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Home My WebLink AboutO-24-18 Ithaca Avenue3120240054385 RECORDED IN THE PUBLIC RECORDS OF RYAN L. BUTLER, CLERK OF COURT INDIAN RIVER COUNTY FL BK 3737 PG: 232 Page 1 of 6 11/15202410:02 AM ORDINANCE NO.O-24-18 ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING AND RESCINDING SEBASTIAN ORDINANCE NO.O-97-42 (MARCH 5,1997) VACATING THE ITHACA AVENUE FROM EMPRESS AVENUE TO SPRING VALLEY AVENUE, EMPRESS AVENUE FROM SCHUMANN WATERWAY TO SPRING VALLEY AVENUE, SPRING VALLEY AVENUE FROM EMPRESS AVENUE TO THE NORTH LINE OF LOT 21, BLOCK 594, SPRING VALLEY AVENUE FROM THE SOUTH LINE OF LOT 22, BLOCK 594 TO CRAWFORD DRIVE, ALEXIS STREET FROM SPRING VALLEY AVENUE SOUTH TO THE LIMIT OF PLAT, AND ALEXIS STREET FROM DAY DRIVE NORTH TO THE LIMIT OF PLAT RIGHTS -OF - WAY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, at its meeting on March 5, 1997 approved Ordinance No. 0-97-42 in reference to vacating road right of ways on a certain section of Sebastian Highlands, Unit 17; and WHEREAS, the Development Agreement with Hawkins Project 1, LLC, as adopted by Resolution No. R-24-46 on August 28, 2024 agreed to rescind Ordinance 0-97-42 in reference to certain right of ways; and WHEREAS, the City may in its right repeal and rescind this Ordinance 0-97-42 if deemed to be in the public interest or for the health, safety and welfare of its citizenry. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section l: REPEAL. Sebastian Ordinance No. 0-97-42 (March 5, 1997) attached hereto as Exhibit `A' is hereby repealed and rescinded in its entirety. Section 2: CONFLICTS. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 3: SEVERABILITY. If any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid or unconstitutional by the judgment or decree of a court of competent jurisdiction, such invalidity or unconstitutionally shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance. Section 4: EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember Mcpartlan The motion was seconded by Councilmember Nunn and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd ave Vice -Mayor Kelly Dixon aye Councilmember Fred Jones aye Councilmember Bob McPartlan aye Councilmember Christopher Nunn aye The Mayor thereupon declared this Ordinance duly passed and adopted this 4th day of November 2024. ATTEST: ��-)Xcd4n& ANETTE WILLIAMS, MMC ITY CLERK CITY OF SEBASTIAN, FLORIDA By: -- ED DODD, MAYOR = Approved as to form and legality foi' _ _ - Reliance by the City of Sebastian J61 ER COCKCROFT, ESQ., BCS CITY ATTORNEY IN THE RECORDS CIF JEFFREY K. BARTON DOCUMENTARY STARADe . CLERK CIRCUIT COURT 0 MIM RIVER CO., FLA. DEED = • 7 aa S n NOTE _ p ORDINANCE NO.O-97-42 FFRE R . BARTONCOUNTY CLERK IAN AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING THE ITHACA AVENUE FROM EMPRESS AVENUE TO SPRING VALLEY AVENUE, EMPRESS AVENUE FROM SCHUMANN WATERWAY TO SPRING VALLEY AVENUE, SPRING VALLEY AVENUE FROM EMPRESS AVENUE TO THE NORTH LINE OF LOT 21, BLOCK 594, SPRING VALLEY AVENUE FROM THE SOUTH LINE OF LOT 22, BLOCK 594 TO CRAFORD DRIVE, ALEXIS STREET FROM SPRING VALLEY AVENUE SOUTH TO THE LIMIT OF PLAT, AND ALEXIS STREET FROM DAY DRIVE NORTH TO THE LIMIT OF PLAT RIGHTS -OF -WAY; PROVIDING FOR THE RECORDING; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, has determined that Ithaca Avenue from Empress Avenue to Spring Valley Avenue, Empress Avenue from the Schunann Waterway to Spring Valley Avenue, Spring Valley Avenue from Empress Avenue to the north line of lot 21, block 594, Spring Valley Avenue from the South line of lot 22, block 594 to Crawford Drive, Alexis Street from Spring Valley Avenue south to the limits of the plat, and Alexis Street from Day Drive north to the limits of the plat no longer serves the public interest and necessity, and WHEREAS, the City Council of the City of Sebastian, Florida, has determined that it is in the best interests of the health, safety, and general welfare of the community to :. « NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: RETURN TO: City of Sebastian City Clerk's Office 1225 Main Street 1 Sebastian, Fl 32958 3, - N c.n TV Section 1. VACATION OF ROAD RIGHT-OF-WAY. The City hereby vacates the following rights -of way: A. Ithaca Avenue from Empress Avenue to Spring Valley Avenue, more specifically described as follows: B. Empress Avenue from the Schunann Waterway to Spring Valley Avenue, more specifically described as follows: C. Spring Valley Avenue from Empress Avenue to the North line of lot 21, block 594, more specifically described as follows: D. Spring Valley Avenue from the South line of lot 22, block 594 to Crawford Drive, more specifically described as follows: E. Alexis Street from Spring Valley Avenue south to the limits of the plat, more specifically described as follows: F. Alexis Street from Day Drive north to the limits of the plat, more specifically described as follows: Section 2. RECORDING. The City Clerk is directed to present this Ordinance to the Clerk of the Circuit for Indian River County, Florida, for recording in the Public Records of Indian River County, Florida. Section 3. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to �-- "Section", "Article", or such other word or phrase in order to accomplish such intention. � C7 rw Pa Section 4. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5. SEVERABILITY. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall become effective upon adoption. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF , 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS 5 DAY OF'7 "1 \ , 1997. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright Vice Mayor Walter W. Barnes Councilmember Norma J. Damp 11v Councilmember Raymond Halloran Councilmember Richard J. Taracka ' The Mayor thereupon declared this Ordinance duly passed and adopted this a day 91 -;r W 0 N cn X- 3 *LocaliQ Florida PO Box 631244 Cincinnati, OH 45263-1244 GANNETT NOTICE OF PUBLIC HEARING AFFIDAVIT OF PUBLICATION CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA DEFAULT NO ORDINANICE NANCE OF THE C T1Y OF _ City Sebastian RIVER of COUNTY, FLORIDA,N REPEAL- 1225 Main ST ING AND RESCINDING SEBAST- IAN ORDINANCE NO. 0-97-42 Sebastian FL 329584165 (MARCH 5, 1997) VACATING THE ITHACA AVENUE FROM EMPRESS AVENUE TO SPRING VALLEY AVENUE, EMPRESS AVENUE FROM SCHUMANN STATE OF WISCONSIN COUNTY OF BROWN WATERWAY r0 SPRING + VALLEY AVENUE, SPRING VALLEY AVENUE FROM EMPRESS AVENUE TO THE Before the undersigned authority personally appeared, who 594RSPRING LINE OFBLOCK 2AVENUE _ on oath says that he or she is the Legal Advertising LOT 2, BLOCK 594 TOSOTHLINE CRAWFORD Representative of the Indian River Press Journal/St Lucie DRIVE, ALEXIS STREET FROM SPRING VALLEY AVENUE SOUTH TO THE LIMIT OF PLAT, News Tribune/Stuart News, newspapers in Indian AND ALEXIS STREET FROM published DAY DRIVE NORTH TO THE River/St Lucie/Martin Counties, Florida; PLAT that the attached WYIT ROF EPEALING ALLH ORDF- copy of advertisement, being a Legal Ad in the matter of NANCESPARTS NANCES ION CONFLICTF ER Ei- Govt Public Notices, was published on the publicly WITH; PROVIDING FOR AN EFFECTIVE DATE. accessible websites of Indian River/St Lucie/Martin The City Council of the City of Sebastian, Indian River County, Florida, will hold the second reading Counties, Florida, or in a newspaper by print in the issues and public hearing of the above referenced Ordinance on Wednes. of on: day, October 16, 2024 at approxi- mately 6:00 p,m. in the City Council Chambers, City Hat, 1225 Main Street, Sebastian, Florida. At the conclusion of this hearing, the City 10/06/2024 Council may enact this Ordinance into law. Interested parties may Inspect the proposed ordinance in the City Clerks office at City Hall, Affiant further says that the website or newspaper complies Monday through Friday 8 a.m. to 4:30 p.m. and may appear at the with all legal requirements for publicatiop in chapter SO hearing and be heard with respect to the Florida Statutes. proposed Ordinance. No stenographic record by a certi- Subscribed an swo In to before me, b the legal clerk, who tied court reporter will be made of the foregoing meeting. Any person who decides to appeal any decision is personally now to me, on 1 /06 024 made by the Council with respect to any matter considered at this meet- ing will need to ensure that a verba- tim record of proceeding Is made, which record includes the testimony and evidence upon which the appeal Is to be heard. (F.S. 286.0105) Legal Clerk In compliance with the Americans with Disabilities Act (ADA) of 1990, anyone who needs a special accom- modation for this meeting should Notary, State of Wl, County of Brown atn7M-388.8226tact the tat eas Coordinator hours _ -- ` - �J7v _ advance of the meeting. DATE OF PUBLICATION: October 6, 2024 010647686 My commission expires Publication Cost: $143.12 Tax Amount: $0.00 Payment Cast: $143.12 Order No: 10647686 # of Copies: Customer No: 1125948 1 PO #: Public Hear 0-24-18 THIS IS NOT AN INVOICE! Please do not use this form for payment remittance. KAITLYN FELTY Notary Public State of Wisconsin Pagel of 1