HomeMy WebLinkAboutO-00-18ORDINANCE NO. 0-00-18
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ABANDONING RIGHT-OF-WAY FOR FORMER
ALIGNMENT OF BARBER STREET AT INTERSECTION WITH U.S.
HIGHWAY 1; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to an agreement between the City, indian River County and Nelson
Hyatt originally dated January 14, 1997, Hyatt conveyed right of way to City for the realignment
of Barber Street as it intersects with U.S. Highway 1; and
WHEREAS, pursuant to said agreement, once realignment of the street was completed,
City was to abandon the right-of-way for the former alignment; and
WHEREAS, said realignment has been completed, and the City Council finds that the
right-of-way for the former alignment of Barber Street is no longer needed for a public purpose;
NOW THEREFORE, BE IT ORDAINED 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 Barber Street as recorded in Plat Book
14, page 97, Public Records of Indian River County, Florida, lying between the right-of-way for
U.S. Highway 1 and the right-of-way parcel described in the attached Exhibit "A,', as further
illustrated by the survey contained in said Exhibit.
Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance 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 provisions. It shall further be
assumed that the City Council would have enacted the remainder of this Ordinance without said
invalid or unconstitutional provision, thereby causing said remainder to remain in full force and
effect.
Section 4. EFFECTIVE DATE. This Ordinance shall become effective upon final
passage.
The foregoing Ordinance was moved for adoption by Councilmember ~~ . The
motion was seconded by Councilmember ~ and, upon bei~b/put to a vote,
the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Ordinance duly passed ant
August, 2000.
[adopted this U3 -~ day of
CITY OF SEBASTIAN, FLORIDA
Kathryn M. O'Halloran, MMC
City Clerk
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
T A realigned portion ol an _80~-I .o? right-of-wa,/ known os Barber. 5treat. lying portly in 5actions 20 and 21,
ownlhip 31 South. Range 37 tast. mom porticular¥ described al follows:
Commence ~at the East 1/4 corner of Section 20. Township 31 South. Range 39 East, o cormn~ta monument, end run
N 89'15'40' W, along the I/4 .(;ect;ofl line. o d;~toflce of 155.137 fast to · point Ih the Wast right--of--way line of
U.S. HSghv~_oy 1. Then run
S 2~'57'44' [, along the West right-of-way line, o d;$ton~e of 503.10 feet ia the POIII~IT OF' Bt'GINNING of the
realigned portion of Barber Street. Then run
S 64'02'16' W, along the North line of the realignment, a al;slants of 403.24 feet ia a point of c-nm of o 460-foot
rod;al curve concave to the Northwest. Then run
AJon~ the curYe, through a central angle of 27'00'33'. an ore distance of 216.64 feel to o point af tan(~ency with
the ex~sti~ Barber qtrasl alignment. Then run
5 1'02'4g' W a distance of 50.00 feet ta the point of curv~ of a 540-fcx~t rod;u~ cun~l, concave to the
No~hwest. Then run
AJong the curve, through a Central angle o! 27'00'3.~', on arc d~toflce of 254.56 last to o point Of tangency.
Then run
N 64°02'16' E a distance of 403.24 feet to a point ;n the West ~ht-of-way line of U.S. Highway 1. Then run
N 2,¥,~7'44' W, along the West rlght-ol--way, o distance of 80.00 feet to Ihs POINT OF' BEGINNING.
L),;ng ;n Indian River County. F~orido.
EXHIB
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