HomeMy WebLinkAboutR-01-79
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I, Jeanette Williams, do hereby certify that this is a true and correct copy of Resolution No, R-01-79, as adopted by the Sebastian City Council
on November 14, 2001. ~ / I }.. t /} I ;, ~
I hereby affix my signature this 26th day of November, 2001. ~ ~J.
nette Williams
eputy City Clerk
Please return this instrument to:
City Clerk
H City of Sebastian
- 1225 Main Street
Sebastian, FL 32958
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RESOLUTION NO. R-Ol-79
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
DIRECTING CITY CLERK TO CORRECT SCRIVENER'S ERROR
CONTAINED IN ORDINANCES 0-01-09, 0-01-10 AND 0-01-18;
PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City of Sebastian in recent months enacted Ordinances 0-01-09,
0-01-10, and 0-01-18 processing the almexation, land use designation and zoning
classification of an eighty acre enclave in Section 18, Township 31 South, Range 39 East
lmown as the Davis Parcel; and
WHEREAS, throughout the public notice and public hearing process an accurate
map and survey containing the correct legal description of said property was utilized; and
WHEREAS, the applicant had inadveliently transcribed the legal description
incorrectly on the application for these various City actions, and tllis scrivener's error was
then perpetuated in the legal description utilized in the text of the final adopted form of
said Ordinances; and
WHEREAS, the City Council of the City of Sebastian hereby finds that fair and
full notice was provided to the public and to our sister jurisdictions through the utilization
of the correct maps and surveys for the subject parcel, that all parties involved nllly
understood the correct and actual location that was the subject of these proceedings, and
that the inclusion of the single incorrect term in the legal description contained in these
Ordinances was a mere scrivener's error which resulted in no prejudice to the parties or
public; and
WHEREAS, the City Council of the City of Sebastian determines that it would be
ll1 the public interest to direct the City Clerk to prepare corrected copies of said
Ordinances to eliminate the scrivener's error;
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NO'V THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF SEBASTIAN, as follows:
Section 1.
CORRECTION OF ORDINANCE 0-01-09. The City Clerk of
the City of Sebastian is hereby directed to prepare and distribute a corrected version of
Ordinance 0-01-09 removing the scrivener's error such that Section 1 thereof shall read
as follows:
Section 1. AFFECTED PROPERTY The amendment to the
Comprehensive Plan Future Land Use Map adopted by this Ordinance shall
affect the following described real property, now lying and being within the
incorporated area of the City of Sebastian, Indian River County, Florida:
The West Y2 of the Northeast lit of Section 18, Township 31 South,
Range 39 East in Indian River County, Florida.
Section 2.
CORRECTION OF ORDINANCE 0-01-10.
The City Clerk
of the City of Sebastian is hereby directed to prepare and distribute a corrected version of
Ordinance 0-01-10 removing the scrivener's error such that Section 1 thereof shall read
as follows:
Section 1. PROPERTY. Jl1e change in zoning classification created
by the adoption of this ordinance shall affect the following described real
property, now lying and being within the inCOlporated area of the City of
Sebastian, Indian River County, Florida:
171e West Y? (If the ]yTorthea,,'f YI (l Section 18, Township 31 South,
Range 39 East in Indian River County, Florida.
Section 3.
CORRECTION OF ORDINANCE 0-01-18.
The City Clerk
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of the City of Sebastian is hereby directed to prepare and distribute a corrected version of
Ordinance 0-01-18 removing the scrivener's error such that Section 1 thereof shall read
as follows
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Section 1. PROPERTY. The following described property now lying
and being in an unincOlporated area of Indian River COW1~Y, Florida, is
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hereby annexed into the City of Sebastian, Florida, and the boundalJllines of
said City are hereby redefined to include said real property:
The West 12 of the Northeast 1;4 of Section 18, Township 31 South,
Range 39 East in Indian River County, Florida. Containing 80 acres
more or less
Section 4.
CONFLICTS.
..L\ll resolutions or parts of resolutions 111
conflict herewith are hereby repealed.
Section 5.
EFFECTIVE DATE.
This resolution shall take effect
immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember Barczy~
The motion was seconded by Councilmember Hi 11 _ and, upon being put into
a vote, the vote was as follows:
Mayor Waiter Barnes
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Edward J. Majcher, Jr.
Councilmember Ray Coniglio
aye
aye
aye
aye
aye
The Mayor thereupon declared this Resolution duly passed and adopted this 14th day of
November, 2001.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
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By: _/JJ~ ..go ~
Mayor Waiter Barnes
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Sally AjUaio, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
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Rich Stringer, City Attc€rey
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RESOLUTION NO. R-01-79
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
DIRECTING CITY CLERK TO CORRECT SCRIVENER'S ERROR
CONTAINED IN ORDINANCES 0-01.09, 0-01-10 AND 0-01-18;
PROVIDING FOR CONFLICT; PROV1DING FOR EFFECTIVE DATE.
WHEREAS, the City of Sebastian in recent months enacted Ordinances 0-01-09,
0-01-10, and 0-01-18 processing the alIDexation, land use designation and zoning
classification of an eighty acre enclave in Section 18, Township 31 South, Range 39 East
known as the Davis Parcel; and
WHEUEAS, throughout the public notice and public hearing process an accurate
map and survey containing the correct legal description of said property was utilized; and
WHEREAS, the applicant had inadvertently transcribed the legal description
incorrectly on the application for these various City actions, and this scrivener's error was
then perpetuated in the legal description utilized in the text of the final adopted form of
said Ordinances; and
WHEREAS, the City Council of the City of Sebastian hereby finds that fair and
full notice was provided to the public and to our sister jurisdictions through the utilization
of the correct maps and surveys for the subject parcel, that all parties involved fully
understood the correct and actual location that was the subject of these proceedings, and
that the inclusion of the single incorrect term in the legal description contained in these
Ordinances was a mere scrivener's error which resulted in no prejudice to the parties or
public; and
WHEREAS, the City Council of the City of Sebastian determines that it would be
m the public interest to direct the City Clerk to prepare corrected copies of said
Ordinances to eliminate the scrivener's error;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF SEBASTIAN, as follows:
Section 1.
CORRECTION OF ORDINANCE 0-01-09. The City Clerk of
the City of Sebastian is hereby directed to prepare and distribute a corrected version of
Ordinance 0-01-09 removing the scrivener's error such that Section 1 thereof shall read
as follows:
Section 1. AFFECTED PROPERTY. The amendment to the
Comprehensive Plan Future Land Use Map adopted by this Ordinance shall
affect the following described real property, now lying and being within the
incorporated area of the City of Sebastian, Indian River County, Florida:
The West 12 of the Northeast ~ of Section 18, Township 31 South,
Range 39 East in Indian River County, Florida.
Section 2.
CORRECTION OF ORDINANCE 0-01-10.
The City Clerk
of the City of Sebastian is hereby directed to prepare and distribute a corrected version of
Ordinance 0-01-10 removing the scrivener's error such that Section 1 thereof shall read
as follows:
Section 1. PROPERTY. The change in zoning classification created
by the adoption of this ordinance shall affect the following described real
property, now lying and being within the incorporated area of the City of
Sebastian, Indian River County, Florida:
The West 12 of the Northeast 1;4 of Section 18, Township 31 South,
Range 39 East in Indian River County, Florida.
Section 3.
CORRECTION OF ORDINANCE 0-01-18.
The City Clerk
of the City of Sebastian is hereby directed to prepare and distribute a corrected version of
Ordinance 0-01-18 removing the scrivener's error such that Section 1 thereof shall read
as follows:
Section 1. PROPERTY. Ihe following described property now lying
and being in an unincorporated area of Indian River County, Florida, is
hereby annexed into the City of ,Sebastian, Florida, and the boundary lines of
said City are hereby redefined to include said real property:
Ihe West ~ of the Northeast Y4 of Section I8, Township 3 I South,
Range 39 East in Indian River County, Florida. Containing 80 acres
more or less
Section 4.
CONFLICTS.
All resolutions or parts of resolutions In
conflict herewith are hereby repealed.
Section 5.
EFFECTIVE DATE.
This resolution shall take effect
immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember Barczy~
l'he motion was seconded by Councilmember Hill and, upon being put into
a vote, the vote was as follows:
Mayor Walter Barnes aye
Councilmember Joe Barczyk aye
Councilmember James H.ill aye
Councilmember Edward J. Majcher, Jr. aye
Councilmember Ray Coillglio aye
The Mayor thereupon declared this Resolution duly passed and adopted this 14th day of
November, 2001.
CITY OF SEBASTIAN, FLORIDA
By: Jbl~ 'bf1.~
Mayor Walter Barnes
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Approved as to form and legality for
reliance by the City of Sebastian only:
Sally A. aio, CMC
City Clerk
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