HomeMy WebLinkAboutO-92-12ORDINANCE NO. '-
0-92-12
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JEFFREY K. BARTON
CLERK CIRCUIT COURT
INDIAN RIVER CO., FLA
AN ORDINANCE OF THE CITY OF SEBASTIAN· INDIAN
RIVER COUNTY · FLORIDA· VAC]%TING A CERTAIN
DRAIN]%GE RIGHT-OF-WAY LOCATED ON LOT 12 · BLOCK
222· SEBASTIAN HIGHLANDS UNIT 8, ACCORDING TO
THE PLAT THEREOF· AS RECORDED IN PLAT BOOK 6,
PAGE 9~ OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY~ FLORIDA, NEAR THE INTERSECTION OF
BISCAYNE LANE AND L~NDSDOWNE DRIVE~ IN THE
CENTRal PART OF THE CITY ~ PROVIDING FOR
RECORDING~ PROVIDING FOR REPE]%L OF ORDINANCES
OR P~RTS OF ORDINANCES IN CONFLICT HEREWITH~
PROVIDING FOR SEVERABILITY~ ~ND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the city Council of the city of Sebastian, Indian
River County, Florida (hereinafter the "city Council"), has
determined that the drainage right-of-way located near the
intersection of Biscayne Lane and Landsdowne Drive on Lot 12, Block
222, SEBASTIAN HIGHLANDS UNIT 8, according to the Plat thereof· as
recorded in Plat Book 6, Page 9, of the Public Records of Indian
River County, Florlda, in the City of Sebastian, Indian River
County, Florida, (the "Drainage Right-of-Way"), no longer serves
the public interest and necessity; and
WHEREAS, the City Council, on behalf of the city of Sebastian,
has determined that it would be in the best interests of the City
of Sebastian and its residents to vacate the Drainage Right-of-
Way if all expenses incurred by the city are reimbursed by the
owners of the lot where the Drainage Right-of-Way is located to the
city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: DCCUM[NTARY STAMPS ~ - ~O
JEFf:RET ~;. BARTON, CLERK
INDIAN R!VER CGUN~
Section 1. YAC~TiON OF DRAINAGE RIgHT-OF-WaY. The City
of Sebastian, indian River County, Florida, hereby vacates the
certain Drainage Right-of-Way located in the City of Sebastian,
Indian River County, Florida, more specifically described as
follows: From the intersection of Landsdowne Drive and Biscayne
Lane in Sebastian Highlands Unit 8, as recorded in Plat Book 6,
Page 9, of the Public Records of Indian River County, Florida, run
S 51 degrees 49 minutes 23 seconds E along the centerline of said
Biscayne Lane a distance of 180.00 feet~ thence run S 38 degrees
10 minutes 37 seconds W to the West right of way of said BisCayne
Lane a distance of 25.00 feet to the Point of Beginning~ thence
continue S 38 degrees 10 minutes 37 seconds W a distance of 115.00
feet~ thence run N 51 degrees 49 minutes 23 seconds W to the South
right of way of said Landsdowne Drive a distance of 150.14 feet~
thence run along said South right of way of Landsdowne Drive
through a curve concave to the Southeast with a radius of 835.83
feet, a central angle of 02 degrees 03 minutes 54 seconds and an
arc distance of 30.12 feet~ thence run S 51 degrees 49 minutes 23
seconds E a distance of 122.84 feet; thence run N 38 degrees 10
minutes 37 seconds E to the West right of way of Biscayne Lane a
distance of 85.00 feet~ thence run S 51 degrees 49 minutes 23
seconds E along said West right of way of Biscayne Lane a distance
of 30.00 feet to the Point of Beginning, and being subject to
easements and right of ways of record.
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Section 2. REIMBURSEMENT OF EXPENSES. The owners of Lot
12, Block 222, SEBASTIAN HIGHLANDS UNIT 8, according to the plat
thereof, as recorded in Plat Book 6, Page 9, of the Public Records
of Indian River County, Florida, have represented to the City that
they will reimburse the City for all expenses incurred by the City
in connection with the vacating of the Drainage Right-of-Way.
Section 3. RECORDING. The City Clerk is directed to
present this Ordinance to the Clerk of the Circuit Court for Indian
River County, Florida, for recording 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 final passage.
The foregoing Ordinance was moved for adoption by Council
Member -~zz,..~'?L....' The motion was seconded by
Council Member .C./.'_~~ and, upon being put to a
vote, the vote was as follows:
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Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council Member Carolyn Corum
Council Member Peter R. Holyk
Council Member George G. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this ~ day of ~ , 1992.
CiTY OF~ SEBASTIAN, F/LeR~A
~_L.O~fii~e R. ~owekU~, May~r
Kathry.n/~. O.~'H~lloran, CMC/AAE
City Cl~rk.' ,.: ..... :
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 hearing was held on this
Ordinance at 7:00 p.m. on the ~ day of ~ , 1992,
and that following said public hearing this Ordin'ance was passed
by the City Council.
Kgthryn~. O'Halloran, CMC/AAE
City Cl~rk
~Form and Content:
Charles Ian~-N-ash, City Attorney
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