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Home My WebLink About2006-016 Dov - D /6 ORDINANCE NO , 0-05-20 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA , PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 3 . 3 ACRES , MORE OR LESS , NORTH OF COUNTY ROAD 512 AND SOUTH OF THE TRANS-FLORIDA- CENTRAL RAILROAD BEING A PART OF SECTION 22 , TOWNSHIP 31 SOUTH , RANGE 38 EAST; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION ; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE , WHEREAS , S & S Enterprises, Inc . /FLP #2 , LLC , the owner of the parcel of property 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 finds and determines that the land proposed to be annexed is contiguous to 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 Sebastian, Florida, finds and determines that the annexation of said parcel is in the best interest of the City ; 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 City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real property : SEE ATTACHED SCHEDULE A As shown in the map attached as Exhibit " A" , containing 3 . 3 acres more or less . 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 . CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed . Section 5 . 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 provision . Section 6 . EFFECTIVE DATE. Following its adoption this Ordinance shall become effective upon recordation of a deed of dedication for right-of-way as per the attached Exhibit ` B " , so long as such recordation occurs with 45 days of passage hereof. The foregoing Ordinance was moved for adoption by Councilmember N e g l i a The motion was seconded by Councilmember Monier and, upon being put to a vote, the vote was as follows : Mayor Nathan B . McCollum a y e Vice-Mayor Brian Burkeen - aye Councilmember Lisanne Monier a y e Councilmember Andrea Coy a y e Councilmember Sal Neglia a y e The Mayor thereupon declared this Ordinance duly passed and adopted this 14th day of December, 2005 . AT CITY OF SEBASTIAN FLORIDA BY, Sally A. M io, MMC Mayor Nathan B . McCollum City Cle Approved as to form and legality for reliance by the City of Sebastian : o , Rich Stringer, City Attorne - x K alIza11foa croi plon� a -20Z , brans 71s . sa ' 137 47 ' oTax parcel p0001 / 131 - � L 00001 - 0000 - 47 -' Y VIA v � TAX PARCEL N ID# 22 - 31 - 38 - 00001 - 00 0N- 00002 / 1 AX ACT # 810240 �ee Z4 � 0 r4 Y,Q LOT 4 LOT 3 LOT Seea 18 6 Sy yx lbs ' 1351 s 706 . 9 ' CR 512 (95th Street) 0 l SCHEDULE " A " De8cription of Survey Site DESCRIPTION AS RECORDED IN OFFICIAL RECORDS BOOK 1186, PAGE 178, INDIAN RIVER COUNTY, FLA, PUBLIC RECORDS That part of the East 706 . 40 feet of the North one half of - the Southeast quarter of Section 22 , Township 31 South , Range 38 Easf, North of State Road 512 lying South of the Trans — Florida — Central - Railroad , Indian River County , Florida , known as Lots 1 , 2 ; 3 , & 4 ' of the the ( PARCEL 1 ) Romar Subdivision according to plat thereof filed in Plat * Book 10 , Page 31 , Records of Indian River County , containing 4 .091 . acres more or less , LESS AND EXCEPT all of Lot 1 and. the East 50 ' of Lot 2 . TOGETHER WITH DESCRIPTION PROVIDED BY CLIENT The Northerly 50 feet of Tract "A" , Lot 1 , and Lot 2 , . Romar Subdivision as recorded in Plat Book 10 , Page 31 , of the Public Records of Indian River County, Florida , described as follows : ( PARCEL 2) Commencing at the Southeast corner of saiq Lot 1 , run North 00' 10 ' 00 " West , 261 . 28 feet along the Westerly limit of - Waterview Avenue to . the POINTOF BEGINNING ; thence from a point of beginning so fixed , South . ,. 80 30 58 West, 253 . 34 feet along a line parallel to the Southerly .Richt— of—Way of abandoned Trans Florida Central Railroad ; thence North 00' 10 00 " West , 50 . 00 feet; thence North. 80' 30 ' 58 " East , 253 . 34 feet along the Southerly Right — of— way line of the abandoned Trans Florida Central Railroad ; thence South 00' 10 ' 00 " East, 50 . 00 feet to the POINT OF BEGINNING . i4 : 08 ' i' 27753b1i' . MB'V ENGINEERING PAGE 02 / 02 ; 51am From- T452 P . 02h2 F- 399 Sam L. Borkman, Chruman DIRECTORS Thomas A., Vani, President ) ill S. crouch RDbert A. Patrin, VF/Tensurer Catherine S . doshom Laura MoffeM Secrera4 Jan S. Jakubeiri FOUNDERS Pletcher 6e Leild Shcraff 7�7�7 + + y� �+ �+ INCe S. Porter Bernnrd & LWonn Simpkit A ENTERPRISES,�GRP.4� ISES� LY +�.� . Harry A. Jon.et, flsq. Dece'mbe'r 14, 2005 Mr, Tire Davis IRC Public Works Director FSE : Crossroads Plaza Parcel ID 22,31 -3M000It -0000»00002 . 1 DC r Mx- 'DPiNnc$ L Torn Trani, being the authorized repmsenta.'dve for ownership of the subi ect nrnrit�m,, agme that we wili dedicate 12 teet of fight-of way, as depicted on the survey sketch and description previously provided to the county, as a condition of approval of the rquestcd annexation into the City of Sebastian. It is our understanding that the county must create . a deed for the provided description, whica we agree to execute within seven (7) clays of receipt from, the county, which wr, understand would be provided to us within thirty (30) days of annexation approval . Plcase. be aware that we have clear title to this property. Should YO'U have any questions regarding this matter, please Contact us . Sin ly, , To Vani Crossroads Plaza of Sebastiaai, LLC L �I 400 High Point Drive , Sure 500 Cocoa, Florida 32926 Telephone : 311 /63604200 pax: M/6364406 � � rf Deed of Dedication of Right-of-Way Recorded in Book 1981 , Page 1766- 67y aIN Of SEBASTIAN] HOME OF PELICAN ISLAND January 24, 2006 The Honorable Jeffrey Barton Clerk of Circuit Court 2000 16th Avenue Vero Beach, FL 32960 RE: Ordinance No. 0-05-20 — S & S Enterprises Annexation Request Dear Mr, Barton . At the December 14th, 2005 Regular City Council meeting , Sebastian City Council adopted Ordinance No . 0-05- 20 relating to the annexation of 3 . 3 acres located in Crossroads Shopping Plaza . Please do not hesitate to contact the City Attorney, Rich Stringer, at 388-8201 if you have any questions regarding this annexation . Sint6rely, - Sally A . Myo, MMC City Clerk Enclosure �4 JAN 3 0 2006