HomeMy WebLinkAbout1985 - Abandonment Roadways Wauregan Subdivision RoadsCollins, Brown, Caldwell & Carter
CHARTERED
ATTORNEYS AT LAW
PAUL D. BURCH-1934-19]6
GEORGE G. COLLINS. JR.
CALVIN B. BROWN
WILLIAM W. CALDWELL
BURNEYJ.CARTER 1
APR 2 2 13KJ
Mrs. Debra Krages, City Clerk
City of Sebastian
P. 0. Box 127
Sebastian, FL 32958-0127
April 18, 1985
Re: Proposed annexation, Lot 25 (portion)
Wauregan Subdivision
Dear Mrs. Krages:
PLEASE REPLY TO'.
D P.O. BOX 3686
744 BEACHLAND BOULEVARD
VERO BEACH, FLORIDA 32960
MIS 231 4343
D P.O. BOX 266
221 NORTH U.S. NO, I
SEBASTIAN, FLORIDA 32958
305-589-3156
I would like to take this opportunity to thank you for forwarding
to us the annexation information requested. In addition to the
annexation we will be requesting, we will also be filing for
abandonment of certain roadways.
In order to accomplish this, we will require the appropriate forms
for abandonment of roadways.
Thank you for your consideration.
Si er ly
George . . Collins, Jr.
GGC, Jr./mg
cc: Thomas Palmer, Esq.
110
City of Sebastian
Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958.0127 Deborah C. Kragen
Mayor TELEPHONE (305) 589-5330 City Clerk
April 23, 1985
Mr. George G. Collins, Jr.
Collins, Brown, Caldwell & Carter
Attorneys At Law
Post Office Box 3686
Vero Beach, Florida 32960
RE; Proposed annexation, Lot 25 (portion)
Wauregan Subdivision
Dear Mr. Collins:
In response to your request, dated April 18, 1985, regarding
the abandonment of certain roadways, for the above referenced.
Please be advised that there are no forms, to be completed,
or fee schedule. I have reveiwed your previous file and it
appears that you paid a standard fee of twenty five ($25.00)
dollars, for an abandonment, submitted a certified State of
Florida registered surveyors survey, indicating the proposed
abandonment of the property, along with a Letter requesting
the same. I have no objections to the same procedure being
followed provided you and your client are agreeable to reimburse
the city for any direct cost incurred above the standard fee
of twenty five ($25.00) dollars.
Should you have any questions please feel free to contact me.
Very truly yours,
)'
Deborah C. Krages
City Clerk
Collins, Brown, Calldwell & Carter
CHARTERED
ATTORNEYS AT LAW
PAUL D. BURCH - 1934 - 1976
PLEASE REPLY TO:
❑ P.O. BOX 3686
744 BEACHLAND BOULEVARD
GEORGE G. COLLINS. JR.
CALVIN B. BROWN
VERO BEACH. FLORIDA 32960
30S-231-4343
WILLIAM W. CALDWELL
BURNEY J. CARTER
D P O. BOX 266
221 NORTH U.5. NO, 1
SEBASTIAN, FLORIDA 32958
305.509-3156
June 3, 1985 9 �1U! Q ,�
Cb !� ^� a
414
Deborah C. Krages � � x� -
City Clerk
City of Sebastian
P. O. Box 127
Sebastian, FL 32958-0127
Re: Wauregan Subdivision
Dear Mrs. Krages:
Our firm represents Edgar Schlitt, Trustee, the owner of Lots 22,
23, 24 and 25 and Blocks 55, 56, 57, 58, 59, 60, 61, 62 and 64 all
lying in Wauregan Subdivision east of the Florida East Coast
Railway and West of Highway U. S. 1. I am enclosing a copy of the
sketch of survey prepared by Carter & Associates. The City of
Sebastian is currently considering a rezoning application
affecting Lot 25 and Blocks 610 62 and 64.
Several years ago the City of Sebastian vacated a portion of the
streets lying between Blocks 54 and 53 with a final hearing held
April 7, 1982. Since my client owns all the property in the block
described above and the property has not been developed, we are
now filing a request to vacate all the streets located on the
survey in red. The vacation will allow the property to be
developed uniformly and will not have any detrimental effect on
the City of Sebastian or the public. The description of the
streets desired to be vacated are as follows:
(a) That portion of Chesnut Street lying between Blocks 53 and 56
crossing Brevard Avenue and lying between Blocks 54 and 55.
(b) That portion of Spruce Street lying between Blocks 56 and 57
crossing Brevard Avenue lying between Blocks 55 and 58.
(c) That portion of Oak Street lying betwen Blocks 57 and 60
crossing Brevard Avenue lying between 58 and 59.
Deborah C. Rrages
June 3, 1985
Page 2
(d) That portion of Walnut Street lying between Blocks 60 and 61
crossing Brevard Avenue, lying between Blocks 59 and 62.
(e) That portion of Orange Street lying between Blocks 61 and 64
crossing Brevard Avenue lying between Blocks 62 and 63
terminating at the intersection of the east right of way line
of the Florida East Coast Railway.
(f) That portion of Wauregan Avenue whose north boundary being an
extension of the north line of Lot 22 and the south boundary
being an extension of the south line of Lot 25 which portion
of Wauregan Avenue abuts Lots 22 through 25 on its east and
Blocks 56, 57, 60, 61 and 64 on its west.
Lastly, I am enclosing a copy of the original plat for Wauregan
Subdivision for your reference and review.
Along with this, you will find our check in the amount of $25.00
representing the filing fee. I will be glad to meet with the
appropriate City officials to discuss this matter.
Sincere ,
Geor a G. Collins, Jr.
GGC, Jr./mg
Enclosures
cc: Thomas Palmer, Esq.
John Moore
Edgar Schlitt
Collins, Brown, Caldwell & Carter -Chartered
ATTORNEYS AT LAW
P. 0. Box 3686, Beach Station
VERO BEACH, FLORIDA 32960
10917
63.523
670
DOLLARS
DATE 7p THE ORDER OF ceccx CLIENT OR E%PLANATION AMOUNT
NUM ER I
917 i. ti4
TRUST ACCOUNT r-
0 s, Brown, Caldwell & Carter -Chartered
FIRST BANNERS OF INDIAN RIVER COUNTY-VERO BEACH. FLA
1:06?DOS 2391: 1645960 31i'
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RECEIVED FR
N0, 446
— t1 19�'_
DOLLARS
V 5, o� 0 .3/D U
Account Total FR (�
Amount Paid fa
Elalanca OLIa 8B
"1'11A Affig Ott14INVAjl*0"R IYGT
a
ewA
Cite of ' Sebmtian
Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Deborah C. Krages
Mayor TELEPHONE 1305) 589-5330 City Clerk
June 6, 1985
T0: Tom Palmer ,p
City Attorney /� �L
FROM: Debbie Kreger s/`
City Clerk
RE: Abandonment of platted sub -division
M E M 0
Attached, please find a copy of Florida Statute 163.280
regarding the above referenced.
d
Ch. 163 INTERGOVERNMENTAL PROGRAMS_ F.S. 1863
Head in the state that is satisfactory to the governing
body, payable to such governing body in sufficient
amount to assure the completion of all required im-
provements and providing for and mounting to the
public the actual construction and inmtallalion of
ouch improvements within a period required by the
commission and expreamed in the bund. AH a further
alternative to the provisions tila surety bund, such
regulations may provide, in lieu ol'such surety bond,
for a deposit of cash in an escrow account or such
other collateral as thegoverning licitly may deem red
sonibhe and proper whereby file governing Ludy im
put in a position to provide reasonable assurances fur
completion til' the required improvements. In any
event, the commission is hereby granted the power to
enforce such bonds, locality deposits fir tither collat-
eral agreements by appropriate legal proceedings.
History. -.. 23, ih. tim i3o.
163.275 Subdivision regulations; penalties
for transferring lots in unrecorded subdivisions.
--When a governing body ham adopted mubdivisiun
lregulations in accord with this act, it shall he unlaw-
uI for anyone who is the I,wocr or agent of the Owner
of any land to transfer, mull, agree to sell, or negotiate
to well much land by reference to, exhibition til' or oth-
er use of a plat of a subdivision of much land without
having submitted a plan and plat ol'such subdivision
for approval nn required by this act and without hav-
ing recorded the approved subdivision plat am re-
quired. If such unlawful use be made of a plat before
it in properly approved and recorded, the Owner or
agent of the owner of such land shall be guilty of a
misdemeanor til' the first degree, punishable as pro-
vided in a. 775.082 or a. 775.061. The governing body
through its legal repremontative may enjoin much
transfer, mule, or agreement. Failure to comply with
the provisions of this section shall nut impair the title
of land so transferred or affect the validity of the title
conveyed. However, a purchaser of land sold in voila.
lion of this section shall, within I year from the date
of purchase theretif, lis entitled to bring an appropri-
ate action to avoid such male or to bring action against
the seller for any damaged which he suffers as a result
of the seller's unlawful act, or both.
History. . re, d, my lad,• M., I. 'll Lan
163.260 Subdivision regulations; reversion
of subdivided land to acreage.
(1) The owner of any land subdivided into lots
may file for record a plat for the purpose of showing
such land no acreage. Such plat and the procedure in
connection therewith shall conform to the require-
ments of thin act, regulationm adopted pursuant
thereto, and chapter 177, except that:
(a) No survey fir certificate of any surveyor or an-
t�yer shall be required. However, the governing
body may require a survey of the exterior boundaries
of the land and the placing of suitable monuments
along such boundaries if it finds that the last preced-
ing survey of record is faulty or inadequate or that in-
sufficient monuments are in position along such
boundaries.
(b) No improvements shall be required, except
such as may be necessary to provide equivalent ac-
cess, as provided hereafter in this section.
(c) No findings need be made as to the suitahility
(of the land or as to the provision of public facilities
and services for it.
(2) The governing hotly may, on its town motion,
order the vacation and reversion to acreage oh' all or
tiny part til' a subdivision within its jurisdiction, in-
cluding the vacation of streets or other purrehs Of
land dedicated for public purposes or any of such
streets or other parcels, when:
(a) The plat of the subdivision was recorded an
provided by law nut Iess than 5 years before the date
of such firtioo; mad
(b) In the sulmliviHiun or part there'll, not more
than Ill percent -J' the total subdivision area has been
sold as lots by tips original subdivider or his successor
in title.
Such action shall be bused on a finding by the gov.
erring body or by its accredited representative for
the approved of subdivision plain that the proposed
vacation and reversion to acreage tit subdivided land
conforms to the cuo,prthenaive plan of the area and
that the public houlth, safety, economy, comfort, or-
der, convenience, and welfare will be promoted there-
by. Before acting un a proposal for vacation and re.
version (if subdivided hold to acreage, the governing
body or rte accredited repreaentalive shall hold it
public hearing thereon, with due public notice.
CMM 11' land in a mulslivision or part thereof is
proposed fur reversion lu acreage, either atthe in-
stance of lite governing Isaly or by filing a plat by the
owner, and such land ie subject to existing zoning
regulations, the governing body shall, upon recum.
mendutiOn of the commission or other board or com-
mission dealing with the recommendations as to zon-
ing, where much agency exists concurrently with the
proceedings for vacation suit reversion lu acreage, or
for consideration of an fiction un such plat, couducl,
proceedings for such amendment of such zoning reg.
U111601lm am may be deemed advisable in view of the
conditions that will exist subsequent to such rever-
sion to acruage.
(b) No owner til' any parval til' land in a mubdivi
cion Shull be deprived by the reversion to acreage of
any part Of the subdivision of re nainuble accepts to
such panel nor of reasonable uccesm tharelrom to ext
opting lucihlies to which such parcel find theretofore
had access. Such access remaining or provided after
such vacation need not he the same ad that thereto-
fore existing, but shall be reasonably equivalent
thereto.
History. . 2h, aL. do tad.. Ito, rips WNA
163.265 Subdivision regulations; erection of
buildings adjacent to unapproved streets. --hl
any area in which a commission hum been establiahetl
Hud made the accredited representative til' the nv-
cnung body for the purpose of pial approval and (lir
whichh a comprehensive plan, or such portion of a
comprehensive plan so relates In the major street
plan, heal leen adopted, the following limitation shall
apply concerning erection til' buddinga adjacent to
unapproved streets: No building shall Ire erected on a
lilt or parcel of land within the area, nor shall any
building permit he issued therefor, unless the street
giving access to the lot or parcel on which such build -
612
F.S. 1983 INTERGOVERNMENTAL PROGRAMS
ing is proposed to be placed line been accepted and
opened as a public street, has otherwise received the
legal status of a public street, has been accepted by
the governing body and is shown on a recorded nubdi-
visiun plat, or is a private street dedicated for the use
of certain Iota or parcels but not accepted for mainte-
nance by the governing body nor available for use by
the public.
111.1ory. . N, rh, 09.1:19:. 11. rh. Mn V-14
163.290 Subdivision regulations; delegation
of authority to other governmental agencies.
-- Nothing contained in this ad shall prevent the
governing body from assigning part or all of the pow-
ers and duties described inns. 163.2011 to 163.280 to
agencies other than the commission. Governing bod-
ies are hereby empowered to make much assignment
of part or all of such powers and duties for the pur-
pose of carrying out and enforcing the provisions of
sm. 16:1.260 to 163.286, relative W upproval of Rubdivi-
sion plans and plate and other matters contained
herein.
Ill.l..ry. . 27,,11 al I:III.
163.296 Building, plumbing, electrical, gas,
fire, safety, and sanitary codes ---The several
counties and incorporated municipalities, individual-
ly ur in combination am authorized by this act, are au-
thorized and empowered to adopt and, from time to
time, amend or revise and enforce building, plumb-
ing, electrical, gas, fire, safety, and sanitary codes af-
ter a public hearing with due public notice. Such
codes are declared to be necessary to promote and
preserve the public health, safety, comfort, order, ap-
pearance, convenience, murals, and general welfare.
Such codes are declared to he one of the several in-
strumentH for implementing much comprehensive
plans or parts thereof as may have been or hereafter
may be adopted. Such codes may be adopted by ref-
erence if at least three copies of each such code are
kept available for public use, inspection, and exami-
nation at some public office under the jurisdiction of
the governing hady to he determined by the govern-
ing Moly at the time of the adoption of such code or
codes. The penalty provisions for the violation of
such codes shall he set out in full in the ordinance
adopting the code or codes. The provisions of this
section shall not he interpreted to authorize the
adoption and enforcement of any minimum housing
code or public school building codes.
IlbinrY - .. 2M, rh. fa CIU.
163.300 Fees and chargee; employment of
personnel.—
(1) The several counties and incorporated munic-
ipalit.ieH of thin state, individually or in combination
am authorized by this act, are empowered to deter-
mine and eel equitable fees and charges for the Rer-
vices and activities necessary to the adminiRtration of
any ordinance or regulation enacted pursuant to this
act.
(2) The several counties anti incorporated munic-
ipalities of this state, individually or in combination
as authorized by this act, are empowered to employ
personnel of the type and kind necessary to adminin-
Ch. 103
ter and enforce any ordinance or regulation enacted
pursuant to this act.
Ilblory.-*. 29. A e9119.
163.306 Enforcement of ordinances and reg-
ulations. –The governing body shall provide by or -
(finance for the enforcement of any ordinance or reg-
ulation enacted tinder the provisions of thin act.
When appropriate, violation of any ordinance or reg-
ulation passed under this act may be deemed a mio-
demeanor, punishable as provided by law. The gov-
erning body may hove recourse to such legal remedies
as may be necessary to insure compliance with the
provision of any ordinance or regulation enacted purr
ouant to this act.
111.1.,Y... 111, rh. 611 1:19.
163.310 Construction.—Thio act shall be liber-
ally construed to promote the purposes for which it is
intended except for the penalty provisions, which
shall be strictly construed against the commission or
governing Indy.
Ill.wry. . :I I, h. ss 1:19
163.316 Effect of act on existing planning
and plan Implementation authorization.—
(1) A county or incorporated municipality, jointly
or individually as set out in this act, desiring to uti-
lize the provisions of this act must take formal suit-
able action declaring its election to proceed under the
provisions of this act. Any county or incorporated
municipality which, prior to September 1, 1969, had
the authority t41 engage in planning and plan imple-
mentation from whatever source derived may contin-
ue to operate under such preexisting authority until
the governing body of Ruch county or incorporated
municipality shall declare thin act to be effective
therein.
(2) Any municipal or county ordinance legally en-
acted under the provisions of any such preexisting
power and authority shall remain in force and effect
after thin act becomes effective until the county or
municipality has elected W proceed under the provi-
sions of thin act and has brought such resolution or
ordinance into conformity with the provisions of this
act. However, after this act becomes effective in any
county or municipality, such resolutions and ordi
nances shall he administered under the provisions of
this act, and any amendments to any such county or
municipal ordinance shall be made under the provi-
sions of this act.
H1.tor, .:11, ch. 69 1:19.
163.3161 Short title; intent and purpose.—
(1) 'Thio act shall be known and may be cited as
the "Local Government Comprehensive Planning Act
of 197fi."
(2) In conformity with, and in furtherance of, the
purpose of the Florida Environmental Land and Wa-
ter Management Act of 1972, chapter 380, it is the
purpose of this act to utilize and strengthen the exist-
ing role, pr4wemsen, and powers of local governments
in the establishment and implementation of compre-
hanoive planning programs to guide and control fu-
ture development.
813
10111) /400hl\
MOSBY ROBBINS
AND ASSOCIATES, INC.
CONSULTING ENGINEERS
July 1, 1985
Mr. Harold Eisenbarth, Chairman
Planning & Zoning Commission
City of Sebastian
Post Office Box 127
Sebastian, Florida 32958
Subject: Wauregan Subdivision
Abandonment of the Subdivision Roads
City of Sebastian, Florida
Engineer's Project No. 84-113
Dear Mr. Eisenbarth:
1995 39TH AVENUE, SUITE D
P.O. BOX 6368
VERO BEACH. FLORIDA 32961
305-569-0035
We have reviewed the request to abandon the subdivision roads within
the Wauregan Subdivision as defined in the letter from Attorney
George G. Collins, dated June 3, 1985.
The roads requested to be abandoned lie within a parcel of land
entirely owned by one owner. These roads are currently undeveloped.
The portion of Wauregan Street to the north through the St. Helens
Church property has already been abandoned.
Based on our conversations with Attorney George Collins and evaluation
of the submitted data, we can recommend abandonment of the requested
"paper" roads as defined in Mr. Collins' letter.
Should you require further information, please call.
Very truly yours,
Randall L. osby
President
RLM:slt
City of Sebastian
Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Deborah C. Krages
Mdyor TELEPHONE (305) 589-5330 City Clerk
July 12, 1985
Deborah C. Krages
City Clerk
City of Sebastian
1225 Main Street
Sebastian, FL 32958
SUBJECT: REQUEST TO ABANDON CERTAIN PAPER STREETS,
WAUREGAN SUBDIVISION
Dear Mrs. Krages;
This is to inform you that at their Regular Meeting, Thursday, July 11, 1985,
the Planning and Zoning Commission passed a motion to recommend to the City
Council to approve a request to abandon the subdivision roads within the
Wauregan Subdivision as defined:
(a) That portion of Chesnut Street lying between Blocks 53 and
56 crossing Brevard Avenue and lying between Blocks 54 and
55.
(b) That portion of Spruce Street lying between Blocks 56 and
57 crossing Brevard Avenue lying between Blocks 55 and 58.
(c) That portion of Oak Street lying between Blocks 57 and 60
crossing Brevard Avenue lying between 58 and 59.
(d) That portion of Walnut Street lying between Blocks 60 and
61 crossing Brevard Avenue, lying between Blocks 59 and 62.
(e) That portion of Orange Street lying between Blocks 61 and
64 crossing Brevard Avenue lying between Blocks 62 and 63
terminating at the intersection of the east right of way
Zine of the Florida East Coast Railway.
(f) That portion of Wauregan Avenue whose north boundary being
an extension of the north line of Lot 22 and the south
boundary being an extension of the south line of Lot 25
which portion of Wauregan Avenue abuts Lots 22 through 25
on its east and Blocks 56, 57, 60, 61 and 64 on its west.
Deborah C. Hrages
July 12, 1985
Page 2
This recommendation to approve the request is subiect to the Planning and
Zoning Commission's Consulting Engineer, Randall Mosby, to review the City's
road easement along the Florida East Coast Right of Way.
I have written to Mr. Mosby requesting this review, and will forward a copy
of his findings to you when I receive them.
Thank you.
Very truly yours,
Brenda E. Schauman
Secretary/Planning and
Zoning Commission
cc P&Z Commission
Randall Mosby, Consulting Engineer
DATE RCVD.
TO COUNCIL
FIR: T AC�^:_ ". DA �:
FIRST
VOTE A'ES NAYS:
PUBLIC HEARING
SECOND READING
VOTE: A. - - - \ c,
City of Sebastian
Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Deborah C. Krages
Mayor TELEPHONE (305) 589-5330 City Clerk
July 12, 1985
Mr. Randall Mosby
Mosby -Robbins and Associates, Inc.
Consulting Engineers
Post Office Box 6368
Vero Beach. Florida 32961
RE: ABANDONMENT OF CERTAIN PAPER STREETS,
WAUREGAN SUBDIVISION
Dear Mr. Mosby;
At their Regular Meeting, Thursday, July 11, 1985, the Planning and Zoning
Commission passed a motion to recommend to the City Council approval of a
request to abandon certain paper streets in the Wauregan Subdivision.
The motion was passed subject to your review and findings regarding the
road easement, for the City, along the Florida East Coast Right -of -Way.
Enclosed is a copy of a letter I have sent to Deborah Krages, City Clerk,
and also copies of information you requested from the Saint Sebastian Church
Project.
Your assistance in this matter is greatly appreciated.
If you have any questions, please do not hesitate to contact me.
Very truly yours, �f
Brenda E. Schauman
Secretary/Planning and
Zoning Commission
cc P&Z Commission
City of Sebastian
Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32968.0127 Deborah C. Kragas
Mayor TELEPHONE (305) 589-6330 City Clerk
July 12, 1985
Mr. Randall Mosby
Mosby -Robbins and Associates, Inc.
Consulting Engineers
Post Office Box 6368
Vero Beach, Florida 32961
RE: ABANDONMENT OF CERTAIN PAPER STREETS,
WAUREGAN SUBDIVISION
Dear Mr. Mosby;
At their Regular Meeting, Thursday, July 11, 1985, the Planning and Zoning
Commission passed a motion to recommend to the City Council approval of a
request to abandon certain paper streets in the Wauregan Subdivision.
The motion was passed subject to your review and findings regarding the
road easement, for the City, along the Florida East Coast Right -of -Way.
Enclosed is a copy of a letter I have sent to Deborah Krages, City Clerk,
and also copies of information you requested from the Saint Sebastian Church
Pro iect.
Your assistance in this matter is greatly appreciated.
If you have any questions, please do not hesitate to contact me.
Very truly yours, /
du-� /
�SZ
Brenda E. Schauman
Secretary/Planning and
Zoning Commission
cc P&Z Commission
City Clerk
George C. Collins, Jr.
Cit1) of Sebastian
Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Deborah C. Krages
Mayor TELEPHONE (305) 589.5330 City Clerk
July 15, 1985
Mr. George G. Collins, Jr.
Collins, Brown, Caldwell & Carter
P.O. Box 3686
744 Beachland Boulevard
Vero Beach, Florida 32960
RE: ABANDONMENT OF CERTAIN PAPER STREETS - WAUREGA14 SUBDIVISION
Dear Mr. Collins;
At their regular meeting, Thursday, July 11, 1985, the Planning and Zoning
Commission passed a motion to approve your request to Abandon Certain Paper
Streets in the Wauregan Subdivision.
This request was approved contingent upon a review by the Planning and Zoning
Commission's Consulting Engineer, Randall Mosby, on whether or not a road
easement would be in the best interest of the City of Sebastian.
Enclosed is a copy of a letter that I have sent to City Clerk, Deborah Krages,
and Consulting Engineer, Randall Mosby.
If I can be of any assistance to you, please do not hesitate to contact me
Very
y�truly yours,
Brenda E. Schauman
Secretary/Planning and
Zoning Commission
cc City Clerk
Consulting Engineer
P&Z Commission
AVON
City of Sebastian
Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Deborah C. Krages
Mayor TELEPHONE 13051 589-5330 Cny Clerk
July 12, 1985
Deborah C. Krages
City Clerk
City of Sebastian
1225 Main Street
Sebastian, FL 32958
SUBJECT: REQUEST TO ABANDON CERTAIN PAPER STREETS,
WAUREGAN SUBDIVISION
Dear Mrs. Krages;
This is to inform you that at their Regular Meeting, Thursday, July 11, 1985,
the Planning and Zoning Commission passed a motion to recommend to the City
Council to approve a request to abandon the subdivision roads within the
Wauregan Subdivision as defined:
(a) That portion of Chesnut Street lying between Blocks 53 and
56 crossing Brevard Avenue and lying between Blocks 54 and
55.
(b) That portion of Spruce Street lying between Blocks 56 and
57 crossing Brevard Avenue lying between Blocks 55 and 58.
(c) That portion of Oak Street lying between Blocks 57 and 60
crossing Brevard Avenue lying between 58 and 59.
(d) That portion of Walnut Street lying between Blocks 60 and
61 crossing Brevard Avenue, lying between Blocks 59 and 62.
(e) That portion of orange Street lying between Blocks 61 and
64 crossing Brevard Avenue lying between Blocks 62 and 63
terminating at the intersection of the east right of way
line of the Florida East Coast Railway.
(f) That portion of Wauregan Avenue whose north boundary being
an extension of the north line of Lot 22 and the south
boundary being an extension of the south line of Lot 25
which portion of Wauregan Avenue abuts Lots 22 through 25
on its east and Blocks 56, 57, 60, 61 and 64 on its west.
Deborah C. Krages
July 12, 1985
Page 2
This recommendation to approve the request is subject to the Planning and
Zoning Commission's Consulting Engineer, Randall Mosby, to review the City's
road easement along the Florida East Coast Right of Way.
I have written to Mr. Mosby requesting this review, and will forward a copy
of his findings to you when I receive them.
Thank you.
very truly yours,
•
,�e�44-
4 : �i
Brenda E. Schauman
Secretary/Planning and
Zoning Commission
cc P&Z Commission
Randall Mosby, Consulting Engineer
THOMAS C. PALMER
ATTORNEY AT LAW
P.O. BOX 145,1037 MAIN STREET, SEBASTIAN, FLORIDA 32958
305-589-75W
July 23, 1985
George G. Collins, Jr., Esq,
Collins, Brown, Caldwell & Carter
P.O. Box 3686
744 Beachland Blvd.
Vero Beach, Florida 32963
Re: Wauregan Subdivision - Street Vacation
Dear Joe:
Enclosed is a copy of a proposed Ordinance for the vacation
of the streets you mentioned in your letter of June 3. You did
not mention Brevard Avenue in your letter, but the layout drawing
showed Brevard avenue as being included so it is in the Ordinance.
The drawing refers to "Chesnut Street" and your letter refers
to "Chesnut Street." I think that street is "Chestnut Street", but
I'm not certain of the correct spelling. You may want to check this
spelling.
I£ you contact the City Clerk she will place this ordinance on
a city council meeting agenda.
If you have any questions, please give me a call.
Very truly yours,
Thomas C. Palmer _ ... ..-_.
Encl: Ordinance (proposed)
cc: Mayor Jim Gallagher
MOSBY - ROBBINS
AND ASSOCIATES, INC.
CONSULTING ENGINEERS
July 24, 1985
Mr. Harold Eisenbarth, Chairman
Planning & Zoning Commission
City of Sebastian
Post Office Box 127
Sebastian, Florida 32958
Subject: Abandonment of Certain
Wauregan Subdivision,
Engineer's Project No.
Dear Mr. Eisenbarth:
AWN
Paper Streets
Sebastian, Florida
84-113
1995 39TH AVENUE, SUITE D
P.O. BOX 6366
VERO BEACH, FLORIDA 32961
305-569-0035
We have reviewed the requirement for the 50 foot right-of-way
paralleling the Florida East Coast right-of-way as a condition of the
abandonment of certain streets within Wauregan Subdivision, as
defined in Ms. Brenda Schauman's letter dated July 12, 1985, to
Ms. Deborah C. Krages.
We have reviewed the documentation provided regarding Saint Williams
Catholic Church, located to the north of the subject project, and
the required dedicated 50 foot right-of-way imposed upon that site
plan approval. In addition, we have discussed this matter with the
past city engineer, Mr. Earl Masteller. Mr. Masteller indicated
that at the time of review of Saint Williams Catholic Church, it was
felt that a north/south road paralleling the railroad was necessary
due to the lack of knowledge of the property to the south.
After explaining to Mr. Masteller the single ownership and proposed
plans for the subject project, Mr. Masteller indicated that he could
see no reason to require a 50 foot right-of-way continuation to the
south.
After review of the above and the City of Sebastian's overall
thoroughfare plan, we see no reason to require this right-of-way as
a condition of the street abandonments.
Should you require further information, please call.
Ve�y91y yYsbyy
,
Randall L M
President
RLM:s1t
Collins, Brown, Caldwell & 'Carter
CHARTERED
ATTORNEYS AT LAW
PAUL D. BURCH-1934-19)6
GEORGE G. [OLEINS. JR.
CALVIN S. BROWN 11�
WILLIAM W. CALDWELL
BURNEV J. CARTER
d
JUL 26163
July 25, 1985
Thomas C. Palmer, Esq.
P. O. Box 145
Sebastian, FL 32958
Re: Wauregan Subdivision - Street Vacation
Dear Tom:
PLEASE REPLY TO.
� P O. BOX 3606
744 BEACHLAND BOULEVARD
VERO BEACH. FLORIDA 3296D
305.231-4343
n P O. BOX 266
221 NORTH U.5. NO. I
SEBASTIAN. FLORIDA 32958
305.5893156
Let me compliment you on the fine job you have done in preparation
of the vacation ordinance in Wauregan Subdivision. I agree with
your comments.
I believe the publication should also conform with Florida
Statutes §177.101 which requires not less than two weekly
publications.
By copy of this letter to the City Clerk, I am asking her to put
the matter on the City Council agenda subsequent to appropriate
advertisement.
My ;,z ndq(at-regards,
George1q. Cotllns, ur.
GGC, Jr./mg
cc: Mr. Edgar Schlitt
Mr. John Moore
Mrs. Deborah C. Krages, City Clerk
W er rumr� `Nr
Ciq of Sebastian
Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Deborah C. Krages
Mayor TELEPHONE (305) 589-5330 City Clerk
August 7, 1985
Mr. George G. Collins, Jr.
Collins, Brown, Caldwell & Carter
Post Office Box 3686
Vero Beach, Florida 32960
RE: Wauregan Subdivision - Street Vacation
Dear Mr. Collins:
Pursuant to the above referenced, please be advised that in
accordance with our phone conversation,the public hearing be-
fore City Council has been scheduled for September 11, 1985,
beginning at 7:00 p.m., in City Council Chambers, 1225 Main
Street, Sebastian, Florida.
Should you have any questions please feel free to contact me.
Very truly yours,
Deborah C. Krages
City Clerk
rol
NOTICE OF PUBLIC HEARING
The City Council of the City of Sebastian, Florida,
will hold a Public Hearing, on Wednesday, September ll,, 1985, at
7:00 p.m., in City Council Chambers, 1225 Main Street, Sebastian,
Florida, for the purpose of considering an Ordinance vacating
a portion of platted land known as the Wauregan Subdivision,
more specifically described herein:
AN ORDINANCE VACATING, ABOLISHING
AND ABANDONING CHESTNUT STREET,
SPRUCE STREET, OAK STREET, WALNUT
STREET, ORANGE STREET, BREVARD AVENUE
AND PART OF WAUREGAN AVENUE, ALL
WITHIN WAUREGAN SUBDIVISION) LYING
WEST OF U.S. HIGHWAY NO. 1 AND EAST
OF THE RAILROAD RIGHT OF WAY OF THE
FLORIDA EAST COAST RAILROAD, AND NORTH
OF LEMON STREET; PROVIDING AN EFFECTIVE
DATE.
All interested parties may inspect the proposed
ordinance in the office of the city clerk, city hall, and
may appear at the hearing and be heard with respect to the
proposed Ordinance. At the conclusion of the Public Hearing
or at a subsequent meeting, the Council may enact this Ordinance
into law. Anyone who may wish to appeal any decision which may
be made at this hearing will need to ensure that a verbatim re-
cording of the proceedings is made which record includes the
testimony and evidence upon which the appeal will be based.
PUBLISH:
Vero Beach Press Journal
August 28 & September 4, 1985
Sebastian Sun
Augus t 28 & September 4, 1985
Deborah C. Krages
City Clerk
City of Sebastian
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
:OUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
ays that he Is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
it Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
i 7W
inthematterof--Z.��/A.
'in the the ___. Court, wab pub
fished in said newspaper in the issues of f�c�//% 1?06-
�1cK.2Gm�Gt%�
U
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published In said Indian River County, Florida, each dally and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication In the said newspaper. )) oo��---
Sworn to and subscribe efo met - day of4S. 19 ass
( sin Manager)
(Clerk of the Circuit Court, Indian Wer County, Florida)
(SEAL)
NOTICE OF PUBLIC HEARING
The City Council of the City of Sebastian. Flor-
Ida, will had a Public Hearing, on Wednesday.
September 1t, 1856, 7700 P.M.. In the City Coun-
cil Chambers, 1225 Main Street, Sebastian. Flor-
Ida, for the purpose of conalderinp an Ordinance
vacating a portion of putted long known es the
Wauregsn Subdivision, more specifically do -
All interaeled parties may Inspect the pro -
sod ordinance in rho office of the city clerk,
y hall, and may appear at the hearing and be
At the Conclusion of the Public Hearing or at a
subsequent meeting, the Council may enact this
Ordinance Into law. Anyone who may with to do-
ppeeel any decision which may be made at this
hasrinpp will need to ensure that a verbatim
recording of the proceedings Is made which
record Includes the testimony and evidence
upon which the appeal will be based.
Deborah C. Kroger,
P.O. Box 1268 Telephone 562-2315
Vero Beach
Wcos 3journ,at
Vero Beach, Florida 32960
LEGA ADVERTISING
/a'' 7
,
Account # /1 eZi& Date f
Please return this statement with your payment.
r
NOTICE:
4/,,/
PUBLISHED:
�asf ud✓
City) of Sebastian
Jim Gallagher POST OFFICE BOX 127 O SEBASTIAN, FLORIDA 32958-0127
Mayor TELEPHONE (305) 589-5330
September 17, 1985
Mr. George G. Collins
Collins, Brown, Caldwell 6 Carter
P. 0. Box 3686
Vero Beach. Florida 32960
Dear Mr. Collins:
For your information and records, we are enclosing copy of the
following Ordinance No. 0-85-17, which was adopted by the City
Council on September 11 -
AN ORDINANCE VACATING, ABOLISHING, AND ABANDONING
CHESTNUT STREET, SPRUCE STREET, OAK STREET, WALNUT
STREET, ORANGE STREET, BREVARD AVENUE, AND PART OF
WAUREGAN AVENUE, ALL WITHIN WAUREGAN SUBDIVISION,
LYING WEST OF U.S. HIGHWAY NO. 1 AND EAST OF THE
RAILROAD RIGHT OF WAY OF THE FLORIDA EAST COAST
RAILROAD, AND NORTH OF LEMON STREET; PROVIDING AN
EFFECTIVE DATE.
The original has been sent
be recorded and a copy of
you when it is received by
LR
Enc.
to the Clerk of the Circuit Court to
the recordet3 ordinance will be sent to
US.
Very truly yours,
a4l,' C'.
Deborah C. Krages
City Clerk
Deborah C. Krages
City Clerk
City of Sebastian
Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Deborah C. Krages
Mayor TELEPHONE (305) 589-5330 City Clerk
September 20, 1985
The Honorable Freda Wright
Clerk..of the Circuit Court
Indian River County
P. 0. Box 1028
Vero Beach, Florida 32960
Dear Madam Clerk:
Enclosed is check No. 07403 in the amount of $42.00 to cover cost of recording the
following attached documents:
RESOLUTION NO. R-85-49 - ABANDONMENT OF EASEMENT BETWEEN WEST SIDE OF LOT 16 AND
THE EAST SIDE OF LOT 17, BLOCK 129, UNIT 4, SEBASTIAN HIGHLANDS, RECORDED IN
PLAT BOOK 15/100., INDIAN RIVER COUNTY.
RESOLUTION NO. R-85-50 - ABANDONMENT OF EASEMENT BETWEEN THE SOUTHEAST SIDE OF
LOT 25 AND THE NORTHWEST SIDE OF LOT 26, BLOCK 276, UNIT 10, SEBASTIAN HIGHLANDS,
RECORDED IN PLAT BOOK 16/37 H, INDIAN RIVER COUNTY.
RESOLUTION NO. R-85-51 - ABANDONMENT OF EASEMENT BETWEEN THE EAST SIDE OF LOT 4 AND
THE WEST SIDE OF LOT 5, BLOCK 53, UNIT 2, SEBASTIAN HIGHLANDS, RECORDED IN PLAT
BOOK 15/36, FNDTAM.'RIVER COUNTY.
RESOLUTION NO. R-85-52 - ABANDONMENT OF EASEMENT BETWEEN NORTHWEST SIDE OF LOT 25
AND SOUTHEAST SIDE OF LOT 26, BLOCK 280, UNIT 10, SEBASTIAN HIGHLANDS, RECORDED
IN PLAT BOOK 16/37 G, INDIAN RIVER COUNTY.
RESOLUTION NO. R-85-53 - ABANDONMENT OF EASEMENT BETWEEN NORTH SIDE OF LOT 1 AND
SOUTH SIDE OF LOT 2, BLOCK 77, UNIT 2, SEBASTIAN HIGHLANDS, RECORDED IN PLAT
BOOK 15 34. INDIAN RIVER COUNTY.
✓ ORDINANCE NO. 0-85-17 - AN ORDINANCE VACATING, ABOLISHING AND ABANDONING CHESTNUT
STREET, SPRUCE STREET, OAK STREET, WALNUT STREET, ORANGE STREET, BREVARD AVENUE,
AND PART OF WAUREGAN AVENUE, ALL WITHIN WAURECAN SUBDIVISION, LYING WEST OF U.S.
HIGHWAY NO. 1 AND EAST OF THE RAILROAD RIGHT OF WAY OF THE FLORIDA EAST COAST
RAILROAD, AND NORTH OF LEMON STREET; PROVIDING AN EFFECTIVE DATE.
Very /truly yours, ��- �//
—gx?' 4 04 ' / 1 �
Elizabeth Reid
Deputy City Clerk
LR:
Enc.
City of Sebastian
Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127
Mayor TELEPHONE (305) 589-5330
October 3, 1985
Mr. George G. Collins
Collins, Brown, Caldwell & Carter
P. O. Box 3686
Vero Beach, Florida 32960
Dear Mr. Collins:
Deborah C. Krages
City Clerk
We are enclosing herewith copy of the following Ordinance No. 0-85-17
which has now been recorded by the Clerk of the Circuit Court:
AN ORDINANCE VACATING, ABOLISHING, AND ABANDONING
CHESTNUT STREET, SPRUCE STREET, OAK STREET, WALNUT
STREET, ORANGE STREET, BREVARD AVENUE, AND PART OF
WAUREGAN AVENUE, ALL WITHIN WAUREGAN SUBDIVISION,
LYING WEST OF U.S. HIGHWAY NO. 1 AND EAST OF THE
RAILROAD RIGHT OF WAY OF THE FLORIDA EAST COAST
RAILROAD, AND NORTH•.OF LEMON STREET; PROVIDING AN
EFFECTIVE DATE.
Also attached is an itemized list of expenses incurred by the City of
Sebastian over and above the original $25.00 pre -payment.
Very truly yours,
k�� �• '1 RI
Deborah C. Krages
City Clerk
LR
Enc.
City of Sebastian
Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127
Mayor TELEPHONE (305) 589-5330
October 3, 1985
Expenses incurred by the City of Sebastian in connection with the
passage of Ordinance No, 0-85-17:
$35.64 - Cost of Advertising
17.00 - Cost of Recording
$52.64
Less 25.00 - Pre -Payment
$27.64 - Amount due
Deborah C. Kra9es
City Clerk
Colfills, Brown, (Caldwell & Canter
CHARTERED
A77ORNEYS AT LAW
PAUL D. BURCH - 1934 - 1976
GEORGE G. COLLINS. JR.
CALVIN B. BROWN
WILLIAM W. CALDWELL
BURNEYJ.CARTER
Mrs. Deborah C. Krages
City Clerk
City of Sebastian
Post Office Box 27
Sebastian, FL 32958-0127
Re: Ordinance No. 0-85-17
Dear Mrs. Krages:
PLEASE REPLY TO:
P.0 BOX 3686
744 BEACHLANO BOULEVARD
VERO BEACH. FLORIDA 32960
305.231-4343
^ P. C BOX 266
221 NORTH U.5 NO. 1
SEBASTIAN. FLORIDA 32958
305 589 3156
October 9, 1985 --
,1
•o
N
�7
Please find enclosed our check in the amount of $27.64 represent-
ing payment of the expenses incurred by the City of Sebastian with
regard to the above referenced ordinance.
Thank you for all your cooperation in this matter.
Sincerely,
&���J�
George G. Collins, Jr.
GGC, Jr./mg
Enclosure
It
Collins, Drown, Caldwell & Carter
CHARTERED
ATTORNEYS AT LAW
PAUL D. BURCH - 1934 - 1976
GEORGE Q. COLLINS. JR.
CALVIN B. BROWN
WILLIAM W. CALDWELL
GURNEY J. CARTER
October 9, 1985
Mrs, Deborah C. Krages
City Clerk
City of Sebastian
Post Office Box 27
Sebastian,_FL 32958-0127
Re: Ordinance No, 0-85-17
PLEASE REPLY TO:
Q P.O. BOX 3686
744 13EACHLAND BOULEVARD
VERO BEACH. FLORIDA 32960
305.231-4343
0 P.O. BOX 266
221 NORTH U.S. NO. 1
SEBASTIAN, FLORIDA 32958
305.589-3156
Dear Mrs. Krages :
Please find enclosed our check in the amount of $27.64 represent-
ing payment of the expenses incurred by the City of Sebastian with
regard to the above referenced ordinance.
Thank you for all your cooperation in this matter.
Sincerely,
r
i
Collins, Brown, Caldwell & Carter -Chartered 14807
ATTORNEYS AT LAW I
744 Beach{and Boulevard
' VERO BEACH, FLORIDA 32960 63-523
670
PAY �G�7r .�1J //crt� DOLLAR -
DATE I (/ TO THE ORDER OF I NUMBER I AMOUNT I CLIENT OR EXPLANATION
L
Collins, Brown, d
B own CalJwoll & Carter-Chartered
GENERAL ACCOUNT
e
FIRST BANKERS OF INDIAN RIVER COUNTY -
x:0670052396: 06 04173 611'
%0
ORDINANCE NO. 0-85-
r85- / 1
11
AN ORDINANCE VACATING, ABOLISHING, AND ABANDONING
CHESTNUT STREET, SPRUCE STREET, OAK STREET, WALNUT
STREET, ORANGE STREET, BREVARD AVENUE, AND PART OF
WAUREGAN AVENUE, ALL WITHIN WAUREGAN SUBDIVISION,
LYING WEST OF U.S. HIGHWAY NO. 1 AND EAST OF THE
RAILROAD RIGHT OF WAY OF THE FLORIDA EAST COAST
RAILROAD, AND NORTH OF LEMON STREET] PROVIDING
AN EFFECTIVE DATE
WHEREAS, the owners of Lots 55, 560 570 58, 59, 600 61, 62,
and 64, WAUREGAN SUBDIVISION, according to the Plat filed in the
Office of the Clerk of the Circuit Court, Brevard County, Florida,
in Plat Book 1, Page 75, and refiled in the Office of the Circuit
Court of St. Lucie County, Florida, in Plat Boob 1, Pages 178 and 179,
said land now lying and being in the City of Sebastian, Indian River
County, Florida, to vacate certain streets in the said subdivision, and
WHEREAS, the City Council finds that the vacation of the subject
streets as requested conforms to the comprehensive plan for the area
and that the public health, safety, economy, confort, order, con-
venience and welfare will be promoted by the vacation of the streets,
and, . ;
WHEREAS, the vacation of the said streets will not result in
depriving reasonable access to the lots owned by the applicant, nor
deny reasonable access therefrom to existing facilities to which
other owners of lots have heretofore had access,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS:
SECTION I
That the right-of-way known as Chestnut Street, located on,
over and between the following described property located in the
City of Sebastian, Indian River County, Florida:
Between lots 53 and 54 on the North and lots 55 and 56 on the
South, WAUREGAN SUBDIVISION, and more specifically described as follows:
"Beginning at the southeast corner of lot 53, Wauregan Subdivision,
run 617.24 feet, more or less, to the east edge of the right-of-way
of the Florida East Coast Railroad right-of-way, thence run 70.00 feet,
more or less, southeast along the said right-of-way to the northeast
corner of lot 55, thence run 606.07 feet, more or less, to the north-
east corner of lot 56, thence run north 70.00 feet, more or less, to
the point of beginning"
Be and the said right-of-way is hereby vacated, abolished and abandoned.
SECTION II
That the right-of-way known as Spruce Street located on, over,
and between the following described property lci^ated in the City of
Sebastian, Indian River County, Florida:
Between lots 55 and 56 on the North and lots 57 and 58 on the
South, WAUREGAN SUBDIVISION, and more specifi.::ally described as
follows:
"Beginning at the southeast corner of lot 56, WAUREGAN SUBDIVISION,
run 558.22 feet, more or less, to the east edge of the right-of-way
of the Florida East Coast Railroaw, thence run southeast 70.00 feet,
more or less, to the northwest corner of lot 58, thence run east
547.05 feet, more or less, to the northeast corner of lot 57, thence
run north 70.00 feet, more or less, to the point of. beginning"
Be and the said right-of-way is hereby vacated, abolished and abandoned.
s
SECTION III
That the right-of-way known as Oak Street, located on, over and
between the following described property located in the City of
Sebastian, Indian River County, Florida:
Between lots 57 and 58 on the North and lots 59 and 60 on the
South, WAUREGAN SUBDIVISION, and more specifically described as
follows:'
10
"Beginning at the southeast corner of lot 57, Wauregan Subdivision,
run west 499.20 feet, more or less, to the east edge of the right-of-
way of the Florida East Coast Railway, thence run southeast 70.00 feet,
more or less, to the northwest corner of lot 59, thence run east 488.04
feet, more or less, to the northeast corner of lot 60, thence run
North 70.00 feet, more or lead, to the point of beginning"
Be and the said right-of-way is hereby vacated, abandoned and abolished.
SECTION IV
That the right-of-way known as Walnut Street, located on, over
and between the following described property in the City of Sebastian,
Indian River County, Florida:
Between lots 59 and 60 on the North and lots 61 and 62 on the
South, WAUREGAN SUBDIVISION, and more specifically described as follows:
"Beginning at the southeast corner of lot 60, run 440.18 feet,
more or less, to the east right-of-way of the Florida East Coast
Railway, thence run southeast along the said right-of-way 70.00 feet,
more or less, to the northwest corner of lot 62, thence run east
approximately 420 feet to the northeast corner of lot 61, thence
run north 70.00 feet, more or less, to the point of beginning"
Be and the same right-of-way is hereby vacated, abolished and abandoned.
SECTION V
That the right-of-way known as Orange Street, located on. over,
and between the following described property located in the City of
Sebastian, Indian River County, Florida:
Between lots 61 and 62 on the .North and Lot 64 on the South,
WAUREGAN SUBDIVISION, and more specifically described as follows:
"Beginning at the southeast corner of lot 61, run west 375 feet,
more or less, to the east edge of the right-of-way of the Florida
East Coast Railway, thence run southeast along the said right-of-
way approximately 70 feet to a line which is a westerly 'extension
of the North edge of lot 64, thence run east approximately 360 feet
to the northeast corner of lot 64, thence run north approximately
70 feet to the point of beginning"
Be and the same right-of-way is hereby vacated, abolished and abandoned.
-2-
t
v
SECTION VI
That the right-of-way known as Brevard Avenue, located on, over
and between the following described property located in the City of
Sebastian, Indian River County, Florida:
Between lots 55, 58, 59, and 62 on the. West and lots 56, 57, 60
and 64 on the East, WAUREGAN SUBDIVISION, and more specifically de-
scribed as follows:
"Beginning at the northwest corner of lot 56, Wauregan Subdivision,
run west 80.00 feet, more or less, to the northeast corner of lot 55,
thence rurr south approximately 1,390 feet along lots 55, 58, 59 and
62, to the east edge of the right-of-way of the Florida east Coast
railway, thence run southeast along the east edge of the railroad
right-of-way approximately 380 feet to the North edge of Lemon Street,
thence run east approximately 15 feet to the southwest corner of lot 64,
Wauregan Subdivision, thence run north approximately 1,780 feet to the
point of beginhing:
Be and the same right-of-way is hereby vacated, abolished and abandoned.
SECTION VII
That the right-of-way known as Wauregan Avenue located on, over
and between the following described property located in the City of
Sebastian, Florida:
Between lots 22, 230 24, 25, 26 and 27 on the East, and lots
56, 57, 60, 61 and 64 on the West, WAUREGAN SUBDIVISION, and more
specifically described as follows:
"Beginning at the northwest corner of lot 22, Wauregan Subdivision,
run west 80.00 feet, more or less, to the east edge of lot 53, thence
run south approximately 1,870 feet past lots 56, 570 600 61 and 64 to
the north edge of Lemom Street, thence run east 80.00 feet, more or
lose, to the southwest corner of lot 27, Wauregan Subdivision, thence
run north approximately 2,189.95 feet past lots 27, 260 250 241 23
and 22, Wauregan Subdivision to the point of beginning"
Be and the same right-of-way is herebt vacated, abolished and abandoned.
SECTION VIII
A certified copy of this •Ordinance shall be filed in the Office
of the Clerk of the Circuit Court, Indian River County, Florida, and
shall be recorded in the Public Records of Indian River County.
SECTION IX
This Ordinance shall be effective upon Final Passage by the
City Council and recording of this Ordinance in the Public REcords
of Indian River County, Florida.
I K&RgBY CERTIFY that the foregoing Ordinance was finally passed
by_th4 Q.ity Council of the City of Sebastian, Florida, on the _/j
day, of ,1985.
CI Y OFFS ASTIAN, LORIDA
A 'ES -
• a- BY
_,City Clerk 'm Gallagher Mayor
I HEREBY CERTIFY that Notice of Public Hearing for the foregoing
Ordinance was given in accordance with Section 166.041, Florida
Statutos.,.and that said public hearing was held in the City Hall
of the City of Sebastian, Florida at 7:00 P.M. on the _jj *JL, day of
,1985, and that the Ordinance was duly passed
nd 7do`pte`dby� the City Council,of the City of Sebastian, Florida on
the day of 01985.
City Clerk
4 '
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I HEREBY CERTIFY THAT UNDER THE DIRECTION OF THE "INDIAN RIVERLAND- -
& IMPROVEMENT COMPANY", I HAVE LAID OUT A PORTION OF SEC. 21 & SEC, 30
INTO LOTS AND BLOCKS THE SAME BEING SITUATED AND A PORTION OF THE
FLEMING GRANT IN TWP_.. 30 & 31 & RGES. 37 - 38 - 39 IN BREVARD CO. FLA.
& IS CALLED WAUREGAN, THIS MAP DESIGNATES CORRECTLY THE LAND SO LAID OUT.