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HomeMy WebLinkAboutStipulated Final JudgmentCITY OF SEBASTIAN, a Florida municipal corporation, Plaintiff, vs. CITY OF FELLSMERE, a Florida municipal corporation, Defendant. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA STIPULATED FINAL JUDGMENT CASE NO. 2007- 0885CA19 COMES NOW the Plaintiff CITY OF SEBASTIAN (hereinafter called "Sebastian and Defendant CITY OF FELLSMERE, (hereinafter called "Fellsmere by and through their undersigned counsel, and hereby stipulate to entry of Final Judgment in this cause in accordance with the following terms and conditions: 1. The Parties have determined that, without admitting the validity of any of the allegations or defenses asserted in this cause, it is in the best interests of both parties to amicably resolve this lawsuit as set forth herein. 2. Fellsmere agrees to add an agricultural land use classification to its Comprehensive Plan and create an agricultural zoning classification comparable to the existing agricultural classification for unincorporated Indian River County. 3. Sebastian agrees to add an agricultural land use classification to its Comprehensive Plan and create an agricultural zoning classification comparable to the existing agricultural classification for unincorporated Indian River County. 4. Each party agrees to separately transmit to the Department of Community Affairs a Comprehensive Plan Amendment in furtherance of paragraphs 2 and 3 above within twelve (12) months from the date of entry of the Stipulated Final Judgment herein, and diligently pursue the Amendment and creation of an agricultural zoning classification through to adoption. Prior to transmittal of said Amendment, neither party shall transmit a Land Use Map Amendment assigning an initial land use classification for lands having an interim land use category pursuant to Fla. Stat 171.062(2). However, a Land Use Map Amendment for lands having an interim land use classification pursuant to Fla. Stat. 171.062(2) may be transmitted simultaneously with the Amendment required in paragraphs 2 and 3 above. 5. Subject to the terms of paragraph 7 below, Fellsmere agrees to limit the allowable gross density to two (2) units per acre calculated over the gross acreage as provided for in the Annexation Agreements for the following properties annexed into the City of Fellsmere: RO -ED, CORP. and RONALD M. ANSIN FELLSMERE EAST, LLC BERNARD A. EGAN GROVES, INC. FELLSMERE JOINT VENTURE, LLP 6. Subject to the terms of paragraph 7 below, Fellsmere agrees to limit the allowable gross density to three (3) units per acre calculated over the gross acreage as provided in the Annexation Agreement for the annexed Ro -Ed, Corp.'s 300 acres. 7. Notwithstanding, the density restrictions set forth in paragraphs 5 and 6 above, Fellsmere shall be entitled to participate in an Indian River County Transfer of Development Rights (TDR) program to increase the residential density of the properties that are the subject of this Stipulated Final Judgment. 8. In the event Ro -Ed Corp buys its way out of the requirement set forth in the Annexation Agreements to dedicate to Fellsmere by statutory Warranty Deed ten percent (10 of the gross acreage at either the 300 acre site or 2,592 acre site both East 1 -95, Fellsmere agrees to spend thirty -five percent (35 of the money received for recreational purposes East of 1 -95 to address the impacts of population growth in those parcels within a reasonable time. 9. The parties agree to advocate for and support the inclusion in the Interlocal Service Boundary Agreement being drafted in accordance with Chapter 171, Part II, Florida Statutes as initiated by Fellsmere Resolution No. 07 -H, of a height limitation within the Annexed Lands described in paragraphs 5 and 6 for residential structures of a maximum of 35 feet, plus 15 feet for architectural embellishments as well as a height limitation for non residential structures of a maximum of 65 feet, plus 15 feet for architectural embellishments, and inclusion of the density limitations set forth in said Paragraphs 5 and 6. 10. Each party shall be responsible for payment of its own court costs and attorneys fees. 11. Without limitation to any other right provided by law, Sebastian hereby retains its legal rights to raise challenges pursuant to Chapter 163, Florida Statutes such as administrative or consistency challenges as to future land use or zoning changes involving these annexed lands. AGREED to this 1 day of March, 2008. i 1 rren Dill, Es Attorney for Defendant 1565 US Highway 1 Sebastian, Florida 32958 Phone: (772) 589 -1212 FL B.r #146522 Jo R. Herin, Jr., Esqui Co Cou sel for Defendant 150 st Flagler Street, Suite 2200 Miami, Florida 33130 Phone: (305) 789 -3427 FL Bar #907928 Copies provided attorneys for the parties this Rich Stringer, City Attorn Attorney for Plaintiff 1225 Main Street Sebastian, Florida 32958 Phone: (772) 388 -8201 FL Bar #731277 FINAL JUDGMENT THIS CAUSE came before the Court upon the Stipulation of the parties set forth above, and upon due consideration thereof, it is hereby ADJUDGED 1. That the stipulated terms and conditions set forth above are hereby adopted as the Judgment of the Court. 2. That jurisdiction is retained for enforcement of the provis ORDERED in Vero Beach, Florida this day of March, 2008. Richard M. Carnell, Jr., Esquire Counsel for Intervenor Fort Pierce, Florida 34946 Phone: (772) 489 -7275 FL Bar #615773 Robert A. Hawley, Circuit Ju day of 2008. Judicial A sistant /Clerk r SIGNED AND DATED APR 1 1 2008 JUDGE ROBERTA. HAWLEY g