HomeMy WebLinkAboutFEL2019-03 •
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RECORDED IN THE PUBLIC REcr,q2DiS,,OF
JEFFREY R SMITH, CLERK OF COURT
ORDINANCE INDIAN RIVER COUNTY FL
No.2019-03 BK 3216 PG 1640 Page 1 of 12 6/20/2019 2:02 PM
AN ORDINANCE OF THE CITY OF FELLSMERE,INDIAN RIVER COUNTY,FLORIDA,
PROVIDING FOR VOLUNTARY ANNEXATION OF 12.655 ACRES MORE OR LESS,
LOCATED ON THE SOUTH SIDE OF COUNTY ROAD 512 EAST OF INTERSTATE
HIGHWAY NO.95,EAST OF THE RACETRAC SERVICE STATION AND WEST OF 106TH
AVENUE 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, Ro-Ed Corp., a Florida corporation as Successor by merger with American Mutual
Corp.,a Florida corporation recorded in Official Records Book 467,Page 462 of the Public Records of Indian
River County, Florida (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:
See Exhibit A"attached hereto and by this reference made a part hereof.
The annexed land is also shown on the map attached hereto, as Exhibit"B", and by this reference
made a part hereof.
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. To the extent
necessary, the interim land use and zoning classification 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
{00097994.DOC.1) Page 1 of 2
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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"C",signed by the Owner/Developer and any Mortgagee(s),
this Ordinance shall become effective. 'f
The foregoing Ordinance was moved for adoption by Council Member \ y .
The motion was seconded by Council Member."` 1 tdb and,upon being put t vote,the
vote was as follows: U
Mayor,Joel Tyson Qi-W,
Council Member Fernando Herrera (tb.r-vim
Council Member Inocensia Hernandez f__ -
Council Member Sara J. Savage
Council Member Jessica Salgado 4 �_
OO fc
4he:Mayor thereupon declared this Ordinance fully passed and adopted this /� ' day of
T
m' ,2019.
CITY OF FELLSMERE, FLORIDA
oe son, M or 9 �.., ,
ATTEST: =`E. i.. ,i,.:;>" _i�'„+
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Deborah C. Krages, CMC,City Clerk11° • J►
• 40 �1-, 1
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I HEREBY CERTIFY that Notice of the public hearings on this Ordinance was published in the Press
Jougial, as required by State Statute,that the foregoing Ordinance was duly passed and adopted on the
'D^ day of (4�, , 2019, and the first reading was held on the 2)11'day of
A111. , 2019, and that the first public hearing was held on the 4-.5 d' of
---6
/w}l ,2019,and that the second public hearing and final reading was held on the IS- day
of ,2019.
6Y---- -0-c-s—i—
Deborah C. Krages,CMC,City rk
0-2019-03 Anncc Tractor Solace DOC
(00097994.DOC.1) —Page 2 of 2
EXHIBIT"A"
LEGAL DESCRIPTION
METES AND BOUNDS PER SURVEYOR
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION
20,TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA;THENCE SOUTH 00°15'40"
WEST ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4,A DISTANCE OF 108.65
FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF STATE ROAD#512 AS SHOWN ON FLORIDA
DEPARTMENT OF TRANSPORTATION MAP SECTION 88081-2403;THENCE NORTH 88°16'13" EAST ALONG
THE SAID SOUTH RIGHT OF WAY LINE OF STATE ROAD#512,A DISTANCE OF 390.23 FEET TO THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; FROM SAID POINT OF BEGINNING, CONTINUE
NORTH 88°16'13" EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 300.20 FEET TO AN
INTERSECTION WITH THE WEST LINE OF BLOCK B,VERO LAKE ESTATES UNIT H-4, ACCORDING TO PLAT
THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 31, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA. THENCE NORTH 00°21'47" EAST ALONG THE SAID WEST LINE OF BLOCK B A DISTANCE OF 3.94
FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE NORTHEASTERLY ALONG SAID
CURVE, HAVING A RADIUS OF 25.00 FEET,THROUGH A CENTRAL ANGLE OF 90°15'55", FOR AN ARC
LENGTH OF 39.39 FEET TO A POINT ON THE NORTH LINE OF SAID BLOCK B AND A POINT OF TANGENCY;
THENCE SOUTH 89°22'18" EAST ALONG THE SAID NORTH LINE OF BLOCK B AND BLOCK A OF SAID VERO
LAKE ESTATES UNIT H-4 A DISTANCE OF 548.80 FEET TO AN INTERSECTION WITH THE WEST RIGHT OF
WAY LINE OF 106TH AVENUE AS SHOWN ON THE SAID PLAT OF VERO LAKE ESTATES UNIT H-4 AND A
POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE ALONG SAID WEST RIGHT OF WAY LINE
SOUTHEASTERLY AND ALONG SAID CURVE, HAVING A RADIUS OF 25.00 FEET,THROUGH A CENTRAL
ANGLE OF 89°45'07", FOR AN ARC LENGTH OF 39.16 FEET TO A POINT OF TANGENCY; THENCE
CONTINUE ALONG SAID WEST RIGHT OF WAY SOUTH 00°22'49" WEST A DISTANCE OF 501.90 FEET TO A
POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE CONTINUE ALONG SAID WEST RIGHT OF WAY
AND SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 25.00 FEET,THROUGH A CENTRAL
ANGLE OF 89°50'14", FOR AN ARC LENGTH OF 39.20 FEET TO A POINT ON THE NORTH RIGHT OF WAY
LINE OF 94TH STREET AS SHOWN ON THE SAID PLAT OF VERO LAKE ESTATES UNIT H-4 AND A POINT OF
TANGENCY; THENCE NORTH 89°46'57" WEST ALONG SAID NORTH RIGHT OF WAY LINE A DISTANCE OF
1187.76 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE NORTHWESTERLY ALONG
SAID CURVE, HAVING A RADIUS OF 25.00 FEET,THROUGH A CENTRAL ANGLE OF 90°02'37", FOR AN ARC
LENGTH OF 39.29 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF 108TH AVENUE AS SHOWN ON
THE SAID PLAT OF VERO LAKE ESTATES UNIT H-4 AND A POINT OF TANGENCY;THENCE NORTH 00°15'40"
EAST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 162.63 FEET; THENCE SOUTH 89°51'26"
EAST A DISTANCE OF 339.99 FEET; THENCE NORTH 00°15'40" EAST A DISTANCE OF 328.66 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 551,268.1 SQUARE FEET OR 12.655 ACRES MORE OR LESS.
EXHIBIT "B-1"
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WWD 6-6-19
EXHIBIT"C"
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT (this "Agreement"), entered into this /1-�11�
day of
\/ t1 vFQ_ , 2019, between the City of Fellsmere, Florida, a political subdivision of the
State of Florida (hereinafter referred to as "City") and Ro-Ed Corp. as successor by merger with
American Mutual Corp., a Florida Corporation, recorded in Official Records Book 467, Page
462 of the Public Records of Indian River County, Florida (hereinafter referred to as "Owner",
which includes it's grantees, successors or assigns in interest).
RECITALS
WHEREAS, Owner 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, Owner is not a developer or dealer in real property, and as such does not
intend to actively participate in the development or subdivision of the Property, but rather, from
time to time, will sell portions of the Property to third parties for development; and
WHEREAS, Owner desires to sell a portion of the Property to a third party Buyer who
intends to develop a portion of the Property under the City's PDD Planned Development District
regulations as described in Exhibit "2", attached hereto and incorporated herein by this reference,
consisting of 4.876 acres, more or less, for a tractor sales and supply facility(hereinafter referred
to as the "Development or Project"); and
WHEREAS, as a part of its plan for annexation, comprehensive plan amendment,
rezoning, and preliminary and final development plan of the Property, the Owner 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, the parties agree as follows:
(00104802.DOC.1 } EXHIBIT"C"
To ORDINANCE No.2019-03
- Page 1of5 -
I
WWD 6-6-19
I. 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, 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
improvements not dedicated to and accepted by the City.
2. In connection with the development of the Property, Owner and through its successors in
interest in any portion of the Property under development following purchase from the
Owner (hereinafter referred to as the "Developer") shall be required to install or have
installed by private providers, where applicable, all private utilities (electric, cable, gas),
surface water or storm water management systems, water and wastewater facilities, roadways
or other transportation related improvements that relate to the overall Development to meet
City specifications, 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 Developer shall connect to either the City utility system or the Indian River County
utility system. Should the Developer connect to the City utility system, the Developer agrees
to provide permanent standby emergency generators and radio telemetry units with each
sewer pump station constructed by the Developer to serve the Project. If the Developer
connects to the Indian River County utility system, the Developer shall comply with all
Indian River County requirements.
4. The Developer acknowledges responsibility to obtain all required Federal, State, County and
Local permits as may be applicable to the Project. The Developer shall comply with all
regulations and ordinances of the City for the Development of the Property. The Developer
shall dedicate to the City, Indian River County, or the State of Florida, any land as
reasonably deemed necessary by the respective governmental entity for right of way and/or
utility facilities.
5. All public or private improvements required under the terms of this Agreement or by the
(00104802.DOC.1 ) EXHIBIT"C"
To ORDINANCE No.2019-03
-Page 2of5-
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WWD 65-I9
City's regulations/codes, shall be constructed at the expense of and by the Developer as
approved by the City.
6. Developer shall contract for solid waste pick up services to serve the Development.
7. The Owner has represented to the City that the Property consists of various platted lots and
abandoned road right-of-way. Prior to Final Development Plan approved for the Project and
future development activity on the Property, the Owner shall enter into a Unity of Title
combining all of the lots, including abandoned road right-of-way and if directed by the City,
a cross access agreement with the adjacent property owner(s), all subject to approval 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 further Building Permits or Certificates of Occupancy as
the case may be for the entire Property until such violation(s) is/are corrected and 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, upon execution of this Agreement, shall pay to the City the cost of recording
Ordinance No. 2019-03 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
coterminous 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 or otherwise, the Owner/ agrees to assume all risk to
Owner associated with the challenge. The Owner 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, including the defense of any
challenge to the Annexation.
[00104802.DOC.1 ) EXHIBIT"C"
To ORDINANCE No.2019-03
-Page 3of5-
• a
9/WD 6-6-19
11. This Agreement shall be binding on and inure to the benefit of the parties hereto and their
grantees, 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 conditions set forth in
this Agreement, as approved by the City Council on April 18, 2019. In addition to the
Owner, this Agreement shall also apply to any third-party Developer the Owner.may contract
with or convey an interest in any portion of the Property to for the purpose of developing the
Property. In the event a court of competent jurisdiction issues a final order declaring the
annexation to be in violation of the law, the Owner and/or Developer agrees that the City will
adopt an ordinance in accordance with Section 171.051 (1) 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.
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 South Orange Street
Fellsmere, Florida 32948
<1.1ja/_ YSO , MAYOR
EBORA I C. KRAGES,CITY CLE As Approved by the Council on Ofht) /g ?io/9
1:'.'..'Si9•lgPl
(S.E A e.h.
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(00104802.DOC.1 ) ExHIBrr"C"
To ORDINANCE No.2019-03
-Page4of5-
WWD 6-6-19
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this 1c144' day of Tuns
2019, by JOEL TYSON, Mayor of the CITY OF FELLSMERE, FLORIDA, who is rsonally known
to me or who produced as identification.
kin- tete/
( SEAL ) NOTARY PUBLIC
My Commission Expires: ,u . 5, ..)0.)-1
,aircorm USA CO
•, ,: MY COMMISSION It GG 079703
' .%`i1. EXPIRES:July 5,2021
'F°:::°.• Boded Thru Notary Public Undenniters
Owner
Ro-Ed Corp. a Florida Corporation
1401 79th Street Causeway
Miami, Flor'•a 33141
BY: i.i�•.it/ /...1
Print Name: EDMUND N. ANSIN
Its: President
STATE OF FLORIDA
COUNTY OFivilit1r'1I Dobe �,[
The foregoing instrument was acknowledged before me this / / day of
I ^f E , 2019, by EDMUND N. ANSIN, President pf RO-ED CORP., who is
personally known to me or who produced 7 Eftcc JoL-Ly kiJort/n/ as identification.
)7k) et_t_c_a_ij
•
( SEAL ) NOTARY PU LIC /)-^ri>").•-•-My Commission Expires: 1VIVIAN M CREWS
Notary Public-State of Florida
3 j tee; Commission N GG 255914
( .'"•'!;or n.-• My Comm.Expires Sep 25,2022 M
Bonded through National Notary Assn.
(00104802.DOC. I EXHIBIT"C"
To ORDINANCE No.2019-03
-Page 5of5-
LEGAL DESCRIPTION
METES AND BOUNDS PER SURVEYOR
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION
20,TOWNSHIP 31 SOUTH,RANGE 38 EAST,INDIAN RIVER COUNTY,FLORIDA;THENCE SOUTH 00'15'40"
WEST ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4,A DISTANCE OF 108.65
FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF STATE ROAD#512 AS SHOWN ON FLORIDA
DEPARTMENT OF TRANSPORTATION MAP SECTION 88081-2403;THENCE NORTH 88°16'13"EASTALONG
THE SAID SOUTH RIGHT OF WAY LINE OF STATE ROAD#512,A DISTANCE OF 390.23 FEET TO THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; FROM SAID POINT OF BEGINNING,CONTINUE
NORTH 88°16'13"EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 300.20 FEETTO AN
INTERSECTION WITH THE WEST LINE OF BLOCK B,VERO LAKE ESTATES UNIT H-4,ACCORDING TO PLAT
THEREOF AS RECORDED IN PLAT BOOK 6,PAGE 31,OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA. THENCE NORTH 00°21'47"EAST ALONG THE SAID WEST LINE OF BLOCK B A DISTANCE OF 3.94
FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE NORTHEASTERLY ALONG SAID
- CURVE,HAVING A RADIUS OF 25.00 FEET,THROUGH A CENTRAL ANGLE OF 90°15'55",FOR AN ARC
LENGTH OF 39.39 FEET TO A POINT ON THE NORTH LINE OF SAID BLOCK B AND A POINT OF TANGENCY;
THENCE SOUTH 89°22'18"EAST ALONG THE SAID NORTH LINE OF BLOCK B AND BLOCK A OF SAID VERO
LAKE ESTATES UNIT H-4 A DISTANCE OF 548.80 FEET TO AN INTERSECTION WITH THE WEST RIGHTOF
WAY LINE OF 106TH AVENUE AS SHOWN ON THE SAID PLAT OF VERO LAKE ESTATES UNIT H-4 ANDA
POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE ALONG SAID WEST RIGHT OF WAY LINE
SOUTHEASTERLY AND ALONG SAID CURVE, HAVING A RADIUS OF 25.00 FEET,THROUGH A CENTRAL
ANGLE OF 89°45'07", FOR AN ARC LENGTH OF 39.16 FEET TO A POINT OF TANGENCY; THENCE
CONTINUE ALONG SAID WEST RIGHT OF WAY SOUTH 00°22'49"WEST A DISTANCE OF 501.90 FEETTO A
POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE CONTINUE ALONG SAID WEST RIGHT OF WAY
AND SOUTHWESTERLY ALONG SAID CURVE,HAVING A RADIUS OF 25.00 FEET,THROUGH A CENTRAL
ANGLE OF 89°50'14", FOR AN ARC LENGTH OF 39.20 FEET TO A POINT ON THE NORTH RIGHT OF WAY
LINE OF 94TH STREET AS SHOWN ON THE SAID PLAT OF VERO LAKE ESTATES UNIT H-4 AND A POINT OF
TANGENCY; THENCE NORTH 89°46'57"WEST ALONG SAID NORTH RIGHT OF WAY LINE A DISTANCE OF
1187.76 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE NORTHWESTERLY ALONG
SAID CURVE,HAVING A RADIUS OF 25.00 FEET,THROUGH A CENTRAL ANGLE OF 90°02'37",FOR Ali ARC
LENGTH OF 39.29 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF 108TH AVENUE AS SHOWN ON
THE SAID PLAT OF VERO LAKE ESTATES UNIT H-4 AND A POINT OF TANGENCY;THENCE NORTH 00'15'40"
EAST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 162.63 FEET; THENCE SOUTH 89°51'26"
EAST A DISTANCE OF 339.99 FEET; THENCE NORTH 00°15'40"EAST A DISTANCE OF 328.66 FEETTOTI-IE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 551,268.1 SQUARE FEET OR 12.655 ACRES MORE OR LESS.
EXHIBIT"1"
TO
ANNEXATION AGREEMENT
,
LEGAL DESCRIPTION
FELLSMERE TRACTOR SUPPLY
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION
20,TOWNSHIP 31 SOUTH,RANGE 38 EAST,INDIAN RIVER COUNTY,FLORIDA;THENCE SOUTH 00'15'40"
WEST ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4,A DISTANCE OF 108.65
FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF STATE ROAD#512 AS SHOWN ON FLORIDA
DEPARTMENT OF TRANSPORTATION MAP SECTION 88081-2403;THENCE NORTH 8816'13°EAST ALONG
THE SAID SOUTH RIGHT OF WAY LINE OF STATE ROAD#512,A DISTANCE OF 390.23 FEET TO THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;FROM SAID POINT OF BEGINNING,CONTINUE
NORTH 88'16'13"EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 285.18 FEET TO A
POINT,SAID POINT BEING 15 FEET EAST OF,AS MEASURED PERPENDICULAR TO,THE PLATTED CENTER
LINE OF 107TH AVENUE(NOW ABANDONED)AS SHOWN ON THE PLAT OF VERO LAKE ESTATES UNIT H-4,
ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 6,PAGE 31,OF THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY,FLORIDA. THENCE SOUTH 00'15'40"WEST AND PARALLEL WITH THE SAID
CENTER LINE OF 107TH AVENUE A DISTANCE OF 526.46 FEET TO A POINT ON THE NORTH RIGHT OF WAY
LINE OF 94Th STREET AS SHOWN ON THE SAID PLAT OF VERO LAKE ESTATES UNIT H-4; THENCE NORTH
89'46'57"WEST ALONG SAID NORTH RIGHT OF WAY UNE A DISTANCE OF S99.98 FEET TO A POINT OF
CURVATURE OF A CIRCULAR CURVE; THENCE NORTHWESTERLY ALONG SAID CURVE,HAVING A RADIUS
OF 25.00 FEET,THROUGH A CENTRAL ANGLE OF 90'02'37",FOR AN ARC LENGTH OF 39.29 FEET TO A
POINT ON THE EAST RIGHT OF WAY OF 108TH AVENUE AS SHOWN ON THE SAID PLAT OF VERO LAKE
ESTATES UNIT H-4 AND A POINT OF TANGENCY;THENCE NORTH 00'15'40"EAST ALONG SAID EAST
RIGHT OF WAY LINE A DISTANCE OF 162.63 FEET; THENCE SOUTH 89'51'26"EAST A DISTANCE OF
339.99 FEET; THENCE NORTH 00'15'40"EAST A DISTANCE OF 328.66 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 212,399.4 SQUARE FEET OR 4.876 ACRES MORE OR LESS.
•
TOGETHER WITH NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF THE
PARCEL ABOVE,AS CREATED IN THAT CERTAIN SHARED ACCESS EASEMENT AGREEMENT BY AND
BETWEEN RO-ED CORP.,A FLORIDA CORPORATION AND RACETRAC PETROLEUM,INC.A GEORGIA
CORPORATION,RECORDED IN O.R.BOOK 2313,PAGE 1827,PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA.
EXHIBIT"2"
• TO
ANNEXATION AGREEMENT
Joel Tyson, Mayor •r •
•'
Mark D. Mathes, Interim City Manager , .'� . ,
cultivate. nurture.
P/ rSi « ri P/
CERTIFIED MAIL 7017 1450 0000 5674 3101
Indian River County
June 27, 2019
Mr. Jason Brown, County Administrator JUL 1 0 2019
Indian River County
1801 — 27th Street Office of the
Vero Beach, FL 32960-3365 County Administrator
RE: Voluntary Annexation
Dear Mr. Brown:
Pursuant to F.S. 171.044 we are notifying you of our recent annexation of 12.655 acres,
more or less, of vacant land into the City of Fellsmere, during their meeting of April 18,
2019.
Enclosed please find a copy of the recorded Ordinance 2019-03 along with the
Annexation Agreement.
Should you have any questions or require any additional information please feel free to
contact me.
Sincerely,
Mark D. Mathes
Interim City Manager
dck
CC: file
22 South Orange Street Fellsmere, Florida 32948-6700
Phone: 772-571-1616 Fax: 772-571-8615