HomeMy WebLinkAboutO-99-01ORDINANCE NO. O-99-01
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, DECLARING A PUBLIC NEEO
FOR A LAND SWAP; AUTHORIZING EXCHANGE OF SAID
LANDS; SETTING THE TERMS AND CONDITIONS OF
SAID EXCHANGE; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it has come to the attention of the City Council that lot lines along Louisiana
Avenue do not all run perpendicular to the road right-of-way thereof, and
WHEREAS, the City and Sam Morrison, its adjoining neighbor to City property at
Louisiana Avenue, have in good faith erected improvements in said vicinity in the mistaken belief
that said lot lines were perpendicular to the roadway, resulting in encroachments by City
improvements onto the land of Mr. Morrison and vice-versa; and
WHEREAS, the City Council finds that it would be in the public interest to exchange
lands to reflect the lot lines believed to have been in existence by the parties rather than remove
the improvements; and
WHEREAS, Mr. Morrison has surveyed the boundary between the properties and the
City Council has examined the tax assessments to establish the relative values of thc parcels to be
exchanged;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIlE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. FINDINGS. Due to the existence of encroaching improvements erecled
by the City and Mr. Morrison each upon the land of the other, it is in the public interest to effect
an exchange of real property to reflect the boundary believed to be in existence between the
properties,
Section 2. AUTHORIZATION. The City Council hereby authorizes an exchange of
the following described parcels of real property now lying and being within the incorporated area
of the City of Sebastian, Indian River County, Florida:
See attached Schedule "A".
Section 3. CONDITIONS. The conditions of said exchange are that, upon payment
by Mr. Morfison of $527.22, the City Attorney shall oversee a closing on the property exchange
within thirty (30) days of the effective date hereof., with each party providing a wan'antv deed to
the other party and with all recording costs to be paid by Mr. Morrison.
Section 4. SEVERABiLITY. In the event a court of competent juhsd~ction 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 or unconstitutional provision, thereby causing said remainder to remain in full force and
effect.
Section 5. EFFECTIVE DATE. This Ordinance shall take efl~ct fi.~llo, wing its
adoption and authentication by the signatures of the presiding officer and the Clerk ~' thc City
Council.
The foregoing Ordinance was moved for adoption by Councilmember ._~._.~ Ihe
motion was seconded by Councilmember ~,~,~._... and, upon being put !oa vote,
/
the vote was as follows:
Mayor Ruth Sullivan
Vice-Mayor Martha Wininger
Councilmember Louise R. Cartwright
Councilmember Larry. Paul
Councilmember Chuck Neuberger
of
Kathryh M. i~._'Hallfr~n~ ~-MC'/A)~
City Clerk .
'- .(Seal)
The Mayor thereupon declared this Ordinance duly passed and adopted this /,z-~t~ day
t,~.~ , 1999.
CITY OF SEBASTIAN, FLORIDA
Rut]~'~Sulli~a~] Mayor
Approved as 'to Form and Content for
Rich gtfinger
City Attorney
SCHEDULE "A"
LAND CITY IS TO CONVEY:
A PORTION OF LAND LYING IN GOVERNMENT LOT 4, GOVERNMENT LOT 5, AND THE SOUTH
1/2 OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA,
LYING EAST OF LOUISIANA AVENUE AND WEST OF THE FLORIDA EAST COAST RAILROAD,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 4; THENCE NORTH
89° 59' 33" WEST ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4, A DISTANCE OF 41.91
FEET TO THE POINT OF BEGINNING; THENCE SOUTH 67° 41' 47" WEST A DISTANCE OF 55.37
FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF LOUISIANA AVENUE; THENCE NORTH
21 o 36' 58" WEST ALONG THE EAST LINE OF SAID RIGHT-OF-WAY A DISTANCE OF 22.61 FEET;
THENCE SOUTH 89° 59' 33" EAST, A DISTANCE OF 59.55 FEET TO THE POINT OF BEGINNING.
CONTAINING 625.85 SQUARE FEET MORE OR LESS.
LAND MORRISON IS TO CONVEY:
A PORTION OF LAND LYING IN GOVERNMENT LOT 4, GOVERNMENT LOT 5, AND THE SOUTH
1/2 OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA,
LYING EAST OF LOUISIANA AVENUE AND WEST OF THE FLORIDA EAST COAST RAILROAD,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 4; THENCE SOUTH
89°59' 33" EAST ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4, A DISTANCE OF 6.32
FEET TO THE POINT OF BEGINNING AND A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID
RAILROAD; THENCE NORTH 89° 59' 33" WEST, A DISTANCE OF 41.91 FEET; THENCE NORTH
67°41, 47" EAST A DISTANCE OF 38.99 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF
SAID RAILROAD; THENCE SOUTH 21 o31'02" EAST A DISTANCE OF 15.91 FEET TO THE POINT OF
BEGINNING.
CONTAINING 310.15 SQUAKE FEET MORE OR LESS.