HomeMy WebLinkAboutO-09-09005719
THIS DOCUMENT HAS'B.EN
RECORDED IN THE Pl 6_IC RE ;C)R'DS
GF I'VDIAN RIVER COUI'JTY FL
BK: '?354 PG:1985, Pa~1e1 of 4
07.!17!2009 at 01:32 F'M,
,1EFi-REY K BARTOIV, OI_=RK O'" ~~:URT
ORDINANCE NO. 0-09-09
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
PROVIDING FOR THE VOLUNTARY ANNEXATION OF LAND
CONSISTING OF 3 ACRES, MORE OR LESS, LOCATED WEST
OF U.S. 1 BETWEEN SHADY REST MOBILE HOME PARK AND
ST. SEBASTIAN CATHOLIC CHURCH; PROVIDING FOR
INTERIM LAND USE AND ZONING CLASSIFICATION;
PROVIDING FOR CONFLICT; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, James Mustacchia, owner of the 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 Exhibit "A"
as shown on the map within said Exhibit "A", containing 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herewith are hereby repealed.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.
This Ordinance shall become effective
immediately upon its adoption.
The ,foregoing 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 Richard H. Gillmor ~ ~~ Q-
Vice Mayor Jim Hill
Councilmember Andrea B. Coy
Councilmember Dale I. Simchick
Councilmember Eugene Wolff
The Mayor ereupon declared this Ordinance duly passed and adopted
2009.
day of
ATTEST: CITY OF SEBASTIAN, FLORIDA
C~f L `~__-----
~' Sally A. M io, MMC
pity Clerk
N
By
Mayor Richard H. Gillmor
Approved as to form and legality for
reliance by the City of Sebastian:
Robert A. Ginsburg, City Attorney
~~
Exhibit "A"
Page 1 of 2
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Exhibit "A" ;?
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Description f~,, ~
That part of Lot 20, of WAUREGAN SUBDIVISION, lying East of Wauregan A'nue West of U.S. Highway No. 1;
LESS the West 200 feet thereof, also described as follows: Begin ~at the Point of Beginning formed by the
intersection of the Westerly boundary of U.S: Highway No. 1, with the Southeasterly boundary of Lot 20,
Wauregan; thence proceed Northwesterly along the Westerly right of way of U.S. Highway No. 1, a distance of
318,8 feet; thence proceed. Southwesterly along the common boundary between Lot 20 and 19 (Wauregan).a
distance of 440.77 feet; thence proceed Southeasterly on a line parallel to the Easterly right of way of Wauregan
Avenue a distance of 315.19 feet; thence proceed Northeasterly along the common boundary between Lot 20 and
21 (Wauregan) a distance of 391.18 feet to the Point of Beginni II in WAUREGAN, Fleming Grant, according
to the plat filed In the office. of the clerk of the circuit court of Br ar County, Florida, in Plat Book 1, Page 75;
and refiled in Plat Book 1, Page 178 and'179, public Records f St. Lucie County, Florida; said land lying and
being in Indian River County, Florida. Less and except road~r ghts of Way,
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MUSTACCHIA ANNEXATION
Exhibit "A"
Page 2 of 2
Home Depot
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Shady Rest
Mobile Home Park
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SUBJECT
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Catholic Church
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Wal Mart
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