The URL can be used to link to this page

Home My WebLink AboutO-00-23This instrument prepared by and should be returned to: - o( Rich Stringer, City Attorney 1225 Main Street Sebastian, FI 32958 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 ~Ci, jME~i~ii~~ELEPHONE (561) 589-5330 [] FAX (561) 589-5570 RIV C0kml'lf STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN CERTIFICATION Itl I~E RECORi~ OF &EFFRE¥ K. BARTON Ct. ERK CIRCUIT COURT iNDiAN RIVER CO., FI,A, I, Sally A. Maio, City Clerk of the City of Sebastian, Indian River County, Florida do hereby certify that the attached is a tree and correct copy of Ordinance No. 0-00-23 as adopted by City Council at its Regular City Council Meeting of October 11, 2000. ORDINANCE NO. O-00-23 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING PORTION OF RIGHTS-OF-WAY WITHIN SEBASTIAN HIGHLANDS UNIT 17 FOR CAPRONA STREET, CHERRY COURT, ARCHER STREET AND GIRARD AVENUE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABIUTY; AND PROVIDING FOR AN EFFECTIVE DATE. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the City of Sebastian, Indian River County, Florida, this 17th day of October, 2000. ~,.,~ ..... ,,,.. Sally A. ) : ' City Clerk .-. ., C} 0 cD CD 0-0.0.,::3, AN. ORDINANCE OF ~ CITY OF SEBASTIAN, INDIAN RrVER COLrNTY, FLORIDA, ABANDONING PORTION OF RIGHTS-OF-WAY WITHIN SEBASTIAN KIGHLANDS UNIT 17 FOR CAPRONA STREET, CHERRY COURT, ARCFflr~R STREET AND GIRARD AVENUE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABEL,ITY; AND PROVIDING FOR AN EFFECTIVE DATE. WII-IrREAS, Indian Pdver County and Adams & Associates Developers, Inc., have requested 'that certain, unopened rights-of-way in the area between Schumann Drive and Thunderbird Drive be abandoned; and WlIEREAS, said rights-of-way are encompassed within the proposed St. John's River Water Management District water park and the Sebastian Area Scrabjay HCP; and WItERF_A$, the City Council finds that the' rights-of-way wilhin"these areas are no longer needed for that public purpose; NOW TI~REFORE, BE IT ORDAINED BY ~ CITY COUNCIL OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. RIGRT-OF-WAY ABANDONED. The City hereby abandons and releases its interest in those portions of the platted rights-of-way for Caprona Street, Cherry Court, Archer Street and Girard Avenue as more particularly described in the attached Extfibit "A", as further illustrated by the map comained in said Exhibit. Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABIIZTY. 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. EFFECTIVlg DATE. This Ordinance shall become effective upon final p~s~e. The foregoing Ordinance was moved for adoption ~y Councilmember ~7~~ ' The motion was seconded by Councilmember ..~ and, upon be/atg put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. BishOp Councilrnember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, The Mayor thereupon declared this Ordinance duly passed and at October, 2000. opted this ~/~- day of CITY OF SEBASTIAN, FLOllJ2DA ATTEST: City Clerk Mayor Walter Barnes Approved as '~o form and legality for reliance by the City of Sebastian only: R/ch S~inger, City Atto~a~ey Abandonment of Streets Caprona St. fi.om Thunderbird' Drive north to the south line of C.C. UNIT ONE LOT 2 Cherry Court, from Thunderbird Drive .north to the south line of C.C. UNIT ONE. LOT 2 And west from Archer St. to the east line of C.C. UNIT ONT LOT 2 Archer Court from Thunderbird north to. Girard Ave. Girard Ave. from Schumann Drive west to the east llne of C.C. UNIT ONE LOT 2 The property is either part of the H.C.P. or is Under contract fOr the St Johns Stoma water Park. The roads are only paper roads and have never been built. Exhibit "A" --T 111~4 [ t' t~5 SOUTH EASY SANDRIDGI t TRACT "K" ~7 3 ~ 3 4 ~;. : 4 GIRARD 58? 10' 111~,ot .' 12 g 10 11 12' 13 iL)'i tl5.26 18 t24.74 352~7 TRACT "J" 10 %{). ESTATE,S, 837~? 01 SUB 7 9 STREET ~ P.D.L lq 057 4 . 4' 29 5 28 6 27 7 26 B 25 B '24- M 10 2S- ~ I1 22 ,~ 1,47,29 147,11 12 i0 14 ~3 gl 2O SO I goaO9g i~o ORDINANCE NO. 0-00-23 AN ORDINANCE OF T1]E CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDON~G PORTION OF RIGHTS-OF-WAY WIT]tIN SEBASTIAN HIGHLANDS UNIT 17 FOR CAPRONA STREET, CHERRY COURT, ARCHER STREET AND GIRARD AVENUE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABrLiTY; AND PROVIDING FOR AN EFFECTIVE DATE. WII_EREAS, Indian River County and Adams & Associates Developers, Inc., have requested that certain unopened rights-of-way in the area between Schumann Drive and Thunderbird Drive be abandoned; and wmv~REAS, said rights-of-way are encompassed within the proposed St. John's River Water Management District water park and the Sebastian Area Scrubjay HCP; and WHEREAS, the City Council finds that the rights-of-way within these areas are no longer needed for that public purpose; NOW THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. RIGttT-OF-WAY ABANDONED. The City hereby abandons and releases its interest in those portions of the platted rights-of-way for Caprona Street, Cherry Court, Archer Street and Girard Avenue as more particularly described in the attached Exhibit "A", as further illustrated by the map 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 shah become effective upon final passage. The foregoing Ordinance . The was moved for adoption .by Councilmember motion was seconded by Councilmember .~ and, upon being 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 and adopted this ///~/4'~ day of October, 2000. CITY OF SEBASTIAN, FLOKIDA ATTEST: City Clerk Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Abandonment of Streets Caprona St. fi'om Thunderbird Drive north to the south line of C.C. UNIT ONE LOT 2 Cherry Court from Thunderbird Drive north to the south line of C.C. UNIT ONE LOT 2 And west from Archer St. to the east line of C,C. UNIT ONT LOT 2 Archer Court from Thunderbird north to Girard Ave. Girard Ave. from Schumann Drive west to the east line of C.C. UNIT ONE LOT 2 The property is either part of the H.C.P. or is under contract for the St Johns Storm water Park. The roads are only paper roads and have never been built. Exhibit "A" 188.24 ~.g7 16~61 185.49 587 165..17 165.25 165.13 ~5,01 164,74 t52.§3 125 SOUTH "' 232,32 TRACT "K" EASY E GIRARD 9 10 11 12 '13 14 18 ~24,74 3,52.57 TRACT "J" 11 1.0 837,57 SUB ~5 8 ~ STREET 232.,t2 u P.D.I. 14 .057 4 ,140.6! 125 4 29 ~ 5 28 6 27 7 26 8 25 · 9 24 10 23 22 ~ 21 147,29 147.tl 216.33 7 8 12 10 13 14 DRIVE 20 125 165,6'9