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, r T <br />AA/c0/010941— <br />1.004-0° <br />TRUE COPY <br />;ERTIFICRTION ON LAST PAGE <br />J.R. SMITH, CLERK <br />INTERLOCAL AGREEEMENT BETWEEN INDIAN RIVER COUNTY FLORIDA <br />AND THE CITY OF FELLSMERE FLORIDA RELATING TO THE ANNEXATION <br />OF ENCLAVES <br />THIS INTERLOCAL AGREEMENT is made on this 2nd day of December, <br />2014 between the CITY OF F E L L S M E R E, a municipal corporation located in Indian <br />River County, Florida, hereinafter referred to as "City," and INDIAN RIVER COUNTY, a <br />political subdivision of the State of Florida, hereinafter referred to as "County", each entity <br />constituting a "public agency" as defined in Part I, Chapter 163, Florida Statutes (2014). <br />WHEREAS, Section 163.01, Florida Statutes (2014), known as the "Florida lnterlocal <br />Cooperation Act of 1969," authorizes local governments and public agencies to enter into <br />interlocal agreements with each other to jointly exercise any power, privilege, or authority <br />which such agencies share in common and which each might exercise separately; and <br />WHEREAS, Section 171.046, Florida Statutes (2014), provides for an vexation of <br />certain enclaves by interlocal agreement between the annexing municipality and the county <br />having jurisdiction of the enclave; and <br />WHEREAS, Section 171.046, Florida Statutes (2014), limits annexation by interlocal <br />agreement to enclaves of ten (10) acres or less in size; and <br />WHEREAS, Section 171.031(13), Florida Statutes (2014), defines enclaves as <br />unincorporated developed or improved property bounded on all sides b y a single <br />municipality, or bounded ;by- a single municipality and by a natural or manmade obstacle <br />that allows passage of vehicular traffic to that unincorporated area only through the <br />municipality; and <br />WHEREAS, the County and the City have determined that it is appropriate and will <br />promote efficient provision of governmental services for the City to annex certain enclaves; <br />and <br />WHEREAS, the parcels to be annexed via this lnterlocal Agreement meet the.- <br />requirements <br />hemerequirements set out in Sections 171.031(13) and 171.046, Florida Statutes (2014), as such <br />enclaves are developed or are improved, are ten (10) acres or less in size, and are completely <br />surrounded by the City or are bounded b y the City and a natur al or m anmade obstacle <br />that allows passage of vehicular traffic to the enclaves only through the City; and <br />WHEREAS, the County and the City agree that the parcels to be annexed via this <br />Agreement are subject to the Indian River County Comprehensive Plan, including the <br />Future Land Use Map, and the County Land Development Regulations until the City adopts a <br />Comprehensive Plan amendment to include the parcels to be annexed into the City, <br />NOW, THEREFORE, in consideration of the mutual representations, <br />terms, and covenants hereinafter set forth, the parties hereby agree as follows: <br />W:\City of Fellsmere\Annexation ofC, unty Pocket onN Willow 14-224\Fellsmere Enclave ILA.docx <br />Page 1 of 3 <br />3120140071446 <br />RECORDED IN THE PUBLIC RECORDS OF <br />JEFFREY P SMITH, CLERK OF COURT <br />INDIAN 'RIVER COUNTY FL <br />BK. 2807 PG 2015 Page 1 of 5 1218/2014 4 17 PM <br />