HomeMy WebLinkAbout1994 Annexation DisputeRETUILN TO:
City of Sebastian
City Clerk's Office
1225 Main Street
Sebastian, FI 32958
IN THE RECORDS Of
JEFFREY K. BARTON
CLERK CIRCUIT COURT
INDIAN RIVER 00, FLA
City of Sebastian
1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 0 FAX (561) 589.5570
FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged,
CITY OF SEBASTIAN, I NDIAN RIVER COUNTY, FLORIDA, hereby releases
Name: SE:IIBLER MARLNiA PTNRS LTD.
Address: P.O. BOX 1796 - MELBOURNE, FLORIDA 32902-1796
and the property described as: Parcel Ill#31-30-39-00001.0000.00005.I
COM AT A PT ON THE W R!W LINE OF OLD US IrAN I U11F.RE SAME I.N f MSEUTS SBDRI'LINE OF LOT 5. MATE OF
AUGUST PARE, RUN IN A NWLY DIRECr10N AIANG SAID W R!WLINE FORA DIST OF St(* FT TO A Pr. T (MORE)
fian ne special asses„ ern lien included in the assessment roll adopted by Reaslution No 9F-n5 and recorded in O.R.
Book IQ 7, Page j&,1, of the public records of Indian Ricer Count\, Florida.
EXECUTED be the City Maz_ tagLT am behalf of the City Council of the City of Sebastian, Indian Ricer
Couoh, Florida, this _ day of r) & A/ .20
CITY OF SEBASTIAN CITY COUNCIL
SEBASTYAN. FLORIDA.:gVJDs}yjCIVERCOUNTY
Terim ence oe. Gn Manager
Approved for Assessment Lien:
iA%a4 f ' ✓K ect-1—
F Mark Mason. Finance Due:hv
STATE OF FLORIDA
COI-NTY OF MDIAN RIVER
SWORN T AND UBSCRIBED before me this � day of 2000, by
/- as Ciw• Manager of the City of Se sCouncil. who eaeeutoi
same on behalf of said Co cA He is personally km%m to in .
Nolan' Public
Printed Name "AAA) SA,do 444
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IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT
IN AND FOR INDIAN RIVER COUNTY, FLORIDA.
SEMBLER MARINA PARTNERS, LTD.,
Plaintiffs,
VS.
ROBERT J. SKIDMORE, INC.,
Defendant
and
ANGLER'S OBSESSION COMMERICIAL FISHING
CORP. and REASON, LIGHT & TRUTH CHURCH
FOUNDATION,
Counterclaimants/Intervenors.
CASE NO. 98-0120-CA-13
ASSIGNED TO JUDGE KENNEY
STATE OF FLORIDA.
TO ALL AND SINGULAR THE SHERIFF'S OF THE STATE OF FLORIDA:
YOU ARE HEREBY REQUIRED TO SUMMON:
CITY OF SEBASTIAN, RECORDS CUSTODIAN
1225 Main Street, Sebastian, Florida 32958
to personally be and appear before the HONORABLE SCOTT M. KENNEY, Judge of the said Court, in his
chambers at the INDIAN RIVER COUNTY COURTHOUSE, 2000 Sixteenth Avenue, Vero Beach,
Florida, on Monday, May 8, 2000, at 9:00 A.M. to testify in the above styled cause wherein SEMBLER
MARINA PARTNERS, LTD., is the Plaintiff, ROBERT J. SKIDMORE, INC., is the Defendant and, ANGLER'S
OBSESSION COMMERCIAL FISHING CORP. and REASON, LIGHT & TRUTH CHURCH FOUNDATION, are
the Counterclaimants! Intervenors.
If you fail to appear you may be in contempt of Court.
You are subpoenaed by the following attorneys and unless excused from this Subpoena by these
attorneys or the Court you shall respond to this Subpoena as directed.
WITNESS my hand and the seal of said Court this rj_Zy of ay, 2000.
By:4rSQ6[kE
ROBERT J�RMXN,
ROBERT J. GORMAN, P.A. Fla. Bar No 224286
Attorneys for Defendant/Counterclaimants
1209 Delaware Avenue
Fort Pierce, Florida 34950
(561)465-5311 E S Z Wd S HW OODZ
N8310 J 110 JO 301JAO
NVIISV93S JO ADO
03AI303U
THIS IS THE FIRST DAY OF THE TRIAL PERIOD FOR THIS CASE. WE ARE NOT
CERTAIN AS TO WHEN YOU WILL BE CALLED. THEREFORE, WE ASK THAT
YOU CALL THIS OFFICE AT (561)465-5311 AND SPEAK TO CONI TABOR OR KIM
BRIGLIA WHEN YOU HAVE RECEIVED THIS SUBPOENA SO AS TO FURNISH
TELEPHONE NUMBERS WHERE YOU CAN BE REACHED SO AS TO GIVE YOU
AS MUCH NOTICE AS POSSIBLE AS TO THE DATE AND TIME YOU WILL
TESTIFY.
IN ACCORDANCE WITH THE AMERICANS DISABILITIES ACT, PERSONS
NEEDING SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS
PROCEEDINGS SHOULD CONTACT COURT ADMINISTRATION NOT LATER
THAN SEVEN (7) DAYS PRIOR TO THE PROCEEDINGS AT 229 COURTHOUSE
ADDITION 218 SOUTH SECOND STREET, FORT PIERCE, FLORIDA 34950
(407)468-1472; 1(800)955-8771 (TDD), OR 1(800)955-8770 (V), VIA FLORIDA
RELAY SERVICE.
FRESE, NASH & TORPY, P.A.
ATTORNEYS AT LAW
GARY B. FRRse r 930 S. HARBOR CITY BLV .
CHARLCH IAN NASH
VINCENT G. TORpY. JR. i SV24'R D05
MCHARD E. TORPY ME OURNE. FI.ORmA32901
GREDDRY S. HANSEN s
J. PATRICH ANDERSON I4O711♦84.3300
LAURA L. ANDERSON FAX (407) 951-3741
CHARLES A. SCHILLINOY.R
STW11EN P. HEUSTON tBOARD CSRTIp2D LY TAXATION
*BOARD CERTIFIED IN WIT IA.
WILLIAM A. GRIMM TRUE" & FBTATFS
OF COUNSEL S BOARD CERTIFIED IN CML TRIAL LAW
CRIS BATES FOSTER
OF COUNSEL
June 24, 1994 / ^
Mr. Joel L. Koford ' ex to �I
City Manager ? zb!
City of Sebastian
1225 Main Street
Sebastian, FL 32958 Ng
Re: Sebastian Annexation/Sembler Property
Our File No. 882489.3018
Dear Mr. Koford:
Our office has been requested to research the probability of a
successful deannexation procedure for the above -referenced
property. From our knowledge of the record, the original
annexation of this property, in 1957, was conducted in accordance
with Section 171.04, Florida Statutes (1957), governing annexation
procedures at the time. Accordingly, we find no legal flaw with
the process used for annexing the property in question.
State law creates a presumption that the annexation was reasonable
and necessary. The burden will be placed upon the objector to
convince a court that the proceedings were illegal, unreasonable,
or unnecessary. Case law indicates that even though annexed land
was unimproved and undeveloped and did not receive mul-,ioipal
services, the annexation will be deemed to be reasonable in cases
where the owner paid no taxes on the property. In our case, the
Sembler property fits precisely into this situation. Accordingly,
based upon the facts that I am aware of, the annexation of the
Sembler property continues to be enforceable at this time.
Of course, if the owner of the land desires, he can petition
council for deannexation of this property. He would have to
demonstrate the required elements of the Florida Statutes to
qualify. Even if the owner of the land could meet the requirements
of Florida Statutes for deannexation, the final determination
regarding the deannexation is in the sole discretion of the City
Council.
Mr. Joel L. Koford
City Manager
June 24, 1994
Page -2-
If you need further clarification or information regarding this
issue, please let me know.
Very truly yours,
FRESE, SH/& TORPY, P.A.
Char es Ian Nash
City Attorney
CIN/lb
I
May 16, 1994
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
Charles Ian Nash
Frese, Nash & Torpy, P.A.
930 South Harbor City Boulevard
{ Riverside Center - Suite 505
r Melbourne, FL 32901
RE: Sembler Property/Annexation
E Dear
In response to your May 2, 1994 letter to the Director of
Community Development requesting information regarding the legal
description of the City of Sebastian as filed with the Department
of State, this office contacted the State of Florida Department
of State, whereupon we were directed to the Florida State
Archives.
We were informed by Chris Myers of the Florida State Archives
that all municipal annexation ordinances in the Archives begin in
1970. Chapter 156, annexing certain properties into the City of
Sebastian, was adopted December 9, 1957.
Further, the documents submitted to you in March relative to the
annexation are the only documents we have on file in City Hall or
in storage at Florida Data Bank.
If I can be of any further assistance, please let me know.
Sincerely,
Kathry.
City Cl rk
KOH/sam
O'Halloran, CMC/AAE
cc: City Manager
Director of Community Development
R E;-N-_& TORPX, P.A.
'•�``,AT
n'i-g'• T LAW
*
,
GAR; B. FRERa t
CHARLES
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�_ '+ u'
930 S. HARBOR CITY BLVD.
IAN NASH
VwcRNT G. TORrY, JR. t
{A. N
y a
SUITE 505
RICHARD E. ToRry
GREOORY
TA
(� (� _
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MRLBOUR Z, FLORroA32901
S. HAN9EN t
J. PATRICR ANDERSON
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(4071 984-.9AD9
LAURA L. ANDRRBON
VAX14071 961$741
CDARLER A. SCIIILI.INOF.R
STEPIIEN P. HEURTON
Q
tBOARD CERTInUD m TAEATION
*BOARD
CERTIFIED HI W,LIs,
WILLIAm A. GRIMM
sL
l
8` n 4�
TRURTE & ESTATES
or COUNREL
41 9V
;BOARD CERTIFIED IN CML TRIAL LAN
CRIB BATH FOETRR
OF COUNSEL
May 2, 1994
VIA TELECOPIER 589-5570
AND U.B. MAIL
Mr. Bruce Cooper, Director
of Community Development
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
RE: Sembler Property/Annexation
Our File No.: 94-3018
Dear Bruce:
Please advise me whether the parcel of real property which is the
subject matter of the referenced dispute is contained within the
legal description of the City of Sebastian as filed with the
Florida Department of State. Although this factor may not be
determinative as to the legal impact of the City ordinance enacted
by the City Council on December 10, 1957 (Chapter No. 156), such
information still could be deemed to have some relevancy in
resolving this matter.
Very truly
FRES7,NH/& TORPY, P.A.
.x�Charn Nash
City Attorney
CIN/bl
Regular City Council Meeting
March 23, 1994
Page Four
94.093 B. Chamber of Commerce - Continued Efforts for
Chamber and City to Work Together
Kevin Crowe, President, Chamber of Commerce,
requested the appointment of a non -voting City
representative to the Chamber Board of Directors,
thanked Councilmembers Damp and Freeland for their
attendance at the real estate expo on March 12, and
cited upcoming projects that will require cooperation
with the City.
Mayor Firtion volunteered to be the alternate
representative and Mr. Freeland volunteered to be the
regular representative.
10. CITY ATTORNEY MATTERS
The City Attorney read a letter from Charles Sembler
disputing an annexation from 1957, and sought
direction from City Council. (see attached)
MOTION by Damp/Corum
I make a motion that we authorize'Mr. Nash
to look into the Sembler matter.
Mr. Oberbeck suggested that staff look into it first
and then contact the City Attorney if needed.
Motion and second were withdrawn.
MOTION by Damp/Corum
I make a motion that Mr. Cooper will then take
over and with his authority do the recommendation as
he sees fit.
ROLL CALL: Mr.
Freeland
- aye
Mr.
Oberbeck
- aye
Mayor
Firtion
- aye
Mrs.
Corum
- aye
Mrs.
Damp
- aye
Mw�M�[il��7f 7 7i�i►�.��
The City Attorney briefly reported on the Julian
property and said he would prepare an update for the
next meeting.
4
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 0 FAX (407) 589-5570
December 6, 1993
Mr.. Charles Day Sembler
P. O. Box 780278
Sebastian, FL 32958-0278
RE: Parcel 00-30-38-00001-0300-00016.0
Dear Mr. Sembler:
15 Aces
In recent. weeks we have been reviewing the boundaries of the
City of Sebastian in conjunction with Indian River County.
It has come to my attention that your above referenced parcel
which is described as Lots 16, 27 and 28 of Section 30 in
Fleming Grant was part of an annexation ordinance, Chapter
156, and became part of the City of Sebastian on December 10,
1957. However, both the City and County boundary maps
indicate your property as being outside our City limits.
At this time I would like to correct this situation. I am
enclosing a copy of Chapter 156 for your review, along with a
copy of the Indian River County plat map. If you have any
information to the contrary, please let me know.
Sincerely,
Bruce C rpoer
Director of Community Development
BC:jk
CC: J. C. Maasch
I.R.C. Property Appraisers Office
PHONE: (305)»
(305) 589-5142
#emhler unb femhler,Jnr.
INDIAN RIVER DRIVE - P. O. BOX 780278
SEBASTIAN. FLORIDA 32978-0278
March 2P, 1994
CITY OF SEBASTIAN
CITY HALL
MAIN STREET CJ?K,S
SEBASTIAN, FLORIDA 32958 ATTENTION CITY CLERK Dear City Clerk;
PLEASE FORWARD THIS TO ALL COUNCIL MEMBERS FOR ACTION.
CC ` CA,�
PERMIT 110 `f78
RE: CHAPTER 156 ANNEXING ? of lots 16-27-28 Section 30
FLEMING GRANT. These porperties were acquired on February
1968 by my father. They have been zoned by Indian River
County and the various activities conducted by us have been
subject to Indian River County regulations, not the City of
Sebastian's regulations. For over 21 years, you have failed
to provide services, collect taxes, or challenge the public
notices of Indian River County.
Please remove the above lots from your city records at this
time.
Very truly yours,
CHARLES DAY SEMBLER
CC/TO IRC BOARD OF COUNTY COMMISSIONERS
PHONE: (305)AINNO!
(305) 589-5142
#embler anb #embler, Jnr.
INDIAN RIVER DRIVE - P. O. BOX 780278
SEBAST IAN, FLORIDA 32978-0278
MARCH 2t, 1994
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY
ADMINISTRATION BUILDING
1840 25th STREET
VERO BEACH, FLORIDA 32960-3394
Dear Commissioners;
I recently learned that on December 10, 1957, the City of
Sebastian annexed ? lots 16-27-28(Mr. Collins, ESQ.) of
your staff has looked over the ? Chapter 156 owned by my
father and then myself since February 2, 1968(21 years).
PERMIT NO. 116
My father has no knowledge of this annexation? nor did I and
all activities, zoning ,etc have been regulated by you.
No city taxes have been assessed or services given.
You help and cooperation is requested to keep this 15 acres
in unincorporated ROseland, not in the City of Sebastian.
Very truly yours,
RECEIVED
CHARLES DAY SEMBLER MAR 21 1994
r CITY CLERK'S
OFFICE
CC/TO CITY OF SEBASTIAN CITY CLERK �
CHAPTER NO. 154,
AN ORDINANCE DECLARING THE INTENTION OF
THE CITY OF SEBASTIAN TO ANNEX A TRACT
OF LAND AND EXPRESSING THE DESIRE OF SAID
CITY TO CHANGE ITS TERRITORIAL LIMITS BY
THE ANNEXATION OF AN UNINCORPORATED TRACT
OF LAND LYING CONTIGMUS THERETO AND WITH-
IN INDIAN RIVER COUNTY FLORIDA: „
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA*
SECTION I. That the City of Sebastian does herewith
declare its intention to annex the following described property,
and the City does herewith express its desire to change its terri-
itorial limits by the annexation of an unincorporated tract of land
dying wntiguous thereto and within Indian River County, Florida,
which said lands are described as follows:
Lots 8 9, 16 aU 18 to 60, both inclusive
according to Plat of Wayregan in Section 36
of Fleming Grant, as per plat thereof re—.
a corded in Plat Book 1 pa a 179 St, Lucie
County Records, and ail of Woodlawn Subdivision
according to plat filed in the office of the
Clerk of the Circuit Court of Indian River
County, Florida in Plat Book 2, page 30, said
Woodlawn Subdivision also being known as the
North 10.25 acres of Government Lot 1, Section
1, Township 31 South, Range 38 East,
That the City has determined that'said above described tract of
land contains less than ten (10) registered voters.
SECTION II. That the City of Sebastian does herewith
declare its intention to annex the above described tract of land
to the City of Sebastian in order that the same shall be within
the corporate limits of the City of Sebastian at the expiration
of thirty (30) days from the approval of this Ordinance.
SECTION III. All Ordinances or parts of Ordinances
in conflict herewith or inconsistent with the provisions of this
Ordinance are hereby repealed.
SECTION IV. This Ordinance shall be in full force and
effect immediately upon its passage and approval by the Mayor, or
upon its becoming a law without such approval.
CoWNz1YBWALK �. I hereby certify that the foregoing Ordinance was duly
T.v.no esxex. PlW1vn
-I-
passed by the City Council of the City of Sebastian on the 7th
Iday of October, 1957.
President, City Counc 1
/ I /
Attest: `
' / I Cty Clerk
v
(To the Mayor of the City of Sebastian, Florida:
I hereby certify that the foregoig ordinance was
'regularly passed by the City Council on the 7th day of October,
1957. l(/�lw" ��Qj, C IAerk
I.. CI..
CORNZOV3 T. WALKER
R.OR..�ew.i O V�Lawa
V ¢Re P.cN. Itw�e.
The foregoing ordinance approved by me this 7th day of
October, 1957.
Mayor
I certify that I posted a true copy of the above and
foregoing Ordinance at the door of the City Hall of the City of
Sebastian, Florida, on the 7th day of tober, 1957.
r
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City el.rb
'•inleMr 10. 17, 91, 91, I991, i
' a • Special Meeting 00tbber D,1067 `-i ��' re•
sleeting was called to order by President Semblor..+- „*
Those present were Mayor T,ylor,Y16sident Semblor and 'Counbilmon Bm'80h6peChoesQ ,
brehmer and E111nge9n.Atty.Wajkor also present. .
This meeting was called for the following purposed: Tan Ordinance on the establish-
ment of a bulkhead line within the Limits of the City of Sabantlan.An Ordlmno* d*-
claring the intention of the City of Sebastian to Annex an unincorporated treat of
Land lying contiguous thereto and within Indian River County Florida.
Clerk read Ordinance d155 an Ordinance mtitlld:AN ORDINUCE LOCATING AND FIXING
BULEREAD LINE OFY SHORE FROM ANY EXISTING LANDS BORDERING ON.JND. BEING IN -THE NAVIGABLE
HATERS OF THE CITYb OF SEBASfIAN)PROHIBTTING ANY FILL OR ESS'ENSION,OF.L►ND BEYOND SAID
BULEHEID LINE;REQUIRING APPLICATIONS FOR PERMISSION AND APPROVAL FROM PROPER AUTHORITIES
BEFORE ANY FILLING OR DREDGING MAY BE MADE IN SUCH WATERS AND OTHERWISE REGULATING THE
FILLING DREDGING DEVELOPMENT AND USE OF THE LANDS COVERED BY SAID WATERS AND PROVIDING
PENALTIIS FOR TBk VIOLATION HEREOF:
Upon motion by Mrs.Chossar,momd*d by Councilman Ellingson and unanimously carried,
said Ordinanoo was read the first time in full.
Upon motion by Councilman Ellingmn,s000nded by sere. Obsemr,Sootlon Twa of the above
mentioned Ordinance was altered to read as follows: #ogiauing on the south boundary line
of section d ¢ownshlp 51 South,nange 39 Eadt,whioh 1'd the South boundary df the City of
Seb"tionat a point E50 ft. East of the oenter�lina of State road #5,alsc mown as US
Highway d l,or Riverside Avenuoithenoo Northerly parallel and oonoontrio to the Sector
line of mid highway to a point where mid line would i3iterseet the Worth boundary line
of the City of Sebastian.
Upon motion by Mrs.Chesser,s000nded by Councilman Ellingson and unanimously oarri*d,
said Ordinance was read the Second time by Title only.
Upon motion by Councilmen Br*hmor,s oended by Councilman Ellingson and unanimously
carried,said Ordinance was read the third time try i'itle only and placed upon its final
passage.
rho roll was oa sled upon the final passage of Said Ordinance and the results wars
as follows:
Ayes: Counailmm Sombler,Bonsehop,Choaeer,Ellingeen and erabmar.
Nays: None.
Clerk read an Ordinance A 154 entitled: An Ordinance deblaring the intention of the
Cl*y of Sebastian to annox a treat of land and expressing the desire of said City to change
its territorial limits by the annexation of an =Incorporated treat of land lying contiguous
thereto and within Indian River County, Florida.
Mrs.Ch*sser made a motion seomded by usonollnen Ellingson end dnanimoubly carried to
read said Ordinance the first time in full.
upon motion by councilman Ellings►n,s000ndod by Jars 4hosaorand unanimously carried,
said urdlnanow was read the eo cond time by Title only.
Upon motion by xa,s.Ch*ssor,s000ndad by Councilman brehmer and unanimously carried,
said urdinanow. was read the third time by Title only and placed upon its final passage.
The roll was called upon the final passage of said Ordinance andthe results worm
as follows: '
Ayes:•Counollman S*mbl*r,Sonsohop, ChessorisIlingeen and arahmer.
Nays: liens.
hrs. Chesser made ■ motion for the City Council to act upon urdinanam !? 153,14amely;
— A n vrdlnanoe vaoating thirty foot right-of-way of Old Dixie How.9eoondod by Councilman
rllingsen.
1'he roll was called and the results were as follows: '
Ayes: Councilmen Brehm*r.
sows: none.
Clerk rend Ordinance d 153 ontitled:.:n Ordlns.noo "citing thirty foot Ri&t-of-Toy
of, Uld •:ixio!Iiginay lying bntweon °10r'l4a East Coast Railway Ri&t-of-flay and South Central
*'' n4; X.d t'o-th c. Rlook S,Edgewater Park,A Subdivision of the City of "obastlax�,Flvri
Mrs. Chesser mad, a motior,seconded by Councilman E111nga6n end unanimously carried to
road said urdlnanoo first time 1n full.
upon motion by Mrs.uheeeer,moanded by Oounoilmen Ellingson and unanimously carried,
said vrdinanoe vas Toad the Second time by 'Title only.
upon notion by Uouroilman nrehmar,moonded by Ccanoilmon Ellingaft and unanimously
carrled,said Ordinance was road the third time by Title only and placed upon its final
passage.
.he roll was called upon the final passage of mid Ordinance mad the results ware as
follows:
Ayes: Counoilmen Sembl+r,aonsob ep,Ohees*r,Ellingeon and drebmer.
Nays: None
Mr.rinn*gan presented Mackie S/D Plat to the Council and "quested the Council to
act upon It.
Councilman Brahrer made a motion the Council disuse the abowe mentioned Plat and
act upon it immodi It*ly,m corded by Mrs.Cheener.Carried. e
The roll was mlled and the results were IS follows: -
Ayes: Councilman 9amblex,Bmeah ep_,Ch�naer,Ellingma and 9rehmbra
Howe: Mon*. ...<:
LAW or TeWn
CCRRELIU7 7. ALRER
v.erna�ean emwu.
me .ucx. n.eneA
«._
AN ORDINANCE ANNEXING THE LANDS HERE-
INAFTER DESCRIBED TO THE CITY OF SEBASTIAN
AND CHANGING THE TERRITORIAL LIMITS OF
SAID CITY BY THE ANNEXATION OF SAID UN-
INCORPORATED TRACT OF LAND LYING CON-
TIGUOUS THERETO AND WITHIN INDIAN RIVER
COUNTY, FLORIDA, AND TO REDEFINE THE
CORPORATE LIMITS OF THE CITY OF SEBASTIAN
SO AS TO INCLUDE SUCH ANNEXED TRACT OF
T,AND
BE IT ORDAINED BY THE MAYOR AND CITY Cr)UNCIL OF THE CITY OF
SEBASTIAN, FLORIDA:
SECTION I. That the City of Sebastian did declare its
intention to annex into the limits of the City of Sebastian the
property hereinafter described by the adoption of an ordinance of
said City, which ordinance was finally adopted and approved on
the 7th day of October, 1957, and which said ordinance was there-
upon published once a weekfor four consecutive weeks in the Indian
River News, a newspaper of general circulation published in the
City of Sebastian, Indian River County, Florida, in the issues
thereof of October 10, 17, 24 and 31, 1957, as will more fully
appear by sworn proof of publication thereof filed in the records
of said City, and said City does herewith find and determine that
no notice has been served upon the Mayor of said City of any
petition filed in the office of the Clerk of the Circuit Court of
Indian River County, Florida, objecting to said annexation, and
does herewith find that no petition fias been filed in said Court
objecting to said annexation, as will more fully appear by certi-
ficate of said Clerk of said Court filed with said City and that
more than thirty days have expired from the approval of said
Ordinance,
SECTION II. That the City of Sebastian does herewith
annex into the territorial limits of said City the following .
described unincorporated tract of land lying contiguous thereto
in Indian River County, Florida, to -wit:
Lots 9,QJ0, 16 and 18 to 60, inclusive, according
to Plat of Section 30 of Fleming Grant as per
plat thereof recorded in Plat Book 1, page 179,
St. Lucie County Records.
-I-
0
wa QMCC`
CORREUU! T. WALKER
mo MUCH. McHm
Sebastian,
All of Woodlawn Subdivision according to
plat filed in the office of the Clerk of
the Circuit Court of Indian River County,
Florida in Plat Book 2, page 30; said sub-
division being also known as the North
10.25 acres of Gosrnment Lot 1, Section 1,
Township 31 South, Range 39 East.
SECTION III. That the corporate limits of the City of
Florida are herewith redefined and shall embrace and
include all that territory situated and being in Indim River
County, Florida, described as follows, to -wit:
Begin where the Southeast corner of Lot 8
of Hudson's Subdivision intersects with the
West shore of the Indian River in Section 31,
Township 30 South, Range 39 East; thence run
West on the South line of Lot 8 of Hudson's
Subdivision to the Northeast line of Fleming
Grant; thence run Northwest along the Fleming
Grant line to the most Northerly corner of
Wauregan Lot No. 26; thence Southwesterly
along the Northwesterly line of said Wauraon
Lot 26 to the East right-of-way line of
Wauregan Avenue; thence Southeasterly along
the East right-of-way TLhe of Wauregan Avenue
as extended to the Northerly boundary of Oeean
Breeze Heights Subdivision; thence run in•a
Southwesterly direction along the North line
of Ocean Breeze Heights Subdivision to the East
right-of-way line of the Florida East Coast
Railway; thence run West at right angles with said
right-of-way 100 feet to.the West line of the
Florida East Coast Railway right-of-way; thence
run Southeasterly along and following the West line of
the Florida East Coast Railway right-of-way to
the intersection of the North line of Lot 2
of A.A. Berry's Subdivision of part of Section
30 of Fleming Grant; thence run Southwesterly
following the North line of Lot 2 of A.A. Berry's
Subdivision to the most Northerly corner of
Wauregan Lot 60; thence Northwesterly along the
Northeast side of Wauregan Lots 45, 44 and 29 to
the most Northerly corner 6f Wauregan Lot 29;
thence Southwesterly along the Northwesterly side
of Wauregan Lot 29 to the most Westerly corner
of said lot; thence Northwesterly along the
Northeast side of Wauregan Lot 28 to the most
Northerly corner of Wauregan Lot 28; thence South-
westerly along the Northwest side of Wauregan
Lot 28 to the most Westerly corner of Wauregan
Lot 28; thence Northwesterly along the Northeast
side of Wauregan Lot 16 to the most Northerly
corner of Wauregan Lot 16; thence Southwesterly
along the Northwest side of Wauregan Lot 16 to
the most Westerly corner thereof; thence South-
easterly along the Southwest side of Wauregan Lot
16 to the most Southerly corner of Wauregan Lot
16; thence Southwesterly along the Northwest
side of Wauregan Lot 26 to the most Westerly
corner of Wauregan Lot 26; thence Northwesterly
along the Northeast side of Wauregan Lot 18 to
the most Northerly corner of Wauregan Lot 18;
thence Southwesterly along the Northwest side
of Wauregan Lot 18 and 19 to the most Westerly
corner of Wauregan Lot 19; thence Northwesterly
-2-
along the Northeast side of Wauregan Lot 9
to the most Northerly corner thereof; thence
Southwesterly along the Northwest side of
Wauregan Lots 9 and 8 to the Southwest boundary
line of Section 30, Fleming Grant; thence South-
easterly along said Southwest boundary line of
Section 30, Fleming Grant to the most Southerly
corner of said Section 30, Fleming Grant;
thence Southwesterly along the Southeast boundary
of Fleming Grant to the most Northeasterly
corner of Government Lot 2, Section 11, Town-
ship 31 South, Range 38 East; thence Southerly
along the East boundary of said Government Lot
2.to the Southeast corner thereof; thence
Westerly along the South boundary of said Govern-
ment Lot 2 to the ,center line of Roseland Road
as it now exists; thence Southerly along said
center line to its interesection with the North
boundary line of the S!2 of the NEY4 of Section
14, Township 31 South, Range 38 East; thence Westerly
along the North boundary of said % of the NEM
of,
f said Section 14 to the Northwest corner of
the SWW4 of the NEY4, Section 14, Township 31
South, Range 38 East; thence Southerly along
the half section line of Section 14 and Section
23 to the Northerly right-of-way of the Trans -
Florida Railway; thence Northeasterly along
said Northerly side of said right-of-way to the
East boundary of Section' 12; thence Northerly
along the Range line between Ranges 38 arid 39
East to a point, said point being 1729.32 'feet
South of the intersection of said Range Line
and Fleming Grant Line; thence West 589.0 feet;
thence North 369.0 feet; thence East 8.2 feet;
thence North 293.0 feet; thence East 580.8 feet
to the Southwest corner of Government Lot 3,
Section 6, Township 31 South, Range 39 East;
thence run East along the South line of Govern-
ment Lot 3, Section 6, Township 31 South, Range
39 East to the Southeast corner of said Govern-
ment Lot 3; thence run South to the Southwest
corner of the Southeast Quarter of the South-
west Quarter which is to the Section line between
Section 6 and Section 7 in Township 31 South,
Range 39 East; thence run East on said Section
line to the channel of the Indian River; thence
following.the channel of the Indian River in a
Northwesterly direction to a point due East of
beginning point; thence run West to the point
of beginning.
SECTION IV. All ordinances or parts of ordinances in
conflict herewith or inconsistent with the provisions of this
ordinance are hereby repealed.
SECTION V. This ordinance shall be in full force and
effect immediately upon its passage and agroval by the Mayor, or
upon its becoming a law without such approval.
I hereby certify that the foregoing ordinance was passed
LA. orneo
CORNELIUS T. WALKER
Y10YQOI10110L ON LOIM.
Y[110 RLCR. ILOOIn1
i
1/
by the City Council on the 7 day of Noce m�4, 1957.
Presidenen
Attest: y C
i Clem
TO: The Mayor of the City of Sebastian, Florida:
I hereby certify that the foregobg Ordinance was duly
passed by the City Council on the �% day of Ne, 1957.
City Glen
l,n t-G The foregoing ordinance approved by me this ,E�16ay of
Nev"bei, 1957.
t
Mayor i
I certify that I posted a true copy of theabove and
foregoing ordinance at the entrance to the Council Chamber in the
City
� Hall of the City of Sebastian, Florida, on the 1da "y of
N6, 1957.
{. 61"M
CORXEMS T. wAIKEP
vpe.vvmewn� .w�e�w.
�1110 RH�CX. V10111eA
ity Clerk
-4-
,. ReguLr wotfae .mecemw 4, 1950
waiing wan called to order by President Bembler. -
Those preTsent were Yager Taylor, rrea.eombler and Counoflison Mmaobep,Cbese4r.jEUinga6L
and m"hmor.Atty.Wakker also present.
rresident Sembler introduced an Ordlnmoo entitled can Ordinanoe anneting the lands
hereinafter described to the City of Sebastian and Obangigg the territorial limits of mid,
City by the annexgtlon of mid uninoorperatod tract of land lying•emtieume thereto and
within Indian River County,Flarlda,m d to reddfine the eorperat4 1lmitd of the City of bob -
action as as to include much annexed treat if land. "-•
Upon motion by Mrs.Cheesor• and seomdod by Councilman rllingdin said OTdinanoo was read
the first time in full by Attorney wallas. .
Upon motion by Mrm.Cbesse• and moondod by Councilman -$lliegdia'aad-utm1mm sly carried,
said Ordinence was lead the esoend time by title only.
upon notion by Councilmen Vrahmer and maond4d by 0mnoi'1IDYn ,'Smm6hep'md unanimously
carrled,mid Ordinance see read the third time by Title only and-plaoed upon its final
passago.i'he roll was called upon the final passage of said Ordimn6o old the voting wan as
follows:
Agee: Councilmen Smbler,wnsohop,Cboseer,glltngssn and Vrehmer.
Neils: rent.
a zzzaxancama zira ztaxisetsri xrra ttppratsExtgictttzl�tttzti�sttr�uEtua>Ysatasaxtc
W939MI zsazm:kisixk}za�ckLsaa>Ri3Ya „ . , .� � . , , . , : xiRx4ettl - %....,...... ., ' x
agoar33CF2auazmssI I-e;o3r•ara ,..,. .... ..-...,.. tlts=ia�_...,._�....:
ik}tkdmx2 i
r'hesmpon said Ordinance having received an iz<firmaEiTeeN4iif th"4�fifLIls of all the
members of the Council,was declared duly adopted and upenAbing presented to the sayer and
having received his approval wan mimbired as Chapter.156 of the urdlnmoss at said City i d
was therouDon duly posted at the door of the U1ty,w11 of, the City of Bobastlan in aocor-
anco with the provisions of Section 85 of Chapter 16685 of -the laws at klorida,being the —
Charter of said City. .. . ,,,
Ville amounting to i854.76 was approved by the'Finm6dr�iemitte� add �bithcri sod to be
paid on motion by Councilman Bllingeon," oonded.by Councilman Srebmer.Carriod. ..
Mayor Tayler read the monthly "part an the Yolioo; 8spartmont,whfoh ehOwed a not profit
of 11,020.87.
minutes of the last regular meeting of November llth end spooididallfd'moetings of
Nov.18th and Uso.4,1957 were app"Tod am "ad. . . . . ,
nssaaictzkFit52ptYdzRanI I I mx W"mav , _.. Ts MaxQtcrYaiz
Mrs. Daisy Sbafor,Clefk of the City election board presented the. aloatim report to the
City as to the results of mid election which "" as folleva.Tts "Uncil'men to be olooted
out of three running for Member of the City Council and one Yayor to be ileotedcut of two
vdidakd running for the Office of Mawr.
For member of Canned 1.
Simon bensehop Reookvod 92 voted
Mra.Mota Chesser "• 62 Totes
Um P.Cardcar--~'-_-- - 82 .Tote.
Usway Jordan " .•1 57 votes
C.E.Tayler 1 veto
!or Office of Layer
Jack Maxtor received 69 Totes
caul R.Stevenem " 92 Totes
Signed by nrs.Uewey JOrdan,eu•S.Effie Stevenson and Mrs.Jee Warn is ClQkzx Inspectors
and Mra.Oaisy Shafer an Clark. City -,
WHEREAS, the inspectors and Clerk of the General elootion held in the City of Sebastn,
rlorida on the 9th day of Dao.1957,have made returns of the City election as provided b)-
uwe,and,
wip,KSAS,the City Uounoil has canvassed the mid "turns and has found -the come in proper
form and ham determined the results of said election to be as follows:
-' r• ^we:
ier Bayer:
Jack Vortex Received 69 votes
rani "seta Teheon'., Rw41Tod ,7•, 1" 99rvatee-
,or Council
Simon own Schap neeolTSd 92 To ten,
. s.aeta Ohessor .. ^ ' B2 Tetoe-'
Leon r.0armer 82 "tes�
beway Jordan "'-67 votes
C.s.Teyler - ^' - 1. Tote
TflsS rJw,be it resolved,that it is herewith determined that Furl R.Stevm5*n was elected
to be mayor and Simon Vennohep wan •looted as me member of the Council and a tie Tote be-
tween wro.meta Chesser and Leon P.Oardner far Cumber two seat an the Ceuhell.Theee Offleers
to serve for a two year term next and ansulag or until their respective successors shall be
elected and qualified.ilro .Chooser made a motion to adopt mid "solution,eeoonded by Council-
man allingeon.car^led. -
This beinr an aljournad m^.eting,tbe decision at a tie veto be4woen Mre.Chamser and lean ri,
usrdner was postponed.
Councilman Vensohop made a notion to adiourn,seeended by Counollman Srehmer.Carried.
I
O'-' City Clerk pree.Ceunoil