HomeMy WebLinkAboutO-04-07
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I, Jeanette Williams, do hereby certiJY that this is a true and correct copy of Ordinance No. 0-04-07, as adopted by the Sebastian City Council
on June 2, 2004.
I hereby affix my signature this 11'" day of June, 2004.
Please return to:
City Clerk's Office 1111703
City of Sebastian THIS DOCUMENT HAS BEEN RECORDED
. IN TKE PUBLIC RECORDS Of
1225 Mam Street INDIAN RIVER COUNTY FL
Sebastian, FL 32958 BK: 1746 PG:430, Page1 of 5
",1_ al10:31 AM,
JEFFREY K BARTON. CLERK Of
COURT
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ORDINANCE NO. 0-04-07
etteWilliams,c~~)f~ I~...~>"
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AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND
CONSISTING OF 115 ACRES, MORE OR LESS, LOCATED ALONG
POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS
CROSS CREEK SUBDIVISION; PROVIDING FOR INTERIM LAND
USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Henry A. Fischer, the owner of the parcel of property described
herein, has petitioned the City for voluntary annexation of said land and due public notice
of this action has been given; and
WHEREAS, the City Council fmds and determines that the land proposed to be
annexed is contiguous to the City, will not result in the creation of any enclaves, and
constitutes a reasonably compact addition to the incorporated territory of the City; and
WHEREAS, the City Council of the City of Sebastian, Florida, finds and
determines that the annexation of said parcel is in the best interest of the City;
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 an unincorporated area of Indian River County, Florida, is hereby annexed into
tlIe City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to
include said real property:
The South Y:, of the Northwest V. of Section 30, Township 31 South,
Range 39 East, Indian River County, Florida, LESS the East 35 feet
thereof for right-of-way AND ALSO the Northeast Y. of the Southwest v.,
excepting the West 5 acres thereof, in Section 30, Township 31 South
Range 39 East
as shown on the map attached hereto as Exhibit "A", containing 115 acres more or less.
Section 2.
INTERIM LAND USE AND ZONING CLASSIFICATION.
The interim land use and zoning classifications for this property 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 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.
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 5.
SEVERABILITY. In the event a court of competent jurisdiction
shall hold or determine that any part of this Ordinance is invalid, unenforceable or
unconstitutional, including the DECLARATION OF COVENANT AND RESTRICTION
ON LAND contained in Exhibit "B", 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 provision.
Section 6. EFFECTIVE DATE. Following its adoption and recordation of
the DECLARATION OF COVENANT AND RESTRICTION ON LAND attached hereto as
Exhibit "B", as well as execution of the AGREEMENT BETWEEN THE CITY OF
SEBASTIAN, FLORIDA AND CROSS CREEK LAKE ESTATES, INC. AND DANIEL
SPENCER, TRUSTEE, PROVIDING FOR THE ANNEXATION OF CERTAIN
PROPERTY INTO THE CITY OF SEBASTIAN attached as Exhibit "C", this Ordinance
shall become effective concurrent with the effective date of Ordinance 0-03-16.
The foregoing Ordinance was moved for adoption by Councilmember
Coniglio The motion was seconded by Council member
Heptinstall and, upon being put to a vote, the vote was as follows:
Mayor Nathan B. McCollum aye
Vice-Mayor Joe Barczyk aye
Councilmember Ray Coniglio aye
Councilmember Lisanne Monier ave
Councilmember Michael Heptinstall aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 2nd day of
June, 2004.
ATTEST:
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CITY OF SEBASTIAN, FLORIDA
B~
Mayor Nathan B. McCollum
The effective date of this ordinance was subsequently
modified by Ordinance 0-04-18 to become effective
concurrent therewith.
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Approved as to form and legality for
reliance by the City of Sebastian:
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EXHIBIT "A'"
Exhibit "B"
Page 1 of2
DECLARATION OF COVENANT AND RESTRICTION ON LAND
TillS DECLARATION, made as of the date set forth below by Henry A.
Fischer, hereinafter referred to as "Declarant", governs the use of the following described
land lying and situate in Indian River County, Florida:
The South Y, of the Northwest y., of Section 30, Township 31 South,
Range 39 East, Indian River County, Florida, LESS the East 35 feet
thereof for right-of-way AND ALSO the Northeast y., of the Southwest \4,
excepting the West 5 acres thereof, in Section 30, Township 31 South
Range 39 East
containing 115 acres more or less, and provides that
WHEREAS, Declarant is the owner of the Land as de.scribed above, which
Declarant seeks to annex into the City of Sebastian, Florida,
NOW THEREFORE, Declarant hereby declares that all of said Land described
above shall be held, sold and conveyed subjec1 to the following restrictions and
covenants, which are for the purpose of protecting the value and desirability of the Land,
and shall run with said land and be binding upon all parties having any right, title or
interest in the Land or any part thereof, their heirs, successors and assigns, and shall
accrue to the benefit of each owner thereof:
1.
For a period often years from the date of annexation of the Land,
Declarant, its heirs, successors or assigns, covenant that they shall
not apply to rezone the Land, or otherwise seek to change the use
of said Land, in any manner that results in a residential use density
greater than 3 units per acre.
2.
The City of Sebastian is designated as a third-party beneficiary of
these Covenants and Restrictions, and Declarant stipulates that said
third-party beneficiary shall be entitled to refuse any application or
Exhibit "B"
Page 2 of 2
proposal submitted in violation of these Declarations without
recourse by Declarant.
IN WITNESS WHEREOF the undersigned, being the Declarant herein, has
caused these presents to be executed in its name by its duly authorized officer, as of this
day of
,2004.
Signed, sealed & delivered
In the presence of:
Henry A. Fischer,
Declarant
Printed name:
Witness
Printed Name:
Printed Name:
Witness
STATE OF FLORIDA
COUNTY OF INDIAN RNER
I HEREBY CERTIFY that on this day, before me an officer duly authorized in
the State and in the County aforesaid to take acknowledgements, personally appeared
Henry A. Fischer, Declarant, to me known to be the person described in the foregoing
instrument or who provided as identification, who
executed the foregoing instrument and acknowledged before me that he executed the
same. Said person was not under oath.
WITNESS my hand and official seal this day of
,2004.
Notary Public
My Commission Expires:
.
DECLARATION OF COVENANTS
AND
RESTRICTIONS ON LAND
THIS DECLARATION, made as of the date set forth below by CROSS CREEK LAKE
ESTATES, INe., a Florida Corporation, hereinafter referred to as "Declarant", governs the use of
the following described land lying and situate in Indian River County, Florida:
The South 1/2 of the Northwest 1/4 of Section 30, Township 31
South, Range 39 East, Indian River County, Florida.
WHEREAS, Declarant is the owner of the Land as described above, which Declarant seeks
to annex into the City of Sebastian, Florida,
NOW THEREFORE, Declarant hereby declares that all of said Land described above shall
be held, sold and conveyed subject to the following restrictions and covenants, which are for the
purpose of protecting the value and desirability of the Land, and shall run with said Land and be
binding upon all parties having any right, title or interest in the Land or any part thereof, their heirs,
successors and assigns, and shall accrue to the benefit of each owner thereof:
1. For a period often years from the date of annexation of the Land, Declarant,
its heirs, successors or assigns, covenant that they shall not apply to rezone
the Land, or otherwise seek to change the use of said Land, in any manner
that results in a residential use density greater than 3 units per acre.
2. The City of Sebastian is designated as a third-party beneficiary of these
Covenants and Restrictions, and Declarant stipulates that said third-party
beneficiary shall be entitled to refuse any application or proposal submitted
in violation of these Declarations without recourse by Declarant.
IN WITNESS WHEREOF the undersigned, being the Declarant herein, has caused these
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presents to be executed in its name by its duly authorized officer, as of this L day oJ~ 2004.
Signed, sealed & delivered
In the presence of:
DECLARANT:
Cross Creek Lake Estates, Inc.,
a Florida Corporation
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Printed Name: w~t'A/ tv ,/#
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'- Printed Name: p/i211b. C. fit!!
Witness
STATE OF FLORIDA
COUNTY OF INDIAN RNER
I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State and
in the County aforesaid to take acknowledgments, personally appeared Henry A. Fischer, as
President of Cross Creek Lake Estates, Inc., a Florida Corporation, on behalf of the corporation,
Declarant, ~. me known to be the person described in the foregoing instrument or who provided a
Florida driver's license as identification, who executed the foregoing instrument and acknowledged
before me that he executed the same. Said person was not under oath.
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WITNESS my hand and official seal this o? ~ day of)l4ay;-2004.
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AGREEMENT BETWEEN THE CITY OF SEBASTIAN, FLORIDA
AND CROSS CREEK LAKE ESTATES, INC. AND DANIEL SPENCER, TRUSTEE,
PROVIDING FOR THE ANNEXATION OF CERTAIN PROPERTY INTO
THE CITY OF SEBASTIAN
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THISAGREEMENTismadeandenteredintothis c:A';"-- dayof .JCin&
,2004,
between the CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the State of Florida,
("Sebastian" or "City") and CROSS CREEK LAKE ESTATES, INe., a Florida Corporation,
(successor to Henry Andrew Fischer) and DANIEL SPENCER, Trustee of that certain Testamentary
Residual Trust under the Will of Henry H. Schact, (collectively "Property Owners").
WITNESSETH:
WHEREAS, Property Owners are the owners ofthe real property located in unincorporated
Indian River County, Florida, which is legally described on Exhibit "A" attached hereto and which
is known as CROSS CREEK LAKE ESTATES ("Cross Creek"); and
WHEREAS, Cross Creek is contiguous to the municipal boundaries of Sebastian; and
WHEREAS, Sebastian desires to annex Cross Creek into its municipal boundaries and said
annexation would not result in the creation of any enclaves, and the annexation of Cross Creek will
be in the best interests of Sebastian and its residents; and
WHEREAS, Sebastian can provide the necessary general government, non-proprietary
services normally being provided to its residents, such as police protection, code enforcement,
building and zoning services to Cross Creek as needed; and
WHEREAS, City and Property Owners support the annexation of Cross Creek into the City
and the City is willing to enter into this Agreement pursuant to the authority of the Florida
Constitution (including Article VIII, Section 2(b) and 2( c) thereof), the general powers conferred
upon municipalities by statute and otherwise (including Chapter 166 and Chapter 171, Florida
Statutes) and the City's Charter; and
WHEREAS, Sebastian and Property Owners desire to establish agreements relating to land
development, upon the annexation of Cross Creek into the City of Sebastian.
NOW THEREFORE, the parties agree as follows:
I. The foregoing recitations are true and correct and are incOtporated herein by
reference.
2. Sebastian and Property Owners are proceeding with the voluntary annexation of Cross
Creek into the City of Sebastian. Upon the annexation of Cross Creek into the City, this Agreement
shall govern the parties' rights and obligations regarding Cross Creek as to the matters provided for
herein.
3. The parties agree to promptly and diligently pursue an amendment to Sebastian's
Comprehensive Land Use Map to accommodate the land uses of Low Density Residential (LDR).
After the Map amendment has taken effect, Sebastian agrees to cooperate with Property Owners in
the rezoning to Single Family Residential (RS-lO) and issuance of other development orders
(permits) necessary for the development of Cross Creek. It is contemplated by the parties that the
full development of Cross Creek will be undertaken in phases and extend over a number of years.
4. The access to Cross Creek will be from Barber Street then South on 70th Avenue
(Power Line Road). The City of Sebastian has requested that Power Line Road be improved from
Barber Street South to the Southern boundary line of the Fischer Property as described in Exhibit
"A" (the "Improved Area"). The Property Owners agree to be responsible for the cost of improving
70th Avenue (Power Line Road), within the Improved Area, as described in Exhibit "B" attached
hereto. The City further agrees that it will not require the Property Owners to improve 70th Avenue
(Power Line Road) South of the Improved Area.
5. The City agrees that if the Improved Area is not already within the City limits, the City
2
will be responsible for taking all action necessary to annex the Improved Area into the City within
90 days from the effective date of Ordinance 0-04-07 (the "Annexation Ordinance"). With the
Improved Area being within the City limits and the land on both sides (East and West) of the
Improved Area lying within the City limits, the City will control this section of70th Avenue (Power
Line Road) and the City's design standards for City streets will apply to the design and construction
within the Improved Area. See City design standards attached hereto as Exhibit "C". The City
agrees that the location of the Improved Area shall be within the existing stabilized roadway area
that is currently being maintained, which is in the Eastern portion of the existing right-of-way for
70th Avenue (Power Line Road). The Improved Area will be located and designed such that the
existing power transmission poles belonging to Florida Power & Light within its easement as
recorded in Official Records Book 521, Page 406 of the Public Records of Indian River County,
Florida shall remain in place and not need to be relocated. Daniel Spencer, Trustee, as owner of
Parcel II described in Exhibit "A", agrees to dedicate and convey without charge to the City,
sufficient land as required by the City, within the area occupied by the Florida Power & Light
easement for its power poles, along the Eastern boundary of the property, in order to accommodate
the design of the Improved Area.
6. This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained herein and the
parties agree there are no commitments, agreements or understandings concerning the subject matter
of this Agreement that are not contained in or incorporated into this document.
7. All notices, demands, requests or replies provided for or permitted by this Agreement
shall be in writing and may be delivered by one of the following methods:
3
A. By personal delivery.
B. By deposit with United States Postal Service as certified or registered mail, return
receipt requested, postage prepaid, to the addresses stated below. Notwithstanding these
requirements, there must be written acknowledgment of receipt of notice. For purposes of notice,
demand, request or payment, the address of the City shall be:
The City of Sebastian
1225 Main Street
Sebastian, Florida 32958
The address of the Property Owners shall be:
c/o Henry Andrew Fischer
Fischer & Sons, Inc.
P. O. Box 780068
Sebastian, FL 32978
with a copy to:
Warren W. Dill, Esq.
Dill & Evans, P.L.
1565 U.S. Highway I
Sebastian, FL 32958
Daniel Spencer, Trustee
c/o Steven Lulich, P.A.
P.O. Box 781390
Sebastian, FL 32978-1390
4
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first
above written. The date ofthis Agreement shall be the date on which this Agreement was approved
by the City of Sebastian.
CITY OF SEBASTIAN
PROPERTY OWNERS:
Cross Creek Lake Estates, Inc.,
a Florida Corporation
By:/~t,(~U
4'renry ndrew Fischer, its President
B~V~
Title. ('A:!;r. .r-z,,-':1.......
Typed nam9fOfficer: errence . Moore
ATTES .
Sally A.
City Clerk
form and legality:
-a.
STATE OF RI A
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this ~ day of June
2004, by Terrence R. Moore ,as City Manager
of the City of Sebastian, Florida, a municipal corporation existing under the laws of the State of
Florida, on behalf of the City, who is personally known to me. Of-.:wlie-f1as-pOGQ~
as ieefltiiieaa:eR.
(jj dJJ.LUrv:J-
STATE OF FLORIDA
COUNTY OF INDIAN RNER
.ti
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The foregoing instrument was acknowledged before me this ~ day of, Jarl~
2004, by Henry Andrew Fischer, as President of Cross Creek Lake Estates, Inc., a Florida
Corporation, on behalf of the corporation, who is personally known -10 me or who has produced
as identification.
, tary Public
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STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this ~ day of ~n e..
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as identification.
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EXHIBIT "A"
(Legal Descriptions)
Parcel I - Corporation (Fischer) Property
The below described property is owned by Cross Creek Lake Estates, Inc.
South 1/2 of the Northwest 1/4 of Section 30, Township 31 South,
Range 39 East, Indian River County, Florida.
Parcel II - Trust Property
The below described property is owned by Daniel Spencer, Trustee of that certain
Testamentary Residual Trust under the Will of Henry H. Schacht:
The Northeast 1/4 of the Southwest 1/4, EXCEPTING THE WEST
5 ACRES THEREOF, in Section 30, Township 31 South, Range 39
East, Indian River County, Florida.
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LAKE ESTATES EXHIBIT 'e' -~- fr-!;
----
---
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Exhibit "B"
(Improved Area)
..
.' ,
EXHIBIT "c"
(City Design Standards)
A qualified and experienced registered Professional Engineer in the State of Florida, shall
engineer the design for the Improved Area, which design shall be presented for review and approval
by the City and shall be consistent with the appropriate provisions and intent of the specifications
set out by AASHTOIFDOT, the MUTCD, the City Land Development Code, the City code of
Ordinances and the terms of this Agreement.
ATAUECO~
CERTJFtCATlONONtAS't'PAGI
J.K. BARTON. ClEflK
in violation of these Declarations w~thout recourse by Declarant
beneficiary shall be entitled to refuse any application or proposal submitted
Covenants and Restrictions, and Declarant stipulates that said third-party
2. The City of Sebastian is designated as a thiTd~party beneficiary of these
that results in a residential use density greater than 3 units per acre.
the Land, or otherwise seek to change the use of said Land, in 3:1Y :nanner
its heirs, successors or assigns, covenant that they shall not apply to rezone
1. For a period often years from the date of annexation of the Land. Decisrant,
successors and assigns, and shall accrue to the benefit of each owner thereof:
binding upon all panies having any right, title or interest in the Land or any part thereof, their heirs,
purpose of protecting the value and desirability of the Land, and shall run with said Land and be
be held, sold and conveyed subject La the following restrictions and covenants, which are for the
'NOW TI-ffiREFORE, Declarant hereby declares that all of said Land described above shall
to annex into the City of Sebastian, Florid~
\VHEREAS, Declarant is the owner of the Land as described above, which Dcclaran~ seeks
The Northeast 1/4 of the Southwest 1/4, eAcepting the \VesL5 acres
thereof. in Section 30, Township 31 South, Range 39 East, Indian
River Coumy, Florida.
County, Florida:
to as "Declarant", governs the use of the following described land lying and situate in Indian River
of that certain Testamentary Residual Trust under the Will of Henry H. Scoaet, hereinafterreferred
THIS DECLARATION, made as of the date set forth below byDANIELSPENCER, Trustee
DECLARATION OF COVENANTS
AND
RESTRICTIONS ON LAND
1561292 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 1760 PG: 963, 07/19/2004 08:46 AM
.'
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BK: 1760 PG: 964
IN WITNESS WHEREOF the undersigned, being the Declarant herein, has caused these
t~
presents to be executed in its name by its duly authorized officer, as ofthis ~day of N ~"1 ,
2004.
Signed, sealed & delivered
In the presence Of:~.
~ -.
Printed Name: 5 t ~v ,,"'-I Ll.l..L ,c..~
&
Print ~ame:~~\o~
Witness
STATE OF FLORIDA
COUNTY OF INDIAN RNER
I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State and
in the County aforesaid to take acknowledgments, personally appeared Daniel Spencer, Trustee,
Declarant, to me known to be the person described in the foregoing instrument or who provided a
Florida driver's license as identification, who executed the foregoing instrument and acknowledged
before me that he executed the same. Said person was not under oath.
WITNESS my hand and official seal this (j.1..\ -eJ.. day of f}1. A- ~ , 2004.
__ Not~ ~
1IV~'IlD'" My Commission Expires:
EllI'RI: 1IlIJlG,1JOS
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS A
TRUE AND CORRECT COpy OF THE
ORIGINAL ON FILE IN THIS OFFICE,
"'cou~"r, ",1{. BA~RK
J'':.CiiOi'....''o'\ .Q: ~
~/ ...,,~. BY ,
I l~i .(
e\~~)'" 0 TYCLERK
N~:;;;;;;,;;;.z DATE "7 //rOO(/~
/ /
Jun 24 2004 l,16PM
FISCHER 8, SONS
7725897'731
p.3
1553687 RECORDED Di T"riE i\ECOSDS OF ~lfRE-Y i\: BARTON... CLERK C:tRCUI'l' COURT :nqo:u\.N
RIVE~ co F~, BK: 1749 PG: 40D, 06/21/2004 04~27 ~
DEC"i "'-"RATiON OF CO}'ENAl\"TS
M!ll
OI'fiA"MiiCTtONS ON lA'll."])
T.>U5 DECLARATION. mo<le .. of 1llt .... set forth bclow by CROSS CREEK LAKE
ESTATES, iNC.: a Rorida Corporation. hereinafte;- referred to as "Declarailf':', gO".retl1S t1e use of
the following descrioai lA.'"ld lying and situate ni hldian: River County, Florida:
The South 1/2 of-the N_ 1/4 ofS"","", 30, rOWllSbip 31
South, Range 39 East, jndi31l River Coo.:'i, Florida.
.wEiEREAS, Declarant:is ttlecwner ;)fthe L..and as def;gi,})ed above, 'j\'-hicll. Declari'lilt srek.s
to 8Zls.lCX inW the City ofSe~iU"1. Florida.
NOW TrlEP.EfORE, De<J=t horeby deolzres thai ail of said !..and descrfoed""",,,, ,hall
be hem. soid and cozn"C"jed subject to the following resticti.ons si covmants. which are fur the
pu....-pose of protcc:tlng ~ l,oluc and ~sirability of the Land.. and ~l I"li:a ~ith said Land a...ld be
bi:nding upcn all parties having an}"right, title or interest in d1c Land or any part thereof, their heirs,
"""",sors aod ssaigns, aDd ,boll occrue t::> the _, of eoch 0Ml'" theroof:
1. For aperiodofteoyesrs frou;.ti:le da1e of anoexatiOil of the Land, Declarant,
it:,:; hcl\S~ s~essors err assip, COycnant tit.st they shaii not apply to rezone
!::he u.nd, or ctherwi1lC seek to char.ge the use of said Land. i..., any :rr..anne:r
mat resclts in a rasiden'tW use deosity greatet than :; ucla per ac:e.
2.. Tue City of Sebastian. is designated as a tbird-part}" ixmoficiary of these
co....-w.s.."'1t& and Restrictiooa, and Decia..-am &tipu}at(::a the1 said Wrd-pa..-ty"
beneficiary shall be ""tilled to rclWe any app~ or ~ mbmittod
in ;,-iolatioo. afthcse DeciatatKms without ~ by Dccla:rani.
,
A'ilU fJffN
camFleATIClNOfnMrPMI
"'.K. iWU'OIf, CLERI(
Jun 24 2004 1:16PM
FISCHER 8. SONS
7725887731
,
$: 1.749 ?G: 401
iN w.rrNBSS W"EEREOF the ~ii'1ed, bciDj; tlle Declarant !=tin, bas - these
,tJ; .:fUllv
presents to be... ",<lled i., its name by lIS duiy ..lhorioed officer, as of this L<b<yo~ 2004.
Signed, ;.oaled & deih""ed
In the presonoe "f:
DECLARANT:
Cross c.-.ek LoI<o Es_ inc.,
. Florida Co%p<>nI1ign
BY~"/~ /.
r Hmry t.. Fischt:r, its President
I/}~.&--~ .
Printed Name: wlIf€,<(- kn.i)/Il
Witness ~
L-~;'" ~ ./<3. -
Printed Name: ~nh (!. Ildl
Witne;s
STATE OF FI.0RiDA
CUUNIT OF ll><vlAN lUVER
I HEllEBY CERTIFY tDatOlllllis clay, _ """'" ,,!Ii_duly _rized in fr.. State and
in the County aforesaid 10 take aclcnowledgm<<llS, persaWly appoared. Henry A. Fiscller, ..
President cf er<lS> Creek Lake _, Inc.. a Flmicla ~n. on behalf .fthe ""'1"""lion,
Dz;::ia."2iit.. to me known to be the pe:ri(l!l described in the f'cregoing instIument or who provided a
Fioridacirive'4's iicenseas idmti:fication. who executed the foregoinginstromentandackn.owledged
before me ti:mt he c~ the sa:ne.. Said person Vr'aii DOt cmdex eam.
. <i ;Ji[..e--
WITNESSmyhmdando!licialoealthi> d(~ dayof~2004.
/:#A~e~
"-"Noi:s.Iy Publk: .
My Coonalission Exp~~
~c.!ill
Jo<<~I<<:GG14S9ii&i
~7,2GG!i
tolI:S!'K:u':t::t:'F,",,~':l::
llTA'I1iOl'~
INDIANfIM1ll'l~1tlAT_.t\
mslSTO --QF'MI
iAU;; AND........ ,ECI'",",~
O.RI~Jt!Al. ONAl.ii~~~
&1)""'" '
f~rd ~l ...
\.. 'W ~QJIJit(
'~~.qttli M"i'li! C,,- 2,1- 7.00'1"
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STATE OF FLORIOA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH
Covernor
THADDEUS l. COHEN, AlA
Secretary
November 17, 2004
it--"
C'~)
C) I
The Honorable Nathan B. McCollum
Mayor, City of Sebastian
1225 Main Street
Sebastian, Florida 32958
C)
i.... "
Dear Mayor McCollum:
The Departmcnt of Community Affairs (Department) has completed its review of the
Comprchensive Plan Amcndment (DCA No. 04-2) adopted by Ordinance No. 0-14-18 on
Septcmber 22, 2004, for the City of Sebastian and determined that it mccts thc requirements of
Chapter 163, Part 11, Florida Statutes (F.S.), for compliance, as detincd in Subsection
163.3184(l)(b),I'.S. The Dcpartment is issuing a Noticc ofIntent to find the plan amendment In
Compliance. The Notice of Intent has bccn sent to the Jupiter Courier (Vero Beach Press
Journal) for publication on November 18,2004.
The Department's notice of intent to find a plan amendment in compliance shall be
deemed to be a final order ifno timely petition challenging the amendment is filed. Any affected
person may file a petition with the agency within 21 days after the publication of the notice of
intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a
development, dependent on thc amendment may be issued or commence before the plan
amendment takes effect. Please be advised that Section 163.3184(8)(c)2. I'.S., requires a local
government that has an Internet site to post a copy of the Department's Notice of Intent on the
site within ~ days after receipt of the mailed copy of the agency's notice of intent.
Please note that a copy of the adopted City 0 f Sebastian Comprehensive Plan
Amendment, and the Notice ofTntent must be available for public inspection Monday through
Friday, except for legal holidays, during normal business hours, at the City of Sebastian, City
Hall, Clerk's Oflice, 1225 Main Street, Sebastian, Florida 32958.
~ ~s'~'~'~~ A R"'D~~ 0 U LEV A R D ' TAL L A HAS SEE, F LOR I D A 3 2 3 9 9 _ 2 1 00
Phone: 850.488.8466/Suncom 278.8466 Fi\X: 850.921.07811Suncom 291.0781
Internet address' hJtR,.;!iw'!.y'w_~,st~-,-JI.u.2.
CRITICAL STATE CO\lURN FIElD OrrlU
2796 Over\CJSHighvJ.Y. Suite 211
,\I"rdlnorl,FL31050-2l27
00:;)21:19.1402
COM,\\UI\ITY PLA'INIf'.G
1555 Sr.uclardOdk GDu:i..'vJrd
TdIIJha"ce,FL323'J,).21UO
(i:\5C)488-2.156
EMfRGEr--CY ,\\,.l,~AGEMENT
2555 Shumard OJ~ Bo,-,I~vard
TJllahG>sep,Fl3!399-21UO
(8::>01413-9%9
HOUSING & COM'rlL.'Nln' DEVElOP\\fNT
2555 Sh'.ll!1dtuO.:!k BO\lleVdru
ralldnJssrr,FL32399-2100
(IJ50) 488.7956
..,.
....
The Honorable Nathan B. McCollum
November 17,2004
Page 2
[fthis in compliance determination is challenged by an affected person, you will have the
option of mediation pursuant to Subsection 163.3 1 89(3)(a), F.S. [fyou choose to attempt to
resolve this matter through mediation, you must file the request for mediation with the
administrative law judge assigned by the Division of Administrative Hearings. The choice of
mediation will not affect the right of any party to an administrative hearing.
[f you have any questions, please contact Roger Wilburn, Principal Planncr, or Dan
Evans, Planner, at (850) 922-1805.
Sinccrely yours,
~~
Charlcs Gauthier, A[CP
Chief of Comprehensive Planning
CG/des
Enclosure: Notice of Intent
cc: Mr. Tracy Hass, Director of Growth Management
Mr. Michael Busha, Executivc Dircctor, Treasure Coast Regional Planning Council
" ".,
"
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FIND THE
CITY OF SEBASTIAN
COMPREHENSIVE PLAN AMENDMENT
IN COMPLIANCE
DOCKET NO. 04-2-NOI-3l 05-(A)-(I)
The Department gives notice of its intent to find the Amcndment to the Comprehensive Plan for
the City of Scbastian, adopted by Ordinanec No. 0-14-18 on September 22, 2004, IN COMPLIANCE,
pursuant to Sections 163.3184, 163.3187 and l63.3i89, F.S.
Thc adopted City of Sebastian Comprehcnsive Plan Amendment and the Department's Objections,
Rccommendations and Comments Report, (if any), arc available for public inspection Monday through
Friday, except for legal holidays, during nonnal busincss hours, at the City of Sebastian, City Hall, Clerk's
Offiec, 1225 Main Street, Sebastian, FL 32958.
Any affccted person, as defined in Section 163.3184, F.S., has a rightto petition for an admin-
istrative hearing to challenge the proposed agcney determination that the Amendment to the City of
Sebastian Comprchensive Plan is In Compliance, as defined in Subsection 163.3184(1), F.S. The peti-
tion must be filed within twenty-one (21) days after publication of this notice, and must include all of
thc information and contents described in Uniform Rule 28-106.20 I, FAC. Thc petition must be filed
with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 32399-2100, and a copy mailed or delivered to thc local govcmment, Failurc to timely file a
petition shall constitute a waiver of any right to rcquest an administrative procceding as a petitioner under
Sections 120.569 and 120.57, F.S. Ifa petition is filed, thc purpose ofthe administrative hearing will be
to present evidencc and testimony and forward a recommended order to thc Department, If no petition is
filed, this Notice of Intent shall bccome final agency action.
If a petition is filed, othcr affected persons may petition for leave to intervene in the proceeding.
A pctition for intervention must bc filed at least twenty (20) days before the final hearing and must includc
all of the information and contents describcd in Uniform Rule 28-106.205, FAC. A petition for leave to
intervene shall be filed at thc Division of Administrative Hearings, Department of Management Scrvices,
1230 Apalaehee Parkway, Tallahassee, Florida 32399-3060. Failure to petition to intervene within the
allowed time framc constitutcs a waiver of any right such a person has to request a hearing under Sections
120.569 and 120.57, F.S., or to participatc in the administrative hearing.
After an administrative hearing petition is timcly filed, mediation is available pursuant to Sub-
section 163.3 I 89(3)(a), F.S., to any affected person who is made a party to thc proceeding by filing that
request with the administrative law judge assigned by the Division of Administrative Hearings. The choice
of mediation shall not affect a party's right to an administrative hearing.
C--A. ~ ~
Charles Gauthier, AICP ""'"
Chicf of Comprehcnsivc Planning
Division of Community Planning
Department of Communitv Affairs
2555 Shumard Oak Boulevard
Tallahassec, Florida 32399-2100