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HomeMy WebLinkAboutO-96-09ORDINANCE NO. 0-96-09 INt)iAN RIVER COUNTY AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE VACATION OF CERTAIN REAL PROPERTY IN THE CITY OF SEBASTIAN; AUTHORIZING THE TRANSFER AND EXCHANGE OF CERTAIN REAL PROPERTY IN THE CITY OF SEBASTIAN TO ALIGN PROPERLY ROSELAND ROAD SOUTH OF C.R. 512; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Florida (City) entered into an Agreement with PTC Enterprises, Inc. (PTC) and Lennar Northeast Partners Limited Partnership (Lennar); and WHEREAS, PTC is required to construct Roseland Road from C.R. 512 to Laconia Street; and WHEREAS, the proper alignment of the new road with the existing Roseland Road north of C.R. 512 requires a realignment of right-of-way; and WHEREAS, Lennar is required to reconstruct part of Laconia Street under the Agreement; and WHEREAS, the owners of the adjacent property have agreed to convey the property necessary for the realignment of Roseland Road in exchange with the City's vacation and transfer of part of the existing right-of-way for Roseland Road; and WHEREAS, the vacation of part of Laconia Street is necessary to provide screening and limitation of access from Laconia Street to the PTC project; and WHEREAS, the City Council of the City of Sebastian finds that such vacation and transfer is in the public interest and the additional property being acquired for Roseland Road is needed for a City purpose; and WHEREAS, the property being vacated is no longer needed for a City purpose. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. RECITALS. The recitals set out in this Ordinance are true and correct. This Ordinance is adopted under the provisions of Section 2-93 of the Sebastian Code. SECTION 2. VACATION. The City of Sebastian hereby vacates the real property described in Exhibit "H" which is incorporated herein and made a part hereof. SECTION 3. EXCHANGE. The City of Sebastian hereby authorizes the Mayor and Clerk to execute a Quit-Claim Deed conveying the real property described in Exhibit '~I" to PTC. SECTION 4. CONVEYANCE TO CITY. Lennar shall convey to the City the real property described in Exhibit "G" simultaneous with the City's vacation of the real property described in Exhibit and the City's delivery of a Quit-Claim Deed for the real property described in Exhibit "I." Lennar shall furnish title insurance to the City or an attorney's Certificate of Title evidencing either insurable title or marketable title in Lennar's name, free and clear of all encumbrances unless the holders of any lien join in the conveyance for the real property described in Exhibit SECTION 5. DELIVERY OF THE QUIT-CLAIM DEED. The City Manager is authorized to deliver the Quit-Claim Deed to the real property described in Exhibit "I" upon receipt of a Warranty Deed for the property described in Exhibit "G." SECTION 6. SEVERABILITY: If any section or part of a section of this Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Ordinance shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Ordinance is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. SECTION 7. CONFLICTS: Ail Ordinances or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 8. EFFECTIVE DATE: This Ordinance shall take effect immediately upon its adoption. PASSED BY THE CITY COUNg%~ OF THE CITY ~~TIAN, FLORIDA, ON 'T , 1996. FIRST READING, THIS /~.4~-_ DAY OF '~ OF SEBASTIAN, PASSED AND ADOPTED BY THE CITY COUNC~ OF THIS FLO~,~DA, ON SECOND AND FINAL READING, THIS /06 DAY OF The foregoing Ordinance Councilmember by Councilmember was moved for adoption by The motion was seconded and, upon being put into a vote, the vote was as follows: Mayor Louise R. Cartwright Vice Mayor Walter Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka 3 The Mayor thereupon declared this Ordinance duly passed and adopted this /~'~ day of (/~ , 1996. - ! CITY OF SEBASTIAN, FLORIDA ,?. A. TT~ST: ~;'; .~... '" ',. % '.'..,-,..,:, 0o° ¢,~ ",,'.. " ;.';, , ~t"-?~ '~ ,?. " ' ..'";~,B~'~"db~e'd.~.~ ,t.5 Form a~(:l Co,tent: ~¢m Cli-~td~.'_~. HcCle'l'la~d, Jr. City Attorney ~ ~ Cartwright,C~MaYor By: ~o~ise p,.. ,.~ ~~~¢~,~- EXHIBIT "G" LEGAL DESCRIPTION FOR ADDITIONAL ROSELAND ROAD A PORTION OF TRACTS "C" AND "F", ACCORDING TO THE RECORD PLAT OF SEBASTIAN LAKES UNIT ONE, AS RECORDED IN PLAT BOOK 12, PAGES 11 AND llA, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS: CO?5~ENCING AT THE NORTHERLY MOST CORNER OF TP~CT "A"; THENCE RUN WESTWARDLY ALONG THE SOUTH LINE OF FELLSMERE ROAD, WHICH IS ALSO THE NORTH LINE OF TP~CT "A", A BEARING OF SOUTH 37°43'45'' WEST, A DISTANCE OF 1013.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF-WAY SOUTH 37°43'45'' WEST A DISTANCE OF 70.57 FEET; THENCE RUN SOUTH 52°16'15" EAST A DISTANCE OF 729.40 FEET TO A POINT OF CURVATURE; RUN THENCE ALONG SAID CURVE TO THE RIGHT WITH SAID CURVE HAVING A RADIUS OF 225.00 FEET, A CHORD BEARING OF SOUTH 26°22'45'' EAST, A CHORD DISTANCE OF 196.50 FEET, A LENGTH OF 203.35 FEET, TO THE WESTERLY RIGHT-OF-WAY LINE OF LACONIA STREET; THENCE RUN NORTH 00°29'14'' WEST A DISTANCE OF 89.82 FEET TO A POINT OF CURVATURE; RUN THENCE ALONG SAID CURVE TO THE LEFT WITH SAID CURVE HAVING A RADIUS OF 225.00 FEET, A CHORD BEARING OF NORTH 26°22'45" WEST, A CHORD DISTANCE OF 196.50 FEET, A LENGTH OF 203.35 FEET, THENCE RUN NORTH 52°16'15'' WEST A DISTANCE OF 673.84 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.31 ACRES, MORE OR LESS. EXHIBIT "H" LEGAL DESCRIPTION FOR THE VACATED NORTH PORTION OF ROSELAND ROAD A PORTION OF THE VACATED ROSELAND RIGHT-OF-WAY, MORE PARTICULARLY DESCRIBED AS: COCA'fENCING AT THE NORTHERLY MOST CORNER OF TRACT "A", ACCORDING TO THE RECORD PLAT OF SEBASTIAN LAKES UNIT ONE, AS RECORDED IN PLAT BOOK 12, PAGES 11 AND llA, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 37°43'45'' WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FELLSMERE ROAD (COUNTY ROAD 512) A DISTANCE OF 933.72 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE NORTHWESTERLY MOST CORNER OF TRACT "B" OF SEBASTIAN LkKES UNIT ONE, AS RECORDED IN PLAT BOOK 12, PAGES 11 AND llA, OF THE PUBLIC RECORDS OF IN-DI~N RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 52°16'15" EAST ALONG THE NORTHERLY LINE OF LAST SAID TRACT "B" A DISTA~NCE OF 745.80 FEET; THENCE RUN SOUTH 00°24'26" EAST A DISTANCE OF 17.74 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVING WESTERLY HAVING A RA]DIUS OF 35.00 FEET, A DELTA ~N'GLE OF 28°59'08'`, A CHORD LENGTH OF 17.52 FEET, A CHORD BE.bRING OF SOUTH 14°05'08" WEST, RUN ALONG SAID CURVE A LENGTH OF 17.71 FEET; DEPARTING LAST SAID CURVE, THENCE RUN NORTH 52:16'15" WEST A DISTANCE OF 763.79 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF FELLSM]ERE ROAD; THENCE RUN NORTH 37°43'45'' EAST ALONG LAST SAID RIGHT-OF-WAY LINE A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. SAID P~-RCEL CONTAINS 0.52 ACRES, MORE OR LESS. LEGAL DESCRIPTION FOR THE VACATED SOUTH PORTION OF ROSELA-ND ROAD A PORTION OF THE VACATED RIGHT-OF-WAY FOR ROSELAi~D ROAD, MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE NORTHERLY MOST CORNER OF TRACT "A" ACCORDING TO THE RECORD PLAT OF SEBASTIAN LAF~ES UNIT ONE, AS RE~ORDED IN PLAT BOOK 12, PAGES 11 AND llA, OF THE PUBLIC RECORDS OF INDIA/~ RIVER. COUNTY, FLORIDA; THENCE RUN SOUTH 37°43'45'' WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FELLS¥~RE ROAD (COUNTY ROAD 512) A DISTANCE OF 963.72 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 52:16'15" EAST A DIST~NCE OF 763.79 FEET TO A POINT ON A CURVE CONCAVING WESTERLY HAVING A RADIUS OF 35.00 FEET, A DELTA ANGLE OF 87°09'24'', A CHORD BEARING OF SOUTH 72°09'24'' WEST, A CHORD LENGTH OF 48.25 FEET, RUN ALONG SAID CURVE A DISTANCE OF 53.24 FEET TO A POINT ON A CURVE CONCAVING WESTERLY HAVING A RADIUS OF 225.00 FEET, A DELTA ANGLE OF 16°58'28'', A CHORD BEARING OF NORTH 43°47'01'' WEST, AND A CHORD LENGTH OF 66.41 FEET, RUN ALONG LAST SAID CURVE A DISTANCE OF 66.66 FEET; THENCE RUN NORTH 52°16'15'' WEST A DISTANCE OF 670.82 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF FELLSMERE ROA~D; THENCE RUN NORTH 37043'45'' EAST ALONG LAST SAID RIGHT-OF-WAY LINE A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.53 ACRES, MORE OR LESS. EXHIBIT "H" (Page 2) LEGAL DESCRIPTION FOR VACATED LACONIA RIG}iT-OF-WAY A FORT$ON OF VACATED RIGHT-OF-WAY OF LACOPIIA STREET , MORE FARTICULARLY DESCRIBED AS: BEGTNNING AT T;.IE ~OR'r?IERLY MOST C. OR~;ER OF TRACT "A", ACCORDING TO TIIE RECORD PI. AT OF SEBASTIAN LAKES I~NIT ONE,' AS RECORDED I~; ['LAT BOOK 12, PAGES. 11 AND llA, OF THE PUBLIC RECORDS OF ~;DSAN R1.VFR COUNTY,' 'FLORIDA; THENCE RUN WESTWARDLY ALONG THE NORTH LINE~. OF LACONIA-STREET, WHICH IS AL.~O TNE EAST LI~IE OF TRACT "A", A OF SOUTH 00"7.4'26" EAST, A DISTAP;CE OF 1187.13 FEET; THE~CE PUN SOUTH 52"16'15" EAST, A DISTANCE OF 12.71. FEET; THENCE RUN NORTH 00" 24'26" WEST, A DISTANCE OF 1,'/.07.72 FEET; THENCE RU~; SOUTH 37~43'45'' WEST, A Df. STANCE OF ]6.20 FEET TO THw. POI~T OF SA/I) PARCEL iCONTAINS 0.P. 8 ACRES, MORE OR LESS. EXHIBIT "I" .... LEGAL DESCRIPTION FOR THE VACATED DEEDED PORTION OF ROSELAND ROAD A PORTION OF THE VACATED RIGHT-OF-WAY OF ROSELAND ROAD, MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE NORTHERLY MOST CORNER OF TRACT "A", ACCORDING TO THE RECORD PLAT OF SEBASTIAN LAKES UNIT ONE, AS RECORDED IN PLAT BOOK 12, PAGES 11 AND llA, OF THE PUBLIC RECORDS OF INDIAN RIVER. COUNTY, FLORIDA; THENCE RUN SOUTH 37°43'45" WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FELLSMERE ROAD (COUNTY ROAD 512) A DISTANCE OF 993.72 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 52°16'15'' EAST A DISTANCE OF 670.82 FEET TO A POINT ON A CURVE CONCAVING SOUTHERLY HAVING A RADIUS OF 225.00 FEET, A DELTA ANGLE OF 16°58'28", A CHORD BEARING OF SOUTH 43°47'01'' EAST, A CHORD LENGTH OF 66.41 FEET, RUN ALONG SAID CURVE A DISTANCE OF 66.66 FEET TO A POINT ON A CURVE CONCAVING NORTHERLY HAVING A RADIUS OF 35.00 FEET, A DELTA ANGLE OF 11°59'39'', A CHORD BEARING OF NORTH 58°16'04'' WEST, A CHORD LENGTH OF 7.31 FEET, RUN ALONG SAID CURVE A DISTANCE OF 7.33 FEET; THENCE RUN NORTH 52°16'15'' WEST A DISTANCE OF 729.24 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF FELLSMERE ROAD, THENCE RUN NORTH 37°43'45'' EAST ALONG LAST SAID RIGHT-OF-WAY LINE A DISTANCE OF 10.57 FEET TO THE POINT OF BEGINNING. .SAID PARCEL CONTAINS 0.17 ACRES, MORE OR LESS.