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Home My WebLink About06-20-2024 PZ AgendaCRYOF HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 www.cityofsebastian.org AGENDA PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY THURSDAY, JUNE 20, 2024 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF COMMUNITY DEVELOPMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ANNOUNCEMENTS AND AGENDA MODIFICATIONS Modifications and additions require unanimous vote of members. Deletions do not apply. 5. APPROVAL OF MINUTES: None 6. LOCAL PLANNING AGENCY (I .PA) PUBLIC HEARINGS • Chairman opens hearing; • Attorney reads ordinance or resolution or title, if any; • Staff presentation; • Public Input; • Commissioners closes hearing; • Commission deliberation and questions • Chairman calls for a motion • Commission Action A. Public Hearing — Recommendation to City Council — Small Scale Comprehensive Plan Future Land Use Map Amendment — City of Sebastian, Applicant — AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR PROPERTY CONTAINING 0.06 ACRES, MORE OR LESS, LOCATED EAST OF SEBASTIAN HISTORICAL PARK, NORTH OF SCHUMANN DRIVE, AND WEST OF LOTS 1, 2, & 3, BLOCK 406, S/H UNIT 7. THE EXISTING LAND USE DESIGNATION IS CG (COMMERCIAL GENERAL) AND THE REQUESTED LAND USE IS INST (INSTITUTIONAL). B. Public Hearing — Recommendation to City Council — Small Scale Comprehensive Plan Future Land Use Map Amendment — Schumann Road Indian River, LLC, Applicant — AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR PROPERTY CONTAINING 0.07 ACRES, MORE OR LESS, LOCATED EAST OF SEBASTIAN HISTORICAL PARK, NORTH OF SCHUMANN DRIVE, AND WEST OF LOTS 1, 2, & 3, BLOCK 406, S/H UNIT 7. THE EXISTING LAND USE DESIGNATION IS INST (INSTITUTIONAL) AND THE REQUESTED LAND USE IS CG (COMMERCIAL GENERAL). 7. PLANNING AND ZONING (P&Z) COMMISSION QUASI-JUDICIAL HEARINGS • Chairman opens hearing, attorney (or Chair) reads ordinance or resolution or title • Commissioners disclose ex parte communication, site visits or conflicts • All who intend to provide testimony shall submit a speaker oath card to Chair • Applicant or applicant's agent makes presentation - maximum 30 minutes • Staffpresentsfindings and analysis • Commissioners asks questions of the applicant and staff • Chairman opens the floor for anyone in favor and anyone opposing the request (anyone presenting factual information shall submit a speaker oath card to Chair — maximum 5 minutes) • Applicant provided opportunity to respond to issues raised by staff or public — maximum 10 minutes • Staff provided opportunity to summarize request — maximum 10 minutes • Commission deliberation and questions • Chairman calls for a motion • Commission Action A. P&Z Quasi -Judicial Public Hearing — Recommendation to City Council — Request for Rezoning — City of Sebastian, Applicant - AN AMENDMENT TO THE CITY'S ZONING MAP FOR PROPERTY CONTAINING 0.06 ACRES, MORE OR LESS, LOCATED EAST OF SEBASTIAN HISTORICAL PARK, NORTH OF SCHUMANN DRIVE, AND WEST OF LOTS 1, 2, & 3, BLOCK 406, S/H UNIT 7. THE EXISTING ZONING IS CG (COMMERCIAL GENERAL), AND THE REQUESTED ZONING IS PS (PUBLIC SERVICE). B. P&Z Quasi -Judicial Public Hearing — Recommendation to City Council — Request for Rezoning — Schumann Road Indian River, LLC, Applicant — AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR PROPERTY CONTAINING 0.07 ACRES, MORE OR LESS, LOCATED EAST OF SEBASTIAN HISTORICAL PARK, NORTH OF SCHUMANN DRIVE, AND WEST OF LOTS 1, 2, & 3, BLOCK 406, S/H UNIT 7. THE EXISTING ZONING IS PS (PUBLIC SERVICE), AND THE REQUESTED ZONING IS CG (COMMERCIAL GENERAL). 8. UNFINISHED BUSINESS: None 10. ADJOURN No stenographic record by a certified court reporter will be made of the foregoing meeting. Any person who decides to appeal any decision made by the Commission with respect to any matter considered at this meeting may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be heard. (F.S.286.0105) In compliance with the Americans with Disabilities Act (ADA) of 1990, anyone who needs a special accommodation for this meeting should contact the City's ADA Coordinator at 772-388-8226 at least 48 hours in advance of the meeting. All government meetings in City Council Chambers will be broadcast live on COS -TV Comcast Channel 25 and ATT UVerse Channel 99 and streamed via the city website — www.cui otsebastian.orL, unless otherwise noticed and rebroadcast at a later date — see COS -TV Channel 25 for broadcast schedule 2 Lin CS SEBASTIAN HOME OF PELICAN ISLAND Community Development Department Comprehensive Plan Amendment Land Planning Agency June 20, 2024 LPA Leqislative Public Hearinq — Recommendation to Citv Council Comprehensive Plan Future Land Use Map Amendment for a Specific Site City Park Property 1. Proiect Name: City of Sebastian — 630 Schumann Drive 2. Proiect Applicant: City of Sebastian 3. Requested Action: Change in Future Land Use from General Commercial (CG) to Institutional (INST) (Exhibit A, Maps) 4. Proiect Location: Section 17, Township 31, Range 39 Subject Parcel is 0.06 Acres, More or Less Parcel # 31391700002406000007.1 Legals: (Exhibit B, Application, Warranty Deed with Legals, Before and After Ariels) 5. Proiect Description: In September 2023, the City acquired the subject property through a voluntary land swap approved by Ordinance 0-23-09. The property consists of 0.06 acres, more or less, located east of Sebastian Historical Park, north of Schumann Drive, and west of lots 1, 2, & 3, Block 406, S/H Unit 7. Application has been made to amend both the land use and zoning to be compatible with the City of Sebastian long range plans. The land use amendment proposal is for Institutional (INST) which is compatible with the existing adjacent land use immediately to the west, which is also city owned property. Small Scale Amendments are defined by statute to be 50 acres or fewer and limited to FLUM changes for site -specific small scale development activities only. The State land planning agency does not require a review however the amendment does not become effective until 31 days after adoption by the local government. This amendment will be transmitted to the DEO upon adoption by COS city council. 6. Site Data a. Site Characteristics (1) Total Acreage: 0.06 acres (2) Current Land Use(s): Commercial General (CG) (3) Current Zoning: Commercial General (CG) b. Adiacent Properties Zoning Existinq Use Future Land Use North CG Commercial CG East CG Vacant Commercial CG West PS Park INST South RS-10 Residential Residential 7. Comprehensive Plan Consistencv a. Changed Conditions: The proposed change of land use is consistent with the current adjacent land uses. b. Land Use Comoatibilitv: The Institutional (INST) land uses are established to implement policies and performance standards for uses which are compatible with the City of Sebastian current and future land use along this corridor. Policv 1-1.3.8: Institutional Land Use Designation (INST). The Institution all and use designation is intended to accommodate existing public and semi-public services including: governmental administration buildings; places of worship, cultural or civic centers, and other similar public or private not -for -profit uses; public schools and not -for -profit educational institutions; 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; utilities; extensive open areas comprising major committed public and semi-public open spaces, including the Municipal Golf Course and Sebastian Municipal Airport; and other similar activities. The maxim intensity of this designation is 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. Conformance with Ordinances: The proposal is in conformance with applicable substantive requirements of the Code of Ordinances and Land Development Code, and no changes to these ordinances are required at this time due to this request. d. Adequate Public Facilities: Public facilities requirements for this proposed land use have been provided. e. Natural Environment: The parcel will remain as a passive park space. f. Economic Effect: No adverse economic effects will occur by this change in land use. g. Orderly Development: The proposed land use change is consistent with the Land Development Code and provides an orderly development pattern. h. Public Interest: The proposed change in land use does not appear to be in conflict with the public interest and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040 and Land Development Code. E 8. Conclusion: The requested land use change from CG to INST is consistent with the Future Land Use Map and staff supports a recommendation of approval to the City Council from the Land Planning Agency. Michelle Faulkner PREPARED BY 6/11/2024 DATE 3 EXHIBIT 131 M(X HOME OF PEUCAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5$18 ■ www.cityofsebastian.org I EVEI,(3]>ME\T REN.71EN1' .Al'I'LICA'I'ION ❑ Comp Plan Land Use Amendment (Large Scale) • Comp Plan Land Use Amendment (Small scale) ❑ Comp Plan Text Amendment ❑ Land Development Code Text Amendment I& Rezoning ❑ Annexation Project Name: Schumann Road Commercial Total Site Area: .07 acres Acres\SF Parcel ID: Portion of 31391700002000200000.0 Existing Address of Site: 630 Schumann Drive Proposed Address of Site: Proposed Use: Institutional Land Use: Institutional Zoning: PS Contact Name: Timothy F. Campbell, Esquire, Clark, Campbell, Lancaster, Workman & Airth, P.A. Address: 500 South Florida Avenue, Suite 800, Lakeland, Florida 33801 Telephone: 863-647-5337 Email: tcampbell@clarkcampbell-law.com Applicant (If not owner, written authorization (notarized) from owner is required) Owner: City of Sebastian Address: 1225 Main Street, Sebastian, Florida 32958 Telephone: 772-388-822$ Email: LFrazier@CityofSebastian.org Date Received: Fee Paid: Received by: QB3RUTU E rLSurveyor: LAddress: Telephone: Email: LEngineer: Joseph W. Schulke, P.E. I Address: 1717 Indian River Boulevard, Suite 201, Vero Beach, Florida 32960 [Telephone: 772-770-9622 Email: jschulke@sbsengineers.com Pre — Application Meeting Date: DESCRIPTION OF PROPOSED PROJECT: LThe request for a land use change for the subject parcel is related to a proposed land swap with the City of Sebastian. The change will Fallow the parcel to be conveyed from the City to be consistent with, and become a part of, the existing adjacent property owned by [—Schumann Road Indian River. SIGNATURE OF APPLICANT I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing t pe of work will be complied A ti,`'whether specified herein or not. The granting of approval does not presume o gig authority to violate or canc�� t provisions of any other state or local law regulating construction or the perfo�ma%e o onsi uctio . Timothy F. Campbell __ July 12. 2023 Print name Signature Date Notar% STATE OF: Florida COUNTY: Polk I hereby certify that on July 12, 2023, personally appeared before me, Timothy F. Campbell who is x personally known to me or has _ produced identification. Type of identification produced • a [SEAL] U — b Notary 'ublic 6 My Commission Expires: sg „800 Feb UW4ry =7 FORM B 3120240000600 RECORDED IN THE RECORDS OF RYAN L. BUTLER, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3671 PG: 970,1/4/2024 12:27 PM D DOCTAX PD $0.70 B3 This Instrument Prepared By: Timothy F. Campbell, Esquire Clark, Campbell, Lancaster, Workman & Airth, P.A. 500 South Florida Avenue, Suite 800 Lakeland, Florida 33801 tcamrbell a clarkcamnbell-law.com SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made this 191" day of November, 2023, between SCRUMANN ROAD INDLAN RIVER, LLC, a Florida limited liability company, whose address is 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801 (the "Grantor') and the CITY OF SEBASTLA1, a municipal corporation of the State of Florida, whose address is 1225 Main Street, Sebastian, Florida 32958 (the "Grantee"). WITNESSETH: That said Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration, receipt and sufficiency whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, conveys, and conforms unto the Grantee, all that certain land situate in Indian River County, Florida: Land described on attached Exhibit "A" incorporated herein (the "Property") A portion of parcel ID Numbers: 31391700002406000004.0, 31391700002000100000.0, 31391700002406000007.0 and 31391700002406000001.0 This conveyance is subject to: 1. Conditions, restrictions, limitations and easements of record, if any, but this provision shall not operate to re -impose the same. 2. Zoning and other governmental regulations. 3. Taxes and assessments for 2023 and subsequent years. Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; that Grantor hereby fully warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. SIGNATURE APPEARS ON SUBSEQUENT PAGE Special Warranty Deed Page 1 BK: 3671 PG: 971 Signed, sealed and delivered in our presence: t ess , Prid Name: 3US-hn k11e.SEQ i Print Name: STATE OF FLORIDA COUNTY OF COLLIER SCHUMANN ROAD INDIAN RIVER, LLC, a Florida limited liability company By- i awrence Maxwell, is Manager The foregoing instrument was acknowledged before me by means of M physical presence or ( ) online notarization, this A day of November, 2023, by Lawrence T. Maxwell, as Manager of Schumann Road Indian River, LLC, a Florida limited liability company, behalf of the company, ( ) who is personally known to me or ( has produced as identification. (NOTARY SEAL) {NAWN IIKNAEL OMAR NOOtry"k • We d ROdda t0au11titkn i NN 4SS578 My wawa, EVIM Oct is, 2027 Id�1e1 thw* NOW Notary Awn. Special Warranty Deed No - - blic Print Name:,�� My Commission Expires: Page 2 BK: 3671 PG: 972 EXHIBIT "A" LEGAL DESCRIPTION AND SKETCH A PARCEL OF LAND BEING A PORTION OF LOT 8, BLOCK 406, SEBASTIAN HIGHLANDS UNIT 7, AS RECORDED IN PLAT BOOK 6, PAGE 6, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 8 OF SAID PLAT; SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF SCHUMANN DRIVE; THENCE DEPART SAID NORTH RIGH-OF-WAY LINE AND RUN N25°28'10"E, ALONG THE EAST LINE OF SAID LOT 8, FOR A DISTANCE OF 105.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 8; THENCE RUN S69°42'41 "E, ALONG THE NORTH LINE OF SAID LOT 8, FOR A DISTANCE OF 28.11 FEET; THENCE DEPART SAID NORTH LINE AND RUN S25°28'10"W, FOR A DISTANCE OF 108.56 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID SCHUMANN DRIVE; SAID POINT ALSO BEING A POINT ON'A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 384.73 FEET, A CHORD BEARING OF N62°26'44"W, AND A CHORD LENGTH OF 28.01 FEET; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE AND NORTH RIGHT-OF-WAY LINE, FOR A DISTANCE OF 28.02 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY 2984.6 SQUARE/FEET OR 0.7 ACRES, MORE OR LESS Special Warranty Deed Page 3 S -- HOME OF PELICAN ISLAND Community Development Department Comprehensive Plan Amendment Land Planning Agency June 20, 2024 LPA Leqislative Public Hearinq — Recommendation to Citv Council Comprehensive Plan Future Land Use Map Amendment for a Specific Site Schumann Road Commercial 1. Project Name: Schumann Road Commercial — 600 Schumann Drive 2. Project Applicant: Schumann Road Indian River, LLC 500 South Florida Avenue, Suite 700 Lakeland, Florida 33801 3. Requested Action: Change in Future Land Use from Institutional (INST) to General Commercial (CG) (Exhibit A) 4. Project Location: Section 17, Township 31, Range 39 Subject Parcel is 0.07 Acres, More or Less Parcel # 31391700002000200000.1 Legals: (Exhibit B, Application, Warranty Deed with Legals, Before and After Aerials) 5. Project Description: In September 2023, Schumann Road Indian River, LLC acquired the subject property through a voluntary land swap approved by Ordinance 0-23-09. The property consists of 0.07 acres, more or less, located east of Sebastian Historical Park, north of Schumann Drive, and west of lots 1, 2, & 3, Block 406, S/H Unit 7. Application has been made to amend both the land use and zoning to be compatible with the City of Sebastian long range plans. The land use amendment proposal is for CG (Commercial General) which is compatible with the existing adjacent land use immediately to the west and south, which is also owned by Schumann Road Indian River, LLC. Small Scale Amendments are defined by statute to be 50 acres or fewer and limited to FLUM changes for site -specific small scale development activities only. The State land planning agency does not require a review however the amendment does not become effective until 31 days after adoption by the local government. This amendment will be transmitted to the DEO upon adoption by COS city council. 6. FA Site Data a. Site Characteristics (1) Total Acreage: (2) Current Land Use(s) (3) Current Zoning,: b. Adiacent Properties Zoninq North East: (County) West: South: Comprehensive Plan Consistencv 0.07 acres Institutional (INS) Public Service (PS) Existing Use CG Commercial CL Assisted Living Facility PS Park CG Vacant Commercial Future Land Use CG C/I INST CG a. Chanced Conditions: The proposed change of land use to a higher intensity of use, commercial, is consistent with the current surrounding land uses. This designation will provide suitable uses for potential future developments. b. Land Use Compatibility: The CG (General Commercial) land uses are established to implement policies and performance standards for general commercial uses which are compatible with the City of Sebastian current and future land use along this corridor. Policy 1-1.3.3: General Commercial Development (CG). The purpose of the 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 LDC. General Commercial designations are located in highly accessible areas, adjacent to major arterials. The maximum intensity is 1.0 FAR. C. Conformance with Ordinances: The proposal is in conformance with applicable substantive requirements of the Code of Ordinances and Land Development Code, and no changes to these ordinances are required at this time due to this request. d. Adequate Public Facilities: Public facilities requirements for this proposed rezoning have can be provided. The property is within the current service boundary for water/sewer and public safety. e. Natural Environment: An environmental assessment of the subject property will be required as part of site plan development application. All natural resource protection measures, including tree protection, wetlands, and listed species, will be required as part of the permitting and development process. P" f. Economic Effect: Since the property is no longer publicly owned, an additional 0.07 acres of commercial land area has been added to the tax base for the City of Sebastian. g. Orderly Development: The proposed land use change is consistent with the Land Development Code and provides an orderly development pattern. h. Public Interest: The proposed change in land use does not appear to be in conflict with the public interest and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040 and Land Development Code. 8. Conclusion: The requested land use change from Institutional to CG is consistent with the Future Land Use Map and staff supports a recommendation of approval to the City Council from the Land Planning Agency. Michelle Faulkner PREPARED BY 6/11 /2024 DATE 3 Cm of SEBASTIAN ;Wi� HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET s SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 P www.cityofsebastlan.org DEVELOP LENT REVIEtii' APPLICATION 0 Comp Plan Land Use Amendment (Large Scale) 2 Comp Plan Land Use Amendment (Small Scale) EXHIBIT 131 0 Comp Plan Text Amendment ED Land Development Code Text Amendment ■ Rezoning ❑ Annexation Project Name: Schumann Road Commercial Total Site Area: .07 acres AcreslSF Parcel ID: Portion of 31391700002406000007.0 ! Existing Address of Site: 600 Schumann Drive ! Proposed Address of Site: Proposed Use: Commercial Land Use: General Commercial Zoning: Commercial General Contact Name: Timothy F. Campbell, Esquire, Clark, Campbell, Lancaster, Workman & Airth, P.A. Address: 500 South Florida Avenue, Suite 800, Lakeland, Florida 33801 Telephone: 863-647-5337 Email: tcampbell@clarkcampbell-law.com Applicant (If not owner, written authorization (notarized) from owner is required) Owner: Schumann Road Indian River, LLC Address: 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801 Telephone: 863-272-4615 Email: lawrencemaxwell@hotmail.com Date Received: Fee Paid: Received by: FORM B WrA Surveyor: — LAddress: Telephone: Email: ] l Engineer: Joseph W. Schulke, P.E. [Address: 1717 Indian River Boulevard, Suite 201, Vero Beach, Florida 32960 Telephone: 772-770-9622 Email: jschulke@sbsengineers.com Pre — Application Meeting Date: DESCRIPTION OF PROPOSED PROJECT: The request for a land use change for the subject parcel is related to a proposed land swap with the City of Sebastian. The change will ' -J allow the parcel to be conveyed to the City to be consistent with the existing adjacent property owned by the City of which a portion of [this parcel would become a park (a part of an existing City park). SIGNATURE OF APPLICANT I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this t,�e of work will be complied ' t whether specified herein or not. The granting of approval does not presume t, giv, authority to viol te,'r can, el provisions of any other state or local law regulating construction or the perfort atu of ctioi Timothy F. Cam{ bell _ Jul,- 12 2023 Print name Signature Date Notarv: STATE OF: Florida COUNTY: Polk I hereby certify that on July 12, 2023, personally appeared before me, TimothyF. Cam bell who is X personally known to me or has produced identification. Type of identification produced: [SEAL] Not ry Pablic MIC14Et.1.F8.- CMMM on # 1111342144 5 My Commission Expires: Eta W FebtttstY 4, 202T 93 '1 U 3120240000601 RECORDED IN THE RECORDS OF RYAN L. BUTLER, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3671 PG: 974,1/4/202412:27 PM D DOCTAX PD $0.70 B3 This Instrument Prepared By: Timothy F. Campbell, Esquire Clark, Campbell, Lancaster, Workman & Airth, P.A. 500 South Florida Avenue, Suite 800 Lakeland, Florida 33801 tampbell «clarkcamlibel l-law_com SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made this 27th day of September, 2023, between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, whose address is 1225 Main Street, Sebastian, Florida 32958 (the "Grantor") and SCHUMANN ROAD INDIAN RIVER, LLC, a Florida limited liability company, whose address is 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801 (the "Grantee'). `VITNESSETH: That said Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration, receipt and sufficiency whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, conveys, and conforms unto the Grantee, all that certain land situate in Indian River County, Florida: Land described on attached Exhibit "A" incorporated herein (the "Property). A portion of Parcel ID Number: 31391700002000200000.0 This conveyance is subject to: 1. Conditions, restrictions, limitations and easements of record, if any, but this provision shall not operate to re -impose the same. 2. Zoning and other governmental regulations. 3. Taxes and assessments for 2023 and subsequent years. IT IS EXPRESSLY UNDERSTOOD and acknowledged by the GRANTOR and by the GRANTEE, by acceptance of this deed, that, in accordance with Section 270.11(3), Florida Statutes, the GRANTEE has petitioned the GRANTOR for the release of the undivided three -fourths interest in, and title in and to the undivided three -fourths interest in, all the phosphate, minerals, and metals that are or maybe in, on or under the said land and the undivided one-halfinterest in all the petroleum that is or maybe in, on or under the said land all as set forth in Section 270.11(1), Florida Statutes, and that the GRANTOR by this deed includes the conveyance of the GRANTOR'S interest in all phosphate, minerals, and metals that are or may be in, on or under the said land and interest in all petroleum that is or maybe in or on or under the said land. Special Warranty Deed Page 1 BK: 3671 PG: 975 B w Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; that Grantor hereby fully warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. IN WnNES S WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. SIGNATURE APPEARS ON SUBSEQUENT PAGE Special Warranty Deed Page 2 BK: 3671 PG: 976 Signed, sealed and delivered in our presence: ATTEST: Print Name: Jute Williams City Clerk Approved as to Form and Legal Sufficiency. Print Name: Jennifer Gbckcroft, Esq. City Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN, a municipal corporation of the State of Florida Print Name: Fred ,Tones Title: Mayor The foregoing instrument was acknowledged before me by means of (X) physical presence or ( ) online notarization, this �INay of September, 2023, by rka J.->Nes , as of the City of Sebastian, on behalf of the City, (V ) who is personally known to me or ( ) has produced as identification. (NOTARY SEAL) io«S+ CATHERINEE.7ESTA Cc�n�sion/HH0512$t Eou 225 ' P;^•• Ba,dedThuTrolfdAlOF99b�119` Special Warranty Deed Notary Publics i Print Name: LAn&-;t.-F� My Commission Expires: ;a bru&,-y uo 1.023� Page 3 BK: 3671 PG: 977 m EXHIBIT "A" LEGAL DESCRIPTION AND SKETCH A PARCEL OF LAND BEING A PORTION OF TRACT B, SEBASTIAN HIGHLANDS, UNIT NO.7, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 6, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT B, RUN S26036'30"E, ALONG THE EAST LINE OF SAID TRACT B, FOR A DISTANCE OF 33.83 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND: FROM SAID POINT OF BEGINNING, CONTINUE ALONG SAID EAST LINE, S26°36'30"E, FOR A DISTANCE OF 149.34 FEET TO THE NORTHEAST CORNER OF LOT 8, BLOCK 406, OF SAID PLAT; THENCE RUN N69°42'41 "W, ALONG THE NORTH LINE OF SAID LOT 8, FOR A DISTANCE OF 77.66 FEET; THENCE DEPART SAIDNORTH LINE AND RUN N25°28'10"E, FOR A DISTANCE OF 15.97 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 105.00 FEET, A CHORD BEARING OF N00034'05"W, AND A CHORD LENGTH OF 92.18 FEET; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 52°0428", FOR A DISTANCE OF 95.43 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY 0.07 ACRES OR 2977.43 SQUARE/FEET MORE OR LESS. Special Warranty Deed Page 4 MCI SEBASTLAN HOME OF PELICAN ISLAND Community Development Department Rezoning Amendment PZ Commission June 20, 2024 P&Z Quasi -Judicial Hearinq — Recommendation to Citv Council Land Development Code Rezoning Amendment for a Specific Site City Park Property 1. Proiect Name: City of Sebastian — 630 Schumann Drive 2. Proiect Applicant: City of Sebastian 3. Requested Action: Change in Zoning from Commercial General (CG) to Public Service (PS) (Exhibit A, Maps) 4. Proiect Location: Section 17, Township 31 South, Range 39 Subject Parcel is 0.06 Acres, More or Less Parcel # 31390700002406000007.1 (Exhibit B, Application, Warranty Deed with Legals, Before and After Ariels) 5. Proiect Description: In September 2023, the city acquired the subject property through voluntary land swap approved by Ordinance 0-23-09. The property consists of 0.06 acres, more or less, located east of Sebastian Historical Park, north of Schumann Drive, and west of lots 1, 2, & 3, Block 406, S/H Unit 7. Application has been made to amend both the land use and zoning to be compatible with the City of Sebastian long range plans. The properties zoning amendment proposal is for Public Service (PS) which is compatible with the existing adjacent zoning immediately to the west, which is also city owned property. 6. Site Data a. Site Characteristics (1) Total Acreaqe: (2) Current Land Use(s) (3) Current Zoninq: b. Adiacent Properties 0.06 acres Commercial General (CG) Commercial General (CG) Zoning Existing Use North CG Commercial East CG Vacant Commercial West PS Park South RS-10 Residential Future Land Use CG CG INST Residential 7. Comprehensive Plan Consistencv a. Chanced Conditions: The proposed change of zoning, public service, is consistent with the current adjacent zoning. b. Land Use Compatibilitv: The Public Service District Sec. 54-2-5.8 zoning is established to implement policies and performance standards for institutional uses which are compatible with the City of Sebastian's current and future zoning. C. Conformance with Ordinances: The proposal is in conformance with applicable substantive requirements of the Code of Ordinances and Land Development Code, and no changes to these ordinances are required at this time due to this request. d. Adeauate Public Facilities: Public facilities requirements for this proposed land use have been provided. e. Natural Environment: The parcel will remain as a passive park space. f. Economic Effect: No adverse economic effects will occur by this change in land use. g. Orderly Development: The proposed rezoning is consistent with the Land Development Code and provides an orderly development pattern. h. Public Interest: The proposed rezoning does not appear to be in conflict with the public interest and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040 and Land Development Code. 8. Conclusion: The requested rezoning from Commercial General (CG) to Public Service (PS) is consistent with the Zoning Map and staff supports a recommendation of approval to the City Council from the PZ Commission. Michelle Faulkner PREPARED BY 6/11 /2024 DATE 2 EXHIBIT B1 C"CF SEBAST HOME OF PEUCAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32956 TELEPHONE (772) 589-5518 . www.cityofsebastian.org DEVF.LOPNIEN7' REVII NN' APPLICATION ❑ Comp Plan Land Use Amendment (Large Scale) • Comp Plan Land Use Amendment (Small Scale) 0 Comp Plan Text Amendment 0 Land Development Code Text Amendment r Rezoning ❑ Annexation Project Name: Schumann Road Commercial Total Site Area: .07 acres Acres\SF Parcel ID: Portion of 31391700002000200000.0 Existing Address of Site: 630 Schumann Drive Proposed Address of Site: I Proposed Use: Institutional Land Use: Institutional Zoning: PS Contact Name: Timothy F. Campbell, Esquire, Clark, Campbell, Lancaster, Workman & Airth, P.A. Address: 500 South Florida Avenue, Suite 800, Lakeland, Florida 33801 Telephone: 863-647-533 7 Email: tampbell@clarkcampbell-law.com Applicant (If not owner, written authorization (notarized) from owner is required) Owner: City of Sebastian Address: 1225 Main Street, Sebastian, Florida 32958 Telephone: 772-388-8228 Email: LFrazier@CityofSebastian.org Date Received: Fee Paid: Received by: FORM B n L Surveyor: [Address: LTelephone: LEngineer: Joseph W. Schulke, P.E. Email: [Address: 1717 Indian River Boulevard, Suite 201, Vero Beach, Florida 32960 Telephone: 772-770-9622 Email: jschulke@sbse.roneers.com Pre — Application Meeting Date: DESCRIPTION OF PROPOSED PROJECT: [The request for a land use change for the subject parcel is related to a proposed land swap with the City of Sebastian. The change will r - allow the parcel to be conveyed from the City to be consistent with, and become a part of, the existing adjacent property owned by Schumann Road Indian River. SIGNATURE OF APPLICANT I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing tt pe of work will be complied ,',whether specified herein or not. The granting of approval does not presume gist• authority to violate or canc. t provisions of any other state or local law regulating construction or the perfo ian,c o ons ctio T Timothv F. Cam ,bell �; - Juh, 12 2023 Print name Signature - Date Notarv: STATE OF: Florida COUNTY: Polk I hereby certify that on July 12, 2023, personally appeared before me, Timothy F. C'amz hell who is X personally known to me or has _ produced identification. Type of identification produced- _ [SEAL] \J" Notary Public My Commission Expires: �Mj]►C,Hq,1E B. ELIASE�jN/� - 9y :rl _�`•• #HN342744 FORM B 3120240000600 RECORDED IN THE RECORDS OF RYAN L. BUTLER, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3671 PG: 970,1/4/202412:27 PM D DOCTAX PD $0.70 B3 Ibis Instrument Prepared By: Timothy F. Campbell, Esquire Clark, Campbell, Lancaster, Workman & Airth, P.A. 500 South Florida Avenue, Suite 800 Lakeland, Florida 33801 tcamrbell .a clarkcamnbell-law.com SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made this I day of November, 2023, between SCHUMANN ROAD INDIAN RIVER, LLC, a Florida limited liability company, whose address is 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801 (the "Grantor') and the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, whose address is 1225 Main Street, Sebastian, Florida 32958 (the "Grantee'). WITNESSETH: That said Grantor, for and inconsideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration, receipt and sufficiency whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, conveys, and conforms unto the Grantee, all that certain land situate in Indian River County, Florida: Land described on attached Exhibit "A" incorporated herein (the "Property"). A portion of parcel ID Numbers: 31391700002406000004.0, 31391700002000100000.0, 31391700002406000007.0 and 31391700002406000001.0 This conveyance is subject to: 1. Conditions, restrictions, limitations and easements of record, if any, but this provision shall not operate to re -impose the same. 2. Zoning and other governmental regulations. 3. Taxes and assessments for 2023 and subsequent years. Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; that Grantor hereby fully warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. SIGNATURE APPEARS ON SUBSEQUENT PAGE Special Warranty Deed Page 1 BK: 3671 PG: 971 Signed, sealed and delivered in our presence: AA i ess , Priit Name: -JL1%f% klj(�Sr5,4 s _ gNe:�� STATE OF FLORIDA COUNTY OF COLLIER SCHIIMANN ROAD INDIAN RIVER, LLC, a Florida limited liability company By: awrence .Maxwell, is Manager The foregoing instrument was acknowledged before me by means of (X) physical presence or ( ) online notarization, this A day of November, 2023, by Lawrence T. Maxwell, as Manager of Schumann Road Indian River, LLC, a Florida limited liability company, behalf of the company, ( ) who is personally known to me or ( has produced Fl w- &t- :i1-> L— as identification. (NOTARY SEAL) JNAVM Mi *ft OESEAA [km No M k • SUil d Florida Cwxju1w R NN 4SS57B 0 CWL hPim Od Is, 2027 low* Nadoa l Notary Assn. i blic r Print Name: ,f'�l�ALs.`t� My Commission Expires: Special Warranty Deed Page 2 BK: 3671 PG: 972 EXHIBIT "A" LEGAL DESCRIPTION AND SKETCH A PARCEL OF LAND BEING A PORTION OF LOT 8, BLOCK 406, SEBASTIAN HIGHLANDS UNIT 7, AS RECORDED IN PLAT BOOK 6, PAGE 6, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 8 OF SAID PLAT; SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF SCHUMANN DRIVE; THENCE DEPART SAID NORTH RIGH-OF-WAY LINE AND RUN N25°28'10"E, ALONG THE EAST LINE OF SAID LOT 8, FOR A DISTANCE OF 105.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 8; THENCE RUN S69042'41 "E, ALONG THE NORTH LINE OF SAID LOT 8, FOR A DISTANCE OF 28.11 FEET; THENCE DEPART SAID NORTH LINE AND RUN S25°28'10"W, FOR A DISTANCE OF 108.56 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID SCHUMANN DRIVE; SAID POINT ALSO BEING A POINT ON A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 384.73 FEET, A CHORD BEARING OF N62°26'44"W, AND A CHORD LENGTH OF 28.01 FEET; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE AND NORTH RIGHT-OF-WAY LINE, FOR A DISTANCE OF 28.02 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY 2984.6 SQUARENEET OR 0.7 ACRES, MORE OR LESS Special Warranty Deed Page 3 OYOF SEBASTIAN HOME OF PELICAN ISLAND Community Development Department Rezoning Amendment PZ Commission June 20, 2024 P&Z Quasi -Judicial Hearing — Recommendation to Citv Council Land Development Code Rezoning Amendment for a Specific Site Schumann Road Commercial 1. Proiect Name: Schumann Road Commercial — 600 Schumann Drive 2. Proiect Applicant: Schumann Road 500 South Florida Avenue, Suite 700 Lakeland, Florida 33801 3. Requested Action: Request is for a change from Public Service (PS) To Commercial General (CG) (Exhibit A, Maps) 4. Proiect Location: Section 17, Township 31 South, Range 39 Subject Parcel is 0.07 Acres, More or Less Parcel # 31391700002000200000.1 Legals: (Exhibit B, Application, Warranty Deed with Legals, Before and After Ariels) 5. 6. Proiect Description: In September 2023, Schumann Road Indian River, LLC acquired the subject property through voluntary land swap approved by Ordinance 0-23-09. The property consists of 0.07 acres, more or less, located east of Sebastian Historical Park, north of Schumann Drive, and west of lots 1, 2, & 3, Block 406, S/H Unit 7. Application has been made to amend both the land use and zoning to be compatible with the City of Sebastian long range plans. The properties zoning amendment proposal is for Commercial General (CG) which is compatible with the existing adjacent zoning immediately to the west and south. which is also owned by Schumann Road Indian River, LLC. Site Data a. Site Characteristics (1) Total Acreaqe: (2) Current Land Use(s) (3) Current Zoninq: b. Adiacent Properties Zoning North CG East: (County) CL West: PS South: CG 0.07 acres Institutional (0.6 FAR) Public Service (PS) Existinq Use Future Land Use Commercial CG Assisted Living Facility C/I Park IN Vacant Commercial CG 7. Comprehensive Plan Consistencv a. Chanced Conditions: The proposed change of zoning to a higher intensity of use, commercial, is consistent with the current surrounding zoning. Existing residential development adjacent to the property may be served by the commercial uses which are appropriate as this corridor continues to develop as a service area for the community. This designation will provide suitable uses for potential future developments. b. Land Use Compatibility: The CG (Commercial General District Sec 54-2-5.3.3) zoning is established to implement policies and performance standards for general commercial uses which are compatible with the City of Sebastian current and future zoning along this corridor. C. Conformance with Ordinances: The proposal is in conformance with applicable substantive requirements of the Code of Ordinances and Land Development Code, and no changes to these ordinances are required at this time due to this request. d. Adeauate Public Facilities: Public facilities requirements for this proposed rezoning can be provided. The property is within the current service boundary for water/sewer and public safety. e. Natural Environment: An environmental assessment of the subject property will be required as part of site plan development application. All natural resource protection measures, including tree protection, wetlands, and listed species, will be required as part of the permitting and development process. Economic Effect: The rezoning of this parcel will allow for the expansion of potential commercial uses in the future. g. Orderly Development: The proposed rezoning is consistent with the Land Development Code and provides an orderly development pattern. h. Public Interest: The proposed rezoning does not appear to be in conflict with the public interest and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040 and Land Development Code. 8. Conclusion: The requested rezoning from Public Service (PS) to Commercial General (CG) is consistent with the Zoning Map and staff supports a recommendation of approval to the City Council from the PZ Commission. Michelle Faulkner PREPARED BY 6/11/2024 DATE CROF SEBAST" HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ www.cityofsebastian.org DEVFLOP`I N'I' REVIEW APPLICATION ❑ Comp Plan Land Use Amendment (Large Scale) • Comp Plan Land Use Amendment (Small Scale) EXHIBIT B1 ❑ Comp Plan Text Amendment ❑ Land Development Code Text Amendment ■ Rezoning ❑ Annexation Project Name: Schumann Road Commercial Total Site Area: .07 acres Acres\SF Parcel ID: Portion of 31391700002406000007.0 Existing Address of Site: 600 Schumann Drive Proposed Address of Site: Proposed Use: Commercial Land Use: General Commercial Zoning: Commercial General Contact Name: Timothy F. Campbell, Esquire, Clark, Campbell, Lancaster, Workman & Airth, P.A. Address: 500 South Florida Avenue, Suite 800, Lakeland, Florida 33801 Telephone: 863-647-5337 Email: tcampbell@clarkcampbell-law.com Applicant (If not owner, written authorization (notarized) from owner is required) Owner: Schumann Road Indian River, LLC Address: 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801 LTelephone: 863-272-4615 Date Received: Fee Paid: Email: lawrencemaxwell@hotmail.com Received by: FORM B LSurveyor: t -- LAddress: (Telephone: Email: Engineer: Joseph W. Schulke, P.E. Address: 1717 Indian River Boulevard, Suite 201, Vero Beach, Florida 32960 Telephone: 772-770-9622 Email: jschulke@sbsengineers.com Pre — Application Meeting Date: DESCRIPTION OF PROPOSED PROJECT: The request for a land use change for the subject parcel is related to a proposed land swap with the City of Sebastian. The change will allow the parcel to be conveyed to the City to be consistent with the existing adjacent property owned by the City of which a portion of this parcel would become a park (a part of an existing City park). 1 SIGNATURE OF APPLICANT I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this t\ - �e of work will be complied w' i whether specified herein or not. The granting of approval does not presume t(I givr authority to vior te)'r can; el 1-rovisions of any other state or local law regulating construction or the perfor, anc,� of , ction Timothy_ F. Camp bell Jul • 12.2023 Print name Signature Date Notarv: STATE OF: Florida COUNTY: _Palk I hereby certify that on July 12, 2023, personally appeared before me, Timothy F. Campbell who is X personally known to me or has produced identification. Type of identification produced: 1 LA[SEAL] _Ir '� Noty P111zlic KH jAWN q My Commission Expires: Eqw FWXuNY 4, 2027 FORM B 3120240000601 RECORDED IN THE RECORDS OF RYAN L. BUTLER, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3671 PG: 974,1/4/202412:27 PM D DOCTAX PD $0.70 B3 This Instrument Prepared By: Timothy F. Campbell, Esquire Clark, Campbell, Lancaster, Workman & Airth, P.A. 500 South Florida Avenue, Suits 800 Lakeland, Florida 33801 tampbell a.clarkcarn bell-law.com SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made this 27th day of September, 2023, between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, whose address is 1225 Main Street, Sebastian, Florida 32958 (the "Grantor") and SCHUMANN ROAD INDIAN RIVER, LLC, a Florida limited liability company, whose address is 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801 (the "Grantee"). W=SSETH: That said Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration, receipt and sufficiency whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, conveys, and conforms unto the Grantee, all that certain land situate in Indian River County, Florida: Land described on attached Exhibit "A" incorporated herein (the "Property"). A portion of Parcel ID Number: 31391700002000200000.0 This conveyance is subject to: 1. Conditions, restrictions, limitations and easements of record, if any, but this provision shall not operate to re -impose the same. 2. Zoning and other governmental regulations. 3. Taxes and assessments for 2023 and subsequent years. IT IS EXPRESSLY UNDERSTOOD and acknowledged by the GRANTOR and by the GRANTEE, by acceptance of this deed, that, in accordance with Section 270.11(3), Florida Statutes, the GRANTEE has petitioned the GRANTOR for the release of the undivided three -fourths interest in, and title in and to the undivided three -fourths interest in, all the phosphate, minerals, and metals that are or may be in, on or under the said land and the undivided one-half interest in all the petroleum that is or may be in, on or under the said land all as set forth in Section 270.11(1), Florida Statutes, and that the GRANTOR by this deed includes the conveyance of the GRANTOR'S interest in all phosphate, minerals, and metals that are or maybe in, on or under the said land and interest in all petroleum that is or maybe in or on or under the said land. Special Warranty Deed Page 1 BK: 3671 PG: 975 B4 Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; that Grantor hereby fully warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. IN WITNES S WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. SIGNATURE APPEARS ON SUBSEQUENT PAGE Special Warranty Deed Page 2 BK: 3671 PG: 976 Signed, sealed and delivered in our presence: ATTEST: / Print Name: Jeanette Williams City Clerk Approved as to Form and Legal Sufficiency. Print Name: Jennifer Cockcroft, Esq. City Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN, a municipal corporation of the State of Florida By: Print Name: Fred ,Tones Title: MaYar The foregoing instrument was acknowledged before me by means of (X) physical presence or ( ) online notarization, this 27" iay of September, 2023, by rke. , �,E as ,1.1,4 ./02 of the City of Sebastian, on behalf of the City, (X) who is personally known to me or ( ) has produced as identification. (NOTARY SEAL) y : CATHERINEE.TEM Cauofi�sion#HH M01 '� = ExppesFepNapt16,�025 s1.5;, BuidedTlruTrgfdnyno�lpfL98�1018 Special Warranty Deed Notdry Public Print Name: LAB •� My Commission Expires: bruu,, V ZoZ5� Page 3 BK: 3671 PG: 977 EXHIBIT "A" LEGAL DESCRIPTION AND SKETCH A PARCEL OF LAND BEING A PORTION OF TRACT B, SEBASTIAN HIGHLANDS, UNIT NO.7, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 6, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT B, RUN S26°36'30"E, ALONG THE EAST LINE OF SAID TRACT B, FOR A DISTANCE OF 33.83 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND: FROM SAID POINT OF BEGINNING, CONTINUE ALONG SAID EAST LINE, S26°36'30"E, FOR A DISTANCE OF 149.34 FEET TO THE NORTHEAST CORNER OF LOT 8, BLOCK 406, OF SAID PLAT; THENCE RUN N69°42'41 "W, ALONG THE NORTH LINE OF SAID LOT 8, FOR A DISTANCE OF 77.66 FEET; THENCE DEPART SAID NORTH LINE AND RUN N25028'10"E, FOR A DISTANCE OF 15.97 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 105.00 FEET, A CHORD BEARING OF N00034'05"W, AND A CHORD LENGTH OF 92.18 FEET; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 52°04'28", FOR A DISTANCE OF 95.43 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY 0.07 ACRES OR 2977.43 SQUARE/FEET MORE OR LESS. Special Warranty Deed Page 4