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HomeMy WebLinkAboutO-89-01 ORDINANCE NO. 0-89-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF SAN SEBASTIAN SPRINGS-UNIT II, OAK CREEK RIDGE, LYING IN SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO EXECUTE THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, San Sebastian Properties, Inc., a corporation organized under the laws of the State of Florida, owns certain real property located within the corporate limits of the City of Sebastian; and WHEREAS, San Sebastian Properties, Inc. desires to develop a subdivision on a portion of its real property lying in Section 23, Township 31 South, Range 38 East, City of Sebastian, Indian River County, Florida; and WHEREAS, San Sebastian Properties, Inc. has submitted a proposed final plat to the City for its approval; and WHEREAS, the final plat submitted meets all requirements as set forth in Section 20A-16.4C of the Land Development Code of the City; and WHEREAS, the final plat bears a Certificate of Dedication, Certificate of Title, and Certificate of Surveyor; and WHEREAS, all required improvements have been completed; and WHEREAS, the City Engineer has determined that all required the provisions of the Land Development Code of improvements meet the City; and WHEREAS, the final plat has Engineer and the City Attorney; and WHEREAS, all other conditions final plat have been met. been approved by the City precedent to approval of the NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. PLAT APPROVAL. The final plat of San Sebastian Springs-Unit II, Oak Creek Ridge, as prepared by James A. Fowler, bearing the Certificate of Dedication dated November 16, 1988, is hereby approved. SECTION 2. RECORDING. The Mayor shall execute the final plat and deliver it to the City Clerk who shall present it to the Clerk of the Circuit Court Florida, for recording. SECTION 3. CONFLICT. in and for Indian River County, Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. 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 will be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. CITY OF SEBASTIAN, FLORIDA Richard B. Votapka, Mayor ATTEST: Kathr~_n M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that once,public he~ing was held on this Ordinance at 7:00 p.m. on the ~-.. day of~.~t~.~.~ , '1'9~'~. 'and that following said public hearing, this O~inance was -'passed by.the City Council. Kathr~ M. O'Halloran, CMC/AAE · City Clerk Approved as to Form and Content: Charles Ian Nas~, City Attorney