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ANNEXATION AGREEMENT <br />FOR <br />GRAVES BROTHERS COMPANY <br />THIS AGREEMENT is made and entered into this day of , 2022, by <br />Graves Brothers Company, a Florida Corporation, whose address is 2770 Indian River Blvd., Suite 201, Vero <br />Beach, FL 32960-4230; and the City of Sebastian, a Florida Municipal Corporation (hereinafter: the "City"), <br />whose address is 1225 Main Street, Sebastian, Florida 32958. <br />RECITALS: <br />WHEREAS, the City of Sebastian, a Florida Municipal Corporation, is specifically authorized pursuant <br />to Section 171.044, Florida Statutes (2022), to annex land upon the petition of the property owner; and <br />WHEREAS, Graves Brothers Company, a Florida Corporation, has petitioned the City for -voluntary <br />annexation of the Real Property; and <br />WHEREAS, Graves Brothers Company, a Florida Corporation, hereby affirms that the Real Property <br />meets all requirements for annexation pursuant to the aforesaid Section 171.044, Florida Statutes (2022) and <br />as otherwise set forth in Florida law and the City's Codes and Ordinances, for the voluntary annexation of real <br />property; and <br />WHEREAS, Graves Brothers Company, a Florida Corporation, and the City desire to set forth certain <br />understandings with regard to the proposed use of the Real Property upon annexation, and based thereon, the <br />parties hereto desire to enter into this Annexation Agreement; and <br />WHEREAS, the City further enters into this Agreement pursuant to its Charter and home rule powers <br />pursuant to Article VIII, Section 2, Florida Constitution of 1968 and Section 166.021, Florida Statutes; and <br />WHEREAS, Graves Brothers Company, a Florida Corporation, legally incorporated by the Secretary of <br />State, State of Florida, which corporate charter and standing with the State of Florida is current, active, and in <br />good standing, as a Florida for-profit corporation; and <br />WHEREAS, Graves Brothers Company, a Florida Corporation, is authorized by Chapter 607, Florida <br />Statutes, and its charter, articles of incorporation, and by-laws to execute this Agreement; and <br />WHEREAS, Graves Brothers Company, a Florida Corporation, by execution of this Agreement hereby <br />affirms, warrants to, and affirms the City that it has taken all requisite corporate action to approve the <br />execution of this Agreement; and <br />WHEREAS, at the time of execution of this un -amended, base document Agreement, Graves Brothers <br />Company, a Florida Corporation, was and is the legal Owner of certain Real Property (the "Real Property") <br />located in Indian River County, Florida, which Real Property is the subject matter of this Agreement; and <br />WHEREAS, Graves Brothers Company, a Florida Corporation, hereby affirms, warrants to, and <br />assures the City that it has legal marketable title in fee simple to the Real Property has lawful authority to <br />petition for the voluntary annexation of the property set forth herein and desires to annex the Real Property <br />into the municipal boundaries of the City; and <br />WHEREAS, said Real Property constitutes 2,044.3 +/- annexed acres of property within the Southwest <br />area of the City of Sebastian which is reasonably compact and contiguous to the municipal boundary of the <br />City, and will not result in the creation of enclaves; and <br />Sebastian/Annexation 15.Agt Final Draft Clean 01/19/2023 <br />2 <br />8 of 71 <br />285 <br />