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HomeMy WebLinkAboutO-13-04 3120130054112 • RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 2696 PG: 2448 Page 1 of 5 8/20/2013 2:33 PM ORDINANCE NO. 0-13-04 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 2.45 ACRES, MORE OR LESS, LOCATED AT 11465 OLD DIXIE HIGHWAY, LYING WEST OF THE F.E.C. RAILROAD; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Thomas Saam, agent for Timothy Freeman, 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 2.45 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 All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 Jim Hill The motion was seconded by Councilmember Andrea Coy and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan aye Vice Mayor Don Wright aye Councilmember Jerome Adams aye Councilmember Andrea Coy aye Councilmember Jim Hill aye The Mayor thereupon declared this Ordinance duly passed and adopted this 14th day of August , 2013. CITY OF SEBASTIAN FLORIDA Mayor Bob McPartlan M1■5 ATTES • Sally A. Maio, MC '� City Clerk ake fflnFet'D@4CGoo Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney II Exhibit A Page 1 of 2 LEGAL DESCRIPTION: (PER FIDELITY NATIONAL TITLE COMMITMENT FILE NO.179-65414) THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7,TOWNSHIP 31 SOUTH, RANGE 39 EAST LYING WEST OF OLD DIXIE HIGHWAY. THE SOUTH LINE OF PROPERTY HEREBY CONVEYED IS A LINE EXACTLY MIDWAY BETWEEN THE NORTH LINE AND THE SOUTH LINE OF SAID NORTH 1/2 OF THE SOUTHEAST 1/4 OF , THE NORTHEAST 1/4. SAID LAND LYING, BEING AND SITUATE IN INDIAN RIVER COUNTY. , . LL a)! I R pR " " 0.,_ Exhibit A N R\ R R S\ pP Page 2 of 2 M H 0 N J m H 01-` \A\1\r‘ CI:9- • o SN oL0 G O 0 co ti V w J i- ,� Q Z \\` O o`'o Q °° N U U co, T W W CO IS o N e D U Q W r-7: W co Z ti CO g D ' o Q N - pp ? J Q n m Z cn m m m c w I= Z Z o Q m Q J w C O 1i N O CO Q W J g§ r Q m O N O N ✓ 1 O 3 Q W O ;.) E €_ o re c 0 a UO /- Z 0