HomeMy WebLinkAboutFEL2017-019WWD 4-4-17
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ORDINANCE
No. 2017-19
AN ORDINANCE OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA,
PROVIDING FOR VOLUNTARY ANNEXATION OF TWO PARCELS OF LAND
CONSISTING OF 9.92 ACRES MORE OR LESS, LOCATED AT 13875 AND 13945 89T"
STREET RESPECTIVELY, SOUTH OF DITCH 18 AND THE GAROFALO TRACT INTO
THE CITY OF FELLSMERE; PROVIDING FOR RATIFICATION; PROVIDING FOR
LEGAL DESCRIPTION OF THE PROPERTY ANNEXED; PROVIDING FOR REDEFINING
THE BOUNDARY OF THE CITY LIMITS; PROVIDING FOR INTERIM LAND USE AND
ZONING CLASSIFICATION; PROVIDING FOR FILING WITH THE CLERK OF THE
CIRCUIT COURT, DEPARTMENT OF STATE AND THE CHIEF ADMINISTRATIVE
OFFICER OF INDIAN RIVER COUNTY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Gerald W. Renick, as Trustee of the Gerald W. Renick Revocable Trust U/T/A dated
October 21, 2015 (the "Owner"), the Owner of the land described herein, has petitioned the City for voluntary
annexation of said land and due public notice of this action has been given; and
WHEREAS, the City Council has determined that the land described herein is substantially
contiguous to the present boundary of the City, will not result in the creation of any enclaves and constitutes a
reasonably compact addition to the incorporated territory of the City; and
WHEREAS, the City Council of the City of Fellsmere, Florida, finds and determines that the
annexation of said land is in the best interest of the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. RATIFICATION. The above recitals are hereby ratified, confirmed, adopted and
incorporated herein as legislative findings of the City Council.
SECTION 2. PROPERTY ANNEXED. The following described land being situated in the
unincorporated area of Indian River County, State of Florida, is hereby annexed into the City of Fellsmere,
Florida:
The East '/z of Tract 1930, of unsurveyed Township 31 South, Range 37 East,
as shown on the Plat of FELLSMERE FARMS COMPANY, according to the map
or plat thereof, as recorded in Plat Book 2, Pages 1 and 2, of the Public Records
of St. Lucie County, Florida; said land now lying and being in Indian River
County, Florida; comprising 5.0 acres more or less.
Parcel ID No.: 31-37-00-00001-1930-00001.0
The West ''/z of Tract 1931, of unsurveyed Township 31 South, Range 37 East,
as shown on the Plat of FELLSMERE FARMS COMPANY, according to the map
or plat thereof, as recorded in Plat Book 2, Pages 1 and 2, of the Public Records
of St. Lucie County, Florida; said land now lying and being in Indian River
County, Florida; comprising 4.92 acres more or less.
Parcel ID No.: 31-37-00-00001-1931-00001.0
The annexed land is also shown on the map attached hereto, as Exhibit "A", and by this reference
made a part hereof.
3120170050146
(00058249. DOC.! } Page I of 3 — RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3051 PG: 1622 Page 1 of 10 825/2017 2:38 PM
WWD 4-4-17
4-28-17
SECTION 3. BOUNDARY OF CITY LIMITS REDEFINED. On the effective date of this
Ordinance, the corporate limits and boundary lines of the City of Fellsmere, Indian River County, Florida, shall
be redefined to include therein the above described land.
SECTION 4. INTERIM LAND USE AND ZONING CLASSIFICATION. The interim land
use and zoning classifications for this property shall be consistent with the provisions of State law.
SECTION 5. FILING. Following adoption of this Ordinance, the City Clerk is hereby directed to
file a copy with the Clerk of Circuit Court, Indian River County, Florida, the Chief Administrative Officer of
Indian River County, Florida and with the Department of State within seven (7) days after adoption. Following
adoption of this Ordinance, the City Clerk is hereby directed to file a revision of Article I Boundaries of the
City Charter with the Department of State within thirty (30) days after adoption. The City Clerk is also hereby
directed to submit within said thirty (30) days a copy of such revision to the Office of Economic and
Demographic Research along with a statement specifying the population census effect and the affected land
area.
SECTION 6. SEVERABILITY. If any section, part of a sentence, phrase or word of this
Ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the
remaining portions hereof and it shall be construed to have been the legislative intent to pass this Ordinance
without such unconstitutional, invalid or inoperative part.
SECTION 7. CONFLICTS. All ordinances or parts of ordinances in conflict herewith are
repealed to the extent of conflict.
SECTION 8. EFFECTIVE DATE. Following its adoption and recordation, including the
Annexation Agreement attached hereto as Exhibit "B", signed by the Owner/Developer and any Mortgagee(s),
this Ordinance shall become effective.
The foregoing Ordinance was moved forad tion by Council Member 1' r
The motion was seconded by Council Membetk�and, upon bein put to a vote, the
vote was as follows:
Mayor, Joel Tyson UL - Z'.'
Council Member Fernando Herrera l�
Council Member Gerald J. Piper 4
Council Member Sara J. Savage ifIZAAk
Council Member Jessica Salgado
r
The Mayor thereupon declared this Ordinance fully passed and adopted this % `% day of
2017.
CITY OF FELLSMERE, FLORIDA
�Jo I son, or
ATTES
Debora C. Krages, CMC, City Clerk
(00058249.DOC. I I - Page 2 of 3
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I HEREBY CERTIFY that Notice of the public hearings on this Ordinance was published in the Press
Journal, as required by State Statute, that the foregoing Ordinance was duly passed and adopted on1he
day of L 2017, and the first reading was held on the . day of
2017, and that the public hearing and final reading was held on the jj�'— day of
12017.
1 �
r
r
Deborah C. Krages, CMC, City Clerk `----;
0-2017-19 Rennick 9 92 Acres—annex-20170413 DOC
{00056725. DOC. J ) — Page 3 of 3 ---
EXHIBIT "A"
Ordinance 2017-19
West %2 of Tract 1931:
BEGINNING AT THE NORTHWEST CORNER OF TRACT 1931 OF UNSURVEYED TOWNSHIP 31 SOUTH,
RANGE 37 EAST, AS SHOWN ON THE PLAT OF FELLSMERE FARMS COMPANY, RECORDED IN PLAT BOOK 2, PAGES
1 AND 2, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN
INDIAN RIVER COUNTY; RUN ALONG THE SOUTH RIGHT-OF-WAY LINE OF 89TH STREET, SOUTH 85049'33" EAST,
A DISTANCE OF 327.23 FEET; THENCE ALONG A LINE PARALLEL TO THE SOUTH LINE OF SAID TRACT AND THE
SAID SOUTH RIGHT-OF-WAY, SOUTH 89019'48" EAST, A DISTANCE OF 13.64 FEET; THENCE ALONG A LINE
PARALLEL TO THE WEST LINE OF TRACT 1931 TO THE SOUTH LINE OF SAID TRACT, SOUTH 00038'12" WEST, A
DISTANCE OF 620.00 FEET; THENCE ALONG THE SOUTH LINE OF SAID TRACT, NORTH 89019'48" WEST, A
DISTANCE OF 340.25 FEET; THENCE ALONG THE WEST LINE OF SAID TRACT, NORTH 00038'12" EAST, A DISTANCE
OF 640.00'. TO THE PLACE AND POINT OF BEGINNING.
East %2 of Tract 1931:
COMMENCING AT THE NORTHWEST CORNER OF TRACT 1931 OF UNSURVEYED TOWNSHIP 31 SOUTH,
RANGE 37 EAST, AS SHOWN ON THE PLAT OF FELLSMERE FARMS COMPANY, RECORDED IN PLAT BOOK 2, PAGES
1 AND 2, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN
INDIAN RIVER COUNTY; RUN ALONG THE SOUTH RIGHT-OF-WAY LINE OF 89TH STREET, SOUTH 85[749'33" EAST,
A DISTANCE OF 327.23 FEET; THENCE ALONG A LINE PARALLEL TO THE SOUTH LINE OF SAID TRACT AND THE
SAID SOUTH RIGHT-OF-WAY, SOUTH 89019'48" EAST, A DISTANCE OF 13.64 FEET, TO THE POINT OF BEGINNING;
THENCE CONTINUE, SOUTH 89019'48" EAST, A DISTANCE OF 340.25 FEET; THENCE ALONG A LINE PARALLEL TO
THE WEST LINE OF SAID TRACT, SOUTH 00038'12" WEST, TO THE SOUTH LINE OF SAID TRACT, A DISTANCE OF
620.00 FEET; THENCE ALONG THE SOUTH LINE OF SAID TRACT, NORTH 89019'48" WEST, A DISTANCE OF 340.25
FEET; THENCE ALONG A LINE PARALLEL TO SAID WEST LINE OF TRACT, NORTH 00038'12" EAST, A DISTANCE OF
640.00' TO THE PLACE AND POINT OF BEGINNING.
92nd Street
VA
V
City Limits
Exhibit "A"
UV
4-28-17
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT, entered into this �'%� day of
2017, between the CITY OF FELLSMERE, FLORIDA, a political subdivision of the State of
Florida (hereinafter referred to as "City") and GERALD W. RENICK, Trustee of the Gerald W.
Renick Revocable Trust U/T/A dated October 21, 2015 (hereinafter referred to as
"Owner/Developer")
RECITALS
WHEREAS, Owner/Developer owns property (hereinafter referred to as the "Property")
in Indian River County, Florida, as more particularly described in Exhibit "1" attached hereto
and incorporated herein by this reference; and
WHEREAS, at this time the Owner/Developer has no specific plans to develop the
Property and has requested that the Indian River County Comprehensive Plan designation and
zoning district classification remain in place on the Property; and
WHEREAS, as a part of its plan for annexation, future comprehensive plan amendment
and rezoning of the Property, the Owner/Developer and City wish to plan for compatibility with
the surrounding area and assure the installation of proper public and private facilities and
services; and
WHEREAS, the City is authorized to regulate development of the Property.
NOW, THEREFORE, for and in consideration of the premise, the annexation of the
Property and other good and valuable consideration the receipt and sufficiency of which is
hereby acknowledge, the parties agree as follows:
1. The City shall not be required or obligated in any way to pay for, construct or maintain or
participate in the construction or maintenance of the improvements required by this
Agreement, except for maintenance of improvements dedicated to and accepted by the City.
The Owner/Developer, its grantees, successors or assigns in interest or an association and/or
assigns satisfactory to the City shall be responsible for the perpetual maintenance of all
{00058250.DOC.1 } ExHiBIT `B"
To ORDINANCE No. 2017-19
Page 1 of 5
4-28-17
improvements not dedicated to and accepted by the City.
2. In connection with its development of the Property, Owner/Developer shall be required to
install or have installed by private providers, where applicable, all private utilities (electric,
cable, gas), surface water or stormwater management systems, water and wastewater
facilities, that relate to the overall development to meet City specifications and
detennination, concurrency management requirements of the City, County or other
regulatory agencies, and the City's Land Development Codes. All utilities shall be
underground.
3. The Owner/Developer acknowledges responsibility to obtain all required Federal, State,
County and Local permits as may be applicable to the development of the Property. The
Owner/Developer shall comply with all regulations and ordinances of the City for the
development of the Property.
4. In connection with the development of the Property, the Owner/Developer shall construct
both on-site and off-site wastewater collection and force main system facilities per City
specifications and determination. Upon request by the City, the Owner/Developer shall
dedicate the utility improvements to the City. Any line sizing beyond the level required to
support development of the Property shall be constructed by the Owner/Developer with
provisions made to allow the Owner/Developer to recover any costs resulting from the
upsizing from future developers. The Owner/Developer shall provide permanent standby
emergency generators and radio telemetry units with each sewer pump station constructed by
the Owner/Developer to serve the development of the Property.
5. All public or private improvements required under the terms of this Agreement or by the
City's regulations/codes, shall be constructed at the expense of and by the Owner/Developer
as approved by the City.
6. Owner/Developer shall contract for solid waste pick up services to serve the Property at such
time it is developed.
7. The Owner/Developer owns land fronting on 89`h Street and shall dedicate without
compensation one-half (1/2) of land for the ultimate right-of-way for 891h Street as
{00058250.DOC.1 } EXHIBIT `B"
To ORDINANCE No. 2017-19
Page 2 of 5
4-28-17
determined by the City when requested by the City.
8. In the event of a violation of any of the provisions contained in this Agreement, the City shall
have the right to refuse to issue any Building Permits or Certificates of Occupancy as the
case may be for the development of the Property until such violation(s) is/are corrected. This
Agreement may also be enforced by all appropriate Sections of the Code of Ordinances and
the Land Development Code of the City, as they may be amended, as well as through Code
Enforcement action and/or other appropriate legal action.
9. Owner/Developer, upon execution of this Agreement, shall pay to the City the cost of
recording Ordinance No. 2017-19 in the Indian River County Clerk's Office.
10. This Annexation is subject to various provisions contained in Chapter 171 Florida Statutes,
Municipal Annexation or Contraction. A substantial portion of the boundary of the Property
is contiguous to the City. "Contiguous" is defined in Section 171.031(11) F.S. to mean "that
a substantial part of a boundary of the territory sought to be annexed by a municipality is
cotenninous with a part of the boundary of the municipality." Should there be any legal
challenge to the annexation of the Property, whether based on contiguity, enclaves,
Comprehensive Plan inconsistencies, zoning or otherwise, the Owner/Developer agrees to
assume all risk to Owner/Developer associated with the challenge. The Owner/Developer
further agrees to indemnify and hold harmless the City from all claims, suits, judgments,
attorneys' fees and costs in any way arising out of or relating to the annexation of the
Property.
11. This Agreement shall be binding on and inure to the benefit of the parties hereto and their
successors or assigns. This Agreement shall run with the Property and be binding upon any
person, firm or other entity who may become the successor in interest directly or indirectly to
the Property, and such successor shall be subject to the above referenced conditions as
approved by the City Council on , , > %- 2017. In the event a court of
competent jurisdiction issues a final order declaring the annexation to be in violation of the
law, the Owner/Developer agrees that the City will adopt an ordinance in accordance with
Section 171.051 for the sole purpose of contraction of the municipal boundaries to remove
the Property from the City limits, without any liability whatsoever to the City.
{00058250.DOC.1 } EXHIBIT `B"
To ORDINANCE No. 2017-19
--- Page 3 of 5
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12. The terms "dedicate", "dedication" or "convey" as used in this Agreement mean to transfer
ownership to the City or other governmental body without any cost to or payment by the City
or other governmental body.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
signed all as of the date and year first written above.
ATTEST:
CITY OF FELLSMERE, FLORIDA
22 S. Orange Street
Fellsmere, Florida 32948
.TOL . SON, YOR
DEBORAH C. KRAGES, CMC, CLERK As Approved by the Council on % 7 /-;16 1,7
(SEAL)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this A d%� day of
A iousf , 2017, by JOEL TYSON, Mayor of the CITY OF FELLSMERE, FLORIDA, who is
pe sr onally known to me or who produced as identification.
(SEAL)
t• MY COMUSACORTE
MISSION # GG 079703
EXPIRES: July 5, 2021
�• c.• Baled 71wu Notary PLtk lkiderwitera
{00058250.DOC.1 )
�1 6
NOTARY PUBLIC, STATE OF FLORIDA
Print Name: <JSa Cork
My Commission Expires: 7uii 5, �oa.t
My Commission No.: GG 0'19'703
EXHIBIT `B„
To ORDINANCE No. 2017-19
Page 4 of 5 -..
VY
Witness Print Nam '_jP r1
fitness Print Name: -tin/ 3o7i
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Owner/Developer
GERALD W. RENICK, as Trustee of
the Gerald W. Renick Revocable Trust
U/T/A dated October 21, 2015
ADDRESS _
?.�Xzt Q. JZ4V�_
Gerald W. Renick, Trustee
4-28-17
I HEREBY CERTIFY that on this day, before me an Officer duly authorized in the State
and in the County aforesaid to take acknowledgements, personally appeared Gerald W. Renick,
as Trustee of the Gerald W. Renick Revocable Trust U/T/A dated October 21, 2015, Pers` orally
known to me to be the person described in the foregoing instrument or who has provided
a -1140 driver's license as identification, who executed the foregoing
instrument and acknowledged before me that they executed the same. (�
WITNESS my hand and official seal this PH, day of
2017.
CYNDY LITTLE
NOTARY PUBLIC
(SSTATE OF FLORIDA
Cww* FF108252
01scExpires 3131/2018
NOTAR7 PUBnC,S
��
Print Name:
My Commission 134)
My Commission No.:
{00058250.DOC.1 } EXHIBIT "B"
To ORDINANCE No. 2017-19
—Page 5 of 5
Si /)7i
CERTIFIED MAIL 7014 3490 0000 3075 8379
August 28, 2017 Indian River County
Mr. Jason Brown, County Administrator AUG 3 0 201?
Indian River County Office Of the
18o1 — 27th Street County Administrator
Vero Beach, FL 32960 - 3365
RE: Voluntary Annexation
DearMr. rown.
F
Pursuant to F.S. 171.044(3) we are advising you of a voluntary annexation of 9.92 acres,
more or less, located at 13875 and 13945 — 89th Street, into the City of Fellsmere on
August 17, 2017. There are no residents occupying the property. We are enclosing a
copy of the recorded Ordinance outlining the ordinance number, legal description, map
with acreage along with and effective date.
Should you have any questions or require any additional information please feel free to
contact me.
Sincerely,
R. Nunemaker
City Manager
JRN/d
CC: file
22 South Orange Street Fellsmere, Florida 32948-6700
Phone: 772-571-1616 Fax. 772-571-8615