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Home My WebLink AboutO-05-20 ORDINANCE NO. 0-05-20 1723652 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 1989 PG:2226, Page1 of 5 02/01/2006 at 02:42 PM, JEFFREY K BARTON, CLERK OF COURT AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 3.3 ACRES, MORE OR LESS, NORTH OF COUNTY ROAD 512 AND SOUTH OF THE TRANS-FLORIDA-CENTRAL RAILROAD BEING A PART OF SECTION 22, TOWNSHIP 31 SOUTH, RANGE 38 EAST; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, S & S Enterprises, Inc./FLP #2, 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 WHEREAS, 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 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 the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real property: SEE ATTACHED SCHEDULE A As shown in the map attached as Exhibit "A", containing 3.3 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 All ordinances or parts of ordinances in conflict herewith are hereby repealed.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, 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 this Ordinance shall become effective upon recordation of a deed of dedication for right-of-way as per the attached Exhibit "B", so long as such recordation occurs with 45 days of passage hereof Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum aye Vice-Mayor Brian Burkeen aye Councilmember Lisanne Monier aye Council member Andrea Coy aye Councilmember Sal Neglia aye The Mayor thereupon declared this Ordinance duly passed and adopted this 14th day of December, 2005. The foregoing Neglia Monier "-,,.... .;)11- C~TY OF SEBA. ..STIAN .FLORID.A .~~ BY~," . Mayor Nathan B. McCollum ,\,^,~' Approved as to form and legality for rel(Z ~y the City of Sebastian: BK: 1924 PG: 556 r........! .l , EXHIBIT A SJlS ~xO~ 1 .05 '" \l--... r-... ,[-f".; r" r--.. I'-... '" I"- N.1'-.. 'i'-.. f... r" "'h. '" '-. "- "- I \ ell.,> '-. I'-... '-. ,-\ ~ ,.n ,.~ i'-... '" . ~-;:;1 I'. "- "- ",..0 If' <:) " '" ""0 '?o""- "- " ",,0 " ~?- " AP ......0 " r" v l"- i'-.. N I "- b..~'e>- ~.-4g \- r--.. I'..:: 1;.,>1'-. r" t--... I ~ 0 ~o "'", ~'" '" 01' " ,- 9! '-. p...-I "- " '-. Of..;. I'-... " 0 ~g '- :--..1--.... "- .. . '" "- I'-... ~ " " . \-,0 ., OS '- " N I'-... N , ,vS'69Z - . E-c 0 ~ .-j ...:l ..... ....... ... N ;;. 0 0 t- o ""' ~ '" 0 ..... .-I 0 ~ I I Sf' 55, -' 0 ~ ~ 0 Q 0 0 . .... ..... ~ 0, 0 co 0 ct. .;, 0 ~ ... 00 t"l r- 1"11' .b cx)N E-c. ,,",0 C r- IM 0:;; <) <r .-jCX) D l'l ...:l~ Q r- ,.... CO NI-< .-.:. ... .... NU U '0 ~< \!: ":" ~ .9t.Hl 1/1 ?. ' ~ L.i -" f.Q .. U 'r" ~ P-< ~ ",. - (, E-c <r \I: 0 10 co '" ...:l rl '" .... \ ,(('(61 \ I ~ <) ~ ~ 'Z' ~ ~ .b en ;,. 'fi ~ ~ r-- __ Exhibit A L O1S HS N ..... to ~ U (PARCEL 1) - SCHJ;DULE "A" Description'.of Survey Sjte DESCRIPTION AS RECORDED IN ornCIAL RECORDS BOOK 1186. PAGE 178, INDIAN RIVER COUNTY, FL4.PIJ.BLlC RECORDS That part of the East 706.40 'feet of the North one half of. t~~ Southeast quarter of Section 22, Township 31 South, Range 38 East., North of State Road 512 lying 'South of .the Trans-Florida-Central,'Railroad, Indian River County, Florida, known as Lots 1,2;3, & 4 'of the the Romar Subdivision according to plat thereof filed in Plat Book 10, Page 31, Records of Indian River County, containing 4.091 acres more . or less, LESS AND EXCEP.T all 'of Lot 1 and the East 50' of Lot 2. . TOGETHER WITH . DESCRIPnON PROVIDED BY CLIENT The, Northerly 50 feet of Tract "A", Lot 1,' and Lot 2,. Rom.ar Subdivision as recorded in Plat Book 10, Page 31, of the Public Records of Indian River County, Florida, described as follows: . (PARCEL 2) Commencing at the Southeast corner of said Lot 1, run North 00.10'00" West, 261.28 feet along the Westerly limit of.. Waterview Avenue to. the. POINT OF BEGINNING; thence from a point of beginning so fixed, South 80.30'58" West, 253,34 feet along a line parallel to the Southerly .Right- .of-Way of abandoned Trans Florida Central Railroad; thence North 00"1000" West, 50.00 feet; thence North 80.30'58" East, 253.34 feet along the Southerly Right-of-way line of the abandoned Trans Florida Central Railroad; thence South 00.10'00" East, 50.ob feet to. the POINT OF BEGINNING. 14:08 7727783517. HB\! ENGINEERING PAGE 02/02 T~S52 P.02/02 F-399 o .. :51am From- "fOUNDmtS Fletcher &. LellQ Sh~nff Bernard &. uVQnn Slmpkitl~ ~&~ e C.- OmSOTOllS Jm s, Ctoul;h Cad'lerlnt: S. Ooshorn lan s. Jakubeio Pitnise S, Forrer Sam 1... &c:krrl~n, ChdLJmQ1'l Thomas A. V:mi, Pl'coo.."TIt Robert A. Patrill, VPID.!/151n1!1 Laura Moffett. StatUI!) ENTERPRISES, INC.. fUrry A. Jones, Esq. December 14. 2005 Mr. Jim Davis IRe Public Works Dirl;;ctor RE : Crossroads Plaza Parcel1D 22..31-38~OOOOl-OOOo..OOO02.1 De~r. Mr. D~,,.i$: It Tom Vani. being the authorized repl'flsenta.tive for ()wnershi~ oftbe subject pro,!ler.t.y, agree that we Wll.i ded~catel:2 teet of right-of-way t as depiQted on the survey sketch atld desoription previously provided to the county. as a oondition of a.pproval oithe r;quested :mnexation into the City of Sebastian. It is our unde:rstsnding that the county must create a deed for the prt.lVided description, which we agree to execute within seven. (7) days of receipt from the cOlmty. which we understand would be provided to us within thirty (30) days of annexation approval, Please be aware that we have elear title to this property, Should you have any q.uestions regarding tbis matter, please contact us, nVtl<</~ ~~ Crosaroads Plaza of Sebastian. LLC ,J II 400 High Poim Drive, 5ui~e 500 .. Cocoa, Florida 32926 · Telephone: 321/636-0200 .. Fa):: 321/636.$406 r::, II 0 ., Deed of Dedication of Right-of-Way Recorded in Book 1981, Page 1766-67 {:.. ~ H- \ ~\ l' \=:) ORDINANCE NO. 0-05-20 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 3.3 ACRES, MORE OR LESS, NORTH OF COUNTY ROAD 512 AND SOUTH OF THE TRANS-FLORlDA-CENTRAL RAILROAD BEING A PART OF SECTION 22, TOWNSHIP 31 SOUTH, RANGE 38 EAST; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, S & S Enterprises, Inc./FLP #2, 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 WHEREAS, 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 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 the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real property: SEE ATTACHED SCHEDULE A As shown in the map attached as Exhibit "A", containing 3.3 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 , ~...;,. ....,. "" ,! }~:.:. ::"'}"',>.~.4"Y::~"-c) ~l ! 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, 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 this Ordinance shall become effective upon recordation of a deed of dedication for right-of-way as per the attached Exhibit "B", so long as such recordation occurs with 45 days of passage hereof The foregoing Neglia Monier Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: MayorNathanB. McCollum aye Vice-Mayor Brian Burkeen aye Councilmember Lisanne Monier aye Councilmember Andrea Coy aye Council member Sal Neglia aye The Mayor thereupon declared this Ordinance duly passed and adopted this 14th day of December, 2005. -m- C~FLORIDA By .~ Mayor Nathan B. McCollum Approved as to form and legality for reliance by the City of Sebastian: BK: 1924 PG: 556 r .EXHIBIT. A a:ns ~XO~ 1 IU~ . " \ I'-... "- 'k I" I' i'-.. I'-... "'-l . '" .r--..... t-... I "- "- 1--.... " ,-\ 'l> " "- ~ ~..:l' I' ,....~ " . ~- I'- I'- I'-... .., ~Q I" ~'" ~,-\ .0 I'-... "O~ ~->'-. 1'0 I'-... N, ...0 . 'eg. ;p ~v I'-... " N , ~~'e>- ~ .-4~ "- 10.,> " "- , :~t:l "'..,~ \0<0 , 01' 9! p...-I " " \l'l..:. "- 0 ~ 0 '" :-... "- o. " . \-' 0 ." '-. '-. '- : .. os .1'-... "- I" I'- "- I ~S' 69t-: .. f-4 - .-j 0 ..... ....... ...:l ... N ~ , 0 t- o ~ l"l 0 ,.. .-I 0 .2- I diE'SS, 0 -1 Cl Cl 0 I ...!:; 0, .-i '1.1 Cl '" 0 ct. '" Cl ~ ... ClO ~ r- 1"11' ~ CON f-4. ;..: l'lCl <) 1M 0:;; D .., .-jCO . l'l ...:l'" r- ,.... ~ '" ~!j .... '0 .....~ 'it ~ , ~ ~ .n.tn 1/1 .~ '" ~ .... 'r" ~ ",. E-c ;. ~ 0 .,; co '" .~ 'rl '" .... ,(('En \ ~ t,) l .A Exhibit A 'Z' ~ II en ... 'fi \0 LO 0 0'1 r-- -- N ..... \0 ~ L OlS HS (PARCEL 1) (PARCEL 2) - SC~DULE "A" Oescription"af S~rvey S~e DESCRIPTION AS RECORDED IN OffiCIAL REOORDS BOOK 7786. PAGE 778. INDIAN RIVER CO/J.NTY. FLA.fJ/J.BUC RECORDS. That port of the East 706.40 'feet of the North one half of. the Southeast quarter of Section 22,. Township 31 South, Range 38 Easf., t10rth Qf State Road 51.2 lying 'South of .the Trans-F1orida-Central,'Railroad, Indian River County, Florida, known as Lots 1,2;3, & 4' of the :the Romar Subdivision according to plat thereof flied in Plat" Book 10, Page 31, Records of Indian River County, containing 4.091. actes more . or less, LESS AND EXCEP.T all 'of Lot. 1 and. the East 50' of Lot 2. TOGETH~R WITH DESCRIPnON PROVlDCD BY CUENT The, Northerly 50 feet of Tract U A", Lot 1,' and Lot 2,. Ro~.ar Subdivision as recorded in Plat Book 10, Page 31, of the Public Records of Indian River County, Florida, described as follows:. .' . Commencing at the Southeast corner of saiq Lot 1, run North 00'10'00" West, 261.28 feet along the Westerly limit of.. Waterview Avenue to. .the. POINT OF BEGINNING; thence from a point of beginning so fixed, South 80'30'58" West, 253.34 feet along a line pafallel to the Southerly .Ri~ht- .of-Way of abandoned Trans Florida Central Railroad; thence North 00'1000" West, 50.00 feet; thence North 80'30'58" East, 253.34 f~et along the Southerly Right-of-way line of the abandoned Trans Florida Central Railroad; , " . thence South 00'10 00 East, 50.00 feet to. the POINT OF BEGINNING. .. 14:08 7727783617. MBV ENGINEERING PAGE 02/02 T~S52 P.02/02 F-~99 o .. :51am FrDIII- 'flOUNDERS PI~~het &. Leila Sheriff 1\erMrd &.1..aVQfU\ SIu\pKitll ~r'C ~ C. l../ tlmtcTOBS Jm S. CfClul;h Ca,heritle $, Goshorn JaD s. Jakubci[\ Penise S. JIorno:r a.ny A. JON:I, llsq. Sam 1.. Bodcntlm. Chdi_ Thomas ~ VIm, ~ llDhert A. Pam.. VP/'htuUfd Laura Moffett. ~ ENTERPRISES, INC. December 14, 2005 Mr. Jim Davis IRe Public Works DinlIc:tot' RE : Crossroads Plaza Parcel1D 22..31-3S..00001~OOo..OOO02.1 De~r. M.r, D~.l'is: I. Tom Vam. b=ng the authorized representative for o~ of the subject I'rn~, agree tb.at we will dedJ.cate 1;2 teet of right-of-way t as depictod on the:: aurvcy sketch and description previouslyprov;ded to the comly. as a conditioA of approVal of tho roqueste4 amexation into the City of Se\'2astian. It is our und~ding that the county must create a deed for the provided description, whioh we aJPc to execute within seven. (7) days of receipt from the ~unty. whioh we understand would be proVided to US within thirty (30) days of annexation approval. . Please be aware that we have ~lear title to this property. Should. you hl\ve any questions re~g this matter) please contact us. ,J ~ To Vani Crossroads Pl82a of Sebastian. LLC r 400 Hiah Point Drive, Sui~e 500 · Cocoa, Florttia 32926 ' Telephone: 321/636~0200 · !U: lZl/636.8406 [)<.H-\~\1 t( ~ 'I