HomeMy WebLinkAboutSEB O-22-073120230006158
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY SMITH CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3599 PG: 460 page 1 of 60 2MQ023 2:43 PM
ORDINANCE NO. 0-22-07
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND
CONSISTING OF 2044.3 ACRES, MORE OR LESS, LOCATED
SOUTH OF THE NORTH BOUNDARY OF COUNTY ROAD 510
ROW, WEST OF LANDS ADJACENT TO THE 74TH AVE ROW,
NORTH OF 69TH STREET ROW, AND EAST OF 901h AVE ROW;
PROVIDING FOR THE EXTENSION OF THE CORPORATE
LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR
INTERIM LAND USE AND ZONING CLASSIFICATION;
PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the owners of real property in unincorporated Indian River County,
contiguous to the existing corporate limits and boundaries of the City of Sebastian, and
being reasonably compact, petitions the governing body of the City of Sebastian to be
voluntarily annexed into the municipality; and
WHEREAS, the City Council of the City of Sebastian, Florida finds and
determines that the annexation of said parcel is in the best interest of the City;
WHEREAS, an Annexation Agreement has been negotiated between the two
parties, City of Sebastian and Graves Brothers Company, and presented for adoption
under Resolution R-22-34; and
WHEREAS, adoption of 0-22-07 shall be subject to approval of R-22-34 and
execution by all parties of the Annexation Agreement;
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 "Exhibit la and lb"
containing 2044.3 acres, more or less.
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Section 2. 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 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.
Section 4. NOTICE. That notice of this ordinance has been posted in
accordance with Section 171.044, Florida Statutes.
Section S. SCRIVENER'S 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. Following its adoption and recordation,
including R-22-34 and the Annexation Agreement executed by all parties, this Ordinance
shall become effective.
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The foregoing Ordinance was moved for adoption by Councilmember
Nunn The motion was seconded by Councilmember
Dodd and, upon being put to a vote, the vote was as follows:
Mayor Fred Jones
Vice Mayor Christopher Nunn
Councilmember Kelly Dixon
Councilmember Ed Dodd
Councilmember Bob McPartlan
aye... ---
aye
aye
aye
The
The Mayor thereupon declared this Ordinance duly passed and adopted this 8th _ day
2023.
of Febniary , 2W.
ATTEST:
Je nette Williams, MMC
City Clerk
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CITY OF SEBASTIAN, FLORIDA
By:
Fred Jones, Mayor
Approved as to form and legality for
reliance by the C' Seb 'ai
only:
M ny An ,City ey