The URL can be used to link to this page

Home My WebLink About2020-131A6-24-2020 INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY FLORIDA AND THE CITY OF FELLSMERE, FLORIDA RELATING TO THE ANNEXATION OF ENCLAVES THIS INTERLOCAL AGREEMENT is made on this day of Lt) 2020 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 (2019). WHEREAS, Section 163.01, Florida Statutes (2019), known as the "Florida Interlocal 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 (2019), provides for annexation 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 (2019), limits annexation by interlocal agreement to enclaves of one hundred and ten (110) acres or less in size; and WHEREAS, Section 171.031(13), Florida Statutes (2019), defines enclaves as unincorporated developed or improved property bounded on all sides by a single municipality, or bounded by a single municipality and by a natural or manmade obstacle that allows the 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 Interlocal Agreement meet the requirements set out in Sections 171.031(13) and 171.046, Florida Statutes (2019), as such enclaves are developed or are improved, are one hundred and ten (110) acres or less in size, and are completely surrounded by the municipality or are bounded by the municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to the enclaves only through the municipality; 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: 3120200044602 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH. CLERK OF COURT INDIAN RIVER COUNTY FL BK'. 3324 PG. 2474 Page 1 of 6 8/4/2020 1'33 PM 6-24-2020 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 (2019). 2. "Agreement" means this Interlocal 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 hereby 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. 2 ,&-24-2020 Section 8. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 9. Severability In the event a court of competent jurisdiction hereof holds any 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. CITY OF FELLSMERE, FLORIDA By:c��%%1 ATTEST: e 1 ilyson_, yor Date of City approval: 161 (6+1)�XDO Maria Suarez- chez, Ci y Clerk Approved as to form and legal " = - sufficiency: ~` By Warren W. Dill City Attorney 3 r 1 a ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney IN(DIAN—RIVER COUN , F R B: l Y �� Su n Adams 'C Boar of County Commissioners 6-24-2020 EDS 4tlJ Zairir�lSpUtJTY. �-�,• .: Date of BCC approval: July 14, 2020 t:\ciients\1760\99010-20\2020.06.24 fellsmere interlocal agreement enclaves.docx H Exhibit "A" Legal Description & Sketch for City of Fellsmere Annexation Indian River County, Florida A PARCEL OF LAND LOCATED WITHIN THE PLAT PLAT OF HOMEWOOD ADDITION AS RECORDED IN PLAT BOOK 2, PAGE 15 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LWNG IN INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF LOT 1, TRACT 1938 OF SAID HOMEWOOD ADDITION; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 1 A DISTANCE OF 137.00 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID LOT 1; THENCE WEST ALONG THE SOUTH LINE OF LOTS 1 AND 2, TRACT 1938 OF SAID HOMEWOOD ADDITION A DISTANCE OF 325.25 FEET TO AN INTERSECTION WITH THE EAST LINE OF LOT 14 OF SAID TRACT 1938, HOMEWOOD ADDITION; THENCE SOUTH ALONG THE SAID EAST LINE OF LOT 14 A DISTANCE OF 84.00 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID LOT 14; THENCE WEST ALONG THE SAID SOUTH LINE OF LOT 14 AND THE WESTERLY EXTENSION THEREOF A DISTANCE OF 365.25 FEET TO AN INTERSECTION WITH THE EAST LINE OF LOT 3, TRACT 1937 OF SAID HOMEWOOD ADDITION; THENCE NORTH ALONG THE SAID EAST LINE OF LOT 3 A DISTANCE OF 84.00 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF LOT 1, TRACT 1937 OF SAID HOMEWOOD ADDITION; THENCE WEST ALONG THE SOUTH LINES OF LOTS 1 AND 2 OF SAID TRACT 1937 A DISTANCE OF 320.25 TO AN INTERSECTION WITH THE WEST LINE OF LOT 2, OF SAID TRACT 1937, HOMEWOOD ADDITION; THENCE NORTH ALONG THE SAID WEST LINE OF LOT 2, TRACT 1937 A DISTANCE OF 137.00 FEET TO AN INTERSECTION WITH THE NORTH LINE OF TRACT 1937, THENCE EAST ALONG THE SAID NORTH LINE OF TRACT 1937, THE EASTERLY EXTENSION THEREOF AND THE NORTH LINE OF SAID TRACT 1938 A DISTANCE OF 1010,75 FEET TO THE POINT OF BEGINNING. CONTAINING 169,564.8 SQUARE FEET OR 3.893 ACRES, MORE OR LESS. W9.41-7-0-00MI—riO RIW RIGHT-OF-WAYSOLELY FOR THE PURPOSE OF ILLUSTRATING NO. NUMBER 1}i£ LEGAL DESCRIPTION TO WHICH IT IS ATTACHED. R RADIUS 2) ALL DIMENSIONS ARE CALCULATED UNLESS OTHERWISE NOTED. L LENGTH 3) THIS SKETCH MEETS THE STANDARD PRACTICES FOR SURVEYING CH CHORD DISTANCE SET FORTH BY 1HE FLORIDA BOARD OF PROFESSIONAL LAND CB CHORD BEARING SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, P. 6. PLAT BOOK PURSUANT TO SEC77ON 472.027, FLORIDA STATUTES PG PAGE Ad DELTA N NORTH S SOUTH E EAST Sheet I of 2 W WEST Not Valid Without All Streets Drawn by:Checked b,5t File namel Date Revision Scale Drawing Nam fsNOT o Boundary Survey" DMT DMT 7682 12/23/19 NIA 7682 mastelter, cooler & 1 aylor, Inc. NOT VALID OUT THE SIGNATURE AND THE ORIG!NAL JWSED SEAL OF A FLORIDA PROFESSIONAL SURVEYORS AND MAPPERS LICENSED UR VEY D MAP LAND SURVEYING BUSINESS 114644 " 1655 27th Street, Sulte 2 Vero Becch, Florldo 32960 Phone: (772) 564-8050 Fox: (772) 794-0647 DAVID TA OR P.L 'R9di Exhibit "A " Legal Description & Sketch for City of Fellsmere Annexation Indian River County, FloridaC1 TOWN OF FELLSMERE P.B. 2, PG. 3 (ST. LUCIE COUNTY) �t LOT 3 84.00' oLOT 4 J � TRACT 1937 -moi HOMEWOOD ADDITION I (ST. LUCIE COUNTY) i NORTH 89TH STREET NORTH LOT 13 POINT OF BEGINNING LOT 3 LOT 4 TRACT 1, 1938 fEWO00 ADD1 TION (ST. LUC14 COUNTY) This is NOT aI Bo ndorvSSurvevKETCh" IOrDMTawnby:IChecDMT by Fii7682e' MasteVen Moler & Taplor= Inc. PROFESSIONAL SURVEYORS AND MAPPERS LAND SURVEYING BUSINESS #4644 1655 27th Street, Suite 2 Vero Beach, Florldo 32960 Phone: (772) 564-9050 Fox: (772) 794-0647 M Sit eel 2 of 2 Nol Yalld Without All Sheets Date Revision -a5 Drawing Name 12/23/19 1"-150' 7682 NOT VALID T THE SIGNATURE AND THE ORIONA D SEAL OFA ID LIC V!D TAYLOR P.L S 3