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Home My WebLink AboutSEB O-21-16ORDINANCE NO. 0-21-16 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR A CONTIGUOUS AND COMPACT AREA OF AN UNINCORPORATED REAL PROPERTY CONSISTING OF 6.17 ACRES, MORE OR LESS, LOCATED SOUTH OF DEVELOPED PROPERTY WITHIN THE SEBASTIAN HIGHLANDS UNIT 7, EAST OF THE FEC RAILROAD, WEST OF US HIGHWAY 1 AND NORTH OF VACANT LAND IN ACCORDANCE WITH SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR PROPOSED LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENERS ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owners of real property in an unincorporated area of Indian River County which is contiguous to the existing corporate limits and boundaries of the City of Sebastian, and reasonably compact, petitions the governing body of the City of Sebastian that said property be annexed to the municipality in accordance to Section 171.044 (1), Florida Statutes; and WHEREAS, Upon determination by the City of Sebastian that the petition bears the signatures of all owners of property in the area proposed to be annexed, the City of Sebastian may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property in accordance to Section 171.044 (2), Florida Statutes; and WHEREAS, the City Council of the City of Sebastian, Florida deems Ordinance 21-16 for the voluntary annexation of said property to be in the best interest of the residents and citizens of the City of Sebastian, the public at large and serves a valid public purpose. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the corporate limits of the City of Sebastian, Florida and the boundary lines of said City are hereby redefined to include said real property as shown on the map within "Exhibit 1" containing 6.17 acres, more or less. Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION. The proposed land use and zoning classification amendments for this property shall be consistent with the provisions of state law and local ordinance. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court, as well as the Chairman of the County Commission of Indian River County, Florida, and with the Florida Department of State within seven days of adoption in accordance with Section 171.044 (3), Florida Statutes. Section 4. NOTICE. Said ordinance shall be passed after notice of the annexation has been published at least once each week for 2 consecutive weeks in some newspaper in the City of Sebastian in accordance with Section 171.044 (2), Florida Statutes. The ordinance must include a map which clearly shows the annexed area and a complete legal description of that area by metes and bounds. Section 5. SCRIVENERS ERRORS. Sections of this Ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 6. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid, unenforceable or unconstitutional, the remainder of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional provisions. Section 8. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption by the City Council. 2 The foregoing Ordinance was moved for adoption by Councilmember Jdnes The motion was seconded by Councilmember Nunn and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice Mayor Fred Jones Councilmember Ed Dodd Councilmember Bob McPartlan Councilmember Christopher Nunn aye aye aye aye aye The Mayor thereupon declared this Ordinance duly passed and adopted this 9th day of February 2022. ATTEST: VV,��i'1'LQ ANETTE WILLIAMS, MMC City Clerk 3 CITY OF SEBAS IM FLORIDA Approved as to form and legality for reliance by theCi Se iac only: , // JR, 1998811 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, SK: 2347 PG: 200, 06/11/2009 02!05 PM DOC STAMPS D 80.70 EXHIBIT Rec. Fee $10.00 q Doc. Sips. $0.70 Prepared by and Return to: Fischer Family Partnership, LLC PO Box 780068 Sebastian, FL 32978-0068 Tax ID n 31-39-17-00000-3000-00014.0 ��`, THIS WARRANTY DEED made the dayof VUi1P a by Sebastian General Parminship, B.F.T, a Florida General Pattrwship hereinafter called the grantor, to Fischer Family Partnership, LLC, a Florida Limited Liability Company whose address is: PO Box 780068, Sebastian, FL 32978-0068 hereinafter called the grantee: WITNESSETH: That the grantor, for and in consideration of the sum of 510.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and coniums unto the grantee all that certain land situate in Indian River County, State of Florida, vis: Beginning at the Northeast comer of that part of the South 1/2 of the Southeast 1/4 of the Northwest 1/4, lying East of the right -of --way of Florida East Coast Railway, and West of the public road, in Section 17, Township 31 South, Range 39 East, said point of beginning being also this intersection of the North line of the following described tract with the Southwesterly right-of-way line of U,S. Highway No. I; from said point of beginning run a thence West (South 89° 28' West) along the North line of said tract for a distarrce of 806.9 feu to an iron pipe on the Northeasterly right-of-way line of the Florida East Coast Railway, thence run Southeasterly along the Northeasterly line of said right-of-way for a distance of 359.48 fee to an iron pipe; thence East (North 890 28' East) for a distance of 836.8 feet to an iron pipe on the Southwesterly right-of-way line of U.S. Highway No. I, thence run Northwesterly along the said right-of-way line for a distance of 372 feet to an iron pipe and the point of beginning. Subject property Is not nor does It adjoin the homestead property of the grantor herein. No consideration was paid for this transtacdon. cc I TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawflrl authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2006. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, scaled and delivered in the presence of: SEBASTIAN grNWAL PARTNERSHIP, B.F.T., a Flork4 nership Hen A. ischer, Oateral Partner ANN ,/.. P& -;W Printed Signatum oft Witness Grantor's Address: PO Box 780068 Sebastian, FL 32978-0068 STATE OF FLORIDA COUNTY OF INDIAN RMM The foregoing instrument was acknowledged before me on this date, by Henry A. Fischer, Oenenal Partner of Sebastian General partnership, B.F.T., a Florida General Partnership, who is personally known to me or who has produced: _ as identification. WITNESS my hand and official seal in the State and County last aforesaid this -jnA� dry of Z'" t-iS -T G �-q6- Notary's Printed Name Notary Pubit p, 1 �'— �Ot°�' - Oornmisslotl p DQ8` 18289 2021 FLORIDA LIMITED LIABILITY COMPANYANNUAL REPORT DOCUMENT# L04000042016 Entity Name: FISCHER FAMILY PARTNERSHIP, LLC Current Principal Place of Business: 10753 US HWY, #1 SEBASTIAN, FL 32958 Current Mailing Address: 10753 US HWY.#1 SEBASTIAN, FL 32958 US FEI Number: 201463281 Name and Address of Current Registered Agent: FISCHER, HENRY ANTHONY 10753 US HWY. #1 SEBASTIAN, FL 32958 US FILED Feb 25, 2021 Secretary of State 007094065OCC Certificate of Status Desired: No rhe above named entity subnAs this atelemenl for the purpose of changing Its reglstrmd or m&14 r..d epent, r.r both, In Ute State of Florida. SIGNATURE: HENRY ANTHONY FISCHER 1 02/25/2021 Electronic Signature of Registered Agent Authorized Person(s) Detail Title MGRM Name FISCHER, HENRY ANTHONY Address 10753 U•S. HIGHWAY 1 City -State -Zip; SEBASTIAN FL 32958 I hereby covey that the IMomlatlo„ „Oicatad on this report or supplomonfe! reporl Is hue and accurate and that my electronk algnature shell have the eeme kyal e}/ect ea IM** ender oath; that 1 am a manegh j; member ur manepar of the 1011ed rlabJ11y company or the mcehvr or lrvslee empowered to execute this report as raqubed by Chspler 1105, Ftartda Statulsa; and thel my name appears ebwve, or a, wm aflachmenf wtth eft other Oke empowered. SIGNATURE: HENRY ANTHONY FISCHER 02/25/2021 Electronic Signature of Signing Authorized Person(s) Detail Date Indian River County, FL Overview � l 1 , r�. Legend ❑ Parcels Street Centerlines Subdivisions Municipal Boundaries 2 IRC Private Schoo Government Facilities FEDERAL GOVERNMENT COUNTY GOVERNMENT LOCAL GOVERNMENT I SCHOOL HOSPITAL FIRE STATION LAW ENFORCEMENT E STATE PARK COUNTY PARK CITY PARK BOAT RAMP CANOELAUNCH CANOE LANDING Golf Courses Water Parcel ID 313917000003000=14.0 Prop ID 32942 Owner FISCHERFAMILY Last2Sales Sec/Twp/Rng 17-31-39 Class 6900 -Orn Address PARTNERSHIP LLC Date Price Instr Qual Property 10595 US HIGHWAY 1 Nurs,HorseFnn,Misc PO BOX 7BW68 Type Address SEBASTIAN Ag SEBASTIAN, FL 32978 6/1/2009 $100 Warranty U Acreage 6.17 Deed 1WV1986 $210000 n/a U Plat Book Link District 1- NORTH COUNTY W/SEB INLET Brief Tax Description BEG AT NE COR OF PART OFS1/2OFSE1/4OOFNW1/4,EOFFEC RY&WOFUSHWYNO1;W806.9FT; SELY 359.48 FT; RUN E 836.8 FT; RUN NWLY 372 FTTO POB AS D BK 108 PP 4 & R BK 161 PP 12 (OR BK 447 PP 7 6) (Note: Not to be used on legal documents) Date created: 10/5/2021 Last Data Uploaded: 10/5/20218.09:59 AM Developed by I TRACT '0' GRAD uO 9CAL:E I ` W 1 2c ra eo ISO I fN Ful IWC-a FT, IFS eL0CK 407 r • I SWA54AM,M0UWS UMIT 7 - P.$.1.6• PG 6 2 TRACT "F' as '' � _!..•�. 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