HomeMy WebLinkAboutR-91-06RESOLUTION NO.: R-91-06
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 SAN
SEBASTIAN SPRINGS, UNIT 4~ RIVER OAKS~ CONSISTING OF 40.5
ACRES, MORE OR LESS, LYING IN SECTION 23, TOWNSHIP 31
SOUTH, RANGE 38 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 San Sebastian
Springs, Unit 4, River Oaks, as prepared by James A. Fowler, a
Florida registered surveyor, bearing Certificate of Dedication
dated July 31, 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.
Applicant shall deposit in escrow with the City for the
purpose of constructing a water treatment system and fire hydrants
an amount of cash or security acceptable to the City equal to one
hundred and ten percent (110%) of the system's estimated
construction and installation cost as certified by the project
engineer.
Section 2. SIGNING OF THE PLAT. The Mayor is directed to
sign the final plat.
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. SEVERABILIT¥. 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 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 was moved for adoption by Councilman
O~/t~. . The mot ion was seconded by
Councilman ~tk6,~ 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
The Mayor thereupon declared this Resolution duly passed and
adopted this ~ day of ~'c,~"~c-"~-~/~ , 1991.
CITY OF SEBASTIAN, FLORIDA
ATTEST: BY W~. E. Cony~ayor
Kathryn M/. O Halloran, CMC/AAE
City Clerk
(Seal)
Approved~Form and Content:
Charles Ian Nash, City Attorney
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