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HomeMy WebLinkAboutO-25-03 Industrial Park Blvd Annexation3120250024623 RECORDED IN THE PUBLIC RECORDS OF RYAN L. BUTLER, CLERK OF COURT ORDINANCE NO.O-25-0 INDIAN RIVER COUNTY FL IK: 3776 PG: 2002 Page 1 of 5 5/16/2025 9:53 AM AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 0.9163 ACRES, MORE OR LESS, KNOWN AS INDUSTRIAL PARK BOULEVARD, A PRIVATE ROAD, LOCATED NORTH OF 99TH STREET, WEST OF FISCHER INDUSTRIAL PARK & THE FEC RAILROAD, AND SOUTH OF THE FORMER VICKERS GROVE SANDMINE; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR PROPOSED LAND USE AND ZONING CLASSIFICATIONS; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Industrial Park Boulevard is currently a private road, located North of 99' Street, West of Fischer Industrial Park and the FEC Railroad and South of the former Vickers Grove sand mine; and WHEREAS, the legal description for Industrial Park Boulevard, a private road, consists of two parcels described by metes and bounds; and WHEREAS, in 1987, the owner of Industrial Park Boulevard petitioned the City of Sebastian to annex the subject parcels along with other adjacent properties he owned into its jurisdiction; and WHEREAS, Ordinance 0-87-10, the adopting annexation ordinance, inadvertently excluded one of the Industrial Park Boulevard's parcels and legal description from the document, theretofore the owner wishes to correct the omission; and WHEREAS, the same owner of this omitted parcel of real property located in unincorporated Indian River County, contiguous to the existing corporate limits and boundaries of the City of Sebastian, and being reasonably compact, now 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 corrects the error from 1987, is in compliance with Florida Statute § 177.044 relating to voluntary annexations, is in the best interest of the City, and serves a valid public purpose. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. ANNEXATION OF 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: See attached Exhibit `A', Legal Description and as shown on the survey within said Exhibit `A', containing 0.9163 acres, more or less. Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION. The proposed land use and zoning classification amendments for this property shall be consistent with the provisions of applicable laws of the State of Florida, the Comprehensive Plan and Code of Ordinances of the City of Sebastian. Section 3. FILING. A certified copy of this Ordinance shall be filed with the Clerk of the Circuit Court, as well as the Chairman of the County Commission of Indian River County, Florida, and with the Florida Department of State within seven days of adoption in accordance with Florida Statutes Section 171.044(3). Section 4. NOTICE. Notice of this Ordinance has been posted in accordance with Florida Statutes Section 171.044(2). 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. CONFLICTS. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 7. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid, unenforceable or unconstitutional, the remainder of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional provisions. Section 8. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption by the City Council. K The foregoing Ordinance was moved for adoption by Council Member ,Jones , was seconded by Council Member Dixon and upon being put to a vote, the vote was as follows: Mayor Bob McPartlan aye Vice Mayor Fred Jones ave Council Member Kelly Dixon eve Council Member Ed Dodd absent Council Member Christopher Nunn ave The Mayor thereupon declared this Ordinance duly passed and adopted this 10 day of May, 2025. ATTEST: 46WIX.U-t_ Wj&&(ha *ette Williams, MMC City Clerk CITY OF , EEBA"]STIIAAN, ID ORA By: (/ Bob McParflan, Mayor - - Approved as to form and legality for reliance b the City of Sebastian only: Je fer Cockcroft, Esq., .C.S. Attorney 3 EXHIBIT A Legal Description of Subject Parcel Subject Parcel: A parcel of land situated in a portion of the Northwest I of the Northeast % of Section 20, Township 31 South, Range 39 East, Indian River County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Northwest'/ of the Northeast'/ of Section 20; thence South 89° 54' 40" East along the South line of said Northwest '/ of the Northeast '/ a distance of 380.00 feet; thence North 14° 14' 00" West a distance of 30.96 feet to the Point of Beginning, said point also being the North Right -of -Way line of "Vickers Road"; thence continue North 14° 14' 00" West a distance of 1330.60 feet to the North line of said Section 20; thence North 89° 56' 43" West along said North line of said Section 20 a distance of 30.96 feet; thence South 14° 14' 00" East a distance of 1330.65 feet to the North Right -of -Way line of "Vickers Road"; thence south 89° 54' 40" East along said Right -of -Way line a distance of 30.96 feet to the Point of Beginning. Containing 0.9163 acres more or less.