The URL can be used to link to this page

Home My WebLink About2001 - Abandonment of Indian River Dr Right of Way1, Jeanette Williams, do hereby certify that the attached is a true and correct copy of Resolution No. R-01-52, as adoppt`eti.byAbb'Se4astian City Council on July 11th, 2001. I hereby aft my signature this 13th df . �iBC��! ?A 1ARY ° STAMPS. nette Williams, DEED $ 7 e puty City Clerk £C} ° "� : N `` Please retum this instrument to: City ClerkNpTE$ IN THE RECORDS OF W co City of Sebastian JEFFREY K. BART-ON00 1225 Main Street 7n JEFFREY K. BARTON, CLERK CLERK CIRCUIT COURre CD Sebastian, FL 32958 INDIAN RIVER COUNTY INDIAN RIVER CO., FLA.-', RESOLMON NO.' R-01-52 4 • 0 41 A RESOLUTION OF THE CITY OF SEBASTIAN, FL_ Olaix :. . ABANDONING A PORTION OF RIGHT-OF-'WAY FOR INDIAN RIVER DRIVE IN SECTIONS • EXCEEDING THE STANDARD WIDTH -OF bmiu f-SIX FEET; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN Zj t+m iLl v.L DATE. c , -- • wv+wit x&.4S, during the construction of the Riverwalk it came to- the attention ofMoo N staff that the right-of-way for Indian River Drive does not maintain 9, consistent width- throughout the jurisdiction of the City; and WHEREAS, in two significant areas, one just south of Davis Street and the other in the area of Riverview Park, the right-of-way measures eighty feet as compared to the standard width of sixty-six feet elsewhere in the City; and ,� ic.Q..S, staff analysis suggests that the right-of-way near the Park should be maintained at the current width due to impending redevelopment of the area and the likelihood that the drainage system must be retrofitted to meet newer, more stringent state and federal standards, and' WHEREAS, the City Council finds that northern area is fully developed and the infrastructure needs of the area are in place and located within the sixty-six feet width of the adj oining roadways, thus the additional right-of-way is no longer needed for a public . purpose; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows; Section 1. RIGHT-OF-WAY ABANDONED. The City hereby abandons and releases its interestin that portion of the right-of-way for Indian River Drive �"- described as the - northeasternmost seven feet and the southwesternmost seven"feet of the ---- right-of-way of Indian River Drive as it lies between Lots 1 — 10 and, I 1 - 20, Indian River Ills Subdivision, as recorded in Plat Book 04, page 051, Public Records of Indian River County, Florida, as illustrated by the attached Exhibit "A". o cn Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SE'VERABILTI'Y. In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid, unconstitutional or results in a taking of private property, 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, confiscatory or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this resolution without said invalid, confiscatory or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section .4. * xw-mx U-jn vE DATE. This resolution shall become effective upon adoption. The foregoing resolution was moved - for adoption by Councilmember Bishop The motion was seconded by Councilmember Hill and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes ape Vice -Mayor Ben A. Bishop aye Councilmember Joe Barczyk ave Councilmember James X11 aye Councilmember Edward J. Majcher, Jr. aye The Mayor thereupon declared this Ordinance duly passed and adopted this 11th day of July, 2000. ' ; t ATTEST: r Sally A. Yg.io, CMC City Clerk CITY OF SEBASTIAN, FLORIDA By: W . Mayor Walter Barnes Approved as to form and legality for relianceby the City of Sebastian: . � 1 Rich Stringer, City Aft rn 0 Cn 73 AL- ------------------ Lo . ?A.lasSt 0000 930007.1 %M Ac M AC AL 0 0. 12 SEUMVIAN CITY LIMIT AC '1111: TOP 1/ 2 X% T. K, 'IJASTI AN 2 1 OF AUU)ST PARK AND SL 2J Hu 2.2 'RY DIS1-011THD rL%IZY ARE VI; - L7 2A-3A'�\. aw, 211� 45 V I Hu Ai air 3.3 Ac 3.1 '53U3 M2. PARK AUGUST PARK 21.SI AC ESTATE SUB SPOIL % '-SI Ac P.B.S. 01-0019 2 .2 44 4.A� ISLAND 00 2 S-105 AC IVO. 3 A 00000 0.0092.0 4 96TO c t Genoa Cato 9WO02M 4 0 ----------- 0 go 199 Ac Ac so 2LIO fo Be JD JZ 20.0 L6 74, 3n" 20.0 00 MS. 2.. 9A.0 AC' Be lb 12.0 As Ac, n— Do so 13.0 so e.P 310 1p All 9099 ULD as 22.0 Lu AcL14 Ac 2 9820 yaa L29 AC U7 AC S99 4 as 25. b\ 200 AC 09 20.0 .01, 14 r1p 15 VIP If -9e05" - 100 lel-11 a ' P L25 AC UZ Iro 0 4 07 03 34.2 :3 .06 02 �, AC Lw AC ILI 000308. 0030a 19.00 Ac Sul M3335.0 k4 At ?=OLD a AD a Do PH 5 CIA Ac 23.0 .: Acu -MAC 00 AC go TWP 301 37 Lai PH a 0020 1. 01 • .21 3 4 MIDDLE N SUB Ocool 0200 00GO&O 45 A...... Sal 1/4 Section 3130s -39e X - map # 02.16 compiled 02116199 CD by the Indian River County ftperhj Appraiser's Office 200 400 500All page 1-42 EA, C., o.0 G 6 LC - .150 o.qo a 15- o a C 150 lo '0 913 CITY OF SEBASTIAN CHECK REQUEST Accounting Use Only Input Date Fiscal Period Document # Entered By Document Amount # of Lines To Be Completed By Department Due Date 7/20/2001 Single Check y COPY Total HC Hash Vendor Number Document Organization Object Project LN TC Reference Code Code Code Amount 10009 534910 $35.90 3'� X�5� 9��a Number of Lines Amount $184 .00 Description Record Resolutions Nos. R-01-51 & R-01-52 (copies attached) ISSUE CHECK TO NAME Clerk of the Circuit Court (ADDRESS P O Box 1028 CITY Vero Beach State FL Zip Code 32961 1 Check Drawl By JAPPROVED BY JDATE BUDGET APPROVAL (534000 AND 535450 ONLY) O MAIL ATTACHED DOCUMENTATION (Except for remit slips, requesting department should attach a copy of documentation along with the original) Please send check to Jeanette Williams Thank You. RESOLUTION NO. R-01-52 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ABANDONING A PORTION OF RIGHT-OF-WAY FOR INDIAN RIVER DRIVE IN SECTIONS - EXCEEDING THE STANDARD WIDTH OF SIXTY-SIX FEET; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN xrrr;CTTVE DATE. vvn-LEAS, during the constriction of the Riverwalk it came to the attention of staff that the right-of-way for Indian River Drive does not maintain a consistent width throughout the jurisdiction of the City; and WHEREAS, in two significant areas, one just south of Davis Street and the other in the area of Riverview Park, the right-of-way measures eighty -feet as compared to the standard width of sixty-six feet elsewhere in the City, and WHEREAS, staff analysis suggests that the right-of-way near the Park should be maintained at the current width due to impending redevelopment. of the area and the likelihood that the drainage system must be retrofitted to meet newer, more stringent state and federal standards, and WHEREAS, the City Council finds that northern area is fully developed and the infrastructure needs of the area are in place and located within the sixty-six feet width of the adjoining roadways, thus the additional right-of-way is no longer needed for a public. purpose; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. RIGHT-OF-WAY ABANDONED. The City hereby abandons and releases its interest in that portion of the right-of-way for Indian River Drive described as the northeasternmost seven feet and the southwesternmost seven' feet of the right-of-way of Indian River Drive as it lies between Lots 1 -- 10 and 11 - 20, Indian River Hills Subdivision, as recorded in Plat Book 04, page 051, Public Records of Indian River County, Florida, as illustrated by the attached Exhibit "A'. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. A Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid, unconstitutional or results in a taking of private property, 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, confiscatory or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this resolution without said invalid, confiscatory or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. ' Ekxj+ CTIVE DATE. This resolution shall become effective upon adoption. The foregoing resolution was moved for adoption by Councilmember Bishop The motion was seconded by Councilmember Hill and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes aye Vice -Mayor Ben A. Bishop aye Councilmember Joe Barczyk ave Councilmember James Hill aye Councilmember Edward J. Majcher, Jr. aye The Mayor thereupon declared this Ordinance duly passed and adopted this IIt' day of July, 2000. CITY OF SEBASTIAN, FLORIDA By: WX n Mayor Walter Barnes ATTEST: Sally A. Nko, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian: t 1 Rich Stringer, City Att rn y 9TH STREET., ui 5 MW I 00001 00001 0000 •00007.1 W7.0 09.23 N 1.22 AC L5 AC AC_ V: 0 0 Q, 0 0 0 7A.11. 2 Goo SEDA-111AN (I'll' LIMIT 0 5 AC 51 NMI:: llff: 'rop 1/ 2 'A YS 2.6 2.r, 2 % 11&4 OF AM;030' PARK' AND SHIJAMIAN 2.0 2.2 Vl,:I?Y DIS10111'ED .79 .32 sk NEHY ARE C� 2.7 1. 2.4 CEME A AX US AS; MIS3.0 M4 3 C \. 1: 3.. V t 3.1 A 2 ULM at ].2 Ais PAR 2334.0 _rm - AUGUST PARK 1.0 m of 43 &C. SPOIL % 3 .51 AC ESTATE SUB 4 P.B.S. 01-0019 2 (. 4.2 4.1 ISLAND 00 .0 13 )105 AC 12 u ---------- N0. 3 10 7 AF 44 00000 ..k my 0010 V 00002.0 .3 0 ol 'is AC 00000 0010 k NA 00002.0 0 3.55 AC 18.0�SaS Ox U9 AC so �Cj 210 0139 xp .92 AC Mo 09 .50 20.0 as 31141 tu �et 6.1 30.0 0 S, AB AC ! 11) N. 31.0 121 _ .46 AJC ' . -. 0 T:i 13 G Mo .46 AC 0990 BB 22.0 31.1 2.k AC 139 AC Be ease 14.0 334 t29 AC CP 00 LV ACrVV 89 389 33.2 4 13 ?m AC G r1p 15 1p L25 AC 0.0 qat) 90 001 0 %ro 6. 34.0 % 0 00 . . . . . . t 4- 07 00 0.0 19 20 34.2 0 V� .of)N, I AC IL VZ 02. 2 0 AC 0 .2 X"" 237 f°5.° 00006 0030 Em AC 10 lip, 00001.0p., V& 2t4 37 AC AD as PH 5 000 AC ti .44 p 30.0 WAS M.57 PHASE 3 SSAC 0 AC a7. 1+1 09 21 1 4 ru a pg00ot20 T W P 301. uLAC V .21 3 AC 01 .1p MIDDLE! SUB Nr, -;.� - YA .& . 'V� 1., 00001 14. X 0300 415 A 00008.0 SW 1/4 Section 3130s -39e map # 02.16 compiled 02116199 by the Indian River County Properhj Appraiser's Office page 1-42 0 200 400 600 City of Sebastian, Florida Subject: Resolution No. R-01-52, abandoning a portion of the Indian River Drive right-of-way. or Subm• • Exhibits: Resolution No. R-0 1-52, location map. EXPENDITURE REQUIRED: None Agenda No. 01.178 Department Origin: jGrrowth Management Tracy E. Hass Date Submitted: June 29 2001 For Agenda of July 11, 2001 AMOUNT BUDGETED: None a31_:_ APPROPRIATION REQUIRED: None In an effort to effectively "clean up" the right-of-way and create a consistent ROW width along Indian River Drive, staff has evaluated the ROW widths running along this corridor. Apparently when the roadway was originally platted, there appears to have been an effort to acquire additional ROW in anticipation of future widening. However, U.S. 1 was constructed sometime thereafter and there was no longer the need to acquire additional ROW. However, the City was left with a roadway constructed mainly within a 66' ROW, with two sections containing an 80' ROW. The two sections being from River Oaks Townhouses (just north of Cleveland Street) south to the south City limits, and the other being lots 1 through 20 of the Indian River Hills Subdivision (Oyster Pointe north to the south property line of Anglers Obsession). In considering applications for vacating public rights-of-way, the Planning and Growth Management Director and all relevant City staff shall review whether any public purpose is served by the subject right-of-way. This evaluation shall consider all relevant public purpose options associated with drainage systems; water service; sanitary sewer services; roadways, pedestrian and/or bicycle ways, and alleys; public safety, including emergency service access and egress; communication systems; power and/or fuel networks; or other public or semi-public services essential to the public welfare and safety. Consideration shall include present and future needs for the right-of-way for purposes of accommodating or improving delivery of public services and/or ensuring convenient access for ' service ' and/or maintenance or other public benefit now or in the future. In order to affirmatively recommend vacation of rights-of-way, the Planning and Growth Management Director shall render a finding that no current or future public purpose can be identified for the subject right of way. All aforementioned issues were raised in evaluating which, if either, sections were suitable for abandonment. It was determined that the northern section from Oyster Pointe north to the south line of Anglers Obsession, has no current or future public purpose. However, the southern section, from River . . ";; I%� �..1:t 11, .. rL"i.: �I, heiriL fnwi t. , �i►t�, Oaks Townhouses south to the south City limits, holds inherit value due to the ongoing park expansion program, which will eventually include additional drainage improvements. Therefore, there is a demonstrated need for the City to maintain the 80' ROW width along the southern section. Within the northern section as described above, the Indian River Drive sidewalk and other associated enhancements were constructed within the 66' ROW as if the ROW was continuously 66' in width. Therefore, even with a reduction in the ROW width from 80' to 66', all improvements will still be within the prescribed City ROW. Additionally, all utilities and stormwater drainage improvements have been constructed within the 66' ROW and will not be adversely affected by the reduction. The City Manager, Public Works Director, City Engineer, and Growth Management Director have analyzed the ROW along Indian River Drive, and find that there is no current or future public purpose for the City to continue maintaining the additional 14' of ROW within said northern section. Staff collectively recommends reducing the ROW from 80' to 66'. Effectively, each property within the prescribed areas along Indian River Drive will gain an additional 7' of property (7' on the east and west sides = 14' total reduction in ROW). A total of 19 privately held lots and 1 publicly owned lot, for a cumulative total of 20 lots, are affected by this proposal. Prior to rendering a final decision, the City Council shall consider the report prepared by the Planning and Growth Management Director. The City Council shall not approve the vacation of a public right-of- way unless the fording is consistent with the following criteria: 1. No current use of the right-of-way beneficial to the public interest exists; 2. No projected future use or re -use of the right-of-way beneficial to the public interest exists; 3. No adverse impacts on public services caused by the proposed vacation now'or`in'the future can be identified; and 4. No adverse impacts to adjacent properties as well as major areas or land uses -currently benefiting from a public service or system that uses the subject right-of-way can be identified. The City Council shall cite specific findings in support of a final decision to vacate a public right-of-way, including an absence of public purpose for the subject right-of-way. Similarly the City Council shall identify specific findings in support of any decision to retain the public right-of-way. Any decision to vacate a public right-of-way shall be by resolution of the City Council. ' • -ire `' `� `` RECOMMENDED ACTION Move to adopt Resolution No. R -01-52. 2 Regular City Council Meeting July 11, 2001 Page Thirteen 01.178 F. Resolution No. R-01-52 Abandoning Portion of Indian River Drive Richt-of-Wav (Growth Management Transmittal 6/29/01. R-01-52. Location Mao) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA ABANDONING A PORTION OF RIGHT OF WAY FOR INDIAN RIVER DRIVE IN SECTIONS EXCEEDING THE STANDARD WIDTH OF SIXTY-SIX FEET; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-01-52 by title; and the Growth Management Director gave a brief presentation, stating this would be consistent with the corridor and responded to Council concerns. Carolyn Corum, Dolores Street, Sebastian, expressed concern forgiving up any area within the Riverfront and the Growth Management Director noted there are buried utilities along the right-of-way. MOTION by Bishop/Hill "I would move to approve Resolution R-01-52." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 01.057 H. Resolution No. R-01-56 Adootion of a Preliminary Stormwater Utilitv Rate (City Attornev Transmittal 7/3/01. R-01-56) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA SETTING A PRELIMINARY STORMWATER UTILITY RATE FOR PURPOSES OF PUBLIC NOTICE; PROVIDING FOR NOTICE TO THE PROPERTY APPRAISER; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-01-56 by title and stated formal approval is not a legal requirement, but a preliminary rate must be submitted by July 24" for the TRIM notice. Warren Dill, representing Henry Fischer and Sons, said this issue deserves more public input prior to decisions being made. TAPE 111- SIDE 1 (10:18 p.m.) 13 Regular City Council Meeting July 11, 2001 Page Fourteen Mr. Dill continued his presentation and asked that Council defer the matter until it can get more information on it. Tut Connelly recommended Council take its time and get it right. Baxter Coston, Sebastian, asked if the rate was approved would his tax be $48 higher next year and if so, how could he be taxed for something that does not exist. The City Attorney explained the stormwater utility concept as allowed by state law. MOTION by Bishop/Barczyk "I make a motion to extend the meeting to 11'oclock." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 The City Attorney said the $48 will be a separate charge and not included in ad valorem taxes, and the City's millage will, in fact, be reduced for the third consecutive year. He further advised that the Council's action tonight is merely to establish a preliminary assessment for the TRIM notice. The City Attorney then explained that although this may seem like a wash, the state requires that the city must have a dedicated revenue source to seek grants for its stormwater problems. He stated this matter will be heard several more times before final approval is given. Charles Stachel,1698 Coral Reef Street, Sebastian, asked what an unimproved lot will cost and the City Attorney said a formula would be established to determine how much unimproved lots contribute to stormwater. Alita Hirshfeld, Sebastian, questioned the inclusion of easements in the area considered for the assessment. Dr. Henry Fischer said residents had not been adequately informed of this proposed tax, and noted people in private subdivisions have already paid for stormwater. The City Attorney reiterated that there will be credits, which is not the case at this time, since ad valorem taxes are paying for stormwater improvements. Pierre Paquette, Palm Lake Club, said he provides stormwater maintenance to residents in his subdivision and that it would be unfair to tax those residents again. 14