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HomeMy WebLinkAboutO-07-011836758 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2155 PG:2282, Pagel of 4 04/19/2007 at 02:40 PM, JEFFREY K BARTON, CLERK OF COURT ORDINANCE NO.0-07-O1 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 3.87 ACRES, MORE OR LESS, NORTH OF THE INTERSECTION OF US 1 AND BARBER STREET; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Vero Mini Storage, 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 3.87 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 All ordinances or parts of ordinances in conflict herewith are hereby repealed.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. This. Ordinance shall become effective immediately upon its adoption. The foregoing Neglia Coy 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 Andrea Coy Vice Mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff ave aye nay aye na The Mayor thereupon declared this Ordinance duly passed and adopted this 28th day of March ~ , 2007. CITY OF SEBASTIAN, FLORIDA ;? By: Mayor Andrea Coy Approved as to form and legality for reliance by the City of Sebastian: Rich tringer, City tto ey EXHIBIT "A" DESCRIPTION PARCEL I" THAT PORTION OF THE FOLLOWING LYING NORTH OF THE LINE DESCRIBED iN THAT CERTAIN BOUNDARY LINE AGREEMENT AS RECORDED iN OFFICIAL RECORD BOOK 140t. PAGE 2456 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FL0121DA. THE SOUTH 165 FEET OF THE SOUTH I/2 OF THE SOUTHEAST I/4 OF~THE NORTHEAST. I/4 OF SECTION 20. TOWNSHIP 31 50UTH. RANGE 39 EAST, INDIAN RIVER COUNTY. FLORIDA. LYING WEST.OF US HIGHWAY I. MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF BEGINNING BEGIN AT THE 50UTHWES7 CORNER OF THE SOUTH It2 OF THE SOUTHEAST I/4 OF THE NORTHEAST I/4 OF SAID SECTION, 20: THENCE RUN NORTH 165.00 FEET: THENCE RUN EAST 1104.75 FEET TO THE WEST. RIGHT OF.WAY LINE OF US HIGHWAY I: THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE. A DISTANCE OF 183.72 FEET: THENCE WEST 1188.00 FEET TO THE POINT OF BEGINNING. LESS RIGHT OF WAY OF THE FLORIDA EAST COAST RAILWAY AND ALSO LESS THE RIGHT OF WAY FOR U5 HIGHWAY i AS RECORDED IN DEED,BOOK 107. PAGE 331 AND DEED•BOOK Itt. PAGE 495 OF~TH6 PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. AND - PARCEL 2 THAT PORTION OF. THE FOLLOWING LYING SOUTH OF THE WESTERLY PROJECTION OF• THE IfNE DESCRIBED IN THAT CERTAIN BOUNDARY LINE AGREEMENT A5 RECORDED IN OFFICIAL RECORD BooK 14Oi. PAGE 2456 OF. THE PUBLIC RECORDS OF INDIAN RIVER .COUNTY. FLORIDA. •THE SOUTH 165 FEET OF THE SOUTH I/2 OF.TNE•SOUTHEAST I/4 OF THE NORTHEAST I/4 OF SECTION 20.~TOWNSHIP 3i SOUTH. ,RANGE 39 EAST, INDIAN RIVER COUNTY. FLORIDA. LYING WEST OF U5 HIGHWAY 1. MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT.OF BEGINNING BEGIN AT THE SOUTHWEST' CORNER OF THE 50UTH I/~ OF ". THE SOUTHEAST I/4 OF THE NORTHEAST I/4 OF SAID SECTION 20: THENCE RUN NORTH Ib5.00 FEET: .THENCE RUN EAST 1104.75 FE~T TO THE WEST-RIGHT OF WAY LINE OF U5 - HIGHWAY I: THENCE SOUTHEASTERLY ALONG S ID RIGHT OF WAY LINE. A DISTANCE - OF (83.72 FEET: THENCE WEST 1188.00 FEET TO THE POINT OF BEGINNING. LESS RIGHT OF WAY OF THE FLORIDA EAST COAST RAILWAY AND ALSO.LESB THfi RIGHT OF WAY FOR US HIGHWAY t- AS RECORDED IN DEED BOOK 107. PAGE 331 AND DEED BOOK Ilt. PAGE ..~ • 495 OF-THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. • f s 11W 1786 AC ~1 ~ LOT GOV 5 i ' . ,~ ~ ,,.„ AL _ GOV. .°-. 2fi6 AC ~' I `F ~ GOV LOT 6 b WHISPERING . PALMS 1 MOBIIF ~ VILLAGE 3 ~. - -= yd ~Y n, 1052 ~; T00 pp k i' $, ~ 7w ~ ~ t'i ~S ~• ~} ,°' ; ~s WHISPERING (ASSESSED 17-31-39) _ _____.x -...'~ PALMS ~~ ~ MOBILE *~ ~ ,mw (A ~5:. ~~ VILLAGE G ~ ~~ ;i j T00 ~1 ~K . ~ . 1 ~ . s 9 F ~ ~ ~~' ~~ n. ti T~:~'E' ~ L 9 p ut a u~ -y ~7 . w a LIN ~~ eau @~y~, ~ r 1x ~ 4 vlpuns bow t ^ 7,t, v '° t 2 Y f ^ ~ O ~ enp '" < ~ ^ ^ (n~ W u ra u T f u n ~, s "~ u u ee n x w ^ ~__ n^ we tm to 1 x u as ~ I f slT a ^ w s~ E RES ^ ^ ^ a~ w me .e w T v ^ ^ 'Y ,C ^ ^ ° ~ SuB3'8LT ~ ~b 0 • _ l ^ ~0 ^ 996A917 CD'Y 1.11(179 I as s Tee ~l .,.: yam ' ~':Rs KE'b ' . w n ^ A ~" •o w ~ C ~ TMR T a UMT T/ w w w u n to ~ d° o .m ~ ~ SEBASTIAN HIGHLANDS ^ .. ~ ^. «~ Leo v,...t w.. u vuk. PUBUX 9JD VER SUB ! fiA1W1 ~ 9 PILL q-^ ~ e ~ tAl ~ ASSESSED 31t 39 s '^^ ~.~~, ~ $ too ~~ ~ >m en u - n m o 1 f ^ a T a .pd~ j x ~ ^ ` ~ `T~~ PALM LAKE CLUB ~'~ i ~ ~ ~ ' d7 " ~ ~ sM~ ~ M 14 l ;~ ~ ~~@ q 1 . ~ § PHASE I SUB a D4~ ~~ ~ .. t to ~ a t ~ o..,:.:°~......~y.e^"'" . rn r e G 'Ji ~.a. e~ , ,~. + t 9, ~:4 a s ~ ~,::W# ~ ; I ~~ n o ,Sf !! i ~"':; " P91 tl- 6• ~[c o le ~ 1x~E ~ : 33 51T'f ~ ~ cAran ~ ~ au m ., # ~ L A K E ~ ~ . ~ a t € q ° ~' ~ ~ ~' .^ a - w •n w o ~ w 1 ~ a t 1 ~ (gg{ ~k ~ ~ ~ s^ ~ g ~P w ~ ~ ~ .~ € ' ~ a~ tw ~ p w+b A53E55N II.3t-]9 ~ ~.~ ~ f. ~i° . ~4 a a 1 11~EtE .c .:......C , ti n ~, a. Y1 T i .M. "~`~~~ ~ a~ Po ~ ~ ^ ~ 1a u l;,: ., `; ` f o ~` ,~ m 1 ° f ~ j ;f a ~ 1~ a PALM LAKE CLUB i~.,~ PHASE U SUB ~' ,.~ , ¢ ~ y SS~ ~ ~ o m j - m m rMCr -x- $`~ a i„ ~'~`i~. . ,.< ,.. ~~ . a ,r °'"E" . ~ V w f ~ m ,. a<~..u a. ,.,. ~. e., w,.«,.. ..,«. ~' ~ zv a j w u f ~ N.~ i f u QPt ® m ~ e " .. ~ ~"~\0 G s w ~ ~. ~ °~ ,~ ~ ` t . m ~K,¢v~ 5 ttn a ~. G w w w n l le I { ] N e`_ ° TA eC . . ..x nx... nwx ~' t ~~ ~ ~ ~y ~, ~?.W I 1 is ,~*.s^~;, ;s~ L rle w IT to ~. u ~~ .e .. ~..~! _mxl ~ ~ 0 ~f .e..,..~ w. [ t P J w ~ [ .~~..awS.} ... a. ~~ _.. - __ ____.._.._._ _ . _.. ORDINANCE NO.0-07-O1 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 3.87 ACRES, MORE OR LESS, NORTH OF THE INTERSECTION OF US 1 AND BARBER STREET; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Vero Mini Storage, 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 3.87 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. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilmember Neglia The motion was seconded by Councilmember coy and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice Mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff aye ave nay aye nay The Mayor thereupon declared this Ordinance duly passed and adopted this 28th day of March , 2007. ATTEST: Sally A. Ma' MC City Cler CITY OF SEBASTIAN, FLORIDA ~? By: Mayor Andrea Coy Approved as to form and legality for reliance by the City of Sebastian: Rich tringer, City tto ey EXHIBIT "A" DESCRIPTION PARCEL I THAT PORTION OF THE FOLLOWING LYING NORTH OF THE LINE DESCRIBED IN THAT CERTAIN BOUNDARY LINE AGREEMENT AS RECORDED IN OFFICIAL RECORD BOOK 140t. PAGE 2456 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. THE SOUTH 165 FEET OF THE SOUTH i/2 OF THE SOUTHEAST I/4 OF~THE NORTHEAST. I/4 OF SECTION 20. TOWNSHIP 31 50UTH. RANGE 39 EAST, INDIAN RIVER COUNTY. FLORIDA. LYING WEST.OF US HIGHWAY I. MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF BEGINNING BEGIN AT THE 50UTHWEST CORNER OF THE SOUTH I/2 OF THE SOUTHEAST I/4 OF THE NORTHEAST 1/4 OF SAID SECTI0N,Z0: THENCE RUN NORTH 165.00 FEET: THENCE RUN EAST 1104.75 FEET TO THE WEST. RIGHT OF.WAY LINE aF US HIGHWAY I: THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE, A pISTANCE - OF !83.72 FEET: THENCE WEST 1188.00 FEET TO THE POINT OF BEGINNING, LESS RIGHT of WAY OF THE FLORIDA EAST COAST RAILWAY AND ALSO LESS THE RIGHT OF WAY FOR - US HIGHWAY i AS RECORDED IN DEED BOOK t07. PAGE 331 AND DEED•BOOK III. PAGE 495 OF-TH6 PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. AND PARCEL 2 THAT PORTION OF THE FOLLOWING LYING SOUTH OF THE WESTERLY PROJECTION OF• THE LINE DESCRIBED IN THAT CERTAIN BOUNDARY IiNE AGREEMENT A5 RECORDED IN OFFICIAL RECORD BOOK 1401. PAGE 2456 OF. THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. ~ - • ••THE SOUTH 155 FEET OF THE SOUTH I/2 OF.TNE•50UTHEA$T I/4 OF THE NORTHEAST I/4 OF SECTION 20,~TOWNSHIP 3i SOUTH. .RANGE 39 EAST. INDIAN RIVER COUNTY. FLORIDA. • LYING WEST OF US HIGHWAY 1, MORE PARTICULARLY DESCRIBED A5 FOLLOWS: FOR A POINT.OF BEGINNING @EGIN AT THE SOUTHWEST CORtJER OF THE 50UTH i/2 OF • •. THE SOUTHEAST t/4 of THE NORTHEAST I/4 of SAID SECTION 20: THENCE RUN NORTH • Ib5.06 FEET: .THENCE RUN EAST 1104.75 FE~T TO THE WEST-RIGHT OF WAY LINE OF US • ~ HIGHWAY 1: THENCE 5OUTHEASTERLY ALONG S ID RIGHT OF WAY LINE. A DISTANCE - OF 183.72 FEET: THENCE WEST 1188.00 FEET TO THE POINT OF BEGINNING, LESS RIGHT OF WAY DF. THE FLORIDA EAST COAST RAILWAY AND AL50.LES3 TH6 RIGHT OF WAY FOR US HIGHWAY i AS RECORDED IN DEED BOOK 107. PAGE 331 AND DEED BOOK III. PAGE ..,,6 • 495 OF-THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. - ~~ m '-~ I LOT 5 GOV ° I a . .~ I As.n Ac 5 ' ~ GOV I r 266 AE ~' I . WFIISPERING ~° ~ ~ I G O V. LOT 6 ~ PALMS ~a 1 n96 AC ~ MOBILE VILLAGE ~. <~ .{ ' ,,,., ~~ T00 1052 ~ Ip '< r• rw ' - }} ~ 3 ~ ~3 ,,,•' ' WMSPERING (ASSES~'D n-31-39) _ _,.__~R.~~"`~ PALMS Toa ~ ~ ~ MOBILE ,~ ~ TWK (A G ~ ° VILLAGE ~ >Le .e L ~ S ~ ~ T00 ~, ~ K ` ,o I = p ~ ~~ ~~ y Tw .c ~ a~~c' ~ ~ ~ 9.L wr N ~ tlT ~?<7 ~.c - r i ~ 4~y i ~ 4 vlclons bow R '~ ~, 1 a i y a m ~ 0 lel c J m ~ m ~e~ T,. ac t9 w w.e e n n `y t H um m M M m ~~ C_--I 1 .t ~ epm mtm m a ~:n T a a a m m m. m as ... sg l I RES m a.e ~ !a ele Tm .c a a TT m q m n Y w ° - SuBJ'ELT ~~ • .- i ...:... _ a m M .. m ~' eT m w 96BA6T1 Cl1R Lltit75 . ~ J TMCr T M e ~ ~ W C SEBASTIAN HIGHLANDS UNR 17 b w w 11 I 1 n 1P~ ..:~ ~ ~*:°. .,'.:. a ~ a soo.. Yg~ (~ y .~.+-~»-. ,.~~°, ~` n T PUBLIX EJD RIVER SU8 ~ t a r .E «.:.MU oa . ...,..:.. ~ ee gppg~ P81. b-06 T14 Y~ ^~ u ~a ASSESSED ~9Y-3~39 m ie u " ie u u ~ -~+ ° ~ - ^- wu„ ~ "~.. - ..:.....w n..w lFwC m S1~1B a .fJ ea .G < ~`> 3 `' '` '*'. ~ ;``e • n,, ' + PALM LAKE CLUB '~ ~ ~ P ~ ~ n e s ~' _ r°" N w > " 4 ( PHASE I SUB w , . s:,..w.,.,58. ~.,. , eu avf ~ o ~ ~», I ~, R '~ ' ---------- ` f u ~ a P tl ' i e Y e L ~ .A ~ r~ `~ ~ Y ~ w w ; ~ IT ~ ~ ~ ~ .m T dl -~! ' ~i ' f( ~ SI" 2' eAroP -'~.~num. eG m Y.J.. «.m " ~i ~ 4; ~ ~ L A K E ~ c ' ~ ~ ,m Mb ~~ # .3 4' S .^.'":. - yy ° xn.T ~~ S ~ .~SSLSSEp II-7419 n m ' 10 TX T . jai? ,P~/y€ ~x~+r~n~. #' a ~ GS ~$ 7 gil I k ~I ~ ~ 4 e 9 f' we" ~ P ~ ~ ~ n Tal ~e a 1, e {. "~' ~ ' ~ - ~ °" .>~ w ° ~ ` PALM LAKE CLUB 1 ~ m ~ ~ ° *' ~ e '"° ""~ ~m PHASE II SUB ' A a+ ~ ' a "~i. R,av aac ~nEl.F.ma' ~~ w ,~ a ~ } o a a ru.a x o w »„a d` a,: `Rq'Cv '~~ ..,., .. S{.. ..m °` ~'~ t ® a a +r :a tl. ~ ~pRC1E ,.~.a, t ,y ¢ 1 1T e T w ~ .,:.~... ,. ... .t n, ' ~. . a a u 1 3 a ' • II F81'~.~ 4 m w b Ia i s h e" ~P~\O~ G4 w a u I to e i e ° x on .a 9P`~- ra a ~. ra ~ es a ~w^` ~~ to 8 7 m I Ie gyp..: f;, :.~' ~. 0 ...i... _ w ' '_ ..... "' ~~.~" w w w # 1 Ir to w ~u,, uw a n to ~ ~ ;!_.~ ~ ~ ~ e a ~g `•+°` '• ~ e ~ ~~"'O . PARK PI ACF MORA F HOME PARK ,a