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HomeMy WebLinkAboutSEB O-26-103120260025158 RECORDED IN THE PUBLIC RECORDS OF RYAN L BUTLER, CLERK OF COURT INDIAN RIVER COUNTY FL ORDINANCE NO.0-26-fff: 3863 PG: 553 Page 1 of 7 5272026 10:42 AM AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 382 ACRES, MORE OR LESS, LOCATED SOUTH OF 69TH STREET, EAST OF 82ND AVE, WEST OF 78TH AVE, NORTH OF SEBASTIAN RIVER IMPROVEMENT DISTRICT DITCH C -8-E; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owners of the real property in unincorporated Indian River County, 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 to be voluntary annexed into the municipality; and WHEREAS, the Sebastian City Council of the City of Sebastian, Florida finds and determines that the annexation of said parcels is in the best interest of the City; and WHEREAS, the owners of the real property described herein and the City of Sebastian have entered into an Annexation Agreement, approved May 13, 2026 setting forth certain terms under which the annexation will be governed; 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 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 I" containing 382 acres, more or less. Section 2. LAND USE AND ZONING CLASSIFICATIONS. Land use and zoning classifications shall be consistent with the provisions of state law. Section 3. FILING. A certified copy of thisordinance shall be filed with the Clerk of 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. Notice of this ordinance has been posted in accordance with Section 171.044, Florida Statutes. Section 5. 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. This Ordinance shall become effective immediately upon its adoption by the City Council. Section 7. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any party of the Ordinances 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. The foregoing Ordinance was moved for adoption by Councilmember podd The Motion was seconded by Councilmember Matthews and, upon being put to a vote, the vote was as follows: Mayor Fred Jones absent Vice Mayor Bob McPartlan —Ave-, Councilmember Sherrie Matthews aye _. Councilmember Ed Dodd _a y e Councilmember Christopher Nunn ave The Mayor thereupon declared this Ordinance duly passed and adopted this 26th day of rias, 2026. ATTEST: (��4 '�A -- Catheri Te Acting City Clerk CITY OF S�E/B7151 LOIt DA By: /f � .X ------- Fred Jones, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Jame tokes, Esq. City Attorney Exhibit 1 GDC FLORIDA 1 PARCEL, COMMITMENT NO. 1205436 THAT PART OF THE WEST HALF OF SECTIONS 12 AND 13, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATTHE NORTHEAST CORNER OF THE WEST HALF OF SECTION 12, TOWNSHIP 32 SOUTH, RANGE 38 EAST, THENCE RUN SOUTH 00° 31'19" WEST, ALONG THE EAST LINE OF SAID WEST HALF, A DISTANCE OF 5297.07 FEET TO A POINT ON THE NORTH LINE OF THE AFORESAID SECTION 13; THENCE RUN SOUTH 00° 27'53" WEST, ALONG THE EAST LINE OF THE WEST HALF OF SECTION 13, 1339.42 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF SECTION 13; THENCE FOLLOWING THE SAID SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF, RUN NORTH 89° 18'18" WEST, 1356.57 FEET; THENCE RUN NORTH 00° 36'23" EAST, ALONG THE CENTERLINE OF A 25 -FOOT WIDE DITCH, A DISTANCE OF 6624.74 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF SECTION 12, THENCE RUN SOUTH 89° 48'16" EAST, ALONG SAID NORTH LINE OF SECTION 12, A DISTANCE OF 1345.50 FEET TO THE POINT OF BEGINNING. LKS PARCEL, COMMITMENT NO. 1698420 BEGINNING AT THE NORTHWEST CORNER OF SECTION 13, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 00°26'33" EAST, ALONG THE SECTION LINE A DISTANCE OF 439.89 FEET; THENCE RUN SOUTH 89°33'02" EAST ALONG THE CENTERLINE OF A 20 -FOOT WIDE DITCH, A DISTANCE OF 1293.03 FEET; THENCE ALONG THE CENTERLINE OF A 25 -FOOT WIDE DITCH, RUN NORTH 00°36'23" EAST 5723.49 FEET TO A POINT ON THE NORTH LINE OF SECTION 12, TOWNSHIP 32 SOUTH, RANGE 38 EAST; THENCE RUN NORTH 89°48'16" WEST ALONG SAID NORTH LINE OF SECTION 12, A DISTANCE OF 1305.75 FEET TO THE NORTHWEST CORNER OF SAID SECTION 12; THENCE RUN SOUTH 00°28'56" WEST ALONG THE WEST LINE OF SAID SECTION 12 A DISTANCE OF 5717.70 FEET TO POINT OF BEGINNING. LESS AND EXCEPT THE SOUTH 5259.32 FEET THEREOF. LESS AND EXCEPT THE WEST 112 1/2 FEET THEREOF LESS AND EXCEPT RIGHT-OF-WAY FOR A PUBLIC ROAD OVER, ON AND ACROSS THE NORTH 70 FEET THEREOF, AS CONVEYED TO INDIAN RIVER COUNTY BY ROAD RIGHT-OF-WAY DEED RECORDED IN OFFICIAL RECORDS BOOK 221, PAGE 835, OF THE PUBLIC RECORD OF INDIAN RIVER COUNTY, FLORIDA. LUTHER FAMILY PARCEL, COMMITMENT NO. 1698408 Il_114111111111 3 THE NORTH 1753.54 FEET OF THE SOUTH 5259.32 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT THE NORTHWEST CORNER OF SECTION 13, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 00°26'33" EAST, ALONG THE SECTION LINE A DISTANCE OF 439.89 FEET; THENCE RUN SOUTH 89°33'02" EAST ALONG THE CENTERLINE OF A 20 -FOOT WIDE DITCH, A DISTANCE OF 1293.03 FEET; THENCE ALONG THE CENTERLINE OF A 25 -FOOT WIDE DITCH, RUN NORTH 00°36'23" EAST 5723.49 FEETTO A POINT ON THE NORTH LINE OF SECTION 12, TOWNSHIP 32 SOUTH, RANGE 38 EAST; THENCE RUN NORTH 89°48'16" WEST ALONG SAID NORTH LINE OF SECTION 12, A DISTANCE OF 1305.75 FEET TO THE NORTHWEST CORNER OF SAID SECTION 12; THENCE RUN SOUTH 00°28'56" WEST ALONG THE WEST LINE OF SAID SECTION 12 A DISTANCE OF 5717.70 FEET TO POINT OF BEGINNING. LESS AND EXCEPT THE WEST 112.5 FEET THEREOF. SANDRA R. KAHLE PARCEL, COMMITMENT NO. 1698406 PARCEL 1A: THE NORTH 1759.15 FEET OF THE SOUTH 3505.77 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT THE NORTHWEST CORNER OF SECTION 13, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 00°26'33" EAST, ALONG THE SECTION LINE A DISTANCE OF 439.89 FEET; THENCE RUN SOUTH 89°33'02" EAST ALONG THE CENTERLINE OF A 20 -FOOT WIDE DITCH, A DISTANCE OF 1293.03 FEET; THENCE ALONG THE CENTERLINE OF A 25 -FOOT WIDE DITCH, RUN NORTH 00°36'23" EAST 5723.49 FEET TO A POINT ON THE NORTH LINE OF SECTION 12, TOWNSHIP 32 SOUTH, RANGE 38 EAST; THENCE RUN NORTH 89°48'16" WEST ALONG SAID NORTH LINE OF SECTION 12, A DISTANCE OF 1305.75 FEET TO THE NORTHWEST CORNER OF SAID SECTION 12; THENCE RUN SOUTH 00°28'56" WESTALONG THE WEST LINE OF SAID SECTION 12 A DISTANCE OF 5717.70 FEET TO POINT OF BEGINNING. LESS AND EXCEPT THE WEST 112.5 FEET THEREOF. SHOP PROPERTIES LLC PARCEL, COMMITMENT NO. 1698412 PARCEL3A: THE SOUTH 1746.63 FEET OFTHE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT THE NORTHWEST CORNER OF SECTION 13, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 00°26'33" EAST, ALONG THE SECTION LINE A DISTANCE OF 439.89 FEET; THENCE RUN SOUTH 89°33'02" EAST ALONG THE CENTERLINE OF A 20 -FOOT WIDE DITCH, A DISTANCE OF 1293.03 FEET; THENCE ALONG THE CENTERLINE OF A 25 -FOOT WIDE DITCH, RUN NORTH 00'36'23" EAST 5723.49 FEET TO A POINT ON THE NORTH LINE OF SECTION 12, TOWNSHIP 32 SOUTH, RANGE 38 EAST; THENCE RUN NORTH 89°48'16" WEST ALONG SAID NORTH LINE OF SECTION 12, A DISTANCE OF 1305.75 FEET TO THE NORTHWEST CORNER OF SAID SECTION 12; THENCE RUN SOUTH 00°28'56" WEST ALONG THE WEST LINE OF SAID SECTION 12 A DISTANCE OF 5717.70 FEET TO POINT OF BEGINNING. LESS AND EXCEPT THE WEST 100 FEET THEREOF. LMNR GROVES PARCEL, COMMITMENT NO. 1698415 A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, THE BOUNDARY OF SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 32 SOUTH, RANGE 38 EAST, RUN SOUTH 00 DEGREES 26 MINUTES 33 SECONDS WEST, ALONG THE SECTION LINE A DISTANCE OF 439.89 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE DESCRIBED HEREIN; THENCE RUN SOUTH 89 DEGREES 33 MINUTES 02 SECONDS EAST ALONG THE CENTERLINE OF A 20 FOOT WIDE DITCH, A DISTANCE OF 1293.03 FEET; THENCE ALONG THE CENTERLINE OF A 25 FOOT WIDE DITCH, RUN SOUTH 00 DEGREES 36 MINUTES 23 SECONDS EAST, 901.25 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE RUN NORTH 89 DEGREES 18 MINUTES 18 SECONDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF 1290.46 FEET TO THE WEST LINE OF SAID SECTION 13; THENCE ALONG SAID SECTION LINE, RUN NORTH 00 DEGREES 26 MINUTES 33 SECONDS EAST, 895.71 FEET TO THE POINT OF BEGINNING. 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