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Home My WebLink AboutR-01-51 I, ,Jeanette Williams, do hereby certify that the attached is a true and comeet copy of Resolution No, R-9.t,5kas a~qJlteir6y,ltSSe,R~Slian City C<>uncil on July 11th, 2001, , ',.' ,.e,':':.' N ' "\, ''''0 \" 'I' . .. f~', I heneby affix my signalune this 13th day of July, 2001, D 5 ' I '1. ;, J.--<-' . Janette William$. . eputy City ClerK IN THE RECORDS Of' JEFFREY K. ,BARTON .;: U;' ~ CLERK CIRCUIT COURT , INDIAN RIVER CO.. FLA. ';~. \;' /C,' RESOLUTION NO. R-Ol-51 '/'1 . '~'" _ ~ ....':1 i{,;~", . ,(J ,~",..." A ,RESOLUTION OF THE CITY OF SEBASTlA::&,,'!ii;om:A;' ABANDONING RIGHT-OF~WAY FOR AN ALLEY OFF JACKSON NOTES STREET IN OCEAN HEIGHTS SUBDMSION; PROVIDING FOR JEFFREY K. BARTON. CLERK CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INDIAN RIVER COUNTY AN EFFECTIVE DATE. C-j; Please return this instrument to: City ClerK City of Sebastian 7>l 1225 Main Street Sebastian, FL 32958 DOCUMENTARY STAMPS DEED$ . 71> WHEREAS, City has received an application from Jerry Hall for abandonment of a right-of-way adjacent to property he owns in the City of Sebastian; and WHEREAS, the right-of.way is for a 20 foot wide, 50 foot remainder of a partially abandoned and unused alley in the amended plat of Ocean Breeze Heights Subdivision; and WHEREAS, said application has been processed in accordance'with the provisions of the City Code, and theCity Council finds that the right-of-way is no longer needed for a public purpose; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNcn. OF THE CITY OF SEBASTIAN, INDIAN RIVER COllNTY, FLORIDA, as foDows: Section 1. ,RIGHT-OF-WAY ABANDONED. The City hereby abandons and releases its interest in that portion of the right-of-way for an 1illeyway as descnbed in the attached Exhibit "A", as further illustrated by the survey contained in said Exhibit. Section 2. CONFIJCT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section, 3. SEVERABillTY. In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid or unconstitutional, the r,.",,~;nner of the resolution shall not be affected lind it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invilid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this resolution without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. N 00 00 o 1..0 CJ1 Cl -, ~ N J;:" ~ - .. J;:" o ::0 ;;:- -J -0 c;") N ;;:- o co Section 4. upon adoption. EFFECTIVE DATE. This resolution sball become effective The foregoing Bishop Barczyk resolution was moved for adoption by Counci1member The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes aye Vice-Mayor Ben A. Bishop aye Councilmember Joe Barczyk aye Councilmember James Hill aye, Co'uncilmember Edward J Majcher, Jr, . aye The Mayor thereupon declared this resolution duly passed and adopted this 11111 day of July, 2001. CITY OF SEBASTIAN, FLORIDA By: Wd~ f!::,(JA~ Mayor Walter Barnes ATTEST: , ~~:>>1 . Sally A. ~o, CMC City Cleric .', Approved as to form and legalityfor reliance by the City of Sebastian: o ::0 .l;:"' -' --0 c;-> N - .,.. o 1.0 Exhibit "A" P,O.C, ABANDONED ALLEY ~ MOSTNORTHERL Y POINT .-r OF LOT I f BLOCK I (.oj 2S Ok..1 FD .' CAPPED IRON PIPE (PRM) .'J..Oa"/ ra- - ~ - ~Io-i'?y , " 7 SEBASTIAN CEMETERY 0 PROPERTY , /// ~~ ~" .,,'0/ ?)/ ~ ~-.r/ ' ,<?,/ D"' nay 'V '!Y ~~ 'r / / / NH CORNER LOT I, BLOCK I LOT 1 PARCEL: A Ncrlh PART OF LOT I TO~N OF ~AUREGAN LOT I BLOCK 10 LOT 2 BLOCK 10 GRAF'>-IIC &CALE 20 I ( ( IN FEET) inch ,20 rL PART OF LOT I BLOCK I AMENDED PLAT OF OCEAN BREEZE PLAT BOOK :2, PAGE 7, IN~IAN RIVER COUNTY, FLORiDA '''''''' ) ..- Lon BLOCK ..- ..- ..- ..- ..- ..- ..- ..- ..- ..- ..- ce, ...../ ...- LOT :3 BLOCK I LEuEND POC . POINT OF COMMENCEMENT POB . FOINT OF BEGINNING SEe . SECTION TWP . TOWNSI4IP RGE . RAt.lGE GOV'T . GlOVERNMENT PRM . PERMANENT REFERENC E 0 MONUMENT ::0 SKETCI-~ OF LEuAL DESCRIPTION OF ABANDONED ALLEY: FOR: JERRY F, I MARSHA U, HALL (SEE SHEET 2 OF 2 FOR LEGAL DESCRIPTION) I-lOU5TON I PRICE, INC. Professional Land 5urveyors g4% U,S, HlghUJoy I Seoo5lion, Florida 32g5B TEL: (%1) 38B-8.03 PROJ, NO, 00-22gLG J;:'" " THIS IS NOT A " BOUNDARY SURVEY --1 -0 = 1"0 + 10 DWN, BY: PRB CKD, BY: 5AH DATE: 5/03/01 SCALE: 1'= 20' SHEET I OF 2 '. . Legal De&criplion: ABANDONED ALLEY ALL THAT PART OF AN ALLEY, TO BE ABANDONED, AS SHOi-oJN ON THE AMENDED PLAT OF OCEAN BREEZE HEIGHTS SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 7, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTI, FLORIDA, L liNG ADJACENT AND CONTIGUOUS TO LOTS I, 2 AND 3, BLOCK I; LOT I, BLOCK ",' AND THE NORTHERL I RIGHT OF i-oJAI LINE OF 11th, STREET (AS PLATTED), JACKSON STREE"i (AS POSTED), B,EING MORE PARTICULARL I DESCRIBED, AS FOLLOHS; , COMMENCING AT A, CAPPED 4' IRON PIPE LABELED AS A PRM 'ON SAID AMENDED PLAT OF OCEAN BREEZE HEIGHTS" SAID POINT ALSO BEING THE MOST NORTHERLI POINT ON SAID LOT I, BLOCK I, RUN 54.,20' 5'l 'i-oJ , ALONG THE NORTH LINE OF SAID LOT I, BLOCK I, 15.07 FEET TO A POINT, THENCE CONTINUE S4~'20'5'l"W, ALONG THE NORTH LINE OF SAID LOT I, BLOCK I, "5,38 FEET TO THE NORTHWEST CORNER OF SAID LOT I, BLOCK I, ,THENCE S23'1'l'00"E, ALONG THE WEST LINE OF SAID LOT I, BLOCK I, 53,75 FEET TO THE NORTHWEST CORNER OF SAID ALLEI FOR THE POINT OF BEGINNING; , ' THENCE N"S'15'55'E, 20,025 FEET, THENCE S23'1'l'00"E, 50.07 FEET TO THE, NORTH RIGHT OF WAY LINE OF 11th, STREET (AS PLATTED), JACKSON STREET (AS POSTED), THENCE S~3'15'35'Vol, ALONG ,THE SAID NORTH RIGHT OF i-oJAI LINE OF JACKSON STREET, 20,025 FEET, TO THE SOUTHEAST CORNER OF LOT I, BLOCK ~, OF SAID OCEAN BREEZE HEIGHTS SUBDIVISION, THENCE N23'1'l'00"W, ALONG THE EAST ,LINE OF SAID LOT'I, BLOCK ~, 50,.07 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 1001.07 SQ. FT., (0.0250 ACRES), MORE OR LESS, Prepared B:J HOU5TON t PRICE, INC, 0> :::17 ..&:"' STUART A. HOU5TCW, P .L.S. *'44qo -.I --c c;-.J N HOUSTON j FRICE. INC, Professicnol Lond Surveyors 'l4% U,5, Highway I 5ebaslim, Florida 32%5 TEL: (5<>1) 35!Hl"03 THIS 51JRVEY 15 NOT VALID WITI-lOUT THE 5lGNA1URE AND THE ORIGINAL RAISED SEAL OF TIlE FLORIDA LICENSED SURVEYOR AND MAPPER. NAMED BELOW. ~L. 'f1\4A\ .:;::- PROJ, NO, 00-22QLG SHEET 2 OF 2 RESOLUTION NO. R-Ol-51 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ABANDONING RIGHT-OF-WAY FOR AN ALLEY OFF JACKSON STREET IN OCEAN HEIGHTS SUBDIVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City has received an application from Jerry Hall for abandonment of a right-of-way adjacent to property he owns in the City of Sebastian; and WHEREAS, the right-of-way is for a 20 foot wide, 50 foot remainder of a partially abandoned and unused alley in the amended plat of Ocean Breeze Heights Subdivision; and WHEREAS, said application has been processed in accordance with the provisions of the City Code, and the City Council finds that the right-of-way is no longer needed for a public purpose; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. RIGHT-OF-W A Y ABANDONED. The City hereby abandons and releases its interest in that portion of the right-of-way for an alleyway as described in the attached Exhibit "A", as further illustrated by the survey contained in said Exhibit. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid or unconstitutional, the remainder of the resolution 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 provisions. It shall further be assumed that the City Council would have enacted the remainder of this resolution without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This resolution shall become effective upon adoption, The foregoing Bishop Barczyk resolution was moved for adoption by CounciImember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes aye Vice-Mayor Ben A Bishop aye Councilmember Joe Barczyk aye Councilmember James Hill aye CounciImember Edward J. Majcher, Jr. aye The Mayor thereupon declared this resolution duly passed and adopted this 11 th day of July, 2001, CITY OF SEBASTIAN, FLORIDA By: ["(J,, ~d:i::J I iL, J,'i).J:, Mayor Walter Barnes ATTEST: ,)y; Approved as to form and legality for reliance by the City of Sebastian: Exhibit "A" P.OL ABANDONED ALLEY ~ MOST NORHiERL Y POINT ,,~ OF LOT I, BLOCK I <0 2500' FD 4" CAPPED IRON PIPE (PRM) nO ~ 0- - - - - - LOT I . v 0/ t>-lo~/ o ;/ SEBASTIAN CEMETERY PROPERTY ,\<:; , '2'0\ \- \,\13 A / / , / '>J'b/ ~/ lo/ ,~/ " ,<J'/O"- 0/ v ,'1:/ t>-~ 0/ / / / NH CORNER LOT I, BLOCK I HEIGHTS) /' \~0\1' North PARCEL: A PART OF LOT I BLOCK I PART OF LOT I TOWN OF WAUREGAN /' /' AMENDED PLAT OF OCEAN BREEZE PLAT BOOK 2, PAGE 7, INDIAN RIVER COUNTY, FLORIDA /' /' /' /' /' /' /' /' /' /' /' /' LOT I BLOCK 10 LOT2 BLOCK /' /' /' /' /' /' /' /' POB ABANDONED /' /' /' /' LOT 3 BLOCK I LOT 2 BLOCK 10 ~ ~O O~ ~'0 '0'3 (/)03'\ r>-"'()~~Q 1 (?""<(>oY \2-<(...<(..."\ '\ (/, 0"\~~~~ \\.\"- ~ 0 ~ ~I 'f-00~O .)~C / Y GRAPf-lIC SCALE / 20 I ( o 10 20 )'-------"I~ ( IN FEET) inch = 20 fl. LEGEND POC = POINT OF COMMENCEMENT POB = POINT OF BEGINNING SEC = SECTION THP = TOHNSfjlP RGE = RANGE GOV'T = GOVERNMENT PRM = PERMANENT REFERENCE MONUMENT SKETCI-J OF LEGAL DESCRIPTION OF ABANDONED ALLEY: FOR: JERRY F. 4 MARSI-JA G, I-JALL (SEE SI-iEET 2 OF 2 FOR LEGAL DESCRIPTION) j-jOU5TON 4 PRICE, INc. Professional Land Surveyors '143& us. I-iighway I Sebastian, Florida 32%B TEL (:'&1) 3BB-5003 " HilS IS NOT A " BOUNDARY SURVEY DNN BY: PRB CKD. BY: SAI-i DATE: :'/03/01 SCALE: 1"= 20' PROJ. NO. 00-22'1I.G SI-iEET I OF 2 Lega I Description: ABANDONED ALLEY ALL TI~AT PART OF AN ALLEY, TO BE ABANDONED, AS SI-jONN ON TI-jE AMENDED PLAT OF OCEAN BREEZE I-jEIGI-jTS SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 7, OF TI-jE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LYING ADJACENT AND CONTIGUOUS TO LOTS I, 2 AND 3, BLOCK I; LOT I, BLOCK 0, AND TI-jE NORTI-jERL Y RIGI-jT OF NAY LINE OF 11th, STREET (AS PLATTED), JACKSON STREEI (AS POSTED), BEING MORE PARTICULARLY DESCRIBED AS FOLLONS; COMMENCING AT A CAPPED 4" IRON PIPE LABELED AS A PRM ON SAID AMENDED PLAT OF OCEAN BREEZE I-jEIGI-jTS, SAID POINT ALSO BEING TI-jE MOST NORTI-jERL Y POINT ON SAID LOT I, BLOCK I, RUN S40'20' 5'1"N, ALONG THE NORTH LINE OF SAID I_OT I, BLOCK I, 1507 FEET TO A POINT, TI-jENCE CONTINUE S40'20'5'1"N, ALONG THE NORTH LINE OF SAID LOT I, BLOCK I, 033B FEET TO TI-jE NORTI-jNEST CORNER OF SAID LOT I, BLOCK I, n~ENCE S23'I'1'00"E, ALONG TI-jE NEST LINE OF SAID LOT I, BLOCK I, 53.7B FEET TO THE NORTI-jNEST CORNER OF SAID ALLEY FOR THE POINT OF BEGINNING; THENCE N03'IB'3B"E, 2002B FEET, THENCE S23'I'1'00"E, 5007 FEET TO THE NORTI-j RIGI-jT OF NAY LINE OF 11th. STREET (AS PLATTED), JACKSON STREET (AS POSTED), THENCE S03'IB'3B"N, ALONG TI-jE SAID NORTH RIGHT OF NAY LINE OF JACKSON STREET, 20.02B FEET, TO H1E soun~EAST CORNER OF LOT I, BLOCK 10, OF SAID OCEAN BREEZE HEIGHTS SUBDIVISION, THENCE N23'I'1'OO"N, ALONG THE EAST LINE OF SAID LOT I, BLOCK 10, 5007 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 100107 SQ. FT, (00230 ACRES), MORE OR LESS. Prepared B~ HOUSTON ~ PRICE, INC. >;~A L I) ~4/\\ STUART A HOUSTON, PLS, n44g0 HOUSTON 4 PRICE, INC. ProFessimal Land Surveyors Cj43", Us. I-lighwoy I Sebastian, Florida 32%5 TEL (5"'1) 355-5W3 THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER NAMED BELOW, PROJ NO 00- 22CjLG SI-lEET 2 OF 2