HomeMy WebLinkAboutO-04-09I, Jeanette Williams, do hereby certify that this is a tree and correct copy of Ordinance No. 0-04-09.
on July 14th, 2004.
I hereby affix my signature this 27th day of July, 2004.
Please return to:
City Clerk's Office
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Williams.
.ORDINANCE NO. 0-04-09
AN ORDINANCE OF TltrE CITY OF SEBASTIAN,
PROVIDING FOR TI~E VOLUNTARY ANNEXATION
CONSISTING OF 38.27 ACRES, MORE OR LESS, WEST OF
SEBASTIAN RIVER SOUTH PRONG AND EAST OF CR 510 BEING
A PART OF SECTION 26, TOWNSIq'IP 31, RANGE 38; PROVIDING
FOR INTERIM LAND USE AND ZONING CLASSIFICATION;
PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE
DATE.
?Qouncil
W~REAS, Daniel Spencer, '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
Wlt~,REAS, the City Council finds and detemAnes that the land proposed to be
annexed is contiguous to the City, will not result in the cmatiun of any enclaves, and
constitutes a reasonably compact addition to the incorporated territory of the City; and
Wlm~.REAS, the City Council of the City of Sebastian, Florida, finds and
determines that the annexation o£said parcel is in the best interest of the City;
NOW TItEREFORE, BE IT ORDAI/WED BY ~ CITY COUNCIL OF
TI3[E CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& as follows:
Section 1. PROPERTY. The following described property now lying and
being in 'an nnincorporated 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:
The Southwest ¼ of the Northwest ¼ of Section 26, Township 31 South
Range 38 East, LESS the West 65.3 feet for Road R/ght of Way;
as shown in the map attached as Exhibit "A", containing 38.27 acres more or less.
Section 2. 13rTERIM 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
THIS DOCUMENT HAS BEEN RECO~RDED
IN THE PUBJ..~C RECO~RD~ OF
INOIAN RIVER COUNTy FL
BK: 1809 PG:543, Page1 of 5
12/07,~4 .~ 11:~$ AM,
JEFFI~Ey K BARTON, CLERK OF
Indian River County, Florida, and with the Florida Department of State within seven days
of adoption.
Section 4. CONFLICT. All ordinauces 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
ONLAND 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 COVENAJYT AND RESTRICTION ON LAND attached hereto as
Exlfibit "B", this Ordinance shall become effective concurrent with the effective date of
Ordinance 0-03 - 18.
The foregoing Ordinance was moved for adoption by Councilmember
c onie lio The motion was seconded by Councilmember
Monier and, upon being put to a vote, the vote was as follows:
Mayor Nathan B. McCollum
Vice-Mayor Joe Barczyk
Councilmember Ray Coniglio
Councilmember Lisanne Monier
Councilmember Michael Heptinstall
nay
aye
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this it, th day
of J,/ 004.
ATTEST:
~'Sally A. M~yo, CMC
City Cleric
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 for
relianoe_J~yrthe City of Sebastian:
Rich gtr:inger, ~'~ty Attom~r
_=ciion 26 31s-38e
~ 08. ~0 ~t~
EXHIBIT "A" .
DECLARATION OF COVENANT AND RESTRICTION ON LAND
THIS DECLARATION, made as of the date set forth below by Daniel Spencer,
hereinafter referred to as "Declarant", governs the use of the following described land
lying and situate in Indian River County, Florida:
The Southwest ¼ of the Northwest ¼ of Section 26, Township 31 South
Range 38 East, LESS the West 65.3 feet for Road Right of Way;
Containing 38.27 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 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:
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:
Daniel Spbncer,
Declarant
Printed name:
Wimess
Printed Name:
Printed Name:
Witness
STATE OF FLORIDA
COUNTY OF
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 Daniel
Spencer, 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.
WINESS my hand and official seal this
2004.
day of
Notary Public
My Commission Expires:
~
1561292 RECORDED IN THE RECORDS OF JEFFREY K B.r..R1'ON r CLJ:;,KK l,;.i.K<...:U.l.T L,.:UU,Kl- .l..NLJ.Li-'Ll'l
RIVER CO FL, BK: 1760 PG: 963, 07/19/2004 08:46 AM
DECLARATION OF COVENANTS
AND
RESTRICTIONS ON LAND
THIS DECLARATION, made as afthe date set forth below by DANIEL SPENCER, Trustee
afthat certain Testamentary Residual Trust under the Will of Henry H. Schaet, hereinafter refe~ec.
to as "Declarant", governs the use of the following described land lying and situate in Indian River
County, Florida:
The Nort.'-1east 1/4 oftlle Southwest 1/4. excepting the \Vest 5 acres
thereof, in Section 30, Township 31 Soufr~, Range 39 East, Indian
River County, Florida.
\VHEREAS, Declaran: 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 an of said Lanci. described above shall
be beld, sold and conveyed subject 10 the following restrictions and covenants, which are for the
purpose of prmecting 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 oftbe 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 lTInnner
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 '\\rlthout recourse by Declarant.
A TRUE COPf .
CERTlftCAllONONUSfPAGE
J.K. BARTON. CLERK
IN WIT1\TESS \VHEREOF the undersigned, being the Declarant hereir" has caused these
.'
presents to be executed in its name by its duly authorized ofiicer, as of this ~dayof N ft\.{ .
BK: 176C PG: 964
,
2004.
Signed, sealed & delivered
ill'~'W.
Printed Name: St~vG!."-' L....L,ck...
k
Print ~ame: -$f~ l'~
Witness
~
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me an officer duly autilorized in the State and
in the County aforesaid to take acknowledgments, personally appeared Daniel Spencer, Trustee,
Declarant, ro me kno"\VT1 to be the person described in the foregoing insnument or who provided .2.
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.
WITl\ESS my hand and omcial seal this ~ '"i 1:"'- day of In I'\: 1 ,2004.
~\ ~.n
NmarYPublic ~
My Commission Expires:
........lWCH
w~'OD''''
~_te.aD
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.
""':co~~r'j.' J.K. B. A~RK
1,<;,......."..:'0'\ 1- ~
i~,.' \~\BY I /
I~...~.r} DOP. TV CI.ERK
\('.;;~~;..~. DATE eo 7 //7' aoo<f/
~...... / /
(
Jun 24 2004 1:16PM
FISCHER ~ SONS
7725897731
1.553687 ii.ECORDI:D W' THE ~"":DS O? .)i:'E"FP.E'Y h ~TONr CIZRK CIRCOIT OOU:RT IND~
Rrv~R co F~r BK: ~7~S KG: 400, 06/21/2004 04:27 ~
Dr.;""",,; ~HA.TiGN' OFc.:O"ilRNA.h"'TS
MSIL
RE.~TIOc;n()N'S ON i ,AltlIu
THiS DECLAF.ATlOli, rnlido os of :ire"" sot forth bci"", oy CROSS CREEK LAKE
ESTATES, 'iNC.: a Bonds. Corporation. hminaftel referred to ts ~ja....~f", governs the 'Use of
the following oescrib<rljQ",d iyingand si1uatc in Indian rover County, Florida:
Tn' South In cftlle Norli1m:ot 114 ofSecticr.l30, T""""",']> 31
So'Utb.,. p~ 39 East. india:iJ River Count]", Fiorida,
.w"HEREAS, Declm'snt is theo..'i!E:> of the i...sd as ci.es;;ri00d aOOy-e, "I\Ii:ricl1 Declenlilt seek.s
to sn,l'OX into the City of Seba5ti:a.."1,. Florida.,
NOW TrlEP.u:ORE, Decl!ll."aIlt hmby cievl2:res tbzt all of said Land descrfu.:d abm-g shall
bl;: bcki,. roiri and COiNC'.;eO :;ubject 1;c tile f.;;llomng restiictiVi'J.S w.d covenants, which are fat !ho
puzpose OIrprotcctbgtiN- \-;;].u? and d~::rir,J:)i.Ht). cfti1~ Umd,. snd ~ 11m ..'ifu said Lwd a..-ui bo$
bmding upcn. all psrtieo.; haYing any ri#~, title or ~st in the Land or any part thereof.li1ai. bcirE,
saccessors ami ~ 2nd e;iuil1 ~ to the ix;Jcfii of each 01V!1ClJL th<<oof:
1. FO:i'apanodoftmye&""'S ~aateofa.'"UW'....atioiJIofthc Lmid, Dec:mant,
it; hci...-s, suc:;:essors or ~..gus., CO?ca;nl: ths.1 'ihey swi not apply to ~c
!:be Lime.., or othawi~ ~ to cta....ge ttte ;.;sa of smd Land, in any maan~
that resclto in s.;;a;:~ use density greater than 3 um.ts per Beta.
2. Toe Cty cf szhaatian is designated as a t1rlrd~part)" D=wficia..-y of these
COY'eaa.'"lts. and Remictiooa. ami D'ec:l:a..'"'aIlrt stip1il~ thst said third-part)"
beneficia!}' sr..all be entitled '" refuse aoy awli~Oll or propo:;sl Slll>mitted
in. ;.-io12rtiroofthese Deci.aiat~ "1l\itha\..1. I'eCOlk 'b"",," Deci.ai':ai'rt:.
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Floricla a better place to call home"
lEa BUSH
GO\'ernor
THADDEUS L. COHEN, AlA
St'CrdJry
November 17,2004
';j----"
G
c) I
The Honorable Nathan B. McCollum
Mayor, City of Sebastian
1225 Main Street
Sebastian. rIorida 32958
=
-'"
co
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 II, Florida Statutes (F.S.), for compliance, as defined in Subsection
163.3184(1 )(b), F.S. The Departmcnt is issuing a Notice ofIntentto find the plan amendment In
Compliance, The Noticc oflntent has been sent to the Jupiter Courier (Vera Beach Press
Journal) for publication on November 18,2004.
The Dcpartmcnt's notice of intcnt to find a plan amendment in compliance shall bc
deemed to be a final ordcr if no timely petition challcnging 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 the amendment may be issued or commence before the plan
amendmcnt takes effect. Please be advised that Section 163.3184(8)(c)2, F.S., requires a local
government that has an Internet site to post a copy ofthc Depmimcnt's Notice of Intent on the
sitc within 5 days aftcr receipt of the mailed copy ofthe agency's notice ofintenL
Pleasc note that a copy of the adopted City of Sebastian Comprehensive Plan
Amendment, m1d the Notice of Intent must be available for public inspection Monday through
Friday, cxcept for Icgal holidays, during normal business hours, at thc City of Sebastian, City
Hall, Clerk's Office, 1225 Main Street, Sebastian, Florida 32958.
O~5~-~~~\AR~D~~;':OULEVARD . TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Sunconl 278 8466 FAX: 850.921.0781/Suncom 291.0781
In t ern e I add res 5: hLtQ_:LLw_w.y.~-,-(L('iL-,_2_1i!J_f. fl. u 5
CRITICAL STATE CONCER\! FIELD OFFICE
~7')rJ UVcr5CJ\ Hig'w...,lY, Suit~ 2~2
\Idfdthon, Fl330.'iO-2227
:)(:51 ~il'J.2402
(OMMUt';!TY PLAr-.\ll:-JG
2555 ShumJrd Oak lioulevJru
IJilJhJ"ee,rLDVJ<J-21CO
1(50)438.235(,
E,\\ERGENCY MA"IAGE\1E;"IT
2555 Shurrwd Oak lJoul;:-vJrd
T JIIJhJs<;ec, FL 3~J9<J.2100
(350)4;3.<)%9
HOUSI,"IG & COMMUr-.ITY DEVELOP\\ENT
2555 S~urr,Jfd OJk Bnulcvard
T ~IIJha,,,~t', FL 323,),)-21CO
(c,S,,') 438-7~56
,
. ;.-. """'"'
The Honorable Nathan B. McCollum
Novembcr ] 7,2004
Pagc 2
Tfthis in compliance determination is challcnged by an affected person, you will have the
option of mediation pursuant to Subsection 163.3 I 89(3)(a), F.S. Tfyou choose to attempt to
rcsolve this matter through mediation, you must tile thc rcqucst 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, ATCP
Chief of Comprehensive Planning
CG/des
Enclosure: Notice of Intent
cc: Mr. Tracy Hass, Director of Grov,1h Management
Mr. Michael Busha, Executive Director, Treasure Coast Regional Planning Council
~ .. '/"
"
ST ATE 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-3 105-(A)-(I)
The Department gives notice of its intent to fmd 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 163.3184, 163.3187 and ]63.3189, F.S.
The adopted City of Sebastian Comprehensive Plan Amendment and the Department's Objections,
Recommendations and Comments Report, (if any), are 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, 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 Compliance, as defined in Subsection 163.3184(1), F.S. The peti-
tion must be filed within twenty-one (2 I) days after publication of this notice, and must include all of
the information and contents described in Uniform Rule 28-106.201, F.AC. 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. Ifa 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, FAC. 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 Scetions
120.569 and 120.57, F.S., or to participate 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 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.
~ ~-----L
Charles Dauthier, AICP "
Chief of Comprehensive Planning
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100