HomeMy WebLinkAboutO-04-11 t
I, Jeane~te Williams, do hereby certify that this is a lrue and correct copy of Ordinance No. O-04-11, as adop .t~q~aSfian City Council
on Jtme 2, 2004 /~ ~',."~
I hereby aff'LX my s~gnature this 27~ day of July, 2004. ~..?~ .//~ ~~~
City Clerk's Office ~. ~-~
City of Sebastian ORDINANCE NO. 0-04-11 ~ tl'~',
1225 Main Street .,~
Sebas~an, FL32958 AN ORDINANCE OF THE CITY OF SEBASTIAI~,'~?~J2 .0,RJ~,~,~
PROVIDING FOR T VOLUNTARY ANNEXATION
CONSISTING OF 60 ACRES, MORE OR LESS, EAST?~:/
ADJACENT TO SEBASTIAN RIVER MIDLE SCHOOL KNOV~N AS
SEBASTIAN CROSSINGS; PROVIDING FOR IIVFERIM LAND USE
A1VD ZONING CLASSIFICATION; PROVIDING FOR CONFLICT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Sebastian Crossings, LLC, 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
WltEREAS, the City Council finds and deterrmnes that the land proposed to be
armexed is contiguous to the City, will not result in the creation of any enclaves, and
const/mtes a reasonably compact addition to the incorporated territory of the City; and
WHEREAS, the City Council of the City of Sebastian, Florida, finds and
detea'a~ines that the annexation of said parcel is in the best interest of the City;
NOW THEREFORE, BE IT ORDAINED BY TI[F. CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN R/VER 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:
See attached Exhibit "A "
as shown on the map within said Exhibit, containing a total of 60 acres more or less.
Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION.
The interim land use and zoning classifications for thig property shall be consistent with
the provisions of state law.
Section 3. FILING. A certified copy of th/s ordinance ghall be fillg:l with
the Clerk of the Circuit Court as well as the Chairman of the County Con, minion of
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBIJC RECORD~ OF
INDIAN RNER COUNTY FL
BK: 1~0~ PG:6~7, Page1 ors
12~3,~G4 al t1:34 AM,
JEFFREY K BARTON, CLERK OF
COURT
~f 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herewith are hereby repealed.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", this Ordinance shall become effective concurrent with the effective date of
Ordinance 0-03-24.
The foregoing Ordinance was moved for adoption by Councilmember
Monier The motion was seconded by Councilmember
Coniglio 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 Heptinstalt
aye
aye
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 2"d day of
June, 2004.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
Mayor Nathan B. McCollum
The effective date of this ordinance was subsequently
modified by Ordinance 0-04-18 to become effective
concurrent therewith. ~/~
Approved as.to form and legality for
reliance by the City of Sebastian:
Rich Stringer, City Attorney
E~tZBIT "A'
PARCEL'A' Page 1 of 2
LMGAL DBSCRtP~ON: (BY SURVEYOR)
A parcel of land lying in Section 22, Township 31 South, Range 38 Bast, indian River
Ccunt~, Florida, being more particularly described as follows:
Beginning at the Northeast corner of' the Southeast 11~, o~.said Section ~2; thenc'e
South 00°12'10,, West atong the .Fast tine of the Southeast 1'/4 of said 'Section 22,
said line also being the Beet line of lands described in Deed Book 0015, Page 0305,
of the Public records of said indian River County, a distance of 867.71 Feet to the
POINT-OF-BEGINNiNG of 'the herein .described parcel; thence continue South
(7 %. 10 West along the said East line of the Southeast 1/4 of Said Section 2£, a
distance of 101.34 Feet to the Northeast corner of Romar Subdivision, according to
the pint thereof, as recorded in Plat Book 10, Page .31, ofthe said Public records ot
indian River County; thence South 80°52'0-/'' West along the North line of said
Romar Subdivision, a distance of715.88 Pest tothe Northwest comer of said Romar
Subdivision; thence South 00°12'10" West along the West fine of said Romar
· Subdivision and it's Southerly. extension, a distance of 22'~ 00 Feet to the North
Right-of'-Wa~. line of County Road 512 (ss described in F.D.O.T. lVlaintenance Map
88040.2515); thence run along said North Right-of-Way line 1=or the following seven
calls: North 8~'39'26" West, a distance of 161.4.5 Feet; thence North 89°$ ~'$7" West,
a distance of 200.09 Feet; thence North 89°42"~2" West, a distance of 199.94 Feet;
thence N°rth 88 "33'28" West, a distance (~f 100.02 Festi thence North 8-~ ,4.,[,02- West,
a distance of 100.98 Feet; thence North 52°51'38'. West, a distance of 1~0.72 Feet;
thence North 89°42'127 West, a distance of 119.41 Feetto the S0utheas'[ comer of
lands described in O.K. Book 0607', PaL's 0901, of the said Public records of Jndisn
River County; thence North 00'08'39" East along the East line of said O.R.. Book
0697, Page 090'~, a distance of 355.08 Feet; thence leaving said Bast line run North
66057'41" East, a distance of 588.45 Feet; thence North 82°'~9'08'' East, a distance of
448.89 F~et to the West line of said De~d Book 0015, Page 0305; thence South
00°'~2'10'' West along said West line, a distance of 364.81 Feet; thence North
8.0°52'01" Bast along the South line of said Deed Book 0015, Page 0305, a distance
of 715.88 Feet to the POINT-OF-BEGINNING.
Containing 14.403 Acres of land more or ]ess.
,PARCEL
LBGAL DESCRIP'RON: (B?
A par~l of land lying in Section 2~., Township 31 South, Range 38 East, Indian River
County, Florida, being more pardcuJarl¥ described a~ follows:
Beginning atthe Northesst comerofthe Southeast 1f4 of said Section ~2., said boint
being the POINT-OF-BBGINNING of the herein described pamel; thence run North
8~°47'2.4" West along the SoutT~ line of the South 1/2 of the Northeast 'l/4 of said
Section 22, said line also being the North line of lands described in Deed Book 001.~,
Pegs 030~, of the Public recorOs of said indian River County, a distance of
Feet;, thence South 00~12'10"West atong theWest line of said Deed Book 0(~15, Page
0305, a distance of 238.46 Fee~; thence leaving said line run South ~7°40'53'' West,
a distance of Bb.10 Feet tea point on the North line of said Deed Book 0015, Page
0305; thence North ~9°47'50"Weet along the North line of said Deed Book 0015,
Page 0305, a distance of .448.66 Feet; thence South 00~12'10'' West along the West
line of said Deed Book 0015, Page 0305, a distance of 317.03 Feet; thence South
82°19'08" West, a distance of 448.89 Feet; thence South 85"57'4f" West, a distance
of 588.46 Feet to the East line of lands described in O.K. Book 0657, Pa ge 0g0'~, of
the said Public records oflndisn River County; thence North 00~08'39" Bast along
said East line, a distance of 1,686.2.0 Feet a point on the North line ofthe South ~12
of the Northeast 1/4 of said Sec'don ~, said line also being the South line of lands
described tn O.R. Book 1 Dg~, Pages 0516-062.0, of the said Public recorcis of Indian
River County; thence South 8~°47'50'' East along said North and South line, a
distance of 1,691.79 Feet to a point the Best line of the Northeast 114 of said Section
2.=; thence South O0°2B'v$" West along said East line, a distance of 863.99 Feat to
the POINT-OF-BEGINNiNG.
Containing 45.59'l Acres of land more or less.
DECLARATION O1:' COVENANT AND RESTRICTION ON LAND
Exhibit "B"
Page 1 of 2
TillS DECLARATION, made as of the date set forth below by Sebastian
Crossings, LLC, hereinafter referred to as "Declarant", governs the use of the following
deser/bed land lying and situate in Indian River County, Florida:
See attached Schedule "A "
containing a total of 60 acres more or less, hereinafter called the "Land", and provides
that
WlqEREAS, Declarant is the owner of the Land as described above, which
Declarant seeks to annex into the City &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 mu 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 often years fi-om 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
l~'eater than 3 units per acre.
The City of Sebastian is designated as a third-party beneficiary of
these Cove, nants and Reslrictions, 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.
Exhibit "B"
Page 2 of 2
IN WITNESS WllEREOF 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:
Sebastian Crossings, LLC,
Declarant
By:.
Printed name: Printed Name:
Wimess Its:
Printed Name:
Witness
STATE OF FLORIDA
COUNTY OF
I HEREBY CEKTIFY 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.
WITNESS my hand and official seal tiffs day of
,2004.
Notary Public
My Commission Expires:
,
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1611856 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDLAN
RIVER CO FL, BK: 1827 PG: 1834, 01/27/2005 08:41 AM
See alSD O-U/-II
DECLARATION OF COVENANT AND RESTRICTION ON LAND
THIS DECLARATION, made as of the dete set forth below by Sebastian River
Crossings, LLC, a Florida limfted liability company and CRF - Panther Ii, LLC, a Florida
limited liability company, hereinafter referred to as "Declarants", governs the use of the
following described land lying and situate in Indian River County, Florida.
SEE A ITACHED SCHEDULE 'A'
Containing a total of~ acres more or less, hereinafter called the "land~, and
provides that:
WHEREAS, Declarants is the owner of the Land as described above, which
Daciarants seeks to annex into the City of Sebastian, Florida.
NOW, THEREFORE, Deciarants hereby declares that all of said Land described
above shall be held, sold and convayed subjecl to the following restrictions and
covenants, which are for the purpose of protecting the value and desirability of the Land,
and shall run wfth said land and be binding upon all parties having any right, tille or
interest in the Land or any part thereof, their heirs, successors and assigns, and shall
accrue to the benefit of 8ach owner thereof:
1. For a period of ten years from the date of annexation of the
Land, Declarants, its heirs, successors or assigns,
covenanl that they shall not apply to rezone the Land, or
otherwise seek to change the use of said Land, In any
manner that resuKs 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
Declarants stipulates that said thlrd,party beneficiary shall
be entftled to refuse any application or proposai submitted
in violation of these Declarations without recourse by
Declarants.
IN WITNESS WHEREOF, the undersigned, being the Declarants herein, has
caused these presents to be executed in its name by Its duly authorized officer, as of this
l~ day of January, 2005.
Signature portion on the naxt page
A1lIlI0CIIf
"I...oMIONOIIUII'''
_IIJ~" -(
BK: 1827 PG: 1835
Signed, ..aled and delivered
in the presence of:
~"~S::l.JcN~
~.~ .
Print Name: - ~;::I": IL,
DECLARANTS: SEBASTIAN RIVER
CROSSING, LLC
By:
Prin ame:
Its: Managing Member
STATE OF FLORIDA )
:55.
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this ~ 4t'" day of
January, 2005, by .\ no. 11'\1 'ft""'" , as Managing Member of
Sebastian River Crossing, LLC, on behalf of the company. Said person is personally
known to me.
STATE OF FLORIDA )
-;-, , / :55.
COUNTY OF Y41 '" )
The foregoing instrument was acknowledged before me this I ~eh day of
January,2005,bYhlolilUn ::b. ";1)~f:. , . Las ....r ,,'
V"L "~I'~ of e"R~ --p....,."Er" ~ j L'-'-
. en behaWof the company. Said
Print Name: - J. 1f7. ~
Notary PUbIiC~ Flchda
Commission No:
My Commission Expires:
.i'\~'~ LDAlarTZ
~. .... IlVCUlMISSKJltDD31e62
(5 EI'PIe_,",'"
"rIF,..YlaIlIdlln...,..IlIlIIfSlMctl
Signed, sealed and delivered
in ,the presence of:
~,~/~~ ~~~
Print Name: "'Goi I sJ
,jL.b~~j~
/ Print Name:. :A'iI."5
person is personally known to me.
.....CiLOJTT
""~'DO,,,,",
_........~
.....1lI\I..,....~
Print Name: ~ ~ ~
Notary Public, State of Florida
Commission No: D()1>~~
My Commission Expires:
DECLARANTS: CRF - PANTHER II, LLC
a Florida limn Iiab. . mpany
By:
Print
Its:
2
~aNUJ1''-
.lJ(.8MfOMo Q.EIIt
BK, 1827 PG, 1836
PAReR 'A'
LEGALDESCroPnoN:~SURVEYO~
A~I ofl8rvt!yfngln Seutlon22, Townslllp31 solJtt\ Ringe 38 East. Indian A,lWr
County; PIorkfIl, being more plrtlcul8rfy described as foII0W8:
Beginning at the NortheMt come; ofttw Southtnt 1/. of said Section 22; thMce
South 00"12"10" Wast IIoI'Ig the is. In, ottht SUhe8s' 1/4 of .ald SGctIon 22.
Slid 11n..1aG ba1ng'" ent I.... or,,""s da8crtbld In Dud Book ()Qil. P-cle03OI,
of.... Publlc.-.cords or..ld indian RIver County, .. dlstlnce 01887.11 Fe. tottle
POINT-O'F-BEGlNNlNO of the herein de.cr1b1d parcet; thence oontlnue South
OQ-12'1O"" W_t along the 'lkI Eut Rne of the SolG'tlaSt 1/4 of saki SettIon 22. I
dlttance t#101.34 Feet to tn. Northe..tccmer orADmer Subdivision, Iccordlng to
the plat thereof. as reconJ8d In Plait Book 10. Page 31, Clfthe said PUbftc. reGordtl ot
Indian FIver Comtyj thence 90Wh 80-0"01" Wa. along the. North Rne of said
Rofl18rSubdlvlBfon,. distance 01715.88 Feettothe NorthweSt comerof..td Rom.'
SUbdlVlakln; th8nc.. South 00-12'10" West along the Weet line of .11d Rom.r
Subdtvl8lon and ... SoIlth-'Y extension. 8 dtltance vf 221.00 Feel Co the Noith
RIgIIt"".woy 11". of county Rood 112 (.. d_ed In F.D.o. T; ....nto...... MIIp
1804M.11t-1I".... run ....ng.oOld N._ RIght.of.W8J'IIno CO,tIle foUowlng..-
call.: N.rIh89'39'28"We.~" dlatanc.ol 111.A6 Fott;IIla"'. NorIh8l'11l'37"W.~
. distance or :mom Feet thence North W42'1Z' W_\I dflblnce or 1'81.'4F.,tj
Iherlce NortJ:I8I~28"W..t,.dlstanced1UO~F_t;U1tnC.North 81''''Or"Wpt,
a dlatlnce of 100.98 feetj thenCa NDrth 82"'61'38" Wtst,. dlstanct of 100.72 Feet;
111..... North 89'42'12" Wo'~ " cllIlanc. 01 111A1 Fool to Ill. SO_BOt comor 01
Ian$. descrtbed In o.R. Book am, Page 0101. of the Slid pwllc record. otindlin
RJV8r Countyi th.nce North 00'08'38"' East along ,tit ellt Ine or Hid O.R. &oak
0891, p.. 0901. It dlllllnce of~56.o8 Feet; thencal..v1ng..1d Eastlne run North
81'17'41- East.. distance ofl88AI Feel; thence Horth8z-1ttor Eut.1 d1stlnce of
448.8' Fget to the West nne 01 Ntd Oaed Bool4: 001&. P.ge USCllj thence South
00"12'10"" Wtist along ..Id Weat line, . d6stance or 364.11 Fe.tj thence HorCh
llO'82'01.....U_II1.........Ino of .oId DHd Book 0011, P.... 0305,. _.....
0171"" Foil" lha POINT.oF-BE'OINNlNO.
Conlllnfng 14.403 Acres orland more or II".
PARca '8'
LEGAL DESCAIPOON: (BY SURVEYOR)
EXHIBIT "A"
LEGAL DESCRIPTION:
Ap......of..nd lylll9ln sOcIIon22. Townohlp U SouIIl, "'09" 38E..~ IndlanRlwr
eo...ty, F1ot1do, _oIng Il1llrv JRIr11....rIy do_'" I. r.n_:
Beginning Bllhe NorthWet comerol'the southealt 1J4ofsaklSectlon 22. Blld po".
_.Ing 111. POlNT-OF-BEOINNINB .,_...... d...rlbod JRI"'~ Ill..... nm N.....
W4r24"' Wut along the South line of the 80Ld11J2 of the NorthBalt 114 of 811d
Section 2Z,sakl Ura, aIR bIIng the North1fne'orllndli duorlbld In DeedBookOO15,'
Plge 0301. of the ~bIfc: recorde of ..rd indian R;tv.. County, a dfltance d 208.00
F..t. thlMce Southacr12'10.w.t llIongthew-tRnevfAkI DeedBookOOiS. PagI
0306,. dlltanco oI23B.41 FHti ltwnc81HYlng .Nkf aM run South 37'4G'13" Welt.
. dlStmce of80.10 NIt to a point on the North line or laid Died Boalc 0018, Page
OJOli; thence NoI1h ....4r6CI.. WHt _lOng the North line at Mid' Deed Book 0016t
Page03OB. a dl9tan... of448!." Feet; ttlence South OrM2"1O"w.t .tong the Wee{
line qf.BId DoN BooI< DOli, P81IB 0301, . _co of 317.os F8BI; lI1onoo -
82"1..... Weal,,, dl....... 01_1' FOOl; _South 86"7'41" Weal, " cI.to....
of 588.45 filet to DIe E&8t one Of rands dMCr1b8d In O.R. Book OIlft Page 0901. at
IIle _ P_.........of Indlon RlvarCounly:II1.... North Oll'O8'3'" EBBt ololl9
..td E..t line.. clllltaflC!. of 1,188.20 FflIt a.polnt on tfte NOItJ\ Une or1heSodh 112
04' the NorthHlt114otlald Sectlorl22, 8.klllnlallo belna the SouthU"" otllnds
d..tl'ftHHl.ln o.R. Book 1GIZ, hgW H16-0120. of the aid PllbHc record. otl~
Rlvei: Cabnt)'; thlrace ~~ ....v.icr EIjIIl atong ..td North ImCI BolICh Une. ..
d~ceo11,.e1.71F_ to. point the EeetflM of the NorthtMt 114 or saki Section
2fi thence SOuth 0IrU'23" West along said !est line,.. distance vi' 663.$8 Feet to
ilia POINT -oF-BE"QINNlNQ
COntatl'llng.45.6I1 AcfM ofland more or I....
3
1605836 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
< RIVER CO FL, BK: 1820 PG: 2064, 01/05/2005 01:28 PM
see 0150 O-{Y/-"
DECLARATION OF COVENANT AND RESTRICTION ON LAND
THIS DECLARATION, made as of the date set forth below by Sabeslian River
Crossings, ltC, herainafter reIemld to as "Declarant", governs the use of the following
described land lying and situate in Indian River County, Floride:
SEE ATTACHED SCHEDULE "A"
containing a total of 46 acres mora or less, hereinafter cailed 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 Sabastian, Floride.
NOW, THEREFORE, Declarant hereby declares that ail of said Land described
above shail be held, sold and conveyed subject to the following reslrictions and
covenants, which ara for the purposa of protecting the velue and desirability of the Land,
and shall run with said land and be binding upon ail parties having any righ~ tilIa or
interest in the Land or any part thereof, their hairs, successors and assigns, and shall
accrue to the benefit of each owner thereof:
1. For a pariod of ten years from the dete of annexation of the
Land, Declarant, its heirs, successors or as~gns, covenant
that they sha. not apply to rezone the Land, or otharwisa
seek to change the usa of said Land, In any manner lhat
results in a residential use density greater than 3 units per
acre.
2. The City of Sabastian is designated as a third-party
beneficiaI}' of these Covenants and Restrictions, and
Declarant stipulates that said third-party beneficial}' shail
be entilIed to refuse any application or proposal submitted
in violation of these Declarations without recourse by
Declarant.
IN WITNESS WHEREOF, the undersigned, baing the Declarant herain, hes
cau~ these presents to be executed in its name by its duly authorized officer, as of this
day of JanusI}'. 2005.
Signature portion on the next pege
A TRUE COPY
CERTIFICATION ON LAST PAGf
J.K. BARTON. CLERK
BK: 1820 PG: 2065
.
Signed. sealed and delivared
in the presance of:
DECLARANT:
By:
P . d Nama:
Its: Managing Mamber
Print Nama:
STATE OF FLORIDA )
:SS.
COUNTY OF BROWARD )
Thaloregoi1g instrument acknowledged before me this r'i
day of January. 2005. by , as Managing
Member of Sebastian Rivar Cros" . C. a Florida imited Uabllity Company, on
behalf of tha company. Said person is personally known to~m~ ~
Print Name u,uG'
(SEA\,), Notary Public, at Florida
".':.~. _WAlE Commission No: JJ.J c2.3f:("~P,
II'.'W" MYCOMt.IISWNtOD0MB8 My Commission Expires _~_?:Z~....
~EXPIRES.SeplBr\tJlrI6.2OIl5
_''''..'1.''''- BondodTlwu...............
2
A TRUE COPY
CERTIFICATION ON LAST PAGe
J.K. BARTON. CLERK
. BK' 1820 PG, 2066
,
EXHIBIT "AU
LEGAL DESCRIPTION:
A parcel of land lying in Sectlon 22, Township 31 South, Range 38 East,
Indian River County, Floride, being more partlcularty described as follows:
Beginning at the Northeast comer of the Southeast 1/4 of said Section 22,
said point being the POINT -OF-BEGINNING of the herein described parcel;
thence run North 8904T24" West along the South line of the South 1/2 of
the Northeast 1/4 of said Sectlon 22, said line also being the North line of
lands described In Deed Book 0015, Page 0305, of the Public records of
said Indian River County, a distance of 209.00 Feet; thence South 00"12'10"
West along the West line of said Deed Book 0015, Page 0305, a distance of
238.48 Feet; thence leaving said line run South 31'40'53" West, a distance
of 80.10 Feet to a point on the North line of said Deed Book 0015, Page
0305; thence North 89"47'50" West along the North line of said Deed Book
0015, Page 0305, a distance of 448.66 Feet; thence South 00"12'10" West
along the West line of said Deed Book 0015, Page 0305, a distance of
317.03 Feet; thence South 82019'08" West, a distance of 448.89 Feet; thence
South 6505T41" West, a distance of 588.45 Feet to the East line of lands
described In O.R. Book 0697, Page 0801, of the said Public records of
Indian River County; thence North 00008'39" Eaet along said East line, a
distance of 1,586.20 Feet a point on the North line of the South 1/2 of the
Northeast 1/4 of said Section 22, said line also being the South line of lands
described In O.R. Book 1092, Pages 061~20, of the said Public records
of Indian River County; thence South 89"4TSO" East along said North and
South line, a distance of 1,691.79 Feet to a point the Eest line of the
Northeast 1/4 of said Section 22; thence South 00025'23" West along said
East line, a distance of 663.89 Feet to the POINT -oF-BEGINNING.
Containing 45.691 Acres of land more or I....
3
~
""'-
STATE OF FlORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH
GO\'ernor
THADDEUS l. COHH~, AlA
SecrclJry
November 17, 2004
}.-:c.
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The Honorablc Nathan B. McCollum
Mayor, City of Sehastian
1225 Main Strcct
Sebastian, Florida 32958
-
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Dear Mayor McCollum:
The Dcpartment of Community Affairs (Department) has completed its review of the
Comprehensive Plan Amendment (DCA No, 04-2) adoptcd by Ordinance No. 0-14-18 on
Septembcr 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 defincd in Subsection
163.3184(1 )(b), F.S. The Department 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 011 November 18, 2004.
The Department's notice of intcnt to find a plan amendment in compliance shall be
decmed to be a final ordcr i I' no timely petition challenging the amendment is filed. Any affected
person may lile 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, dcpendent on the amendment may bc issued or commence before the plan
amendment takes effect. Please be advised that Scction 163.3184(8)(c)2, F.S., requires a local
government that has an Internet site to post a copy of the Department's Notice ofIntent on thc
site within 5 days afterreccipt of the mailed copy of the agency's notice of intent.
Please note that a copy of the adopted City of Sebastian Comprehensivc 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, Sebastian, Florida 32958.
O~S'~~~~~'-AR~~;~OULEVARD . rALLAHASSEE, FLORIDA 32399.2100
Phone: 850.488.8466/Suncum 278.8466 FAX: 850.921.0781/Suncom 291.0781
In te rn et J d J re s s' hJ tR.:,l~,,-,,-\v_. d c a--,__st~Ue-,-iJ. u~_
CRITICAL STATE CO"JGRN FIELD OFFICE
27% OverseJ\ Ili~h",lY. Suiii' 212
'\'MJlhon, I'L 33050"2227
Ci05l2WJ-2401
COM,\IU;'\11Y rLA"~I;'\G
25555hurllJrdOakBou:evdrd
TaIIJhas;ee,rL32399-2100
(B5G)4BB-235(,
EMERGENCY.\\A-.AGf\\ENT
2555 Shumard OJ~ Bo[,l~vJd
T:lIIJh~s;el', IL .12399-2100
(5.,01413-9%9
HOUSING & COM.\1L'-'JH DEVElOP\\ENT
25555humdrdOJkBoul!,\f,j'd
I JllahJs~ee. f-L 32399-2 100
(il50i45B-795(,
,
.....
The Honorable Nathan B. McCollum
Kovember 17,2004
Page 2
If this in compliance determination is challenged by an affected person, you will have the
option of mediation pursuant to Subsection 163.3189(3)(a), r.s. If you choose to attempt to
resolve this matter through mediation, you must file the request for mediation with the
administrative law.i udge assigned by the Division of Administrative Hcarings. The choice of
mcdiation will not affect the right of any party to an administrative hearing.
[f you havc any questions, please contact Roger Wilburn, Principal Planner, or Dan
Evans, Planner, at (850) 922-1805.
Sincerely yours,
~~
Charles Gauthier, AICP
Chief of Comprehensi ve Planning
CG/des
Enclosure: Notice of Intent
cc: Mr. Traey Hass, Director of Growth Managemcnt
Mr. Michael Busha, Executive Director, 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-3105-(A)-(I)
The Department gives notice of its intent to find the AmendmL'I1t to the Comprehensive Plan for
the City of Sebastian, adopted by Ordinance No. 0-14-18 on Septembcr 22, 2004, IN COMPLIANCE,
pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S.
Thc adopted City of Sebastian Comprehcnsive Plan Amendment and the Department's Objections,
Recommendations and Comments Report, (if any), arc available for public inspcction Monday through
Friday, exccpt for legal holidays, during normal busincss hours, at the City ofScbastian, City Hall, Clerk's
Office, 1225 Main Street, Sebastian, FL 32958.
Any affected pcrson, as defined in Section 163.3184, F.S., has a right to petition for an admin-
istrative hearing to challenge thc proposed agcncy determination that the Amendment to the City of
Sebastian Comprehensive Plan is In Compliance, as dcfined in Subscction 163.3184(1), F.S. The peti-
tion must be filed within twenty-onc (21) days aftcr publication of this notice, and must include all of
the information and contents described in Uniform Rule 28-106.201, FAC. The petition must be filed
with the Agency Clerk, Dcpartment of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 32399-21 00, and a copy mailcd or delivered to the local govermnent Failure to timcly file a
petition shall constitute a waiver of any right to request an administrativc proceeding as a petitioncr under
Sections 120.569 and 120.57, F.S. If a pctition is filed, the purpose of the administrative hearing will be
to prescnt evidence and testimony and forward a recommended ordcr to the Department If no pctition is
filed, this Noticc of Intent shall become final agcncy action,
If a petition is filcd, other affectcd persons may petition for lcavc to intervenc in the procecding.
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 Apalachee 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 12057, F.S., or to participate in the administrative hearing.
After an administrative hcaring petition is timcly filed, mediation is available pursuant to Sub-
section 163.3189(3)(a), F.S., to any affected person who is made a party to the procceding by filing that
request with the administrative law judgc assigned by thc Division of Administrative Hcarings. The choice
of mediation shall not affect a party's right to an administrative hearing.
~~~
Charles Dauthicr, AICP "
Chicf of Comprehensive Planning
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100