HomeMy WebLinkAboutO-04-131, Jeanette Williams, do hereby certify that this is a true and correct copy of Ordinance No. 0-04-13, as
on June 2, 2004.
I hereby alT~ my signature this 27t~ day of July, 2004.
Please return to:
City Clerk's Office
City of Sebastian
1225 Main Street
Sebastian, FL 32958
ORDINANCE NO. 0-04-13
AN ORDINANCE OF THE CITY OF SEBASTIAN,
PROVIDING FOR THE VOLUNTARY ANNEXATION
LAND CONSISTING OF 152 ACRES, MORE OR LESS, NORTH
OF CR 510 AND SOUTHEAST OF ELKCAM DAM KNOWN AS
RIVER OAKS PRESERVE; PROVIDING FOR INTERIM LAND
USE AND ZONING CLASSIFICATION; PROVIDING FOR
CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
Council
V'gttEREAS, WCG/Neel-Schaffer, Inc., on behalf of Wolfe Development, Inc.,
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
WI-IEREAS, the City Council finds 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 0f 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
TIlE 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
the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to
include said real property:
PARCEL 1:
West ¥2 less the West 40 acres of the Southeast ~,~ of Section 25, Township 31
South, Range 38 East, less fight-of-way for County Road 510;
Together with
PARCEL 2:
The South 100 feet of the North ~/~ of the Northeast IA of Southeast lA and South
¥2 of Northeast ~,~ of Southeast ~,~ and Southeast ~,4 of Southeast ~,~; less canal
THI6 DOCUMENT HA~ ~EEN RECORDED
IN THE I~UC RECORDS OF
IN~AN RWER COUNTY FL
BK: 1810 PG:4??, Page1 of?
JEFFREY K ~U~TON, CLERK OF
CO~T
right-of-way: less South 40 feet for road right-of-way, Section 25, Township 31
South, Range 38 East. Said parcel containing 60.74 acres more or less;
Together with
PARCEL 3:
East a~ of Northeast ~,~ of Southwest ~,~, less canal right-of-way Section 25,
Township 31 South, Range 38 East; less that portion lying west of the
200 foot Sebastian River Floodway.*
Together with
PARCEL 4:
North '~ of the West 40 acres and the East 10 acres of the South V2 of the West
40 acres of the Southeast '~ of Section 25, Township 31 South, Range 38 East
less right-of-way for County Road 510;
containing a total of 152.21 acres more or less.
Section 2. INITIAL 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 Depamnent 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 DECI_ARATION OF COVENANT AND RESTRICTION
ON LAND contained in Exhibit "A", 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.
*Scrivener's error in original legal corrected to reflect the intent
of City Council on June 2, 2004.
Section 6. EFFECTIVE DATE. Following its adoption and recordation of
the DECLARATION OF COVENANT AND RESTRICTION ON LAND attached hereto as
Exhibit "A", this Ordinance shall become effective concurrent with the effective date of
Ordinance 0-03-26.
The foregoing Ordinance was moved for adoption by Councilmember
Coniglio The motion was seconded by Councilmember
Monier and, upon being put to a vote, the vote was as follows:
Mayor Nathan B. McCollum nay
Vice-Mayor Joe Barczyk nay
Councilmember Ray Coniglio ave
Councilmember Lisanne Monier aye
Councilmember Michael Heptinstall
The Mayor thereupon declared this Ordinance duly passed and adopted this
of June, 2004.
aye
2nd day
ATTEST:
Sally A. I~o, CMC
City Clerk
for
The effective date of this ordinance was subsequently
modified by Ordinance 0-04-18 to become effective
concurrent therewith.
CITY OF SEBASTIAN, FLORIDA
Mayor Nathan B. McCollum
Approved as to Form and Legality
Reliance by the City of Sebastian:
DECLARATION OF COVENANT AND RESTRICTION ON LAND
THIS DECLARATION, made as of the date set forth below by Wolfe
Development, Inc., hereinafter referred to as "Declarant", governs the use of the
following described land lying and situate in Indian River County, Florida:
PARCEL 1:
West V2 less the West 40 acres of the Southeast 1,4 of Section 25, Township 31
South, Range 38 East, less right-of-way for County Road 510;
Together with
PARCEL 2:
The South 100 feet of the North ¥~ of the Northeast 1,4 of Southeast lA and South
½ of Northeast ~.4 of Southeast ~,4 and Southeast ~.~ of Southeast 1,4; less canal
right-of-way: less South 40 feet for road right-of-way, Section 25, Township 31
South, Range 38 East. Said parcel containing 60.74 acres more or less;
Together with
PARCEL 3:
East ¥2 of Northeast IA of Southwest ~A, less canal right-of-way Section 25,
Township 31 South, Range 38 East; less that portion lying west of the
200 foot Sebastian River Floodway.
Together with
PARCEL 4:
North IA of the West 40 acres and the East 10 acres of the South V2 of the West
40 acres of the Southeast a.4 of Secdon 25, Township 31 South, Range 38 East
less right-of-way for County Road 510;
containing a total of 152.21 acres more or less, hereinafter called the "Land", and
provides that
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 mn 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:
For a period of ten 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.
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 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:
Wolfe Development, Inc.,
Declarant
By:.
Printed name: Printed Name:
Witness Its:
Printed Name:
Witness
STATE OF FLOPdI)A
COUNTY OF
I I4~.REBY CERTIFY that on this day, before me an officer duly authorized in the State
and in the County aforesaid to take acknowledgements, personally appeared
· as of 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/she executed the same. Said person was
not under oath.
WIN'ESS my hand and official seal this
2004.
day of
Notary Public
My Commission Expires:
1630019 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 1850 PG: 923, 03/23/2005 02:14 PM
0-01.1-/3
()-(,Iq./i}
Prepared by and return to:
Philippe C. Jeck, Esq.
Jeck, Harris & Jones, LLP
1061 E. Indiantown Road, Suite 400
Jupiter, FL 33477
Declaration of Covenant and Restriction on Land
THIS DECLARATION, made as of the date set forth below by Chance Holdings,
LLC, a Florida limited liability company and 1-17 E. Mein Street Bay Shore, Inc., a New
York corporation, hereinafter referred to as "Declarant~, governs the use of the following
described land lying and situate in Indian River County, Florida;
PARCEL 1:
West % less the West 40 acres of the Southeast 1J. of Sectlon 25, Township 31 South.
Range 38 East, less right-of-way for County Road 510;
Together with
PARCEL 2:
The South 100 feet of the North yz of the Northeast 1J. of Southeast % and South % of
Northeast y;, of Southeast % and Southeast ~ of Southeast %; less canal right-of-way;
less South 40 feet for road right-of-way, Seclion 24, Township 31 South, Range 38 East,
Said parcel containing 60.74 acres more or less;
Together with
PARCEL 3:
East % of Northeast % of Southwest %, less canal right-ot.way Section 25, Township 31
South, Range 38 East; less that portion lying west of the 200 foot Sebestian River
Floodway.
Together with
PARCEL 4:
North % of the West 40 acres and tlie East 10 acres of the South 1'2 of the West 40 acres
of the Southeast Y. of Section 25, Township 31 South, Range 38 East less right-of-way
for County Road 510;
Containing a total of 147 acres more or less. hereinafter called the ~Land", it being
intended that the afore-described property is one and the same property described in
that certain Special Warranty Deed recorded in Official Records Book 1846. Page 527,
Public Records of Indian River County, Florida.
A TRUE COPY
CERTIFICATION ON lA81'PMIl
J.K. BARTON, ClERK
BK: 1850 PG: 924
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 of ten years from the date of annexation of the Land,
Dedarant, 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
beneficialY shall be entitled to refuse any application or proposal
submitted in violation of these Declarations without recourse by
Oedarant.
IN WITNESS WHEREOF the undersigned, being the Dedarant herein, has
caused these presents to be executed in its name by Its duly authorized officer, as of this
,?Iff-day of /Jt ~ .2005.
A TRue COPY .
CERTIACATION ON LAST ~.&,.,..
J.K. BARTON, ClERK ......
BK: 1850 PG: 925
Signed. sealed & delivered
In the presence of:
MEMBERS:
1-17 EAST MAIN STREET BAYSHORE,
INC., a w York corporation
~
~;<.," (f:
Printed me:lnA; KL,SI<E
Witness ~
Print::"::::..... ~.~~
Witness
Slate of Florida
County of M.d'N
I HEREBY CERTIFY that on this ~ day of M.rc A , 2005 before me, an
officer duly authorized in the State and in the County aforesaid to take
acknowledgments, personally appeared Charles Modica, Vice President 1 - 1 7 E. Main
Street Bay Shore. Inc., a New York corporation, as member of Declarant, to me known
to be the person described in the foregoing instrument or who provided
,h"'o.>t'S L<.n 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 21.-Ilray of d L.'
~.,.NoCItyPL4l/iC5IllleofFlolkl8 ~-
~'J" c",,"""" Nolary Public
~ My~nD03957~ My commission expIres:
~..) E......'2J19J2Ol19
A TRUt: Co
CIERT/FICA Py .
J./(. 8AFirnTfON ON I A^
-.. CLEIiIc --7 /JAG,
BK, 1850 PG, 926
GREAT SOUTH BAY, llC, a Maryland
limited liability company
~~ .
:I
Printed me: s-rli'JlEW'" J.A1r&.E"v",.ov'
Witn~s ~
Print ~e. ' ::; r .a,roa.;.
Witness
State of 1YlJ.,'i~ J..
County of ~
I HEREBY CERTIFY that on this..;l;>';(.y of /ho/"cA . 2005 before me, an
officer duly authorized in the State and in the County aforesaid to take
acknowledgments, personally appeared Paul McNamara, Manager of Great South Bay,
lLC, a Maryland limited liability company, as member of Declarant, to m~ known to ~e
the person described in the foregoing instrument or who provided G1. oIy(\.<ovs L~
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 thiSU~ay of 11I~d- ,2005,
. ~
.~.:,;\,.~m~".,~.IIt".... Notary Public
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. " DAVID C",
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" Slate."
;:__~ ' MontgrL '
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nd
,ty
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,
STATE OF FLORIDA
INOlAN RIVER COUNTV
THIS IS TOCERTlFYTHA1'1HBBA
TRUE ANDCORRECTOOP'IClfTHI
ORIGINAL ON FlUlIN TH1lI OR'lCl.
t",<;iZUNr' ~~~ -~
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
IEB BUSH
COVCrrlor
THADDEUS l. COHEN, AlA
SecretJry
November 17,2004
l!--'-"
(J.'~-'
c; :
The Honorable Nathan B. McCollum
Mayor, City of Sebastian
1225 Main Street
Sebastian, Florida 32958
"
c:
L_ -'
Dear Mayor McCollum:
The Department of Community Affairs (Department) has completed its review of the
Comprehensive Plan Amendment (DCA No. 04-2) adopted by Ordinance No. 0-14-18 on
September 22,2004, for the City of Sebastian and determined that it meets the requirements of
Chapter 163, Part 11, Florida Statutes (r.s.). for compliance, as defIned in Subsection
163.3184(1 )(b), r.s. The Depmiment is issuing a Notice of Intent to find the plan amendment In
Complimlce. The Notice of Intent has been sent to the Jupiter Courier (Vera 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 if no timely petition challenging the amendment is filed. Any aflccted
person may file a petition with the agency \vithin 2 I days after the publication ofthe notice of
intent pursuant to Section 163.3 I 84(9), F.S. No development orders, or permits for a
development, dependent on the amendment may be issued or commence before the pla11
amendment takes effect. Pleasc be advised that Section 163.3184(8)(c)2, F.S., requires a local
government that has an Internet site to post a copy ofthe Department's "Iotice ofIntent on the
site within 5 days al!er receipt of the mailed copy of the agency's noticc of intent.
Please note that a copy of the adopted City ofSebastia11 Comprehensive Plan
Amendment, and thc Notice of Intent 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 Office. 1225 Main Street, Sebastia11, Florida 32958.
()~-~- ~~..~
,::7 2555 SHUMARD OAK BOULEVARD.
Phone: 850.488.8466/Suncom 278.8466
l n t ern e t d d J res S' h..Ltp
TALLAHASSEE, flORIDA 32399.2100
FAX: 850.921.0781/Suncom 291.0781
: //~'I/_'!Y...1'Ld c <l~J e . JJ_,-JJ-.-i.
CRITICAL STATE CO"KfRN FIElD Or-FIG
27% OverSoo.h Hi~~wJ.Y. SlIilc' 212
,\',J'dtilol', H ]lO50-2227
1.3U5)2W).2402
CO,\\."\U,\ITY PLANNII>.G
155.1 5h'~r:1JrdOdk BDU!c.v"rd
TaIIJhdsoee,rL323':i0l-210C
(tljQJ458.25S6
EMERGEI\CY MA~AGE,\\ENT
2Jj5ShllmardQ.lkBoulevard
TJIIJhJ"ce, FL 3.:'399-2100
(850:413-9%9
HOUSING & COM'vlUNIIY DEVELOP\IEI\T
2555Sbllr:lardOakBolllevard
r dliahJs~ce, FL 32399-21 OU
(.~501 488-7956
.r
.....
The Honorable Nathan B. McCollum
November 17,2004
Page 2
If this in compliance determination is challenged by an affectcd pcrson, you will have the
option of mediation pursuant to Subsection 163.3189(3)(a), }".S. If you 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.
If you have any questions, please contact Roger Wilburn, Principal Planner, or Dan
Evans, Planner, at (850) 922-1805.
Sincerely yours,
~~
Charles Gauthier, AICP
Chief of Comprehensive Planning
CG/des
Enclosure: Notice ofIntent
cc: .\1r. Tracy Hass, Director of Grow1h Management
Mr. Michael Busha, Executive Director, Treasure Coast Regional Planning Council
"
STATE OF FLORIDA
DEPARTMENT OF COMMUN[TY AFFAIRS
NOTICE OF INTENT TO FIND THE
CITY OF SEBASTIAN
COMPREHENSIVE PLAN AMENDMENT
IN COMPLIANCE
DOCKET NO. 04-2-NOI-3I05-(A)-(I)
The Department gives notice of its intent to find the Amendment to the Comprehensive Plan for
the City of Sebastian, adopted by Ordinance No. 0-14-18 on September 22, 2004, IN COMPLIANCE,
pursuant to Sections [63.3184, 163.3187 and 163.3189, F.S.
The adopted City of Sebastian Comprehensive Plan Amendment and the Department's Objections,
Recommendations and Comments Report, (if any), arc avai[able for public inspection Monday through
Friday, except for Icgal holidays, during normal business hours, at the City of Sebastian, City Hall, Clerk's
Office, 1225 Main Street, Sebastian, FL 32958.
Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an admin-
istrative hearing to challenge the proposed agency determination that the Amendment to the City of
Sebastian Comprehensive Plan is In Comp[ianee, as defined in Subsection 163.3184(1), F.S. The peti-
tion must be filed within twenty-one (21) days after publieation of this notice, and must include all of
the information and contents described in Uniform Rule 28-[ 06.201, F.A.C. The 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 the local government. Failure to timely file a
petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under
Sections 120.569 and 120.57, F.S. If a petition is filed, the purpose of the administrative hearing will be
to present evidence and testimony and forward a recommended order to the Department. If no petition is
filed, this Notice of Intent shall become final agency action.
If a petition is filed, other affected persons may petition for leave to intervene in the proceeding.
A petition for intervention must be filed at least twenty (20) days before the final hearing and must include
all of the information and contents described in Uniform Rule 28-106.205, F.A.C. A petition for leave to
intervene shall be filed at the Division of Administrative Hearings, Department of Management Services,
1230 Apalaehee Parkway, Tallahassee, Florida 32399-3060. Failure to petition to intervene within the
allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections
120.569 and 120.57, F.S., or to participate in the administrative hearing.
After an administrative hearing petition is timely 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 the 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.
~~~
Charles Gauthier, AICP "-
Chief of Comprehensive Planning
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2 I 00