HomeMy WebLinkAboutO-13-07 3120130054114
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 2696 PG: 2456 Page 1 of 5 8/20/2013 2:39 PM
ORDINANCE NO. 0-13-07
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND
CONSISTING OF 1.43 ACRES, MORE OR LESS, LOCATED AT
12900 U.S. 1 AND LYING ADJACENT TO AND NORTH OF THE
SEBASTIAN CEMETERY; PROVIDING FOR INTERIM LAND
USE AND ZONING CLASSIFICATION; PROVIDING FOR
CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Al Minner, City Manager of the City of Sebastian, has petitioned
the City for voluntary annexation of said land described herein, 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 1.43 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herewith are hereby repealed.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
Andrea Coy The motion was seconded by Councilmember
Don Wright 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
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Approved as to form and legality for
reliance by the City of Sebastian only:
Robert A. Ginsburg, City Attorney
Exhibit "A"
Page 1 of 2
Legal Description:
Begin at the Northeasterly Fleming Grant line in Section 30 of Fleming
Grant at a concrete monument marking the boundary between Lots 25 and 26
of Wauregan, for point of beginning; thence run Southwesterly along the
boundary between Lots 25 and 26 of Wauregan 322 .38 feet to the Easterly
right-of-way of U. S. Highway No. 1 (120 foot highway width) ; thence run
Northwesterly along the Easterly right of way of U.S. Highway No. 1 a
distance of 200 feet; thence run Northeasterly on a line parallel to the
side lot line between Lots 25 and 26 of Wauregan a distance of 298 . 9
feet, more or less, to the Fleming Grant Line; thence run Southeasterly
along the Northeasterly side of said Lot 25 to the Point of Beginning.
All in Wauregan, Fleming Grant, according to the map or plat thereof,
filed in the Office of the Clerk of the Circuit Court of Brevard County,
Florida, in Plat Book 1, page 75; and re-filed in the Office of the
Clerk of the Circuit Court of St . Lucie County, Florida, in Plat Book 1,
pages 178 and 179; said land now lying and being in Indian River County,
Florida, being in Section 30, Fleming Grant.
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