HomeMy WebLinkAboutR-90-37RESOLUTION NO.: R~90-37
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A
FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF
PALM LAKE CLUB, PHASE I, CONSISTING OF 25.53 ACRES,
MORE OR LESS, LYING IN SECTION 20, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT;
DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE
CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY,
FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Henry A. Fischer, an individual, owns certain real
property located within the corporate limits of the City of
Sebastian; and
WHEREAS, Henry A. Fischer desires to develop a subdivision
on a portion of his real property lying in Sebastian, Indian
River County, Florida; and
WHEREAS, Henry A. Fischer has submitted a proposed final
plat to the City for its approval; and
WHEREAS, the final plat submitted meets all requirements as
set forth in Section 20A-16.4C of the Land Development Code of
the City; and
WHEREAS, the final plat bears a Certificate of Dedication,
Certificate of Title, and Certificate of Surveyor; and
WHEREAS, all required improvements have been completed; and
WHEREAS, the City Engineer has determined that all required
improvements meet the provisions of the Land Development Code of
the City; and
WHEREAS, the final plat has been approved by the City
Engineer and the City Attorney; and
WHEREAS, all other conditions precedent to approval of the
final plat have been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. PLAT APPROVAL. The final plat of Palm
Lake Club, Phase I, as prepared by James A. Fowler, a Florida
registered surveyor, bearing Certificate of Dedication dated June
21, 1990, is hereby approved due to its compliance with Section
20A-16.4C of the Land Development Code of the City of Sebastian
and the agreement of the Owner to require the utilization of post
lamp lighting by each of the parcels in the subdivision at the
time the Certificate of Occupancy is issued in exchange for the
waiving of the requirement that street lighting be provided
pursuant to Section 20A-16.1(d) of the Land Development Code of
the City of Sebastian.
Section 2. SIGNING OF THE PLAT.
directed to sign the final plat.
The Mayor is
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Section 3. RECORDING OF THE PLAT. The City Clerk is
directed to present the final plat to the Clerk of the Circuit
Court for Indian River County, Florida, for recording in the
Public Records of Indian River County, Florida.
Section 4. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 5. SEVERABILI?Y. In the event a court of
competent 3urisdiction 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 provision. It shall
further be assumed that the City Council would have enacted the
remainder of this Resolution without said invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
Section 6. EFFECTIVE DATE. This Resolution shall
take effect immediately upon its adoption.
The foregoing Resolution
Counc i 1 man / ~T~, ~
by Councilman ~ ~./{...~,~__~
was moved for adoption by
. The motion was seconded
and, upon being put to a
vote, the vote was as follows:
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
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The Mayor thereupon declared this Resolution duly passed
and adopted this ~__~.day of ~~~,_ , 1990.
!
ATTEST:
Kathr~n M. O'Halloran, CMC/AAE
C']ty Clerk
(Seal)
CITY OF SEBASTIAN, FLORIDA
W.E. ~-~ Mayor
Approv~~.~ Form and Content:
Charl~.$ Ian Nash, City Attorney
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