HomeMy WebLinkAbout1992 03 11 - R-92-14 Signed (2)t
RESOLUTION NO. R-92-14
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO THE
ACCEPTANCE OF A FINAL SUBDIVISION PLAT;
ACCEPTING THE FINAL PLAT OF CHESSERS GAP
SUBDIVISION, PHASE I, CONSISTING OF 15.02
ACRES, MORE OR LESS, LYING IN SECTION 13,
TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA;
DIRECTING THE MAYOR TO SIGN THE PLAT AND ANY
OTHER SUPPLEMENTAL DOCUMENTS AND AGREEMENTS ON
BEHALF OF THE CITY; DIRECTING THE CITY CLERK
TO PRESENT THE PLAT TO THE CLERK OF THE
CIRCUIT COURT FOR INDIAN RIVER COUNTY,
FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Sebastian General Partnership, B.F.T., a Florida
general partnership (the "Partnership") owns certain real property
located within the corporate limits of the City of Sebastian; and
WHEREAS, the Partnership desires to develop a subdivision on
a portion of its real property lying in Sebastian, Indian River
County, Florida; and
WHEREAS, the Partnership has submitted a proposed final plat
to the City for its approval; and
WHEREAS, the final plat submitted meets all requirements as
set forth in Section 20A -16.4C of the Land Development Code of the
City; and
WHEREAS, the final plat bears a Certificate of Dedication,
Certificate of Title, and Certificate of Surveyor; and
WHEREAS, the Partnership has submitted a statement to the City
indicating that the required improvements are to be completed after
recording of the final plat; and
qv- 6)16
WHEREAS, the Partnership has filed with the City surety
documents guaranteeing that such improvements will be installed and
has otherwise complied with all other requirements of Section 20A -
16.4C; and
WHEREAS, the final plat has been approved by the City Engineer
and the City Attorney; and
WHEREAS, all other conditions precedent to approval of the
final plat have been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. PLAT APPROVAL. The final plat of Chessers Gap
Mall, as prepared by James A. Fowler, a Florida registered
surveyor, bearing Certificate of Dedication dated June 19, 1991,
is hereby approved due to its compliance with Section 20A -16.4C of
the Land Development Code of the City of Sebastian.
Section 2. SIGNING OF THE PLAT. The Mayor is directed to
sign the final plat and all other supplemental documents and
agreements on behalf of the City.
Section 3. RECORDING OF THE PLAT. The City Clerk is directed
to present the final plat to the Clerk of the Circuit Court for
Indian River County, Florida, for recording in the Public Records
of Indian River County, Florida.
Section 4. CONFLICT. All resolutions or parts of resolutions
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
2
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 6. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilman
The motion was seconded by Councilman
and, upon being put into a vote, the vote
was as follows:
Mayor W.E. Conyers --
vice -Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George G. Reid Ct�49
The Mayor/thereupon declared this Resolution duly passed and
adopted this /�` day of , 1992•
CITY OF SEBASTIAN, FLORIDA
ATTEST: WEE. onyers, Mayor
Kathr M. -O'Halloran,
-CMC/ E, City Clerk
(SEAL)
Approve as to Form and Content:
Charles Ian Nash,
City Attorney
3