HomeMy WebLinkAboutO-23-01 Hess Parcel AnnexationORDINANCE NO.O-23-01
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE
VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 40.23 ACRES, MORE OR
LESS, LOCATED SOUTH OF SEBASTIAN RIVER LANDING, EAST OF VACANT
PROPERTY, WEST AND NORTH OF SINGLE FAMILY DEVELOPMENT;
PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND
BOUNDARIES THEREOF; PROVIDING FOR PROPOSED LAND USE AND ZONING
CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR
CONFLICT AND SEVERABMITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owners of real property in unincorporated Indian River County, contiguous to the
existing corporate limits and boundaries of the City of Sebastian, and being reasonably compact, petitions the
governing body of the City of Sebastian to be voluntarily annexed into the municipality; 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 corporate limits of the City of
Sebastian, Florida and the boundary lines of said City are hereby redefined to include said real property:
See attached Exhibit 'I'
and as shown on the map within said Exhibit 'I', containing 40.23 acres, more or less.
Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION. The proposed land use
and zoning classification amendments for this property shall be consistent with the provisions of state law and
local ordinance.
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. NOTICE. That notice of this ordinance has been posted in accordance with Section
171.044, Florida Statutes.
Section 5. SCRIVENER' S ERRORS. Sections of this ordinance may be renumbered or re -lettered
and corrections of typographical errors which do not affect the intent may be authorized by the City Manager,
or the City Manager' s designee, without need of public hearing, by filing a corrected or re -codified copy of
same with the City Clerk.
Section 6. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby
3120230018599
repealed. RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH. CLERK OF COURT
INDNN RIVER COUNTY FL
SK 3614 PG: 371 Page 1 of 7 411720231:58 PM
Section 7. 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 provisions.
Section 8. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its
adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember McPartlan . The
motion was seconded by Councilmember Dodd and, upon being put to a vote, the vote was as
follows:
Mayor Fred Jones
aye
Vice Mayor Christopher Nunn
aye
Councilmember Kelly Dixon
ahq.nt
Councilmember Ed Dodd
ave
Councilmember Bob McPartlan
ave
The Mayor thereupon declared this Ordinance duly passed and adopted this t 2th day of April
2023.
ATTEST: /-
.fM/.�y W
nehe WI``ffh��ama, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA .
Fred Jones, Mayor ,
i
Approved as to form and legality for
relialeMaii,
the City of Sebastian only:
Interim�C* Attorney
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1523056 RIMMED IN 'IRE RECORDS Oi' ,i8FF1RY R BAATON, C1ERN CIAO IXT COURT INDIAN
RIVER CO FL, RE: 1702 M: 2152, 03/10/2004 03:25 IN DOC NTANrR D $5880.00
G�tj "p : Stan. M.w EXHIBIT 1
Prepared by and Surma W: 1
CMP131= TZ S[R . INC. 1
MIT O.S. Maloney 1. son 7 1
Sebastian. Flride ]me 1
Incident to the ismanco of title tesurasc. 1
Tax IS / II-lS-26-00000-I000-00005.0 CIS-SM
THUS NAMANIN OFID a We the ate+ day of N.rd, 200e by
Iehe N. Ness", Ir.. /M10d.ally. coed es Trostw under no Ines N. mastey,
1r.. Moveable T , Usual Octvba, U, Me
hercinsfter a11ad the grantor, to
Oouble F a 0 Inc., a Florida corporation
mass, address isi LMS N. Indian River Drive, Sebastian, Florida MIS
baelnafar call.d the grantees
WrrM Mi That the grantor, fr and in ceetidratim of the .w of $10.0O W
other valmble considerations, receipt 00~ 1. bw . y nchmrledSed, be AV
grants. b."Ass, sells. alive, fearless. tees leeam , cegs and confirm ping the
paatea All that Certain land simnts in L,dlm Mvar Chesty, State of Florida.
via -
TM Southeast 2/4 of the herehasst 1/4 of Sctim as. Toonahip 51 3.0. Rance m
Oat, m14 land lydm and hot" in Imd1m leer County, RerIdo.
c� maxmi0 N an cocoon far Ingress and epees es net forth In official aaoatl
nook M2, no. On. Phalle - , of Ldism RIwr (unity, Florida.
SMjeet proporty is woman sad minors land and does not adjoin the homestead
p,cperty of the panar bevels.
70MMm with all the N,mante, hanNGnesa and rpwrtananaf thereto
helce,iag or In wrAd" appataiwigg.
m HAVE AND N NOW. the sm in fee simple forner.
ANl the grantor hmdW assassinate with mid pme,tm that the p natr so lawfully
mimed of sold land in fan simple; that the gmmM bas Wad riot need imfui
authority to mil and sessions said lad. W h.rehy tauYtlte the NLTe m mid land
W will donned the esm against the loa/ul Claim of all parsons Mowed and
that mid land Is from of all muironces, leapt than, a cr Ving sMMSuest to
OeC.Msr 31. MCI.
IN 1DTMSSS NBFp, the said grsatar has -'seed aed -salad these praspmt, the
day RM yaer first above aritton.
d. mled anfolwpad I onspica of'. I e /
• fltnsas r e N. Rosser. Ir..
�1 DMEEFF.ORMEN r pD an,5gd. Naw.w. Incida 329M
r i.t d 51 W t i q " it„rs=
„sse Grantor's Addnse:
Mated 51WatoH Of �- Wt me
State Of Florida m ty of Indian River
Tlr nreWlnp Lstnpast eat eelo,onled_,i bon e as has this d.te, by hie N.
nehy. 7r., hen 1s Paaonal ly team to r, or who me pmpADedm
a 1Nntifimt/m
wr?PS M Used and effit�.l reel in the State ad County .foramid VASV day of Nafth, 2004. _
Notory's Mntd n.., Vy�lsciPobiic
m Dydrmi c
Damp Sml)
asommosem,,
4A#-- day of�i" 1991, by and between JACK DAVIS,
Of 8690 86th Ave, , Vero Beach, Florida 3296f_, hereinafter
m
Called "Davis"t J. N. ROSSELL, of 8920 _86th Avenue,. Vero seacp
Florida 32966 _ hereinafter called "Russall"t dad
JOHN N. HUSBY and MARY HUSBY, his wife, of a,...c.i—
wabasso, Florida 32970 _, hereinafter called "Nasaey"-
NR6REA8, the above parties are the owns" of land located in
ko
Section 26, Township 31 South, Range 38 East, Indian River
0
County, Florida; and
v
NNBRBAS, all the parties are desirous of establishing a
9
private easement for ingress and egress over their respective
N
UP
properties troll State Road 510 to the South right of way of the
Sebastian River Drainage Canal;
NOW, THEREFORE, in consideration of $10.00 and other valu-
able considerations, the receipt and sufficiency of which is
hereby acknowledged, and in consideration of the mutual covenants
and easements herein contained, it is agreed between the parties
as follows;
I. That all parties herein grant to the other parties
herein an easement over their properties for ingress and egress
to and free their respective properties to State Road 510.
2. The description of the easement is as follows -
An easement 60 fast in width lying 30 feet either
side
Of the Bast line of the Southwest one -quarter of
Section 26, Township 31, Range 38.
AND
An easement 60 feet in width lying 30 feat either
side
of the East line of the Southeast one -quarter
of
Northwest one -quarter of Section 26, Towaghip.31, Range
38 and the North 30 feet of the Nest 60 feet of
the
Southwest one -quarter of Northeast one -quarter
of
Station 26, Township 32, Range 38.
3. The easement shall be privets and shall run with
the
1mW of all the owners herein, and any conveyance of property
9
�
shall include the easement for the benefit of the owner, and
said
O
conveyance will be subject to the easement for the benetit of
all
b
a
and from the respective properties. The parties may agree among
themselves -to impose such restrictions for their joint benefit to
maintain the rood as a private road for the use of the omnrs of
property heroin only and to provide security for all the under-
signed ovners.
5. This agreement shall be binding upon the parties
hereto, their respective heirs, parsonal representatives, and
assigns.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and meals, the day and year first above written.
Signed, sealed and deliver -
ad in the presence of:
Na a ae eon 3ao'E Davis
v
As to Jack Dam,;
N s Robes ,J ckson N. Russell
Bertha a 6h_•_,
As to J. X. Russell
Signed, sealed and delivered
p,khe presence f• �' 1
Pam_ John W. Ma se
".' a_ •r_i._ .mac+.. John R. Nemeey /
•. As . and Mrs. Masser
G
C
I HERESY CERTIFY that on this day before me, an officer duly
qualified to take acknowledgments, personally appeared JACK DAVIS
to me known to be the person described in and who executed the
foregoing instrument and acknowledged before me that he executed
the $ass.
wITHESE my hand and of f icial omaa�Y tp me Coon'
and State
last afoiosaid, this �,� y :.,.tL—L — . 1901.
(NOTARY SEAL) Acme Y( 4r __A._..__—.
Notary public, State of llor da at
Large. NY commission ampiresr
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day before me, an officer duly
n mlified to take acknowledgments, personally appeared J. N.
1. IS -ELL, to se known to be the person described in and who
executed the foregoing instrument and acknowledged before me that
he executed the same.
WITNESS my hand and official seal in, the county and State
last aforesaid, this _ . day of _ [ �,c.-�• _, 1991.
(NOTARY SEAL) Nara
Notary PL611a, State oP Florida at
Largo. Hy. eommis�irese
p�urcwmc96E0�
ar tutm�ssnx ni�eai�e�m ut
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day before me, an officer duly
qualified to take acknowledgments, personally appeared J. W.
NUBBLY aM MARY HASSEY, his wife, to me known to be the parsons
described in and who executed the foregoing instrument and
acknowledged before me that they executed the same.
WITNESS my hand and gricial seal in the County and State
last aforesaid, this �,�_ day of Milo _: 1991.
'?r QaTARY SEAL)
This Instrument Prepared By:
CLIA e. Ltuao
ry Fublie, stare oP (imp at
Large. !p eaomiasiao oxpirmms
smear
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