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HomeMy WebLinkAboutO-26-03 Voluntary Annexation (2)ORDINANCE NO.O-26-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 204 ACRES, MORE OR LESS, LOCATED SOUTH OF 77TH STREET, EAST OF 74TH AVE, NORTH OF 73RD STREET AND WEST OF 66TH AVE; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owners of the real property in unincorporated Indian River County, contiguous to the existing corporate limits and boundaries of the City of Sebastian, and reasonably compact, petitions the governing body of the City of Sebastian to be voluntary annexed into the municipality; and WHEREAS, the Sebastian City Council of the City of Sebastian, Florida finds and determines that the annexation of said parcels is in the best interest of the City; and WHEREAS, the owners of the real property described herein and the City of Sebastian have entered into an Annexation Agreement, approved April 8, 2026 setting forth certain terms under which the annexation will be governed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. PROPERTY. The following described property now lying and being in unincorporated area of Indian River County, Florida, is hereby annexed into the corporate limits of the City of Sebastian, Florida and the boundary lines of said City are hereby redefined to include said real property as shown on "Exhibit 1" containing 204 acres, more or less. Section 2. LAND USE AND ZONING CLASSIFICATIONS. Land use and zoning classifications shall be consistent with the provisions of state law. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of Court, as well as the Chairman of the County Commission of Indian River County, Florida and with the Florida Department of State within seven days of adoption. Section 4. NOTICE. Notice of this ordinance has been posted in accordance with Section 171.044, Florida Statutes. Section 5. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. Section 6. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. This Ordinance shall become effective immediately upon its adoption by the City Council. 1 Section 7. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any party of the Ordinances 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. The foregoing Ordinance was moved for adoption by Councilmember Nunn . The Motion was seconded by Councilmember Matthews and, upon being put to a vote, the vote was as follows: Mayor Fred Jones ave Vice Mayor Bob McPartlan ave Councilmember Sherrie Matthews ave Councilmember Ed Dodd ave Councilmember Christopher Nunn ave The Mayor thereupon declared this Ordinance duly passed and adopted this 13 day of May .2026. ATTEST: 441 Catheri sta Acting ity Clerk CITY OF SEBASTIAN, FLORIDA By:- ` 10 Fred Jones, Mayor Approved as to form and legality for reliance by the City of Sebastian only: James es, Esq. City om `a Exhibit 1 Tract 2, less the north 75 feet; Tract 3, less the west 173.30 feet and the north 75 feet; Tract 4, less the east 183.19 feet of the north 1206.27 feet, less the south 50 feet of the east 235.37 feet, less the west 100 feet and the north 75 feet; Tract 5, less the west 868.87 feet of the north 577.44 feet of the south 607.44 feet, less the west 100 feet, and also less the south 30 feet thereof; Tracts 6 and 7, less the south 60 feet; Township 32 South, Range 39 East, according to the last general plat of lands of INDIAN RIVER FARMS COMPANY filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, Plat Book 2, Page 25; said land now lying and being in Indian River County, Florida. 3 A 0 NORTH LOCATION MAP SEBASTIAN PINES f F