HomeMy WebLinkAboutO-09-06ORDINANCE NO. 0-09-06
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND
CONSISTING OF 5.90 ACRES, MORE OR LESS, LYING SOUTH
OF VICKERS ROAD (a.k.a. 99 STREET) AND WEST OF THE
F.E.C. RAILROAD; PROVIDING FOR INTERIM LAND USE AND
ZONING CLASSIFICATION; PROVIDING FOR CONFLICT;
PROVIDING FOR AN EFFECTIVE DATE.
2041 493
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBIC RECORDS
OF INDIAN RIVER COUNTY FL
BK: 2303 PG:1796, Pagel of 7
01/14/2010 at 12:32 PM,
WHEREAS, Bridgeton Real Fund 1, LP, 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 5.9 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
JEFFREY K BARTON, CL ERK OF COURT
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herewith are hereby repealed.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, including the DECLARATION OF COVENANT AND RESTRICTION
ON LAND attached as 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 this Ordinance shall
become effective upon recordation of the DECLARATION OF COVENANT AND
RESTRICTION ON LAND (Exhibit `B so long as such recordation occurs within 45
days of passage thereof.
The foregoing Ordinance was moved for adoption by Councilmember
Hill The motion was seconded by Councilmember
Wright and, upon being put to a vote, the vote was as follows:
Mayor Richard H. Gillmor aye
Vice Mayor Jim Hill aye
Councilmember Andrea B. Coy aye
Councilmember Eugene Wolff aye
Councilmember Don Wright aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 16 th day of
December 2009.
Mayor Richard H. Gillmor
Approved as to form and legality for
reliance by the City of Sebastian:
Robert A. Ginsburg, City Attorney
PARCEL 1
EXHIBIT "A"
Page 1 of 3
LEGAL DESCRIPTION:
From the Southeast Corner of the Southwest 1/4 of Northeast 1/4 of
Section 20, Township 31 South, Range 39 East, Run North 00 29'41"
East a Distance 17.45 Feet to the intersection of the West Right
of -Way of the F.E.C.R.R.; Thence run North 25 38'36" West along
said West Right -of -Way a distance of 450 Feet to the point of
beginning; Thence continue North 25 38'36" West along said West
Right -of -Way a distance of 592.36 Feet; Thence run South 64 21'36"
West a distance of 150.00 Feet; Thence run North 25 38'36" West a
distance of 438.21 Feet; Thence run South 89 49'27" West a distance
of 116.07 Feet; Thence run South 25 38'36" East a distance of
498.12 Feet; Thence run North 64 21'24" East a distance of 65.21
Feet; Thence run South 25 38'36" East a distance of 509.97 Feet;
Thence run South 00 °17'14" East a distance of 362.06 Feet; Thence
run South 58 48'28" East a distance of 59.88 Feet; Thence run North
89 42'46" East a distance of 70.51 Feet; Thence run North 00 17'14"
West a distance of 354.32 Feet; Thence run on a Circular Curve with
a radius of 295.00 Feet Concave to the West a distance of 16.31
Feet; Thence run North 64 21'24" East a distance of 89.84 Feet to
the West Right -of -Way of the F.E.C.R.R. and P.O.B.
Less and Except the following described property:
Being all of Lot 19, Breezy Village Mobile Home Subdivision, Unit
II, According to the Unrecorded plat thereof being more
particularly described as follows: Begin at the platted Northeast
Corner of Tract C, Breezy Village Mobile Home Subdivision, Unit -I
as shown on the plat thereof, Recorded in plat book 9, page 34 of
the public records of Indian River County, Florida; Thence South
64 °21'34" West along the platted Northerly line of said Tract 6,
89.82 Feet to a point on a curve concave to the West having a
radius of 295.00 Feet, a radial line from said point bears South
86 32'43" West; Thence Northwesterly along the arc of said 295 Foot
radius curve through a central angle of 14 °54'47" a distance of
76.79 Feet, thence North 64 °05'13" East, 70.34 Feet to the West
Right -of -Way of the F.E.C.R.R. Right -of -Way; Thence South
25 °54'57" East along said West Right -of -Way line 74.05 Feet to the
P.O.B.; Subject to an easement for ingress and egress over the
Easterly 15 Thereof.
Said Parcel containing 4.535 Acres More or Less.
PARCEL 2
LEGAL DESCRIPTION:
EXHIBIT "A"
Page 2 of 3
Beginning at the Intersection of the North Line of the Southwest
Quarter of the Northeast Quarter of Section 20, Township 31 South,
Range 39 East, with the Westerly Right -of -Way limit of Florida East
Coast Railway (Said Right -of -Way Limit being 50 Feet Westerly from
and parallel to the centerline of the original Main Track of said
Florida East Coast Railway); Thence Southeasterly, along said
Westerly Right -of -Way Limit, 400 Feet; Thence Southwesterly, at
right angles to said Westerly Right -of -Way limit, 150 Feet; Thence
Northwesterly 150 Feet Westerly from and parallel to said Westerly
Right -of -Way limit, to a point in said North line of Said Southwest
Quarter of Northeast Quarter of Section 20, Thence East along said
North Line to the Point of Beginning.
Subject to Existing Public Highways.
Said Parcel Containing 1.4 Acres more or less.
EXHIBIT "A"
Page 3 of 3
Exhibit "B"
This exhibit is a seven page covenant previously recorded
in Indian River County Public Records in Official Book
2392, Page 438.
This instrument was prepared by:
Eric Granitur, Esq.
535 Greytwig Road, Suite 5
Vero Beach, FL 32963
Property folio #s: 31392000000100000016.1
31392000000100000019.1
31392000000100000020.0
VOLUNTARY DECLARATION OF RESTRICTIVE COVENANTS
2040046
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUB _IC RECORDS
OF INDIAN RIVER COUNTY FL
BK: 2392 PG:438, Pagel of 7
01/06/2010 at 02:34 PM,
THIS VOLUNTARY DECLARATION OF RESTRICTIVE
COVENANTS is entered into on this 30th day of September, 2009 by Bridgeton Real
Fund I, L.P., a Delaware limited partnership (the "Declarant for the benefit of the City
of Sebastian, Florida, a Florida municipal corporation (the "City
WHEREAS, the Declarant is the owner in fee simple of approximately
5.935 acres located in Indian River County, Florida, which is more specifically described
in Exhibit A to this Declaration (the "Property").
WHEREAS, the Declarant is seeking to annex the Property into the City
(the "Annexation
WHEREAS, the City is willing to approve the Annexation based on the
the Declarant and the Property being subject to all of the terms and provisions of this
Declaration.
JEFFREY K BARTON, (CL ERK OF COUR1
NOW THEREFORE, in consideration of all the promises and covenants
contained in this Declaration, the Declarant voluntarily declares that the Property shall be
owned, held, used, occupied, transferred, sold, conveyed and demised subject to the
covenants and restrictions contained in this Declaration, which shall protect the value and
desirability of the Property, which shall remain with the Property in perpetuity, which
shall be binding on any and all parties having any right, title or interest in the Property,
and which shall be binding on any and all of the parties' heirs, successors and assigns:
Property:
1. Limitations in Use. The following uses shall not be permitted on the
A. Gasoline and petroleum sales, except as an accessory use for
stored vehicles on the Property,
B. Food sales, including any restaurants that have or do not have
drive through services,
C. Adult entertainment, including any adult entertainment
establishments,
D. Boat manufacturing,
E. Sand mining,
F. Concrete production, including any concrete plants, and
G. Asphalt production, including any asphalt plants.
2. Change in Circumstances. If there is any change in
circumstance relating to the Property that the City determines would require this
Declaration to be amended, then the Declarant agrees to comply with the City's
determination and amend this Declaration accordingly.
3. Amendments. This Declaration can only be modified, amended
or released by a written document that is executed by both the Declarant and the City
with the approval of the City Commission.
4. Recording and Effective Date. This Declaration shall become
effective upon it being recorded in the public records of Indian River County, Florida.
Upon this Declaration being recorded, this Declaration shall run with the Property for the
benefit of the City and shall bind any and all successors and assigns to the ownership and
title of the Property.
5. Governing Law. This Declaration shall be governed by, and
construed and enforced in accordance with, the laws of the State of Florida. The
Declarant and the City consent to the exclusive jurisdiction of the federal and state courts
located in Indian River County, Florida, in any and all actions arising between them
under this Declaration.
7. Entire Declaration. This Declaration contains the entire
understanding of the parties with respect to the subject matter in this Declaration.
8. Execution of Documents. All of the parties to this Declaration
shall execute all documents that are necessary to carry out the purposes and intent of this
Declaration.
9. Counterparts. This Declaration can be signed in counterparts, all
of which taken together shall be deemed an original.
2
THE Declarant has executed this Declaration, which consists of seven
pages, which includes a two page exhibit, as of the date first written above.
Signed, sealed and delivered
,qsy ,,ate
Printed Name: E /24
1
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
""�e, E RICCS N o 2
j 30, 2012
EXP1 t Assoc. Co.
BRIDGETON REAL FUND, L.P., a
Delaware limited partnership
By:
hn M. Malek, as General Partner
This Declaration was acknowledged before me this 30th day of September 2009
by John M. Malek, as General Partner of Bridgeton Real Fund I, L.P., a Delaware limited
partnership, on behalf of Bridgeton Real Fund I, L.P., a Delaware limited partnership,
who is personally known to me ntwho has uced
as- identifieation
Notary Public
JOINDER
RBC BANK (USA), a North Carolina banking corporation, with a vested interest in the
Property as the holder of a mortgage that is secured by the Property, joins in the
execution of this Declaration for the purpose of ratifying and confirming this Declaration.
Signed, sealed and delivered
Printed Name: Cta:-c .c. :C -ic. vicc/)
STATE OF /fig
COUNTY OF (�,2''✓6-c
Notary Public State of Florida
Sharon Simpson
My Commission DD772894
e Expires 04/13/2012
RBC BANK (USA), a North Carolina
banking corporation
By:
Printed
Its:
4
This foregoing Joinder was acknowledged before me this
71 t
C day of
2009 by A/ //1/ c 4 r f y
as /ec-e. a2 ec=�v of RBC BANK (USA), a North Carolina
banking corporation, on behal BANK (USA), a North Carolina banking
corporation, who is ersonally known jo me or who has produced
as identification.
STATE OF FLORIDA
O ice of the City of Sebasti Attorney
JOINDER
The City of Sebastian, Florida, vested with certain enforcement authority associated with
this Declaration joins in the execution of this Declaration for the purpose of ratifying and
confirming this Declaration, and to effectuate the purposes contained in this Declaration
CITY OF SEBASTIAN, a Florida
municipal corporation
COUNTY OF INDIAN RIVER
Q uary, 2.D t 0
The fo going Joinder of this Declaration was acknowledged before me this 4-
day of September-24309 by R i Gil arot N G i I( trn o r as the
Mayor of the City of Sebastian, a Florida municipal corporation, on behalf of the City of
Sebastian, a Florida municipal corporation who is personally known to me r who has
produced as i end tiff anon.
5
tary Public
"T"'"'" JEANETTE WIWAMS
Commission DD 630052
E>wires February 28, 2011
wittz,:ent
6
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EXHIBIT A
LEGAL DESCRIPTION FOR PROPERTY FOLIO #S:
31392000000100000016.1 AND 31392000000100000019.1
From the Southeast Comer of the Southwest 1/4 of Northeast 1/4 of Section 20,
Township 31 South, Range 39 East, Run North 00 °29'41" East a Distance 17.45 Feet to
the intersection of the West Right -of -Way of the F.E.C.R.R.; Thence run North
25 °38'36" West along said West Right -of -Way a distance of 450 Feet to the point of
beginning; Thence continue North 25 °38'36" West along said West Right -of -Way a
distance of 592.36 Feet; Thence run South 64 °21'36" West a distance of 150.00 Feet;
Thence run North 25 °38'36" West a distance of 438.21 Feet; Thence run South
89 °49'27" West a distance of 116.07 Feet; Thence run South 25 °38'36" East a distance of
498.12 Feet; Thence run North 64 °21'24" East a distance of 65.21 Feet; Thence run
South 25 °38'36" East a distance of 509.97 Feet; Thence run South 00 °17'14" East a
distance of 362.06 Feet; Thence run South 58 °48'28" East a distance of 59.88 Feet;
Thence run North 89 °42'46" East a distance of 70.51 Feet; Thence run North 00°17'14"
West a distance of 354.32 Feet; Thence run on a Circular Curve with a radius of 295.00
Feet Concave to the West a distance of 16.31 Feet; Thence run North 64 °21'24" East a
distance of 89.84 Feet to the West Right -of -Way of the F.E.C.R.R. and P.O.B.
Less and Except the following described property:
Being all of Lot 19, Breezy Village Mobile Home Subdivision, Unit II, According to the
Unrecorded plat thereof being more particularly described as follows: Begin at the
platted Northeast Corner of Tract C, Breezy Village Mobile Home Subdivision, Unit -I as
shown on the plat thereof, Recorded in plat book 9, page 34 of the public records of
Indian River County, Florida; Thence South 64 °21'34" West along the platted Northerly
line of said Tract 6, 89.82 Feet to a point on a curve concave to the West having a radius
of 295.00 Feet, a radial line from said point bears South 86 °32'43" West; Thence
Northwesterly along the arc of said 295 Foot radius curve through a central angle of
14 °54'47" a distance of 76.79 Feet, thence North 64°05'13" East, 70.34 Feet to the West
Right -of -Way of the F.E.C.R.R. Right -of —Way; Thence South 25 °54'57" East along said
West Right -of -Way line 74.05 Feet to the P.O.B.; Subject to an easement for ingress and
egress over the Easterly 15 Thereof.
Said Parcel Containing 4.535 Acres More or Less.
6
LEGAL DESCRIPTION FOR PROPERTY FOLIO
31392000000100000020.0
Beginning at the Intersection of the North Line of the Southwest Quarter of the Northeast
Quarter of Section 20, Township 31 South, Range 39 East, with the Westerly Right -of-
Way limit of Florida East Coast Railway (Said Right -of -Way Limit being 50 Feet
Westerly from and parallel to the centerline of the original Main Track of said Florida
East Coast Railway); Thence Southeasterly, along said Westerly Right -of -Way Limit,
400 Feet; Thence Southwesterly, at right angles to said Westerly Right -of -Way limit, 150
Feet; Thence Northwesterly 150 Feet Westerly from and parallel to said Westerly Right
of -Way limit, to a point in said North line of Said Southwest Quarter of Northeast
Quarter of Section 20, Thence East along said North Line to the Point of Beginning.
Subject to Existing Public Highways.
bridgetonsebastiandeclaration2 .doc
EXHIBIT A
Said Parcel Containing 1.4 Acres More or Less.
7