The URL can be used to link to this page

Home My WebLink AboutO-92-13RECORD VERIFIED JEFFREY K. BARTON CLERK CIRCUIT COURT INDIAN R~\/~'~ ORDINANCE NO.: 0-92-13 ~OCUMENTAR¥ STAMPS 0EED $, 7 0 INDIAN RtYER [~09NTY AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF THE CENTRAL AVENUE RIGHT-OF-WAY LOCATED EAST OF U.S. HIGHWAY 1, ALSO KNOWN AS STATE ROAD 5, WEST OF INDIAN RIVER DRIVE AND NORTH OF MAIN STREET; PROVIDING FOR THE PRESERVATION OF CURRENTLY EXISTING PUBLIC UTILITY EASEMENTS; PROVIDING CONDITIONS; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND 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 a portion of the Central Avenue right-of-way located east of U.S. Highway 1, also known as State Road 5, west of Indian River Drive and north of Main Street, in the City of Sebastian, Indian River County, Florida, (the "Road Right-of- Way"), no longer serves the public interest and necessity; and W~EREAS, the City Council, on behalf of the City of Sebastian, (the "City"), has determined that it would be in the best interests of the City and its residents to vacate the Road Right-of-Way. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. VACATION OF ROAD RIGHT-OF-WAY. The City hereby vacates the Road Right-of-Way located in the City of Sebastian, Indian River County, Florida, more specifically described as follows: Beginning at a found 2" iron pipe located at the Southwest corner of Lot 21, INDIAN RIVER HILLS SUBDIVISION, as recorded in Plat Book 4, Page 51, Public Records of Indian River RETLIRN'T~P~ City of Sebastian POST OFFICE BOX 780127 SEBASTIAN, FLORIDA 32978 County, Florida; thence South 44 degrees 35' 21" West along the Westerly projection of the South line of Lot 21, 24.98 feet to the Easterly Right of Way Line of U.S. Highway No. 1, thence North 36 degrees 40' 33" West along said Easterly Right of Way Line of U.S. Highway No. ~1, 321.49 feet to its intersection with the Westerly pro3ection of the North Property Line of Lot 8 of said INDIAN RIVER HILLS SUBDIVISION; thence North 52 degrees 35' 38" East along said Westerly projection of Lot 8, 80.34 feet to the Northwest corner of said Lot 8; thence South 26 degrees 46' 22,' East along the Easterly Right of Way Line of Central Avenue a distance of 323.55 feet back to the Point of Beginning, all of the above lying and being in Indian River County, Florida. Section 2. PRESERVATION OF EASEMENTS. Notwithstanding any provision contained in this Ordinance to the contrary, the vacation of the Road Right-of-Way as described in Section 1 of this Ordinance shall not operate to terminate any public utility easements currently existing in the Road Right-of-Way unless the public utilities which currently have an interest in such public utility easements shall consent, in writing, to the vacation of any such public utility easements. Section 3. CONDITIONS. The granting of the vacation of the Road Right-of-Way by the City Council pursuant to this Ordinance is subject to, and conditioned upon, Sebastian Inlet Marina & Trading Co., a Florida corporation, fulfilling the following conditions within Two Hundred Seventy (270) days from the 2 date this Ordinance is adopted by the City Council, unless such time period is extended by the resolution of the City Council at the sole discretion of the City Council: That the cost of relocating any existing public utilities, including power lines, shall be at the expense of Sebastian Inlet Marina & Trading Co.; provided, that all such relocations shall only to be made with the approval of the utility company and the City Engineer. 'That Sebastian Inlet Marina & Trading Co. shall obtain the approvals of all governmental agencies, including the Florida Department of Transportation, before effectuating any changes to the Road Right-of-Way. That Sebastian Inlet Marina & Trading Co. shall, at its expense, construct sidewalks with ramps suitable for wheelchair traffic along the Florida Department of Transportation road right-of-way of the Road Right-of- Way that will connect the existing sidewalks from the northern boundary to the southern boundary of the portion of the Road Right-of-Way being vacated, at the expense of Sebastian Inlet Marina & Trading Co. That Sebastian Inlet Marina & Trading Co. shall, at its expense, construct curb and gutter replacement and submit an engineer's plan to the City Engineer for his aDproval, in addition to the approval to be obtained by Sebastian Inlet Marina & Trading Co. from the Florida 3 Department of Transportation. 5. That Sebastian Inlet Marina & Trading Co., at its expense, shall provide sod to all disturbed lands in the remaining area comprising the Florida Department of Transportation road r±ght-of-way of the Road Right-of- Way. 6. That Sebastian Inlet Marina & Trading Co., at its expense, shall provide a ten (10) foot wide landscape strip in the area ad3acent to the Road Right-of-Way in accordance with the provisions of Section 20A-13.5 of the Land Development Code of the City. 7. That Sebastian Inlet Marina & Trading Co., shall reimburse the City for all expenses incurred by the City associated with the process that has led to the consideration of this Ordinance by the City Council, including fees paid to the City Attorney and the expense of advertising the legal notice for this Ordinance. Sebastian Inlet Marina & Trading Co. shall record an Affidavit signed by one of its duly authorized officers in the Public Records of Indian River County, Florida, within said 270 day period attesting, under oath, to the fact that either all of the conditions listed herein have been satisfied or that one or more of the conditions listed herein have not been satisfied. If one or more of the conditions listed herein have not been satisfied, the vacation of the Road Right-of-Way shall be null and void. Sebastian Inlet Marina & Trading Co., by and through one of its duly authorized officers, shall sign this Ordinance indicating its assent to the conditions contained in this Section 3. Section 4. RECORDING. The City Clerk is directed to present this Ordinance to the Clerk of the Circuit for Indian River County, Florida, for recording in the Public Records of Indian River County, Florida, on the effective date of this Ordinance. Section 5. SEVERABILITY. In the event a court of competent ~urisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of this 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 6. EFFECTIVE DATE. This Ordinance shall become effective ~mmed~a~e~-,mp~n--~t~-a~e~ .upon ~e issuance of a building permit by the City to Sebastian Inlet Marina & Trading Co. for any site imDrovements within the portion of Central Avenue described in Section 1 of this Ordinance; provided, however__~, that this Ordinance shall be void ab initio if no such building permit is issued on or before February 12, 1993. 5 Sebastian Inlet Marina & Trading Co., by and through its undersigned officer, assents to the conditions contained in Section 3 of this ~ ~ Print Name:~o~ ~, ~ll'~l~ o~o~ .e~: 7~i ~ The foregoing Ordinance was moved for adoption by Council Member ~//~ . The motion was seconded by Council Member ~~ and, upon being put to a vote, the vote was as follows: 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 adopte~ this /~'~day of ~r~P , ~992. ATTEST: SEBASTIAN, FLORIDA L0nnie R~ Powe-l~ ,- ~ayor Kathry~M. O'Halloran, CMC/AAE City Clerk 6 I HEREBY CERTIFY that notice of public hearing on this Ordinance Was published in the Veto 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 Ordinance was passed by the City Council. Kathryn ~. O~halloran, CMC/AAE City Clerk Approv~_as~Form and Content: Charle~ Ian Nash, Cit~ Attorney City of Sebastian OST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE.(407) 589-5330 [] FAX (407) 589-5570 M E M O R A N D U M TO: FROM: DATE: Sally Maio Deputy City Clerk Bruce Cooper ,~~- Director of Community Developmen January 21, 1993 RE: Ordinance 0-92-13 - Sebastian Inlet Marina On January 21, 1993, White Stone Associates, Inc. was issued Building Permit 93-00138 for curbs, sidewalks and related landscaping at U.S. 1 and Central Avenue for Sebastian Inlet Marina. This permit was issued pursuant to the conditions outlined in Ordinance 0-92-13. BC:jk CC: Tom Collins