The URL can be used to link to this page

Home My WebLink About2014-190, r T AA/c0/010941— 1.004-0° TRUE COPY ;ERTIFICRTION ON LAST PAGE J.R. SMITH, CLERK INTERLOCAL AGREEEMENT BETWEEN INDIAN RIVER COUNTY FLORIDA AND THE CITY OF FELLSMERE FLORIDA RELATING TO THE ANNEXATION OF ENCLAVES THIS INTERLOCAL AGREEMENT is made on this 2nd day of December, 2014 between the CITY OF F E L L S M E R E, a municipal corporation located in Indian River County, Florida, hereinafter referred to as "City," and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", each entity constituting a "public agency" as defined in Part I, Chapter 163, Florida Statutes (2014). WHEREAS, Section 163.01, Florida Statutes (2014), known as the "Florida lnterlocal Cooperation Act of 1969," authorizes local governments and public agencies to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, Section 171.046, Florida Statutes (2014), provides for an vexation of certain enclaves by interlocal agreement between the annexing municipality and the county having jurisdiction of the enclave; and WHEREAS, Section 171.046, Florida Statutes (2014), limits annexation by interlocal agreement to enclaves of ten (10) acres or less in size; and WHEREAS, Section 171.031(13), Florida Statutes (2014), defines enclaves as unincorporated developed or improved property bounded on all sides b y a single municipality, or bounded ;by- a single municipality and by a natural or manmade obstacle that allows passage of vehicular traffic to that unincorporated area only through the municipality; and WHEREAS, the County and the City have determined that it is appropriate and will promote efficient provision of governmental services for the City to annex certain enclaves; and WHEREAS, the parcels to be annexed via this lnterlocal Agreement meet the.- requirements hemerequirements set out in Sections 171.031(13) and 171.046, Florida Statutes (2014), as such enclaves are developed or are improved, are ten (10) acres or less in size, and are completely surrounded by the City or are bounded b y the City and a natur al or m anmade obstacle that allows passage of vehicular traffic to the enclaves only through the City; and WHEREAS, the County and the City agree that the parcels to be annexed via this Agreement are subject to the Indian River County Comprehensive Plan, including the Future Land Use Map, and the County Land Development Regulations until the City adopts a Comprehensive Plan amendment to include the parcels to be annexed into the City, NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: W:\City of Fellsmere\Annexation ofC, unty Pocket onN Willow 14-224\Fellsmere Enclave ILA.docx Page 1 of 3 3120140071446 RECORDED IN THE PUBLIC RECORDS OF JEFFREY P SMITH, CLERK OF COURT INDIAN 'RIVER COUNTY FL BK. 2807 PG 2015 Page 1 of 5 1218/2014 4 17 PM A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Section 1. Purpose The purpose of the Agreement is to annex the unincorporated enclaves, identified in Exhibit "A", attached hereto and made a part hereof, into the City's municipal boundaries. Section 2. Definitions The following definitions apply to this Agreement: 1. The term "enclave" shall be defined as set forth in Section 171.031 (13) (a) and (b), Florida Statutes (2014). 2. "Agreement" means this lnterlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. Section 3. Annexation The enclaves identified in Exhibit "A", which is attached hereto and made a part hereof, are hereby annexed into and are included in the corporate boundaries of the City. Section 4. Future Land Use The parcels to be annexed via this Agreement are subject to the Indian River County Comprehensive Plan, including the Future Land Use Map, and the County Land Development Regulations until the City adopts a Comprehensive Plan amendment to include the parcels to be annexed into the City. Section 5. Effective Date This Agreement shall take effect upon execution by both parties. Section 6. Filing Upon execution by both parties, a certified copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Indian River County. Section 7. Notification The City h ereby acknowledges that it has provided written notice to all owners of real property located in the enclaves identified in Exhibit "A" whose names and addresses are known by reference to the latest published ad valorem tax records of the Indian River County Property Appraiser. The written notice described the purpose of the Agreement and stated the date, time, and place of the meeting in the City where this Agreement is to be considered for adoption. The written notice also indicated the name and telephone number of the Indian River County staff person to contact regarding the date, time, and place when the Indian River County Board of County Commissioners is to consider the adoption of this Agreement. Section 8. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. W:\City of Fellsmere\Annexation ofCounty Pocket onN Willow 14-224\Fellsmere Enclave ILA.docx Page 2 of 3 Section 9. Severability TRUE COPY '3ERTIFICATION ON LAST PAGE J.R. SMITH, CLERK In the event a court of competent jurisdiction hereof holds a ny section, paragraph, sentence, clause, or provision to be invalid, such holding shall not affect the remaining portions of this Agreement, and the same shall remain in full force and effect. Section 10. Entire Agreement & Counterparts This Agreement represents the entire understanding between the parties, concerning the subject, and supersedes all other negotiations, representations, or agreements, written or oral, relating to this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. ATTEST: T,ar1 T pier Pnt City Cl Approved as to form and legal sufficiency: By: b(47.4ee, Warren W. Dil City Attorney ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: CITY OF FE P. Adams, Mayor Date of City approval: 1/ /70 0,3 r• INDIAN RIVER COUNTY, FLORIDA Wesley S. 15avis , Chairman Board of County Commissioners Date of BCC approval: 1 2/ 2/ 1 4 Approved as to form and legal sufficiency: By• Dylan Reingold County Attorney W:\City of Fellsmere\Annexation ofCounty Pocket onN Willow 14-224\Fellsmere Enclave ILA.docx Page 3 of 3 Cx. DESCRIPTION: "PLAT OF LINCOLN PARK, BEING A SUBDIVISION OF NORTH 370 FEET OF TRACT 1339, TOWNSHIP 31 SOUTH, RANGE 37 EAST, INDIAN RIVER COUNTY, FLORIDA, AS SHOWN UPON THE PLAT OF FELLSMERE FARMS COMPANY'S SUBDIVISION OF ALL UN -SURVEYED PART OF TOWNSHIP 31 SOUTH OF RANGE 37 EAST, IN ST. LUCIE COUNTY, STATE OF FLORIDA, DATED MARCH 1, 1911, AND RECORDED AMONG THE PUBLIC RECORDS OF SAID COUNTY ON THE 7TH DAY OF JULY, A.D., 1911, IN PLAT BOOK 2 ON PAGES 1 AND 2." SAID PLAT OF LINCOLN PARK RECORDED IN PLAT BOOK 1, PAGE 60 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE PLAT OF LINCOLN PARK AS RECORDED IN PLAT BOOK 1, PAGE 60 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, RUN NORTH 00'00'00" EAST ALONG THE NORTH LINE OF SAID PLAT A DISTANCE OF 650.50 FEET TO THE NORTHEAST CORNER OF SAID PLAT, THENCE RUN SOUTH 00"00'00" EAST ALONG THE EAST UNE OF SAID PLAT A DISTANCE OF 370.00 FEET TO THE SOUTHEAST CORNER OF SAID PLAT, THENCE RUN NORTH 90'00'00" WEST ALONG THE SOUTH LINE OF SAID PLAT, SAID SOUTH LINE ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF FIRST STREET (A 30 FOOT RIGHT OF WAY AS DEPICTED ON SAID PLAT) A DISTANCE OF 650.50 FEET TO THE SOUTHWEST CORNER OF SAID PLAT; THENCE RUN NORTH 00°00'00" EAST ALONG THE WEST LINE OF SAID PLAT A DISTANCE OF 370.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND CONTAINING 240,685 SQUARE FEET OR 5 525 ACRES, MORE OR LESS. SURVEYOR'S NOTES: 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID 2. NO SEARCH WAS MADE OF THE PUBLIC RECORDS BY THIS FIRM OR SURVEYOR FOR RIGHTS-OF-WAY, RESERVATIONS, EASEMENTS AND RESTRICTIONS OF RECORDS 3. ANY EXISTING IMPROVEMENTS, FOUNDATIONS AND UNDERGROUND UTILITIES WERE NOT OBSERVED OR RECORDED FOR THIS SKETCH AND DESCRIPTION. 3 BEARINGS SHOWN HEREON ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT OF 2007, AND ARE PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE (901) AND ARE REFERENCED TO THE ESTABLISHED AND MONUMENTED LINE SHOWN HEREON LABELED AS THE "BEARING BASIS". 4 THIS MAP IS A SKETCH AND DESCRIPTION ONLY A BOUNDARY SURVEY WAS NOT PERFORMED TO DELINEATE THE BOUNDARY LIMITS OF THE DESCRIBED DRAINAGE EASEMENT. 5. THE DESCRIPTION SHOWN HEREON WAS DEVELOPED BY THE PROFESSIONAL SURVEYOR AND MAPPER WITH THE AID OF THE PROPOSED ENGINEERS SITE PLAN. 6. THIS SKETCH AND DESCRIPTION IS COMPRISED OF 2 PAGES. ONE IS NOT VALID WITHOUT THE OTHER. LEGEND (P) PLAT DATA O.R.B. OFFICIAL RECORD BOOK S/D SUBDIVISION R.O W RIGHT OF WAY I.R.C. INDIAN RIVER COUNTY ID IDENTIFICATION FL. FLORIDA PG. PAGE 30 TRACT 1339 F.F.C.S.D. LOT NUMBER DESIGNATION TRACT 1339 OF THE "PLAT OF FELLSMERE FARMS COMPANY'S SUBDIVISION OF ALL UNSURVEYED PART OF TOWNSHIP 31 SOUTH, RANGE 37 EAST IN ST. LUCIE COUNTY, STATE OF FLORIDA", ACCORDING TO THE CLERK OF THE COURT OF ST LUCIE COUNTY, FLORIDA. IN PLAT BOOK 2, AT PAGES 1 AND 2, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA CERTIFIED TO' CITY OF FELLSMERE DAVID E. LUETHJE, FL. PSM 5728 C.A.I. LB. 205 SIGNATURE DATE. i (TA' CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21st STREET, VERO BEACH, FL 32960 TEL. (772) 562-4191 FAX. (772) 562-7180 DATE 10.00.2014 PROJ. # 0626 DRAWN BY• DJM APPO. BY DEL PLOT BY Donne tle Miele REF N F.B. 8 PO. SKETCH AND DESCRIPTION LINCOLN PARK SUBDIVISION PLAT BOOK 1, PAGE 60, I.R. COUNTY, FLORIDA INDIAN RIVER COUNTY, FLORIDA SHEET 1 of 2 ` Dwg. N. 19770 A D N O N 2 m m • TRACT 1255 F.F.C.S.D. PARCEL ID 31370000001125500002.0 DUSTIN FARTHING RACING, INC. POINT OF BEGINNING NORTHWEST CORNER LINCOLN PARK S/D 30' (P) TRACT 1338 F.F.C.S.D. PARCEL ID 31370000001133800001.0 BANACK FAMILY UMITED, PARTNERSHIP 1 60' (P) TRACT 1254 F.F.C.S.D. PARCEL ID 31370000001123900001.0 FELLSMERE JOINT VENTURE FELLSMERE FARM ROAD / FMT DRIVE ROAD AND DITCH RIGHT OF WAY NO. 12 (P) N 90'00'00" E 650.50' (P) NORTH LINE LINCOLN PARK S/D TRACT 1253 F.F.C.S.D. PARCEL ID 31370000001123900001.0 FELLSMERE JOINT VENTURE NORTHEAST CORNER LINCOLN PARK S/D i 0 0 in 1 Z 0 00 Xo 20 rm 0W 0 O 0 -I0 40'(P)! 40'(P) 90'(P) 0 33 34 co 0 32 0 40'(P)\ m 90'(P) 1 \ 1 SOUTHWEST CORNER 1 LINCOLN PARK S/D 31 40'(P) 35 40'(P) 40'(P) 1361 1 37 L _ 30 29 40'(P) 40'(P) 38 � 39 50.5'(P) 1401 40'(P) 41 40'(P) 42 40'(P) 43 40'(P) 44 40'(P) 45 40'(P) 40'(P) 1i140'(P) 9.' P) NtTg BROAD STREET (P) 100TH LANE 27. 26 LLL 171 r ALLEY F-71 40'(P) 50.5'(P) 40'(P) 40'(P) 1 9 23 1101 1221 FIRST STREET (P) 100TH PLACE 11 40'(P) 21 1121 1201 17 1131 14 15 40'(P) 40'(P) 40'(PJ 40'(P) 16 40'(P) 90'(P) TRACT 1339 F.F.C.S.D. PARCEL ID 31370000001133900002.0 ECONOMIC OPPORTUNITIES COUNCIL OF IRC INC. N 90'00'00" W 650.50' (P) SOUTH LINE LINCOLN PARK S/D SOUTHERLY RIGHT OF WAY FIRST STREET (P) TRACT 1339 F.F.C.S.D. PARCEL ID 31370000001133900003.0 CITY OF FELLSMERE r 0 O 0 O O O m W O O 0 • TRACT 1340 F.F.C.S.D. PARCEL ID 31370000001134000001.0 FELLSMER COMMUNITY . ENRICWENTGI ,M INS �2 > Ai 'om oAs 0345 m T M3) S aa�2> f. y,0 > SOUTHEAST CORNER LINCOLN PARK S/D NORTH