HomeMy WebLinkAbout1992 10 28 - R-92-42 signedRESOLUTION NO.
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, ACCEPTING THE
DEDICATION OF A PORTION OF THAT CERTAIN RIGHT-
OF-WAY KNOWN AS THE SOUTH FLEMING STREET
LOCATED WITHIN THAT CERTAIN SUBDIVISION KNOWN
AS CHESSER'S GAP; ACCEPTING IMPROVEMENTS TO
SAID RIGHT-OF-WAY FOR ALL PURPOSES; PROVIDING
FOR RECORDING IN THE OFFICIAL RECORDS IN AND
FOR INDIAN RIVER COUNTY, FLORIDA; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Sebastian General Partnership, B.F.T., a Florida
general partnership (the "Partnership") has dedicated that certain
right-of-way known as the South Fleming Street, within that certain
subdivision known as Chesser's Gap, to the public; and
WHEREAS, improvements have been made to said right-of-way in
accordance with the design specifications for said right-of-way,
and in accordance with all applicable ordinances of the City of
Sebastian; and
WHEREAS, the City engineer, for the City of Sebastian, has
certified to the City Council that the right-of-way and
improvements thereon meet all necessary requirements for acceptance
by the City of Sebastian; and
WHEREAS, the Partnership has made application to the City for
acceptance of the South Fleming Street right-of-way and the street
improvements thereon; and
WHEREAS, the Partnership has provided to the City of Sebastian
a one (1) year warranty for said improvements as to material and
workmanship; and
WHEREAS, it is in the best interest of the City of Sebastian
to accept said right-of-way and improvements for all purposes,
including maintenance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. The City Council of the City of Sebastian
hereby accepts that certain right-of-way, and all improvements
thereon, known as the South Fleming Street, within that certain
subdivision known as Chesser's Gap, and more particularly described
as follows:
Commencing at the intersection of the Southerly right-
of-way of County Road 512 and the West line of the
northeast quarter of Section 13, Township 31 South, Range
38 East, run North 38010137" East, along aforesaid right-
of-way, 348.26 feet to the Point of Beginning. Continue
North 38010137" East, 80.00 feet; thence South 51049123"
East, 925.00 feet to a point of curvature concave
Northeasterly, having a radius of 700.00 feet; thence run
Southeasterly, 244.35 feet along the arc of said curve
through a central angle of 20000100"; thence South
71049123" East, 530.00 feet to the point of curvature of
a curve concave Northeasterly, having a radius of 600.00
feet; thence run Southeasterly, 115.19 feet along the arc
of said curve, through a central angle of 1100010011;
thence South 82049123" East, 162.88 feet; thence South
00001127" East, 80.64 feet; thence North 82049123" West,
172.98 feet to the point of curvature of a curve concave
Northeasterly, having a radius of 680.00 feet; thence run
Northwesterly, 130.55 feet along the arc of said curve
through a central angle of 11000100"; thence North
71049123" West, 530.00 feet to the point of curvature of
a curve concave Northeasterly, having a radius of 780.00
feet; thence run Northwesterly, 272.27 feet along the arc
of said curve, through a central angle of 20000100";
thence North 51049123" West, 925.00 feet to the Point of
Beginning.
All the above situate in Indian River County, Florida.
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SECTION 2. This resolution shall be recorded in the
official records in and for Indian River County, Florida upon
adoption by the City Council of the City of Sebastian.
SECTION 3. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
SECTION 5. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilmember ��.� The motion was seconded
by Councilmember f/� and, upon being put
into a vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice -Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember George G. Reid
Councilmember Peter R. Holyk
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The Mayor thereupon declared this Resolution duly passed and
adopted this C2 day of 001bk�- , 1992.
ATT T:
r
Kathryn./M. O'Halloran,
CMC/AAE, City Clerk
(SEAL)
Appro s to F ontent:
Charles Ian City Attorney
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CITY OF SEBASTIAN, FLORIDA
• onnie R. wel , Mayor