercial, recreational, limited industrial, and institutional uses and encourage town
centers along major arterial corridors. This designation shall target areas outside of the Riverfront Mixed
Use district to allow for greater flexibility and changing market types in identified areas of the City such as
the Sebastian Boulevard Triangle Area. These areas may also serve as TDR receiving areas allowing for the
preservation of additional preservation and conservation lands within the City. Additional design and
development standards including form based code principals shall be incorporated into the LDC. The
maximum intensity is 0.6 FAR, and up to 1.0 FAR with incentives. The allowable residential uses include
single family, duplexes, and mull! family up to ten (10) dwelling units per acre and up to twelve (12) dwelling
units per acre with the use of TDRs or incentives. Incentives shall be outlined in the LDC and may include
but are not limited to projects that incorporate regional stormwater pond(s), shared parking structures (s),
bikelpedestrian connectivity, and quality of public open space.
Page 4
2. PUD - Future development of the site is anticipated to follow the development concepts
and procedures through the use of the "Planned Unit Development" (PUD).
Policy 1-1.6.1: Planned Unit Development Overlay Designation. The City's LDC shall continue to allow a
planned unit development overlay zoning designation in order to provide a voluntary management
framework for coordinating objectives of developers with those of the City Council. The City Council shall
reserve the authority to invoke new conditions in extending development rights based on: • Changes in
conditions surrounding the impacted land uses in the vicinity; • Evolving issues surrounding infrastructure
levels of service; • Impacts on natural resources; and/or • Other related issues impacting the nature of the
proposed planned unit development. Policy 1-1.6.2: Planned Unit Development Option. The planned unit
development overlay designation shall be available as a voluntary approach for managing specific
development characteristics and project amenities to be incorporated in residential, commercial, industrial,
or mixed use development options. Developers who voluntarily participate in the process shall bind
themselves as well as those who may be their successors in title to the subject land.
3. LDC - The city's primary tool to ensure all development is in conformance with the 2040
comprehensive plan is the City's "Land Development Code" (LDC). Any new
development must adhere to both the guiding Objectives and Policies of the Comp Plan,
and as referenced within the Comp Plan, all development must conform to all development
regulations within the city's land development code. The LDC is designed to:
Regulate the subdivision of land, and regulate the uses on land and in water consistent with this
Element ensure the compatibility of adjacent land uses, and provide for open space,
Protect the envirommentaRy sensitive lands and aquifer recharge functions
Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater
management.
Dedication, acquisition and development of future rights -of -way
Provide that development orders and permits shall not be issued which result in a reduction of levels
of services (LOS) for impacted public facilities
Growth Management Principles
The aforementioned tools at the applicant and city's disposal ensure the future development of the
site will follow the Growth management principles the city has envisioned in its oomp plan.
Guiding principles include:
1. Compatible Design: Future development of the site will consider the adjacent land uses
and provide compatibility measures, recognizing the primary adjacent land uses are:
Urban areas to the west:
-City of Fellsmere city limits; future urban development area along the southern 2/3 of the
land's boundary
-Vero Lake Estate; urban scale development area along the north 1/3 of the west boundary
Urban areas to the North:
-Treasure coast Elementary school, Blue Water Bay, and several other lands with
development approvals (Sebastian Park, River Oak) lying north of the land's north
boundary.
-Sebastian's southern limits and other urban development within the un-incorporated areas
of the county.
Page 5
Urban and Agricultural areas to the east:
- Liberty Park PD TND, a urban scale development approved for development within un-
incorporated county areas along the north Vi of east boundary.
-agricultural areas (primarily 5 to 20 acre ranchettes) within un-incorporated county areas
along the southern of the east boundary
Agricultural areas to the south
-agricultural areas (primarily 5 to 20 acre ranchettes) within un-incorporated county areas
south of the site.
The Comp Plan clearly provides policies to ensure future development of the land will
provide compatibility measures:
Policy 1-2.1.1: Smart Growth Principles. The City shall promote smart growth principles
that direct growth in an intentional, comprehensive way. These principles include but are
not limited to promoting a mix of uses, compact building design, walkable communities,
housing diversity, environmental preservation, and transportation choices.
Policy 1-2.1.2: Protect Developments from Possible Adverse Effects of Neighboring
Permitted Uses. The City 's LDC shall incorporate standards and/or review criteria for
mandating retention of open space, regulating building design, inchuding setbacks,
building placement on site, and building orientation. These provisions shall be directed
toward supporting compatibility as well as to preserving light, air, and open space. Other
reasonable design principles, including buffering standards, shall be included in the LDC.
Policy 1-2.1.3: Minimize Impacts Between Urban and Rural Land Uses. The LDC shall
incorporate performance standards, urban service availability standards and other
requirements which ensure buffering between urban and rural land uses. This is necessary
in order to maintain responsive land management policies along the outer suburban fringe
where urban development within the City could potentially impact unincorporated
agricultural lands, and vice versa.
Reduce Urban sprawl: Any future development of the land will require that the location,
scale, timing, and design of development will be coordinated with public facilities and
services to prevent the proliferation of urban sprawl, maximize public infrastructure, and
achieve cost effective land development patterns.
Policy 1-2.2.2: Resource Protection. The City shall seek to maintain and manage the
City's natural and man-made resources by establishing a pattern of development that is
harmonious with the City's natural environment and quality of life.
*Policy 1-2.2.4: Accommodate Growth. The City shall continue toseekfiscal resources to
extend City service areas, improve City roadways, coordinate public infrastructure and
make other improvements necessary to accommodate growth and maintain services and
facilities at adopted level of service standards.
*Policy 1-2.2.5: Development Orders and Permitting Process. Development orders and
permits for all future development shall be timed and staged to assure that requisite
infrastructure and services are available
Policy 1-2.2.6: Concurrency Management. The maximum allowable density and intensity
of land uses may be limited based on available public infrastructure. Land use shall be
predicated on availability of man-made infrastructure and service systems required to
support respective land use activities. The City shall continue enforcing their concurrency
Page 6
management program, pursuant to Ch. 163, F.S., to ensure that future development is
provided essential services and facilities at acceptable standards.
*Policy 1-2.2. 7: Design of Public Facilities and Utilities. Public facilities and utilities
shall be located and designed to maximize the eff eiency of services provided and
minimize adverse effects on natural systems and conservation lands.
;Policy 1-2.2.9. Accommodating Requisite Infrastructure. During the subdivision review,
site plan review, and permitting processes the City shall insure that respective future
developments allocate sufficient land area for infrastructure required to support the
proposed development
*Palicy 4-1.2.3: Conditions Governing Development Orders or Permits. Consistent with
Policy 4- 1.1.7, the LDC shall include performance criteria regulating the location, timing,
and scale of development in order to ensure that new development is effectively served by
wastewater services The performance criteria shall utilize recognized best management
practices, discourage the proliferation of permanent package treatment plants and the
extensive use of septic tanks and wastewater drain fields on areas with characteristics or
conditions unsuited for their adaptation, and comply with all applicable permitting
procedures.
3. Utilize concepts for managing land and water resources, including joint use stormwater
features, low impact development and other best management practices.
Policy 1-2.3.1: Low -Impact Development (M). the City shall encourage LID principles
for development and redevelopment including those within newly annexed areas. The City
shall require new developments to address future nutrient loading and water conservation
through principles including but not limited to: • LID design practices and technologies
that address energy, water, and nutrient conservation.
Policy 1-2.3.2: Incorporate Innovative Techniques in the Land Development Code. The
City's LDC shall continue to incorporate land and water resource best management
practices such as reduced impervious areas, increased buffers, LID, surface/storm water
management including water quality, soil erosion and sedimentation control, and
conservation of water
Future Plannine
The development of the site will adhere to the Mixed Use FLUM designation.
The planning of future development of the site will be completed under the policies and guidelines
of the Mixed Use FLUM designation, and regulations and approval procedures outlined in the city's
P.U.D. development review and approval process.
Policy 1-1. 3.6. Mixed Use (Mill. "The purpose of the Mixed Use designation is to provide a mixture
of residential, office, commercial, recreational, limited industrial, and institutional uses and
encourage town centers along major arterial corridors "
The ' Mixed Use" FLUM designation and PUD development approval process provides the city
with the tools and the regulatory authority to guide and direct the location, uses and intensities of
residential and non-residential uses, while providing additional regulations to ensure Land use
compatibility, buffering and open space provisions, prevention of urban sprawl, and protection and
management of natural resources. These policies and guidelines include:
Page 7
Policy 1-3. 1. 1. Urban Design and Community Appearance. Good principles of urban design shall
be applied through site plan review procedures in order to enhance general community appearance
as well as to preserve and enhance open space and landscape. This program shall assist in
protecting major natural and man-made resources within the City
Policy 2-1.1.5: Greenway Plan, Consistent with the North Indian River County Greenways Master
Plan (2008), the City shall seek funding for and prepare and maintain a Greenways Plan for bicycle
and pedestrian access.
Policy 1-3.2. 1: Development Impacts. The City shall require applicants to demonstrate measures to
mitigate the adverse impacts of the proposed development on historic or archaeological site or
structure
Policy 1-3.4.1: Healthy Communities. The City shall ensure equitably distributed and accessible
active transportation facilities (i.e. sidewalks, bike lanes) and recreational opportunities (i.e. parks
greenways) to support healthy lifestyles and physical activity
Policy 2-1. 1.9: Sidewalks and Multi -use Paths. The City shall conduct a sidewalk assessment and
walking study. Sidewalks or multi -use paths shall be mandatory on all new development and on all
new roadway construction.
Policy 4-1.4. 1: Protect Natural Drainage Features, The City shall protect natural drainage features
and ensure future development utilizes stormwater management systems consistent with criteria of
all appropriate local, state, and federal agencies
Policy 4-1.4.3: Ensure that Urban Lands Provide Adequate Drainage and Protection from Flooding
and Manage the Retention of Ground and Surface Water at Levels that Enhance Natural Storage
Capacity of Watersheds and Promote Aquifer Recharge
Policy 4-1.4. 7: Buffer Zone Requirements. The LDC shall include performance criteria which shall
require that new development * provide buffer zones adjacent to natural drainageways and retention
areas
Policy S 1.1.1: Protection of Natural Resources, Wildlife, and Habitats. The City's land
development code (LDC) shall include: a. Performance criteria that protects the City's natural
resources, wildlife, and habitats of endangered or threatened species from the adverse impacts of
development by regulating the location, density, and intensity of those activities which cause the
adverse impact.
Policy 5-1. 1.6.• Open Space Corridor System. Through the LDC and land development review
process, the City shall continue to identify opportunities to: a. Provide an interconnected open space
corridor system that links existing open spaces, greenways, public right of ways, and trails including
new open space corridors b. Provide connections from adjacent development to existing orplanned
open space corridors c. Connect parks and civic resources (i.e., Community Center) d Provide low -
impact natural activities such as walking trails, benches, picnic areas, and canoelkayak launches e.
Connect the City and County 's open space corridors f Require that open space corridors minimize
the fragmentation of significant wildlife habitat. Corridor widths shall be defined based on the
natural range of targeted habitat/species; however, are generally considered to be a minimum of
25 feet in width
Page 8
While the Mixed Use FLUM defines maximum intensities and densities, the Comp Plan and LDC
also regulate and restrict future development to ensure development is low impact, including
provisions for appropriate ecological preservation, adequate buffering and open space, and
opportunities to designate residential and commercial needs of the city, as defined in the city's
comprehensive plan.
Site Intensity and Denaity
The comp plan provides guidance on both the location and intensity of residential densities and
non-residential intensities.
1. Residential uses and intensities:
The site location and size provide the city the opportunity to create new residential use areas which
can help address the city's current and future housing needs. The proposed Mix Use FLUM
designation permits residential uses include single family, duplexes, and mull -family up to ten
(10) dwelling units per acre, and up to twelve (12) dwelling units per acre with the use of TDRs
or incentives.
"According BEER, the official population estimate of permanent residents in the City of Sebastian
as of April 1, 2020 is 25,658 residents. Sebastian's future population growth is projected to be
34, 567 residents by the year 2040 with an average growth rate of 81A The City 's projected growth
will continue to provide development and redevelopment opportunities for the City. " (2040 FL UM,
Land Use Element)
The City's Housing Element indicates that the city has a need for a more diverse housing market
and more affordable housing:
Goal 3-1: Provision of Housing. Ensure the provision of a sufficient supply of decent, safe, and
sanitary housing options, including affordable housing, that is responsive to the diverse housing
needs of the City's existing and future population, while encouraging the preservation and
enhancement of the City 's existing housing stock and historic structures.
.Affordable housing is determined by comparing the cost of housing to household income. Florida
Statutes defines affordable housing as monthly rents or monthly mortgage payments including taxes,
insurance, and utilities do not exceed 30 percent of the median adjusted gross annual income for
households.
-Cost-burdened households pay more than 30 percent of income for rent or mortgage costs. The
data indicates that 1090 households within the City (38%) paid more than 30'16 of income for
housing.
According to Census data the highest percentage of renters in Sebastian are paying 35percent or
more of their Income for housing. This makes affordability an issue for renters in the City".
According to the Florida Housing Data Clearinghouse, 4,310 households in Sebastian (41.1%)
were headed by a person age 65 or older. In Sebastian, 3,924 of elderly households (91%))own their
homes, while 1,392 elderly households (32.2%) pay more than 30 percent of income for rent or
mortgage costs.
Page 9
The Mixed Use FLUM designation will permit a mix of Residential Uses, and the other Comp Plan
Policies (cited herein) require compact, sustainable, low impact design, which affords opportunities
to develop a variety of residential household types, and promotes the development of affordable
housing options.
The mix use FLUM, the "allowable residential uses include single family, duplexes, and multi-
family up to ten (10) dwelling units per acre, and up to twelve (12) dwelling units per acre with the
use of TDRs or incentives. Incentives shall be outlined in the LDC and may Include but are not
limited to projects that incorporate regional stormwater pond(s), shared parking structures(s),
bike*destrian connectivity, and quality of public open space.
Policy 3-1. I.1: Adequate Housing. The City 's Future Land Use Map shall include adequate amounts
of lands to accommodate the projected housing growth through a variety of housing types and
housing values). the City shall continue to provide land use designations and zoning districts on
the Future Land Use and the Official Zoning Maps, respectively, to ensure that single family, duplex,
and multi family housing units are allowed within the City to provide a diverse range of housing
options (owner ship/r ent) and meet a range of income options.
Policy 3-1.1.3: Housing Options. The City shall, through its Land Development Code (LDC),
encourage the development/r edevelopment of housing that will integrate housing options, including
housing type and ownership status (ownlrent), across all neighborhoods.
Policy 3-1.1. 7: Mixed Use. The City shall promote mixed use developments that include provisions
for a wide variety of housing types and prices in close proximity to support facilities.
Policy 3-1.2.1: Affordable Housing. The City shall review methods for addressing the affordable
and "missing middle" housing shortage in the City. The City shall continue to provide technical
assistance, information, and housing data to the private sector to advance the development of fair
and affordable housing.
Policy 9-1.4. 2. Work to provide affordable housing opportunities in the City for the City's
workforce, as well as to provide choice in housing types and styles to appeal to diverse demographic
groups needed to drive economic development in Sebastian.
Policy 9-1.4.4. Continue the development of greenways as extensions of the City's park system to
increase open space and recreational opportunities throughout the City_
2. Non-residential uses and intensities (Commercial and light Industrial Uses)
Policy 1-1.3.6. Mixed Use (MU). The maximum intensity is 0.6 FAR, and up to 1.0 FAR with
incentives
In addition to other elements cited herein from the 2040 plan, the Economic Development Element
and Land Use element of the 2040 Comprehensive Plan provides the impetus to support this
annexation and further, to designate commercial and light industrial development areas for this site.
The Comp Plan's projections within it's Economic Analysis "suggest a need to add approximately
59 acres of commercial land and an additional 68 acres of industrial land. However ... the City may
benefit from significantly more employment that could make work trips shorter, as well as bring
fiscal benefits. Further, while much of the City's industrial capacity is at the Airport, that location
is not well -suited for all industries the City may wish to attract, and the lack of a quality industrial
park or similar facility has been cited as a barrier to increased competitiveness in attracting
targeted industries. Thus, the City may need to allocate additional industrial lands, including
Page 10
potentially in areas that are annexed in the future, as part of economic development effort
Similarly, additional commercial capacity may be necessary for the purpose of creating more
e eient land use patterns, with commercial uses nearby, and physically and functionally integrated
with, residential uses in order to create areas suited for pedestrian and transit activity and dynamic
activity. '
Policy 9-1.3.2. The City shall periodically review the inventory of available industrial land and the
regulations governing them to ensure that appropriate sites will remain available for the industries
targeted in Policy 9-1. 1.1.
The Inventory and Analysis evaluation concludes that annexing this property would provide
opportunities to improve the residents' quality of life. This site's size and location provides the best
opportunity the city may have to develop a sustainable industrial park and provide supporting
commercial opportunities, which has the potential for attraction of more sustainable industries.
Benefits cited in the Comp Plan include:
*Increase manufacturing employment opportunities - "In terms of manufacturing employment
—which is often prized in economic development because it typically offers relatively high wages
but many times without advanced education.. ".
*Decrease employment dependent automobile trips and trip length: "The data also suggest that
Sebastian residents are increasingly traveling further to work which goes against the trend in the
State of Florida. The data show that Sebastian has become more auto -dependent for work -related
trips. This is potentially relevant for a number of reasons. One is that {f this is caused by a lack of
accessibility from Sebastian neighborhoods to jobs by means other than private automobile, it will
very docult for those unable to drive to support themselves economically. It is also relevant as
Sebastian attempts to become a more "green " City and attract sustainable industries. ,! reversal of
this trend would signal progress in the effort to become more green, and would also be a selling
point when trying to attract sustainable industries about the City 's seriousness in striving to create
a more sustainable future.
Further support of annexation of this site and designation of commercial and light industrial areas,
the city's stated objectives and policies include:
Objective 9-1. 1. In cooperation with partner organizations, strategically target industry clusters for
startup, relocation and expansion in the City, offer appropriate incentives and effectively market
the City as a location for those industries
Objective 9-1.3. Take steps to ensure that appropriate sites are available in the City for desired
commerciaUmdustrial development that supports the City's economic strategy, and to ensure that
information about available sites and buildings is readily available to prospective users.
Policy 9-1.3.1. Consider annexation of areas outside the City that could provide future areas for
commercial or industrial development.
Policy 9-1.3. 3. The need for future lands for economic development shall be a primary factor in
planning for growth in areas surrounding the City that could be annexed in the future. In
particular, the CR-510 corridor south of the City should he considered for future industrial
growth, ineludinti., the r,ossibili,.-oi an industrial hark.
The Land Use Element policies also provide guidelines for the allocation .of non-residential areas
along major arterials which will minimize the impact on residential quality. The site lies at a very
Page 11
advantageous location which supports urban development. The site is the benefactor of existing
and planned thoroughfare roads, existing water and sewer utilities, and existing SRID drainage
facilities, which can support the future urban development of the site.
The site is strategically located where several existing and proposed thoroughfare plan roads will
provide a favorable grid network of streets, providing multiple means of access from all directions,
including improvements and for extensions of Cr510, 82ed Ave, 81 st St and 74 * Ave. The road
network will ensure that traffic generated by the site development will not overburden one or two
thoroughfares, that residents and employees of the site can conveniently access or depart the area
with little risk of delays or hindrances, and most importantly, both city and Indian River County
emergency services will have multiple alternative routes to serve the site.
In support of these statements, Comp Plan Policies include:
Policy 1-1.3.9: Pattern ofNon-Residential Land Use. In order to promote efficient flow of traffic
along major arterials cited in the Transportation & Mobility Element, achieve orderly development,
and minimize adverse impact on residential quality, non-residential development shall be
concentrated in strategically located (targeted) areas. These areas include those having location
characteristics which best accommodate specific land, site, public facilities and market location
requirements of their respective non-residential uses.
Policy 1-1.3.10: Allocating Non Residential Land Use. The approval of non-residential uses shall
recognize that respective non-residential activities frequently have different site, spatial, and market
area characteristics and generate signficantly different impacts.
Justification Statement - Conclusion
The applicant, Graves Brothers Company, has submitted a request to voluntarily annex 2044.3 18
acres of property (including right-of-way) into the City of Sebastian. The site is appropriately
located for consideration of annexation. The property lies within the city's designated annexation
reserve area, and is contiguous with the city's southern boundary, and it's east, west and north
boundaries are adjacent to various degrees of existing or proposed urban scale development. The
proposal also includes designating the applicant's 1913.593 acre property (net acreage, excluding
right-of-way) with the city's newly created "Mixed Use' FLUM designation; and the city's
policies and regulations provide a future path for development of the site with appropriate
residential densities and intensities through the implementation of the Planned Unit Development
(PUD)Overlay Designation and PUD development process. The annexation of this site has been
proven to be consistent with the city's newly adopted 2040 Comprehensive Plan, and the
applicant has provided evidence that the annexation will assist the city's goals, objectives and
policies that will improve the quality of life of its existing and future residents by providing
diverse housing opportunities, and new and advantageous social, economic and employment
opportunities. Consequently, the applicant requests that the City Planning and Zoning Board and
City Council approve the request to annex the site and designate the site "Mixed Use" on its
Future land Use Map.
Page 12
Public Facilities Statement:
Generally, the site lies at a very advantageous location which supports urban development. The site
is the benefactor of existing and planned thoroughfare roads, existing water and sewer utilities, and
existing SRID drainage facilities, which can support the future urban development of the site.
The site is strategically located where several existing and proposed thoroughfare plan roads will
provide - a favorable grid network of streets, providing multiple means of access from all directions.
The road network will ensure that traffic generated by the site development will not overburden
one or two thoroughfares, that residents and employees of the site can conveniently access or depart
the area with little risk of delays or hindrances, and most importantly, both • city and Indian River
County emergency services will have multiple alternative routes to serve the site.
The site will have thoroughfare roads on its entire perimeter:
The FDOT is preparing for the extension of 82 °d Ave which bisects the property and will complete
the extension from SR60 to CR510; and the FDOT is preparing plans to widen CR510 to 4 lanes
from US 1 to 0512, which pass along and is adjacent to the site's north boundary. The initial
extension of 74a Ave along the sites east boundary from CR510, % of a mile south, and the
extension of 81" street from 66 d' Ave to 74" Ave will be completed as a condition of approval by
the IRC approved Liberty Park PD TND. This project would ultimately complete the 74 a Ave
extension along the southern 14 of its east boundary to 69 * St. Once the 81" St extension is
completed, 69 m St on the sites south boundary will connect 82 "d Ave to US 1 to the east.
See Exhibit B —Location Map and Thoroughfare Plan Road Network
The site will have several thoroughfare roads extending into and creating
thoroughfare intersections internal to the site:
78te,80'ti , 82' , and 84' Ave(s) in the north / south direction, and 73`d, 77's, and 81 a streets in the
east west direction.
Exhibit C —Site Thoroughfare Plan Network and SRID Canals
The site is located adjacent to the county Urban Services Area
The site is located adjacent to the county Urban Services Area on its north, east and west sides. The
official boundary in this vicinity is CR510 (north of and contiguous to the site along CR510), and
90 d' Ave (west and contiguous to the site / City of Fellsmere / Vero Lake Estates), and 66'" Ave
(east of 66m Ave), While the east boundary of the site (74 U' Ave) is not officially contiguous to the
mapped urban services area, the county has already effectively moved the boundary from 6e Ave
to 74's Ave (and contiguous to the site) with the approval of the Liberty Park PD TND, a mixed use
development with over 900 units and 200,000 sf of commercial use. Consequently, the effective
county urban service line is at the sites North, West AND East boundaries. However, irrespective
of the COUNTY'S urban service line location, Article 6 "Operating, Maintenance and Expansion
of the Sebastian Utility System" of the "Interlocal Agreement Providing for the Transfer of the City
of Sebastian Water and Wastewater System" adopted Sept 20, 1995 between IRC and the City of
Sebastian provides that IRC has an affirmative duty to expand the system inside and outside of the
city, and to provide service by the county's water and wastewater systems concurrent with the
Page 13
demands of new growth or the expansion or extension of water or wastewater transmission,
distribution, or collection facilities by either the city or the county.
Currently, IRC has existing water distribution mains along the sites west boundary in Vero Lake
Estates, water and sewer transmission mains on CR5 10 on the sites north boundary and will have
utilities at the sites' cast boundary concurrent with the development of Liberty Park PD TND.
Liberty Park PD TND will be connecting and extending utilities south and west from CR510 and
6 6'h Ave, through 81 " St, 70 s' and 74 "' Ave, ultimately bringing utility services to the site's east
property line.
See Exhibit D - Utility Infrastructure
The site lies entirely within the Sebastian River Improvement district (SRID), a chapter 189 and
289 Improvement district which is responsible for the implementation, operation and maintenance
of a water control plan and stormwater drainage by gravity within the district boundaries.
Consequently, adequate facilities are in place to ensure the site has adequate and legal drainage
capabilities.
The site is bisected in the north south direction by both Laterals C and L canals, and adjacent to
lateral D on its west boundary. Lateral L canal runs along and through the natural slough and
headwaters of the South Prong of the St. Sebastian River. Several sub -laterals bisect the site in the
east to west direction, draining a majority of the site east and west to Lateral C. These include sub -
laterals C2E&W through C5E&W plus C6&7W.
Exhibit C - Site Thoroughfare Plan Network and SRID Canals
Adequate traffic, utilities, drainage, and other facilities either exist or are planned in the vicinity of
the site. The Comprehensive Plan, Infrastructure Element establishes standards for Concurrency
management and specifically, standards for Transportation, Potable Water, Wastewater,
Drainage, and Recreation. Chapter IX of the City's Land Development Code, "Concurrency
Management", defines the level of service standards for these facilities, and specifies that adequate
provisions for these services are necessary to support new development. Upon submittal of any
new development proposals, the city's Comp Plan and its LDC require a complete evaluation of
existing infrastructure capacity and need for new facilities concurrent with development.
Page 14
List of Exhibits
ExIdbit A: "Map 1-14: Annexation Reserve Area" COS 2040 Comprehensive Plan".
Exhibit B - Location Map and Thoroughfare Plan Road Network
Exhibit C - Site Thoroughfare Plan Network and SRID Canals
Exhibit D - Utility Infrastructure
Exhibit E - Proposed City FLUM Amendment
Attachments
Warranty Deed
• Title Policy/Certification
• Survey of Land
Page 15
ParcellD
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4� ltatrtdl
rtC ,
P;epffied by
Dedene Pegg, an en>p Ww of
Elite Title Of The Treasure Coast, Irm
3055 Cardinal Drive, Ste 105
Vero Beach, Florida 32M
(M)231-5560
► Retum to: Grantee
We No.: Er 20285
�0 SPECIAL WARRANTY DEED
3385.
THIS INDENTURE, executed an Auvust 25. 2022 between
Sebastian River. Improvement District, a drainage district organized and existing under the
General Drainage Laws of the State of Florida, also known as Sebastian River Water Control
District, formerly known as Sebastian River Drainage District
whose mailing address is: qO Special District Services Inc 2501a Burns Rd, Palm Beach Gardens, FL
33410,
hereineft called the "grantor, and
Graves Brothers Company, a Florida corporation
whose mailing address is: 2770 Man Rarer Blvd., Vero Beach, FL 32960-4230,
hereinafter called the "grantee":
(which tenw *Gra YaW and °Grantee° shall include singular or plural, coiporeft or Indlvidual, and either sex, and shell include
helrs, legal rem, succors and assigns of the saute)
WITMESSETH: The grantor, for and in consideration of the sum of $10.00 and other good and valuable
consideration, receipt whereof is hereby acknowledged, by these presents does grant, bargain, release,
convey and confirms unto the grantee, their heirs and assigns, all that certain land situate in Indian
River County, FL, W-wit,
See Exhibit "A" and Exhibit "B" attached hereto
Subject to all reservations, covenants, conditions, restrictions and easements of record and to all
applicable zoning ordinances and/or restrictions imposed by governmental authorities, If any.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in any way
appertaining.
To Have -and to Hold, the same in fee simple forever,
And Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee
simple; that It has good right and lawful authority to sell and convey said land; and that said land is free
of all liens, reservations, restrictions, easements, leases, denandes, and other encumbrances, except the
permitted exceptions and taxes accruing subsequent to December 31, 2021, and hereby releases any
automatic reservation and right of entry In accordance wilt) Section 27111, Florida Statutes. That it
hereby fully warrants the title to said land and will defend the same against the lawful claims of all
persons claiming by, through or under Grantor, but against none other,
Page i of 4
File No. ET 20285
In Witness Whereof, the grantor has hereunto set their hand(s) and seal(s) the day and year first
above written.
Sebastian River Improvement DistriCt, a drainage
district organized and existing under the General
Drainage Laws of the State of Florida
By: V(
Name: Thomas S Hammond
Title: Vine -Chair.
Signed; waked and ia�tad !n arm
Witness Sig e
Darlene K Pegg
Print Name
State of Florida
County of Indian RivP,r
Witness Signature
Sheila M. Mt1ft
Print Name
•
The Foregoing instrument Was Acknowledged before me by means of RI physical presence or ❑
online notarization, on August 25-2029 , by Thomas s Hammond . as
Vice -Chair , on b~ of Sebastian River improvement District, a drainage
district organbed and existing under General Drainage laws of the State of Florida, also
known as Sebasti n River Water Con I Dlstric t, formerly known as Sebastian River
Drainage Distri e ' ing under a la of the State of .
L,
� ry up4 c
1.DARLENE K. PEGG
(Printed Name) ,�s`� l)NtlF15i4PEGG
j CWMMM#M0b0157
My Commission expirest i fApd 14, 2025
: �P�f.•.� 9aadrdTMnUayFeW@�treria6007e�7019
-/ ; nroraNal.Sea4
Personally Known O OR Produced Identification [la
Type of Identification Produced a valid driver's license
Page 2 of 4
File No. ET-20285
).
EXHIM "A"
Legal DesalpUon
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-S-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF
(1/2) OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd/ AVENUE,
COUNTY ROAD 609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL
102, SECTION 88503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL "V CANAL (123.00 FEET WIDE RIGHT
OF WAY) RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIDA.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-4-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE NORTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE NORTH ONE-HALF
(1/2) OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd/ AVENUE,
COUNTY ROAD 609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL
102, SECTION 88503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL'LV CANAL (125.00 FEET WIDE RIGHT
OF WAY) RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIDA.
AND THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE NORTH ONE-HALF
(1/2), AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (112) OF THE NORTH ONE-
HALF (1/2) OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF THE SEBASTIAN RIVER
IMPROVEMENT DISTRICT LATERAL "L- CANAL (125.00 FEET WIDE RIGHT OF WAY) RIGHT
OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER COUNTY,
FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF XNDIAN RIVER FARMS WATER
CONTROL DISTRICT "RANGE LINE CANAL" / 74th/ AVENUE 'DIKE AND CANAL' (100 FEET
WIDE RIGHT OF WAY), DEED BOOK 48, PAGE 23, ST. LUCIE COUNTY, FLORIDA, SAID WEST
RIGHT OF WAY OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT RANGE LINE
CANAL ALSO BEING THE EAST LINE OF SAID SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38
EAST, INDIAN RIVER COUNTY, FLORIDA.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-3-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTH HALF OF
Page 3 of 5
file No. Orr-26285
q
SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA,
LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd/ AVENUE, COUNTY ROAD
609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL 102, SECTION
88503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE SEBASTIAN
RIVER IMPROVEMENT DISTRICT LATERAL "V CANALN (150.00 FEET WIDE RIGHT OF WAY)
RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIDA.
AND THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF
(1/2), AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTH HALF OF
SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA,
LYING EAST OF THE NORTHWESTERLY EXTENSION OF THE NORTHEAST RIGHT OF WAY OF
THE SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL " L" CANAL (125.00 FEET WIDE
RIGHT OF WAY) RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 2100, PAGE 300,
INDIAN RIVER COUNTY, FLORIDA, AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL -V BYPASS CANAL (125.00 FEET
WIDE RIGHT OF WAY), RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300,
INDIAN RIVER COUNTY, FLORIDA.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-2-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE NORTH ONE-HALF (1/2),
AND THE SOUTH 90.00 FEET Of THE NORTH ONE-HALF (1/2) OF THE NORTH ONE-HALF
(1/ 2) OF SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd/ AVENUE,
COUNTY ROAD 609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL
102, SECTION 88503-2611, OFFICIAL. RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBAS71AN RIVER IMPROVEMENT DISTRICT LATERAL -V CANAL (1SO.00 FLEET WIDE RIGHT
OF WAY), RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN
RIVER COUNTY, FLORIDA.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-6-W CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTIONi
THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (2/2) OF THE SOUTHWEST ONE -QUARTER
(1/4) OF THE NORTHWEST ONE -QUARTER (1/4), AND THE NORTH 50.00 FEET OF THE
SOUTH ONE-HALF (1/2) OF THE SOUTHWEST ONE -QUARTER (1/4) OF THE NORTHWEST
ONE -QUARTER (1/4) OF SECTION 11, TOWNSHIP 32 SOUTH, RANGE 38 EAST LYING EAST
OF THE EAST RIGHT OF WAY OF THE SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL
"D" CANAL (275.00 FEET WIDE RIGHT OF WAY) AND WEST OF THE SOUTHEAST ONE -
QUARTER (1/4) OF THE NORTHWEST ONE -QUARTER (1/4) OF SAID SECTION 11, TOWNSHIP
32 SOUTH, RANGE: 38 EAST, INDIAN RIVER COUNTY, FLORIDA,
SUBJECT TO:
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-3-E CANAL
SURFACE WATER DRAINAGE AND STORMWATER DISCHARGE EASEMENT DESCRIPTION:
THE WEST 212.00 FEET OF THE FOLLOWING DESCRIBED PARCEL:
Page 4 of 5
Fite No. ET 20285
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF (1/2.),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTH HALF OF
SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA,
LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82ND AVENUE, COUNTY ROAD
609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL 1027 SECTION
88503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE SEBASTIAN
RIVER IMPROVEMENT DISTRICT LATERAL wV CANAL' (150.00 FEET WIDE RIGHT OF WAY)
RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIDA.
THE ABOVE DESCRIBED PARCEL WAS SCALED FROM THE UN -DIMENSIONED TEMPORARY
CONSTRUCTION EASEMENT LYING WITHIN THE SEBASTIAN RIVER IMPROVEMENT
DISTRICT C-3-E RIGHT OF WAY (100 FEET WIDE), LYING SOUTH OF THE WET DETENTION
POND NO.11, AND IS INTENDED TO REPLICATE SAID EASEMENT AREA AS SHOWN ON THE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLANS FOR ROAD NO. CR 6090,
COUNTY INDIAN RIVER, FINANCIAL PROJECT ID 230879-2-52-01, POND DETAILS, SHEET
60, DATED 10/1312020, SIGNED BY ROMAN A. HAMEED, P.E., LICENSE NUMBER 56734, HDR
ENGINEERING, INC.
SEBA99M RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-5-E CANAL
SURFACE WATER DRAINAGE AND STORMWATER DISCHARGE EASEMENT DESCRIPTION:
THE WEST 292.00 FEET OF THE FOLLOWING DESCRIBED PARCEL:
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (112) OF THE SOUTH ONE-HALF
(1/2) OF SECTION i, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd AVENUE,
COUNTY ROAD 609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL
102, SECTION 88503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL -L" CANAL (125.00 FEET WIDE RIGHT
OF WAY) RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIDA.
THE ABOVE DESCRIBED PARCEL WAS SCALED FROM THE UN -DIMENSIONED TEMPORARY
CONSTRUCTION EASEMENT LYING WITHIN THE SEBASTIAN RIVER IMPROVEMENT
DISTRICT C-S-E RIGHT OF WAY (100 FEET WIDE), LYING SOUTH OF THE WET DEIENI ION
POND NO.10, AND IS INTENDED TO REPLICATE SAID EASEMENT AREA AS SHOWN ON THE
STATE OF FLORIDA-DEPARTMENT OF TRANSPORTATION PLANS FOR ROAD NO. CR 609,
COUNTY INDIAN RIVER, FINANCIAL PROJECT ID 230879-2-52-01, POND DETAILS, SHEET
59, DATED 10/13/2020, SIGNED BY ROMAN A. HAMEED, P.E., LICENSE NUMBER 56734, HDR
ENGINEERING, INC.
Pape 5 d 5
Me No. ET-20285
sEBAsTiM RIMIMPROVEMENT DISTRICT SLID -LATERAL C-5-ECANAL F, HIBIT "B"
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE RORTH 5M.10 FEET OP THE SOUA1 OIVE-HALF WOOF THESOUFH OMEWLF {1121, AND VM SDUTF) SDADFEET OFTHENOMOIE4 ALP W4 OF THE 5WRN
014E411LF (IM OF SEC11 ON 1. TOWNSHIP 32 WUTN. RANGE 3R EAST.INDM RIVER COUINIT. FLLMRDIw LVING EAST OF THE EASTIRWOF WAY OF RANCH ROAD
p[1"TAVEW6. COUNTY ROAD IR19) WM OF WAY PERSTATE OF FWARIA INOHTOF WAY MAP. PARCEL EaT SECtKIN na5034611 oFEIOALREOMRD SOON 32 %
PAbf,1940` PU6OC RECOPOS OF 11111011 RIVER COUNTY, FLORIDA AND VIM OF THE WEST MW OF WAY OF THE SENATAM RIVER RR¢ROVEMW MMCT
LATER* -I- CANAL (UM FEET VADE RIGHT OF WAY) RIRIITOF WAYMAF I=. OFFICIAL RECORD Obw VAT, FAKff 30R. Mmm RIVERCOMm. F omm.
THEAWYE DESCOW FARM MWAINING 67.775M SQUARE FEETOR 10850ACRES, MORE OR U S$,
SEBUTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-4-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION K
TIE NORTH wW FEET OF YNE SOUTH ONEFW,F 11/4 OF THE NORTH OIWXALF (If2I, AND THE SOUGH SM03 FEB OF THE NORTH OWAkALF (:/2) OF THE
NORTH OWWAF (1i,I.) OF SECTION L TOYWOFMP 32 SOUIF6. WOK W EAST, IROUN RIVER =147f., FW RWA , L"M FAST OF THE EAST RMIT OF WIN OF
RANCH ROAD WO AVOM COUNTY ROAD W91 REHT OF WAY FM STATE.OF MOM MW OF WAY MAP. PARCEL = SECTION M05- 611, OFFICIAL
RECSID SOOT 3225. PAGE T44 PUBLIC REOOR05 OF INMAN WM COUNTY. FLORRIA AND WEST OF Tiff WEST OW OF WAY OF THE 3TumiAN RAVER
RARIDVEAEENTOI NCTMM VCANAL 112SADFEETWMERIGHTOFWAY) RIGHTOFWAY MAP IMOFFISYL.RECOR0ROM no, PA6E30%IMANRIVER
COUNTY. RONOA
AND THE NORTH SO= NET OF THE SOUTH ONE- W(212)OFTIENORTH0�E-1AtiOXANDTHESOUTHSO"FEETOFTNEMORTHONNIALFI1/21OFTHE
WZTH Of"ALF 13A OF SWIM 1. MMHP Sl SOUTH. RANGE S¢ EAST, NUD(AN RM CUUM. FIOICk LING EMTOFTWLUF 1D WOF Mti1Y OF THE
WIAST" W" NrIPRO1 AWO DLSTRICTLATER4 V CANAI(12300 FEET WIDE 00141 OF WAY) NIGHT OF WAY MAP Lf %WMIAL RECORD ROOF 130, "a
3% RIWA KM=NTY. FLORIDA AND WFST OF THE V/FST oWF aF WAY OF INDINI RIVER FARMS WATER MITRIL OLSIPW 'M1I>l LINE MHW /71P
AWM THKE AND COW (COD FEET WIC RIGHTOF WAYI, VEM ROOT 48, PME H. ST. WOE CDUN% FLORIDA. SAID WEST MW OF WAY OF 7H E NCLW
OVER. FARINS MINK =TROL DISTRICT RANGE LIRE CANAL ALSO INING THE EAST IN OF SAID 310OON 1, TOW W 9 SOLEFE6 RANGE so EA57 4Nom
RIVER COUNTY, FLORIDA
THE NONE OESaom FARM WWAIWAGSMA17di SQUARE FEET CA UlAWAN, W, NN W OA LEAS.
sEBAST(AN RIVER AWROVEMENT DISTRICT SMLATERAL C-3-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH MOD FEETOF IM SOU111 004LW (3M OF TIRSOUHE ONE.)UU (L/21 AND YIIE SWTH MAOFEETOF 7W 11" OH&HAUF 11/4 OFTW SOUTH
HAUP OF SECROM S% WWNSNW 31 SOUTH. RANG! 8 EAST, ND" fiWN COUNTY, FLOW& LVRYLS LW OF THE FAST RIGHT Of WAY OF RANOI ROADW
AVFNUL CWIM ROAD owl mm OF M v PER STATE OF FLORIDARI WOF WAY MAP, PARCEL SDO. SECTION RE303-l611, OFFICIAL RECORD ROOK 322% FAGS
IND.OURKdCNC:O= OF ININAN am Cot". FLa1110A AND WEST Of UCWW ANWOF WAY OF THE 5EMST M WER INWRDYEMW MIIOCT LAWRAI.
-V CANAL" J&WAo FEET WIX RIGHTOF WAYI RIGHT TOP MAY MAP 1W.MWAL RECORD RmK2lI%FAEff 30D.INWAN RIVET C:OUMTY,fLWM%
ANO THE NORTH SDMG FEETOFTHE SOUTH ONEMALF Wq Of THESOUTM ON94" 1lr4 AND Uff SOUTH WW FWOF THE NORTH OH@HALF "M OF THE
SOUTH HW Of SEC" 36, TOWNSHIP 3L SOUYH, RANSE31 FAST, NIHIN RIVER COUNTY. FLORIOA.11" FAST OF THE RORIHW nMV EKTENSKLN OF THE
MORTHEST RMW OF WAYaF THE MB"7IAN RIVER RAFROYEMW OEMU LATERAL'VCAML(325.ODFEET WRTE RHW QF WAR)1MWOF WAY MAP L96D,
o"LIAL RECORD KOOK 214 PAGE3TA, NDM NMlt COUNTY. FLORIDA, AMP'JEST OFTFEWRiTRIf WOF MAY OFTHESMMTYN RRAIR LWRDVWWR
D6TRRT LATFAAL'L'RYPA%CANAL juts onErV AN RMIT OF WAY), RIGM OF WAY MAP1860, OPRCIAL RECORD NOOK 210, PAGE io0, IMAM RIVER
COUNIV,F mA.
TMAWVI` OESCRIREO PARM OWAINRNB ZPA16.711 SQUARE FFBT OR 74M ACRES, MOREOR 1ETS.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-a-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION,
THE NORTH SOW FEET OF THE SOUTH ONE-HALF WX OF THE NOR* ON14W WA AND THE SOUTH SDOC FEET OF THE NORTH ONE-W" Il/A OF THE
RMTH OpW.Mw (1/2) OF SWWN 36. TOWMHIF 31 SOUTH, PAM 38 FAST, IN"" RIVER COUNTY, FLOIVOA LYING EAST OF THE EAST IUGNT OF WAY OF
RANCH ROAD Oe AVENUE COUNT► ROAD em) NNW OF WAR' PEA STATE OF ROMM RIRII OF WAY MAP, PARCEL TOT. BECKON $003.2G11, OFMX
RECORD ROOK 3325. FASE 3944 MINK RECORDS OF INOLW RIVER COUNTY, FIORIDA AND SYEST OF 7W WEST MW OF WNY OF 114E MASTM RIVEN
YA PROVERANQ 015TIIICT LATERAL'L" CANAL (150AD FEET WIDE WRIT 43F WAY), RIM OF WAY MAP IRK OFFICIAL RECYIRD ROOK 21A PARE 5% WRIW
RIVER COMM FLOW"
THE ARM UESCRWWPAIIamNTPJMMO216,7a%74SQUAREFWOlt SA30ACRES. MORECA 55
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL Cr6-W CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE SOUTH BAW FEET OF'FIE NORTH OWHA F MI OF THE SOUTHWEST ONE: QUARTOK WQ OF THE MMMfWST ONg4WAWR Wq. Mo THE NORTH
MW FEET OF 1FE SOUTH ONE•NALF W4 OF THE lNRIT11WW CNIE QUARTtlt (1/4) LM THE NDRTMNEST QNFQUMllA (314) OF SECfM 11. TDVMISHIP 32
SOUTH, RM U! 3R CATTLYING EASTOF THE EAST RIGHTOF WAYOF YWSENMTIAN INWR IMPROVDiEN10117010IATFM-04 CANAL (VIW FEET MADE RIGHT
OF WAY) AND WIST OF THE SOUTHEAST ONMUARTER RIM) OF THE NORTHWEST ONE-MMER (ljq OF SA1D SECTION 1L TpM mw W SOURL RNILIE 35
EAST, RNOLAN RIVIPCOUIFTY ROIINK--
TNEASOVE DESCRIBflD PARTYrI. CONIAIMNG ITS, WXW SQUARE FEET OR 2AIS ACREL MOREOR LESS.
KEY, � I00C,- PAK 9, DEL,O/1V22DJU 0/24/E2
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a' CUM ASSOCIAW, ING �"". X ' I SKETCH AND DESCRIPTION
N CONSULTING RNGDYMW Alin LAND SD89RYORS „�N wm m PARCELS a IFHW KART OF P.41alit RI TT
1705 211L STREET, VERO WACH fL 320AO "Al" a:.«rre T1MP. 82 Fl ; RN3E. 3E £ b EEO. !6, TWO. �1 FLORIDAFN16. aE E.
t►►a) SLi2i10.^ .__»..—. r FA7C E►7s) E62.71t10 I pa :1DUW CHIN CDUMY. tNS
_ r, Nw l PARCEL DESCRlPT10MS
SHEET
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