HomeMy WebLinkAboutO-95-13 ORDINANCE NO. 95-13
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO VOLUNTARY ANNEXATION;
ANNEXING A PARCEL OF LAND LOCATED IN THE NORTH CENTRAL
SECTION OF THE CITY, COMPRISED OF THREE PARCELS WHICH
TOTAL 4 ACRES, MORE OR LESS, LOCATED APPROXIMATELY 957
FEET SOUTH OF THE NORTHERNMOST BORDER OF THE CITY OF
SEBASTIAN, BORDERED ON THE WEST BY U.S. 1, BORDERED ON
THE EAST BY THE FLEMING GRANT LINE, AND APPROXIMATELY 288
FEET NORTH OF THE SEBASTIAN CEMETERY; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, all owners of the parcel of property described herein
have petitioned the City of Sebastian, Indian River County, to
voluntarily annex said parcel of land; and
WHEREAS, the City Council finds and determines that the land
proposed to be annexed is contiguous to the City and will not
result in the creation of any enclaves; and
WHEREAS, the City Council finds and determines that the land
proposed to be annexed constitutes a reasonably compact addition to
the incorporated territory of the City of Sebastian; and
WHEREAS, the City Council finds and determines that the
annexation of said parcel of property is in the best interest of
the City of Sebastian.
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 real property
now lying and being in an unincorporated area of Indian River
County, Florida, is hereby annexed into the City of Sebastian,
CD
Indian River County, Florida, and the boundary lines of said City
are hereby redefined to include said real property, which is
described as follows:
PARCEL #1
That part of Lots 23 and 24 of WAUREGAN SUBDIVISION,
lying East of U.S. Highway #1, West of Fleming Grant
Line, described as follows:
The Point of Beginning formed by the intersection of the
Easterly right-of-way of U.S. Highway #1 with the common
boundary between Lots 23 and 24 of WAUREGAN;
Thence proceed Northwesterly along the Easterly right-of-
way of U.S. Highway #1 a distance of 159.06 feet;
Thence proceed Northeasterly along the line which bisects
Lot 23 into North and South halves, a distance of 229.27
feet, more or less, to the intersecting point with the
Fleming Grant Line;
Thence proceed Southeasterly along said Fleming Grant
Line, a distance of 323.91 feet, more or less;
Thence proceed Southwesterly along a line which parallels
the Southerly boundary of Lot 24 (Wauregan), a distance
of 266.16 feet, more or less, to the intersecting point
with the Easterly right-of-way of U.S. Highway #1;
Thence proceed Northwesterly along said Easterly right-
of-way, a distance of 168.03 feet to the Point of
Beginning;
Ail in WAUREGAN, Fleming Grant, according to the Plat
filed in the Office of the Clerk of the Circuit Court of
Brevard County, Florida, in Plat Book 1, Page 75, and
refiled in the Office of the Clerk of the Circuit Court
of St. Lucie County, Florida, in Plat Book 1, Page 178
and 179; said land now lying and being in Indian River
County, Florida; being Section 30 Fleming Grant.
PARCEL #2
Ail of Lot 22, lying East of U.S. Highway #1 of WAUREGAN
SUBDIVISION. The point of beginning formed by the common
boundary between Lots 22 and 23, where it intersects with
the Easterly right-of-way for U.S. Highway #1. Thence
run Northwesterly, along said Easterly right-of-way, a
distance of 318.12 feet, thence run Northeasterly along
the common boundary of Lots 22 and 21, a distance of
168.50 feet, intersecting with the Fleming Grant line;
thence run Southeasterly, along Fleming Grant line, a
distance of 315.0 feet, thence run Southwesterly along
the common boundary of Lots 22 and 23, a distance of
207.05 feet, to the point of beginning.
Ail in WAUREGAN, according to the plat filed in the
Office of the Clerk of the Circuit Court of Brevard
County, Florida, in Plat Book 1, Page 75; and refiled in
the Office of the Clerk of the Circuit Court of St. Lucie
County, Florida, in Plat Book 1, Pages 178 and 179; said
land now lying and being in Indian River County, Florida.
PARCEL ~3
That property located in Wauregan Subdivision lying east
of U.S. Highway #1, West of Fleming Grant line, and a
part of Lot 23, Wauregan, as follows:
The point of beginning being the point of intersection
formed by the Easterly right-of-way of U.S. Highway #1
with the Northerly boundary line of Lot 23. From said
point of beginning proceed Northeasterly along the
Northerly boundary of Lot 23, a distance of 207.03 feet
to the intersecting point with Fleming Grant line; thence
Southeasterly along said Fleming Grant line, a distance
of 157.5 feet; thence proceeding Southwesterly on a line
which bisects Lot 23 into North and South halves, a
distance of 229.27 feet, more or less, to the
intersecting point with the Easterly right-of-way of U.S.
Highway #1; thence Northwesterly along said Easterly
right-of-way a distance of 159.06 feet to the point of
beginning. Ail located in Wauregan Subdivision, lying in
Section 30 Fleming Grant, according to Plat filed in the
office of the Clerk of the Circuit Court of Brevard
County, Florida, in Plat Book 1, Page 75, and refiled in
the Office of the Clerk of the Circuit Court of St. Lucie
County, Florida, in Plat Book 1, Pages 178 and 179, said
land now lying and being in Indian River County, Florida.
Section 2. FILING. A certified copy of this ordinance shall
be filed with the Clerk of the Circuit Court of Indian River County
and with the Florida Department of State.
Section 3. CONFLICT.
Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 4. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall take effect
immediately upon final passage.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
The foregoing ~rdinance was
Councilmember
by Councilmember
moved for adoption by
The motion was seconded
and, upon being put
into a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Ray Malloran
Councilmember Louise R. Cartwright
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The Mayor thereupon declared this Ordinance duly passed and
adopted this ~ day of ~/A-P_~ , 1995.
CITY OE~ SEBASTIAN, FLOR~I~DA/--~
Arthur L. Firtion, Mayor
.ora~,
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Apt as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
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