HomeMy WebLinkAboutO-89-21ORDINANCE NO. 0-89-21
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE CORRECTION OF AN
ERROR CONTAINED IN A PREVIOUS ORDINANCE OF THE CITY;
CORRECTING THE LEGAL DESCRIPTION CONTAINED IN SECTION 1
OF ORDINANCE NO. 0-88-29; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR RECORDING; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian approved
the enaction of Ordinance No. 0-88-29 after holding a public
hearing on November 30, 1988, and on July 12, 1989; and,
WHEREAS, it was later discovered that a legal description
contained in Section 1 of Ordinance 0-88-29 was incorrect; and,
~ WHEREAS, the City Council desires to correct the error in
'~ the legal description contained in Section 1 of Ordinance No. 0-
,,1~ ~ 88-29.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Section 1 of Ordinance No. 0-88-29 is hereby
amended to read as follows:
TO CG (GENERAL COMMERCIAL):
Commence at the Southeast corner of Section 14, Township 31
South, Range 38 East, indian River County, Florida, thence,
North 00 degrees, 24 minutes, 26 seconds West, along the
East line of said Section 14, 1398.19 feet to a point on the
South right-of-way line of County Road 512, 120 foot right-
of-way; thence, south 37 degrees, 43 minutes, 45 seconds
West, along said right-of-way line 32.39 feet to the point
of beginning of the herein described parcel of land. Thence
continue, south 37 degrees, 43 minutes, 45 seconds West,
along said right-of-way line 1019.22 feet to the point of
curvature of a non-tangent circular curve concave to the
Northwest having a radius of 750.00 feet. Said point bears
North 89 degrees, 23 minutes, 30 seconds East from the
center of said curve; thence, southwesterly, through a
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central angle of 9 degrees, 44 minutes, 34 seconds for an
arc distance of 127.53 feet to the point of reverse
curvature of a circular curve concave to the Northeast
having a radius of 670.00 feet; thence, Southeasterly,
through a central angle of 69 degrees, 33 minutes, 20
seconds for an arc distance of 813.36 feet to the point of
reverse curvature of a circular curve concave to the
Southwest having a radius of 750.00 feet; thence,
Southeasterly through a central angle of 28 degrees, 14
minutes, 56 seconds for an arc distance of 369.76 feet to a
point; thence, North 89 degrees, 30 minutes, 46 seconds
East, 51.79 feet; thence, North 00 degrees, 29 minutes, 14
seconds West 501.98 feet; thence, North 00 degrees, 24
minutes, 26 seconds West, 1372.73 feet to the point of
beginning. Said parcel contains 17.57 acres more or less.
TO MD (MEDIUM DENSITY):
Ail property described in the plat of Sebastian Lakes Unit I
as recorded in Plat Book 12, Page ll-llA Public Records of
Indian River County, Florida less and except the following
described parcel of land. Said parcel contains 49.41 acres
more or less.
Commence at the Southeast corner of Section 14, Township 31
South, Range 38 East, Indian River County, Florida; thence,
North 00 degrees, 24 minutes, 26 seconds West, along the
East line of said Section 14, 1398.19 feet to a point on the
South right-of-way line of County Road 512, 120 foot right-
of-way; thence, South 37 degrees, 43 minutes, 45 seconds
West, along said right-of-way line 32.39 feet to the point
of beginning of the herein described parcel of land; thence
continue, South 37 degrees, 43 minutes, 45 seconds West,
along said right-of-way line 1019.22 feet to the point of
curvature of a non-tangent circular curve concave to the
Northwest having a radius of 750.00 feet. Said point bears
North 89 degrees, 23 minutes, 30 seconds East from the
center of said curve; thence, Southwesterly, through a
central angle of 9 degrees, 44 minutes, 34 seconds for an
arc distance of 127. 53 feet to the point of reverse
curvature of a circular curve concave to the Northeast
having a radius of 670.00 feet; thence, Southeasterly,
through a central angle of 69 degrees, 33 minutes, 20
seconds for an arc distance of 813.36 feet to the point of
reverse curvature of a circular curve concave to the
Southwest having a radius of 750.00 feet; thence,
Southeasterly through a central angle of 28 degrees, 14
minutes, 56 seconds for an arc distance of 369.76 feet to a
point; thence, North 89 degrees, 30 minutes, 46 seconds
east, 51.79 feet; thence, North 00 degrees, 29 minutes, 14
seconds West 501.98 feet; thence, North 00 degrees, 24
minutes, 26 seconds West, 1372.73 feet to the point of
beginning.
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Section 2. CONFLICT. Ail Ordinances or parts of Ordinances
in conflict herewith are hereby repealed.
Section 3. RECORDING. The City Clerk is hereby directed to
record this Ordinance in the Public Records of Indian River
County, Florida.
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 shall 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 become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Councilman
~.C~~ . The motion was seconded by Councilman
~ ~ ~~ and, u, pon being put to a vote, the vote
was as follows:
Mayor Richard B. Votapka
Vice-Mayor Robert McCarthy
Councilman Robert L. McCollum
Councilman Frank Oberbeck
Councilman Lloyd Rondeau
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n ._ 2991_
The Mayor thereupon declared this Ordinance duly passed and
ATTEST:
Kathry~ Mi O'Halloran, CMC/AAE
City Clerk
By:
CITY OF SEBASTIAN, FLORIDA
Richard B. Votapka, Mayor
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 one public hearin~ was held on
this Ordinance at 7:00 p.m. on the_33~day of_~f~L~_~ ,
19~.,~and that following said public hearing this Ordinance was
C!ty C r
AP~Proved/~'S to Form and Content:
Charl ..~. Ian Nash, C.[tv Attorney
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