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Home My WebLink AboutR-01-52 !, J~anette Williams, do hereby certify that the attached is a true and correct copy of Resolution No. R-01~52, as ado~~~Y~he"89~,~tian City Council on July 11th, 2001, .>~~ t-l. ," , ,.;~ ;>';. '" . I hereby affix my signature this 13th d"tl6btJ'MIffl~ARY STAMPS, :;, ,. ~ .~,,..... ~f>' DEED$ . 7/9 :fn): {iOTE$ INTHERECOROSO"~ UJ i JEFFREYK. BARTON ;In: JEFFREY K. BARTON, CLERK CLERK CIRCUIT COUR~., INDIAN RIVER COUNTY INDIAN RIVER CO., "LA.,:. J.>' RESOLUTION NO~ R-Ol-52 1/. ~o~_ I, .'... \.;;.'" "~1 \J ~v-'. ~ ~ ~.~ :-: t ;;!; g ;.-.., ~ eo' ,._i ~~~ . f}<)t>.\.(:::: lt~O ~i:' ""'fHIQ~1o' ~. {t.... _~.;;;. ), ,v.',, A RESOLUTION OF THE CITY OF SEBASTIAN, FLO:Rllt~;w,"""~' ABANDONING A PORTION OF RIGHT-OF-WAY FOR INDIAN RIVER DRIVE IN SECTIONS EXCEEDING THE STANDARD WIDTH OF SIXTY-SIX FEET; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Please return this instrument to: CityClerl< City of Sebastian -.?"\ 1225 Main Streel I,' \ Sebastian. FL 32958 , _ o~ yo' \7'10 WHEREAS, during the construction of the Riverwalk it came to the attention of staff that the right -of-way for Indian River Drive does not maintain a consistent width throughout the jurisdiction of the City; and WHEREAS, in two significant areas, one just south of Davis Street and the other in the area ofRiverview Park, the right-of-way measures eighty-feet as compared to the standard width of sixty-six feet elsewhere in the City; and WHEREAS, staff analysis suggests that the right-of-way near the Park should be maintained at the current width due to impending redevelopment of the area and the likelihood that the drainage system must be retrofitted to meet newer, more stringent state and federal standards, and WHEREAS, the City Council finds that northern area is fully developed and the infrastructure needs of the ~ea are in place and located within the sixty-six feet width of the adjoining roadways, thus the additional 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-WAY ABANDONED. The City hereby abandons and releases its interest in that portion of the right-of-way for Indian River Drive described as the northeasternmost seven feet and the southwestemmost seven' feet of the right-of-way of Indian River Drive as it lies between Lots I - 10 and,ll - 20, Indian River Hills Subdivision, as recorded in Plat Book 04, page 051, Public Records of Indian River County, Florida, as illustrated by the attached Exhibit "A:', Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith aro;: hereby repealed, N CO CO o I.D .::- Q ~ N .... :n- ""' - .. ...... .... o ::u .1;:" ...,.J -0 G"') N .::- o U1 Section 3. SEVERABIT.,ITY. In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid, unconstitutional or results in a taking of private property, 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, confiscatory or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this resolution without said invalid, confiscatory or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. upon adoption. EFFECTIVE DATE. This resolution shall become effective The foregoing Bishop Hill ' resolution was moved for adoption by Councilmember 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 Councilmember Edward J. Majcher, Jr. aye The Mayor thereupon declared this Ordinance duly passed and adopted this 11 th day of July, 2000. CITY OF SEBASTIAN, FLORIDA By: t;J n.U:i"/1 &. ^~ Mayor Walter Barnes ATTEST: ~~r(,n,- Sally A. 0, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian: o :::0 -'='" -..J -0 G') N ..r:- c::> en .",'.",.. .~> - .,' .") (., (;. <:) /, h (I ,., ,:;,. ") ''> (> (~O.(> (J <.> '.' 0 0 0 C. (> <) <:>~. o. . sri/JASTrAN~" (:]"" LIMIT wan~ TilE Tor II 2 01" AUt;!.!:;'l' PAR1< AND :::;r~IlASTIAN n:~H:rEl~Y WE; vim)' J)ISTORT[o:O AUGUST PARK EST ATE SUB P,D.S.Ol-0019 ~ <1--^ d ~, v SPOIL ISLAND NO, 3 .7 ~> ~, ~ ~ ,06 ;3 ~'M 0030 00001.0 I900AC TWP 3m C> :::.:> ----------. ---------- 01 r 00001 "'00 000011.0 ,,. -J -0 G"J I N r 0 .,. ." -J ~)(~,'b,f ~A' SW 1/4 Section 31 30s-3ge mnp U 02,16 compiled 02/16/99 by the Indian River County Property Appraiser's Office page 1-42 - RESOLUTION NO. R-Ol-52 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ABANDONING A PORTION OF RIGHT-OF-WAY FOR INDIAN RIVER DRIVE IN SECTIONS EXCEEDING THE STANDARD WIDTH OF SIXTY-SIX FEET; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, during the construction of the Riverwalk it came to the attention of staff that the right-of-way for Indian River Drive does not maintain a consistent width throughout the jurisdiction of the City; and WHEREAS, in two significant areas, one just south of Davis Street and the other in the area of Riverview Park, the right-of-way measures eighty-feet as compared to the standard width of sixty-six feet elsewhere in the City; and WHEREAS, staff analysis suggests that the right-of-way near the Park should be maintained at the current width due to impending redevelopment of the area and the likelihood that the drainage system must be retrofitted to meet newer, more stringent state and federal standards, and WHEREAS, the City Council finds that northern area is fully developed and the infrastructure needs of the area are in place and located within the sixty-six feet width of the adjoining roadways, thus the additional 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 Indian River Drive described as the northeasternmost seven feet and the southwesternmost seven feet of the right-of-way of Indian River Drive as it lies between Lots 1 ~ 10 and 11 - 20, Indian River Hills Subdivision, as recorded in Plat Book 04, page 051, Public Records ofIndian River County, Florida, as illustrated by the attached Exhibit" A". 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, unconstitutional or results in a taking of private property, 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, confiscatory or unconstitutional provIsions. It shall further be assumed that the City Council would have enacted the remainder of this resolution without said invalid, confiscatory or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. upon adoption. EFFECTIVE DATE. This resolution shall become effective resolution was moved for adoption by Councilmember 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 Councilmember Edward 1. Majcher, Jr. aye The Mayor thereupon declared this Ordinance duly passed and adopted this 11 th day of July, 2000. The foregoing Bishop Hill CITY OF SEBASTIAN, FLORIDA By: L/V r:,-.-t~A/'l (')(\ /\./';>l0 Mayor Walter Barnes ATTEST: ~~fc!fl' City Clerk Approved as to form and legality for reliance by the City of Sebastian: