HomeMy WebLinkAboutR-84-43RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, MAKING FINDINGS OF FACT AND
DETERMINING CONCLUSIONS OF LAW PERTAINING TO THE SAINT
SEBASTIAN PLANNED UNIT DEVELOPMENT, A DEVELOPMENT OF
REGIONAL IMPACT, AND CONSTITUTING THIS RESOLUTION AS A
DEVELOPMENT ORDER BY THE CITY OF SEBASTIAN, FLORIDA, IN
COMPLIANCE WITH LAW: AND PROVIDING AN EFFECTIVE DATE:
WHEREAS, THE SEBASTIAN GROUP, LTD., has filed a Development
of Regional Impact Application for development approval with the
City of Sebastian, Florida, in accordance with §380.06, Florida
Statutes; and
WHEREAS, said applicant proposed to develop 311.95 acres,
constituting a Development of Regional Impact on the real
property fully described in Exhibit "A" attached hereto and
located in the City of Sebastian, Florida; and
WHEREAS, The City Council, as the governing body of the
local government having jurisdiction, pursuant to Chapter 380,
Florida Statutes, is authorized and empowered to consider
applications for development approval for developments of
regional impact; and
WHEREAS, the public notice requirements of §380.06(10),
Florida Statutes, have been complied with; and
WHEREAS, The City Council on Wednesday, October 16, 1984, in
the City hall, held a duly noticed public hearing on the
Development of Regional Impact Application for Development
Approval and heard and considered the testimony and reports and
other documentary evidence submitted at the public hearing by the
Applicant, the Treasure Coast Regional Planning Council, the
City's Staff, and the public; and
WHEREAS, The City Council has received and considered the
assessment report and recommendations of the Treasure Coast
Regional Planning Council; and
WHEREAS, The City Council has made the following FINDINGS OF
FACT and CONCLUSIONS OF LAW with regard to the Application for
Development Approval:
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FINDINGS OF FACT
A. The proposed Development is not in an area of critical
state concern designated pursuant to the provisions of ~380.06,
Florida Statutes.
B. The State of Florida has not adopted a land development
plan applicable to the area in which the proposed development is
to be located.
C. Subject to the conditions, restrictions, and limitations
set forth in this Development Order, the proposed Development is
consistent with the report and recommendations of the Treasure
Coast Regional Planning Council submitted pursuant to
~380.06(11) (a), Florida Statutes, and with 'the land use plan and
development laws and regulations of the City of Sebastian.
CONCLUSIONS OF LAW
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CiTY OF SEBASTIAN, FLORIDA, in Public meeting, duly constituted
and assembled on the 16th Day of October, 1984, the Development
of Regional Impact Application for Development App½roval
submitted by THE SEBASTIAN GROUP, LTD., is hereby ordered
APPROVED, subject to the following conditions, restrictions,
and limitations:
Application for Development Approval:
1. The Saint Sebastian Application for Development
Approval is incorporated herein by reference and relied
upon by the Parties in discharging their statutory
duties under Chapter 380, Florida Statutes.
Substantial compliance with the representations
contained in the Application for Development Approval
is a condition for approval unless waived or modified
by expressed agreement among the Parties.
For the purpose of this condition, the Application
for Development Approval (ADA) shall include the
following items: ADA, dated October 28, 1983;
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Supplemental informatio~submitted on March 27,
and supplemental information submitted on June 8, 1984.
Commencement of Development:
2. In the event the Developer fails to commence
significant physical development within three (3) years
from the effective date of the Development Order,
development approval shall automatically terminate and
the Development shall be subject to further
consideration pursuant to ~380.06, Florida Statutes.
Significant physical development shall mean site
preparation work for any portion of the Saint Sebastian
Planned Unit Development.
Air Qualit~
3, Clearing of specific building sites shall not commence
prior to the phase in which the site is scheduled for
development.
4. During land clearing and site preparation, wetting
operations or other soil. treatment techniques
appropriate for controlling unconfined dust emissions
shall b~ undertaken and implemented by the Developer to
the satisfaction of the Florida Department of
Environmental Regulation.
Historic and Archaeoloqical Sites:
5(a) In the event of discovery of archaeological artifacts
during project construction, the developer shall stop
construction in that area and immediately notify the
Bureau of Historic Sites and Properties in the Florida
Department of State. Proper protection, to the
satisfaction of the Bureau, shall be provided by the
developer.
~abitat, Vegetation and Wildlife:
5(b) The Developer shall preserve in viable condition not
less than sixty (60) total combined acres of Pine
Flatwoods, Palmetto Rangeland, Xeric Oak, and Sand Pine
Scrub on-site, including canopy, understory and ground
cover vegetation. Prior to commencement of any
clearing activities, the Developer shall survey the
property to determine the numbers and distribution of
any populations of Gopher Tortoise and Florida Scrub
Jay which exist. Sufficient Xeric Oak and Sand Pine
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Scrub habitat shall be set aside to maintain viable
populations of both said species on-site. A
preservation plan shall be developed which:
a. Identifies and delineates the boundaries of scrub
habitat areas to be preserved;
b. Provides for the effective relocation into the
preserve area(s) of any Gopher Tortoises or other
threatened burrow commensals (e.g., Florida Gopher
Frogs and Florida Mice) identified as existing
outside of the preserve area(s);
c. Provides a management program for the preserved
scrub areas which will provide and maintain
suitable habitat conditions for said species; and
d. Provides for preservation of a minimum of
thirty-five (35) acres of Xeric Oak and Sand Pine
Scrub habitat.
The above plan shall be submitted to the City of
Sebastian, The Florida Game and Freshwater Fish
Con~ission, the Department of Natural Resources, and
the Treasure Coast Regional Planning Council. No
development shall occur until the said plan has been
approved by the City of Sebastian in consultation with
the said agencies and the animals are, in fact,
relocated in accordance with the approved plan.
Prior to clearing any scrub areas, the Developer shall
provide sufficient notice to officials at Jonathan
Dickinson State Park so that said officials may make
arrangements to obtain any plants which would otherwise
be destroyed.
The Developer shall construct 8.7 acres of wetland
habitat on-site. The constructed wetland habitat shall
be fully vegetated with native vegetation and be of
equal type in form and function to wetlands destroyed
during development.
In accordance with the following provisions, the
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Developer shall provide and maintain a buffer zone of
native upland edge vegetation around wetland and
deepwater habitats which are preserved and constructed
on-site. The buffer zone may consist of preserved or
planted vegetation but shall include canopy, understory
and groundcover of native species only. The edge
habitat shall begin at the upland limit of any wetland
or deepwater habitat and shall include a total area of
at least ten (10) square feet per lineal foot of
wetland or deepwater habitat perimeter. The upland
edge habitat shall be located such that not less than
fifty (50) percent of the total shoreline is buffered
by a minimum width of ten (10) feet of upland habitat.
9. Wetland and lake edges, which are buffered by at least
a ten (10) foot wide strip of native upland edge
vegetation, shall be swaled and bermed to prevent
direct runoff of storm or irrigation waters into these
systems and to promote ground filtration of storm
waters.
10. Temporary fencing of all preserved areas shall be
installed and inspected prior to commencement of site
clearing. Such fencing shall be of a type that will
clearly identify and designate the boundaries of
preservation areas and minimize the potential
disturbance of these areas during land clearance and
fill activities.
11. During construction, all Melaleuca, Brazilian Pepper
and Australian Pine which exist on-site shall be
removed. Removal shall be in such a manner that avoids
seed dispersal of any of said species. There shall be
no planting of pest exotic vegetation on-site.
12. In the event it is determined that any representative
of a plant or animal species designated as endangered
or threatened on Federal, State of Florida, or Florida
Committee on Rare and Endangered Plants and Animals
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lists exists on or otherwise is significantly dependent
upon the site, the Developer shall cease all activities
which might negatively affect that individual or
population, and the Developer shall immediately notify
both the Florida Game and Freshwater Fish Commission
and the U. S. Fish and Wildlife Service. Proper
protection, to the satisfaction of both said agencies,
shall be provided by the Developer.
DRAINAGE
13.
14.
The Developer shall design and construct the surface
water management system to retain the first one-inch of
runoff or the run-off from a one-hour, three-year storm
event, whichever is greater.
The storm sewer system used to collect water from all
impervious surfaces and parking areas shall be designed
to retain for exfiltration of the first one-half inch
of storm water runoff prior to discharge into any
wetland on-site. Under no condition shall unfiltered
runoff from commercial parking areas be diverted
directly into wetlands on-site.
WATER SUPPLY
15. A minimum of thirty (30) percent of the landscaped
areas on-site, excluding the retention areas,
rights-of-way, building courtyard areas, and planting
boxes which abut buildings, shall be comprised to
preserve, enhance or recreate native vegetation. The
location of vegetation areas shall be such that the
watering and fertilization of non-native areas not
inhibit the management of the native vegetation areas
in a healthy state. A minimum of fifty (50) percent of
the trees and shrubs in landscaping shall be native
trees adapted to the soil conditions on-site.
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WASTE~fER
16. The Developer shall design and construct the wastewater
treatment system such that the primary method of
disposal is via spray irrigation on the Municipal Golf
Course or on-site, in the event the golf course is the
site for the said disposal, the Developer shall pay all
costs of disposing of the wastewater on the golf
course, or of connecting into a system for disposal on
the golf course. The City and Developer contemplate
the possibility of an alternative system for wastewater
treatment and disposal whereby the City provides or
develops its own wastewater treatment system. In the
event the City obtains or develops such a system, the
City will provide for sufficient capacity for the
treatment of the entire development, and the
development shall hook up to the City's system;
provided, however, that the City shall have its system
operable, ready and available for the Developer's
hookup by the time the development reaches a point of
need for a sewer facility hookup; if such facility is
not available to the Developer, then, the Developer
shall be permitted to install a temporary facility
until such time as the aforesaid City system is
available for hookup.
ENERGY
17.
18.
In the final site plans, the Developer shall
incorporate to the extent feasible, energy conservation
measures identified in the Treasure Coast Regional
Planning Council's ~egional Ene~ Plan.
The Developer shall consult with Florida Power and
Light Company representatives and other energy experts
in designing, operating and maintaining an
energy-efficient street lighting system for streets and
parking lots. The Developer shall also consult with FP
& L Company and other energy experts to consider the
installation of a full line of energy efficient
appliances and equipment, including, but not limited
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to, energy-efficient pumps, waste heat
systems, and domestic solar water heaters. Provisions
shall be made to offer such energy-efficient appliances
and devices (including heating and cooling systems) as
options to prospective residential unit buyers.
TRANSPORTATION
19. The Developer shall install all turn lanes at the
project entrances on Main Street as identified on Page
172 of the ADA. The Developer shall provide
signalization of the east entrance of the property at
Main Street as may be necessary to maintain an
appropriate level of service. The Developer shall
provide a separate left turn lane on Easy Street at
County Road 512 as necessary to provide an adequate
level of service for side street traffic.
20. During the early stages of Phase III of the Project,
the Developer shall provide one additional major access
artery for vehicular traffic for ingress and egress to
and from the project, and may connect into either
Roseland Road or U.S. Highway No. 1. Should it be
Davis Street, developer shall comply with paragraph 20,
page I-9, of the Treasure Coast Regional Planning
Council report.
21. The Developer shall, at its expense, realign,
reconstruct, and repave Main Street in compliance with
the realignment shown on the plans prepared by or on
behalf of the Applicant. Said realignment and
construction shall be co~mnenced immediately after site
plan approval for Phase I, and shall be pursued with
due diligence, and completed as soon as practical.
22. The Developer shall not utilize either Easy Street or
Fleming Street for any trucks utilized on the project.
The Developer shall utilize only Main Street, Louisiana
Avenue North of Main Street, Roseland Road, or the
street yet to be developed west of the U.S. Post Office
on Main Street, for the traffic of motor vehicles. The
Developer shall take any and all steps necessary to
insure that all suppliers, subcontractors, materialmen,
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23.
and others are fully aware of and strictly comply with
these requirements.
The Developer shall repair any and all parts of Main
Street or Louisiana Avenue, or any other street that
the City Engineer or The City Council decide have been
significantly damaged by motor vehicles utilized in the
construction of the project, including damage done to
any railroad crossing. The Developer shall cooperate
with the City in every way to insure the least
inconvenience to residential streets and neighborhoods
in the City.
AIRPORT CONSIDERATIONS
24. ?he Applicant and the Developer shall retain an open
area not less than four hundred and fifty (450) feet
wide and five hundred (500) feet in length from the now
existing western boundary where an imaginary extension
of the center line of runway 4-22 intersects the
western edge of the property, provided the airport is
not abandoned and has not ceased to be used for airport
purposes, public or private, for a period of at least
one year. This open area is to accommodate a possible
easterly extension of runway 4-22 of up to 1,000 feet
from its present east edge. This "clear zone" may be
park, water, common ground, or other open area. Except
as provided in the air easement, no structures or
buildings shall be built or erected within any part of
said open area. Children's swings and other minor
incidental structures may be built in the clear zone,
but it is preferred that the clear zone not be utilized
to attract persons thereon because of possible conflict
with the flight of aircraft and the possible hazards
therefrom. Responsibility for the maintenance and
usage of the clear zone shall be that of the property
owners' association or other entity and the City of
Sebastian shall have no responsibility for the
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operation or maintenance or use of such clear zone open
area.
25. Prior to the transfer of title to any of the property
in the project the Applicant shall grant to the City of
Sebastian easements for the flight of aircraft over the
project to insure those rights of flight to and from
the Sebastian Airport irrespective of who might be
making such flights, including the United States
Government, if necessary in the time of any such usage
by the U.S. Government, The existence of such
easements shall be referred to in all deeds of any
portions of the project.
26. The following language shall be included in all deeds
and leases of any parts of the Saint Sebastian Planned
Unit Development:
"Noise Warning: This property lies beneath or
adjacent to the aircraft approach and departure
routes for Sebastian Airport and may be subject to
noise that may be objectionable, now or in the
future; this property is subject to an Aviation
Easement."
27. The Developer shall provide additional insulation and
soundproofing as determined by HUD, to those areas, if
any, which may fall within the airport noise zone or
noise envelope as referred to in Table LU-3, Pg. V-12,
in the Treasure Coast Regional Planning Council
Assessment Report.
28. The Developer shall restrict the height of buildings
and structures within the project area according to the
current proposed airport hazard ordinances as if same
were in full force and effect at this time.
PARKS:
29.
The Applicant or Developer shall provide adequate park
sites and equipment for same to serve residents of the
project, especially children. These requirements shall
be determined by the City in its approval of the
Development. Parks in the development shall be
operated and maintained by the property owners'
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association or other entity. The City of Sebastian
shall have no responsibility for the operation or
maintenance of any such parks.
POLICE PROTECTION CONTRIBUTION:
30. After approval of the site plan for Phase I, and within
or before, but not later than, thirty (30) days from
the commencement of construction of the project, the
Developer shall pay to the City upon request, and the
City shall obtain and provide upon receipt of such
designated funds, the sum of money necessary to pay the
salary of two additional police officers for one (1)
year, as well as the cost of the necessary and standard
equipment required to equip them for the performance of
their duties, including two vehicles.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AS FOLLOWS:
31.
32.
33.
That this Resolution constitutes a land development
regulation of the City of Sebastian, Florida,
applicable to the property as it presently exists or
may be extended in the future and is issued by the City
Council in response to the Development of Regional
Impact Application for Development Approval filed by
the SEBASTIAN GROUP, LTD.
That the definitions found in Chapter 380, Florida
Statutes, shall apply to this development order.
That this development order shall be binding upon the
Applicant, the Developer, and the successors or assigns
of either. It is understood that any reference herein
to any governmental agency shall be construed to mean
any future instrumentality which may be created and
designated as successor in interest to, or which
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otherwise possesses any of the powers and duties of any
referenced governmental agency in existence on the
effective date of this order.
34. Notice of the adoption of this development order or any
subsequent modification(s) shall be recorded by the
Developer in accordance with ~380.14(d), Florida
Statutes.
35. That the Building Official of the City of Sebastian
shall be primarily responsible for monitoring the
development and enforcing the provisions of this
development order.
36. The Developer shall submit an annual report on the
development to the City of Sebastian, The Treasure
Coast Regional Planning council, and the Department of
Community Affairs, with a summary of completed
construction and a schedule of proposed construction
over the remaining life of the development order. The
Summary shall be in the fo~n designated by the Treasure
Coast Regional Planning Council. The due date for the
annual report shall be November 1st of each year,
commencing with November 1, 1985.
37. The approval granted by this development order is
conditional; and such approval shall not be construed
to obviate the duty of the Developer to comply with all
applicable National, State of Florida, County, or City
permitting procedures.
38. The City of Sebastian shall not, pursuant to
§380.06(15), issue any permits or approvals or provide
for the extensions of services if the Developer fails
to act in substantial compliance with this order.
39. This development order shall become effective upon
passage hereof and being signed by the Mayor and the
City Clerk (provided such date shall be extended until
completion of appellate procedures, if any, relating to
the issuance of this development order).
40. This development order shall remain in effect for a
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41.
period of twenty years.
That in the event that any portion or section, phrase,
paragraph, or other part of this order is determined to
be invalid, illegal, or unconstitutional by a court of
competent jurisdiction, such decision shall in no
manner affect the remaining portions or sections
hereof, which shall remain in full force and effect.
I HEREBY CERTIFY that the foregoing RESOLUTION, was
introduced, passed and adopted on the /~%~ day of
, 1984, by a vote of _~ for passage and
vote(s) against passage.
ATTEST:
City Clerk
CITY OF SEBASTIAN, FLORIDA,
by:
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DEVELOPMENT ORDER - CITY OF SEBASTIAN, FLORIDA
T.~W.-'SATN~.'- SEBASTIAN PLANNED UNIT DEVELOPMENT
LEGAL DESCRIPTION
Township 30 South - Range 33 East - Section 36:
DESCRIPTION: Lot 1 and Lot 2, A.A. Berry's
Subdivision, according to the plat thereof filed in. the
Office of the Clerk of the Circuit Court of St. Lucie
County, Florida, in Plat Book 2, Page 14, said land now
situate, lying and being in Indian River County,
Florida; also,
Lots 8, 9, 18, 19, less the Northwest 20 feet of said
Lot 19, Lots 20, 21, 22, 23, 24, 25, 26, 29, 30, 31,
32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45,
46, 47, 50, 51, 52, 53, 54, 55, 58, 59, and 60, all in
Fleming Grant, according to the plat thereof filed in
the Office of the Clerk of Circuit Court of St. Lucie
County, Florida, in Plat Book l, Page 175, said land
now situate, lying and being in Indian River County,
Florida; also,
Roseland Satellite Field, Tract 4, as filed in Official
Records Book 77, Page 530, Indian River county,
)PMENT ORDER - LEGAL
IRIPTION - PAGE 2
Florida, public records, more particularly decribed as
follows: Beginning at the. East corner of Section 29 of
the Fleming Grant run S 45" 09' 04" W for a distance of
1,706.27 feet to a point; thence run N 44" 25' 58" W a
distance of 1,137.55 feet to a point; thence run N 01"
54' 57" E a distance of 963.48 feet to a point; thence
run N 45" 03' 04" E a distance of 1,009.32 feet
point; thence run S 44" 25' 58"\E a distance of
1,797.75 feet.to the Point of Beginning; also,
Tract C and that portion of Tract D shown on the Replat
of School Park Subdivision, as recorded in Plat Book 2,
Page 29, Public Records of Indian River County,
Florida, which lies Northerly of the centerline of the
section of Main Street which connects Main Street as
shown on the said Replat of School Park Subdivision
with Main Street as shown on the plat of Sebastian
Gardens Subdivision, as recorded in Plat Book 5, Page
58, Public Records of Indian River County, Florida;
also,
Tracts A, B, C, that port of Tract D lying North of
Main Street, Tracts E, F, G, H, I and J; Lots 1 through
3, inclusive, Block 3; Lots 1 through 13, inclusive,
Block 8; Lots 1 through 9, inclusive, Block 9; Lots 1
through 5, inclusive, Block 10; Lots 1 through 10,
inclusive, Block 11; Lots 1 through 10, inclusive,
Block 12; and Lots 1 and 2, Block A, all in Sebas'tian
Gardens, a subdivision according to the plat thereof
filed in the Office of the Clerk of Circuit Court of
Indian River County, Florida, in Plat Book 5, Page 58;
DEVELOPMENT ORDER - LEGAL
PTION - PAGE 3
TOGETHER with any abandoned rights of way, alleys and
streets pertaining to the above-described properties,
and being more particularly described as follows:
From the East Corner of Section 29 of the Fleming ~
Grant, Indian River County, Florida, run S 45" 06' 34"
W a distance of 1,706.27 feet; thence run N 44" 28' 30"
W a distance of 1,137.55 feet; ~hence run N 01" 54' 57"
E a distance of 963.48 feet; thence run N 45" 06' 34" E
a distance of 1,009.32 feet; thence run N 44" 19' 18" W
a distance of 2,942.19 feet; thence run N 45" 00' 10" E
a distance of 660.0 feet; thence run S 44" 28' 30" E a
distance of 739.89 feet;'thence run N 45" 00' 10" E a
distance of 330.0 feet; thence run N 44" 28' 30" W a
distance of 60.0 feet; thence run N 45" 00' 10" E a
distance of 330.0 feet; thence run S 44" 28' 30" E a
distance of 689.89 feet; thence run N 45" 00' 10" E a
distance'of 330.0 feet; thence run S 44"' 28' 30" E a
distance of 659.89 feet; thence run N 45" 00' 10" E a
distance of 1,036.47 feet; thence run S 44" 18' 00" E a
distance of 2,040.68 feet to the most Northerly line of
Lot 2, A~A. Berry's Subdivision as recorded in Indian
River County, Florida; thence run N 44" 53' 17" E along
said Northerly line a distance of 1,197.31 feet to the
Westerly right-of-way line of the Florida East Coast
Railway and a point on a curve to the Southeast and
having for its elements a central angle of 4" 27' 36" a
radius of 8,544.42 feet; thence along said curve an arc
distance of 665.11 feet; thence run S 44" 53' 17" W a
distance of 1,125.16 feet; thence continue S 44" 53'
17" W a distance of 415.60 feet; thence run N 89" 51'
08" E a distance of 195.11 feet; thence run S'0" 08'
52" E a distance of 349.0 feet to a point on a curve to
the Southwes% and having for its elements a cent'ral
D~LOPMENT ORDER - LEGAL DE~IPTION - PAGE 4
angle of 20" 06' 50" ·
, a radius of 455 0 feet; thence
along said curve an arc distance of 159.73 feet to the
Point of Tangency; thence run S 45" 08' 52" W a
distance of. 75.0 feet to the P.C. of a curve to the
Northwest and having for its elements a central angle
of 43" 41' 25" a~radius of 480.0 feet; thence along
said curve an arc distance of 366.02 feet to the Point
of Tangency; thence run S 0" 22' 27" W a distance of
9.07 feet to a point on a curve to the Northwest and
having'for its elements a central angle of 12" 19' 02"
a' radius of 1,539.56 feet; thence along said curve an
arc distance of 330.97 feet; thence run S 45° 05' 23" W
a distance of 1,351.03 feet to the Point of Beginning.
Containing 311.95 acres, more or less, and subject to a
100.0 foot Florida Power & Light Company Easement and
also subject to all easements and road rights of way
record.
SAID LAND SITUATE~ LYING AND BEING IN INDIAN RIVER
COUNTY, FLORIDA.
CONTAINING 311.95 ACRES, MORE OR LESS.
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AVIATION EASEMENT
Whereas, THE SEBASTIAN GROUP, LTD., hereinafter called the
grantors, is the owner in fee of that certain parcel of land
situated in the City of Sebastian, Florida, County of Indian
River, known as the Saint Sebastian Planned Unit Development,
hereinafter called "Grantor's Property" and outlined on the
attached map (Exhibit I), more particularly described as follows:
THE SAINT SEBASTIAN PLANNED UNiT DEVELOPMENT
LEGAL DESCRIPTION
Township 30 South - Range 33 East - Section 36.
DESCRIPTION: Lot 1 and Lot 2, A.A. Berry's
Subdivision, according to the plat thereof filed in the
Office of the Clerk of the Circuit Court of St. Lucie
County, Florida, in Plat Book 2, Page 14, said land now
situate, lying and being in Indian River County,
Florida; also,
Lots 8, 9, 18, 19, less the Northwest 20 feet of said
Lot 19, Lots 20, 21, 22, 23, 24, 25, 26, 29, 30, 31,
32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45,
46, 47, 50, 51, 52, 53, 54, 55, 58, 59, and 60, all in
Fleming Grant, according to the plat thereof filed in
the Office of the Clerk of Circuit Court of St. Lucie
County, Florida, in Plat Book 1, Page 175, said land
now situate, lying and being in Indian River County,
Florida; also,
Roseland Satellite Field, Tract 4, as filed in Official
Records Book 77, Page 530, Indian River County,
AVIATION EASEMENT
PAGE 2
Florida, public records, more particularly decribed as
follows: Beginning at the East corner of Section 29 of
the Fleming Grant run S 45° 09' 04" W for a distance of
1,706.27 feet to a point; thence run N 44° 25' 58" W a
distance of 1,137.55 feet to a point; thence run N 01°
54' 57" E a distance of 963.48 feet to a point; thence
run N 45° 03' 04" E a distance of 1,009.32 feet to a
point; thence run S 44° 25' 58" E a distance of
1,797.75 feet to the Point of Beginning; also,
Tract C and that portion of Tract D shown on the Replat
of School Park Subdivision, as recorded in Plat Book 2,
Page 29, Public Records of Indian River County,
Florida, which lies Northerly of the centerline of the
section of Main Street which connects Main Street as
shown on the said Replat of School Park Subdivision
with Main Street as shown on the plat of Sebastian
Gardens Subdivision, as recorded in Plat Book 5, Page
58, Public Records of Indian River County, Florida;
also,
Tracts A, B, C, that port of Tract D lying North of
Main Street, Tracts E, F, G, H, I and J; Lots 1 through
3, inclusive, Block 3; Lots 1 through 13, inclusive,
Block 8; Lots 1 through 9, inclusive, Block 9; Lots 1
through 5, inclusive, Block 10; Lots 1 through 10,
inclusive, Block 11; Lots i through 10, inclusive,
Block 12; and Lots 1 and 2, Block A, all in Sebastian
Gardens, a subdivision according to the plat thereof
filed in the Office of the Clerk of Circuit Court of
Indian River County, Florida, in Plat Book 5, Page 58;
AVIATION EASEMENT PAGE 3
TOGETHER with any abandoned rights of way, alleys and
streets pertaining to the above-described properties,
and being more particularly described as follows:
From the East Corner of Section 29 of the Fleming
Grant, Indian River County, Florida, run S 45° 06' 34"
W a distance of 1,706.27 feet; thence run N 44° 28' 30"
W a distance of 1,137.55 feet; thence run N 01° 54' 57"
E a distance of 963.48 feet; thence run N 45° 06' 34" E
a distance of 1,009.32 feet; thence run N 44° 19' 18" W
a distance of 2,942.19 feet; thence run N 45° 00' 10" E
a distance of 660.0 feet; thence run S 44° 28' 30" E a
distance of 739.89 feet; thence run N 45° 00' 10" E a
distance of 330.0 feet; thence run N 44° 28' 30" W a
distance of 60.0 feet; thence run N 45" 00' 10" E a
distance of 330.0 feet; thence run S 44° 28' 30" E a
distance of 689.89 feet; thence run N 45° 00' 10" E a
distance of 330.0 feet; thence run S 44" 28' 30" E a
distance of 659.89 feet; thence run N 45" 00' 10" E a
distance of 1,036.47 feet; thence run S 44~ 18' 00" E a
distance of 2,040.68 feet to the most Northerly line of
Lot 2, A.A. Berry's Subdivision as recorded in Indian
River County, Florida; thence run N 44° 53' 17" E along
said Northerly line a distance of 1,197.31 feet to the
Westerly right-of-way line of the Florida East Coast
Railway and a point on a curve to the Southeast and
having for its elements a central angle of 4° 27' 36" a
radius of 8,544.42 feet; thence along said curve an arc
distance of 665.11 feet; thence run S 44° 53' 17" W a
distance of 1,125.16 feet; thence continue S 44° 53'
17" W a distance of 415.60 feet; thence run N 89° 51'
08" E a distance of 195.11 feet; thence run S 0° 08'
52" E a distance of 349.0 feet to a point on a curve to
the Southwest and having for its elements a central
AVIATION EASEMENT
angle of 20° 06' 50", a radius of 455.0 feet; thence
along said curve an arc distance of 159.73 feet to the
Point of Tangency; thence run S 45° 08' 52" W a
distance of 75.0 feet to the P.C. of a curve to the
Northwest and having for its elements a central angle
of 43° 41' 25" a radius of 480.0 feet; thence along
said curve an arc distance of 366.02 feet to the Point
of Tangency; thence run S 0° 22' 27" W a distance of
9.07 feet to a point on a curve to the Northwest and
having for its elements a central angle of 12° 19' 02"
a radius of 1,539.56 feet; thence along said curve an
arc distance of 330.97 feet; thence run S 45° 05' 23" W
a distance of 1,351.03 feet to the Point of Beginning.
Containing 311.95 acres, more or less, and subject to a
100.0 foot Florida Power & Light Company Easement and
also subject to all easements and road rights of way
record.
PAGE 4
SAID LAND SITUATE, LYING AND BEING IN INDIAN RIVER
COUNTY, FLORIDA.
CONTAINING 311.95 ACRES, MORE OR LESS.
NOW, THEREFORE, in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the Grantor, for
itself, its administrators, successors, and assigns or any
description whatsoever, does hereby grant, bargain, sell and
convey unto the City of Sebastian, Florida, the owner and
operator of the Municipal Airport, its successors and assigns of
every description whatsoever, hereinafter called the Grantee, for
the use and benefit of the public, all persons whosoever who may
operate aircraft to or from the said airport, and the Government
AVIATION EASEMENT PAGE 5
of the United States, an easement for the passage of aircraft
("aircraft" being defined for the purposes of this instrument as
any contrivance now known or hereafter invented, used, or
designed for navigation of or flight in the air) by whomsoever
owned or operated, except as to the "clear zone" described below,
in all of the airspace above Grantor's property above
seventy-five (75) feet above the Mean Sea Level to an infinite
height. Also a like easement in all the air space above forty
(40) feet above the Mean Sea Level, to an infinite height above,
of all such air space above the surface of the clear zone, which
clear zone is a part of the land of the Grantor, which parcel is
five hundred feet long and four hundred and fifty feet wide (500
by 450 feet) and which is situate two hundred and twenty-five
feet on each side of an imaginary extension of a line generally
northeasterly which line runs parallel to and is in the middle of
runway 4-22. The five hundred foot dimension of said parcel of
land runs from the western edge of Grantor's property and runs
five hundred (500) feet in a generally north easterly direction.
This clear zone easement is to provide for clear space for the
possible extension to the northeast of runway 4-22, a distance of
not more than 1,000 feet. The location of said clear zone is
generally shown on Exhibit II attached hereto. Said easements
are subject to exis'ting improvements, poles, and structures, and
no other structures or improvements may encroach within the
easements without consent of the City of Sebastian upon the
showing of good cause, or necessity. Said easements are granted
hereby along with the right to cause in all air space above the
surface of Grantor's property such noise, vibrations, fumes,
dust, fuel particles, and all other effects that may be caused by
the operation of any aircraft landing at, taking off from, or
operating at or on said Municipal Airport of the City of
Sebastian, Florida; and Grantor does hereby fully waive, remise
and release any right or cause of action which it may now have or
which it might have in the future against the Grantee or against
any persons or entities herein described, and any of their
AVIATION EASEMENT
PAGE 6
successors or assigns of any description whatsoever, due to such
noise, vibrations, fumes, dust, fuel particles, or all other
effects that may be caused by the operation, flight, use, or
presence of any such aircraft on, over, above, or around the said
airport.
To have and to hold said easements and right of way and all
rights appertaining thereto unto the Grantee and all others noted
herein until all of said airport shall be abandoned and shall
cease to be used for airport purposes, public or private, for a
period of at least one year, it being understood and agreed that
these covenants and agreements shall run with the land and shall
be absolutely binding on each and every buyer, lessee, grantee,
user, occupant, permittee, or any other person or entity of
whatever description who may have any interest in or to any part
or all of said land of Grantor, to include mortgagees, licensees,
holders of easements, trustees, any and all legal or equitable
owners of any conceivable interest whatsoever, now or anytime in
the future during the existence of these easements, or either of
them.
IN WITNESS WHEREOF, the Grantor, SEBASTIAN GROUP, LTD., has
executed this document, by a duly authorized officer thereof, who
has full authority to grant and execute this document on behalf
of the said Grantor, this /~ day of ~/~O~~/~', 1984.
Signed, sealed and delivered
in the presence of:
SEBA~AN GROUP, LT~. ,
Accepted by the City of
by:
es/Gallaghe~,, Mayor cD
AVIATION EASEMENT
PAGE 7
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER )
Before me, an officer duly authorized to take
acknowledgements in Indian River County, Florida, personally
appeared on the l~ day of _/~&~/~t~ , 1984, the following
persons:
Edward H. Vick
on behalf of SEBASTIAN GROUP, LTD.
Jim Galla~her
on behalf of the City of Sebastian
to me known to be the persons described in and who executed the
foregoing Aviation Easement by affixing their signatures hereto
in my presence and who acknowledged to me of their authority to
execute same on behalf of their respective principals for the
purposes herein stated as their respective free acts.
WITNESS my hand and official seal in Indian River County,
State of.~l~rida, this
14th day of November , 1984.
prepared by:
~OTARY ~OBLIC, S{PA~ OF FLORIDA
at Large.
My Commission expires:
No~ Pubic, SLate of
Thoma~ C. Palmer, Esq.
P.O. Box 145 (1037 Main Street)
Sebastian, Florida 32958
Attorney for the City of Sebastian,
a Florida Municpal Corporation.
TEST
0
MLILYB-F&MiLV
COMMERCIAL
18.0 1Bg, g$O SO. FT.
OFFICE $.0 54,000 SQ. FT.
RESIDENTIAL
SINGLE-FAMILY 13.0 3.0 DU/AC 39 UNITS
PATIO CLUSTER 38,93 6.0 DU/AC 234 UNITS
TOWNHOUSE 35,0 10.0 DU/AC 350 UNITS
MULTi-FAMILY 64,4 12,5 DU/AC 811 UNITS
PARKS 9.41
CONSERVATION 64.11
LAKES 36.45
EXHIBIT I TO AVIATION EASEMENT ._
.~..
SCALE ~
POWER LIHE 2.9
UTILITIES 4 ,$
RIGHTS 'OF'WAY 20.2,5
MAP H- 1
EXHIBIT I TO AVIATION EASEMENT
MASTER DEVELOPMENT PLAN
LIJ-3,
SAINT SEiOTIAN PUD
EXHIBIT 2 to AVIATION EASEMENT
RUNWAY 4-22 PROXIMITY TO DEVELOPMENT
RUNWAY
4~22
TEST
I
~.'="11
I!1
tol
COMMERCIAL 18.0 109. g50 SQ. FT.
OFFICI[ 5.0 54,000 SQ. FT.
RESIDGNTIAL
SINGLE-FAMILY 13.0 3.0 DU/AC 39 UNITS
PATIO CLUSTER 38.93 6.0 DUIAC 2:)4 UNITS
TOWNHOUSE 35,0 10.0 DU/AC 350 UNITS
MULTI-FAMILY 64.4 12.5 OU/AC 811 UNITS
THE CROSS-HATCHED AREA SHOWN IS THE
AREA OF THE CLEAR ZONE (450 feet by
500 feet) described in the Easement.
This is not to scale; but is to show
the location of the area via-a-vis
Runway 4--2~--a~--the ~je~.
PARKS 9.41
CONSERVATION 64.11
LAKES 36.45
POWER LINE 2.9
UTILITIES 4.5
RIGHTS-OF-WAY 20.25
S~IIRCE: SAINT SEBASTIAN ADA;
MAqTFR I'hFVFI PI
-f
,/
~AiNT S£SASr/A~
NOISE / ~'EA ~ ~'6NE CON$1DEA~A T/DAiS
~/NT
SEBAST/_~ PUD