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Home My WebLink AboutR-91-180 RESOLUTION NO. R-91-18 ECORD VERiFiED JEFFP'E¥ K BARTON INDIAN RIVE'19 CO., F£A A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE APPROVAL OF A PRELIMINARY PLAT FOR A MAJOR SUBDIVISION FOR A PARCEL OF LAND APPROXIMATELY 117 ACRES IN SIZE, LOCATED IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR BINDING EFFECT; PROVIDING 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 (the "Applicant") is the owner of a certain tract of real property located in the City of Sebastian, Indian River County, Florida; and WHEREAS, the Applicant has requested that the City Council of the City of Sebastian approve the Preliminary Plat for a Major Subdivision submitted to the City; and WHEREAS, the City Staff and the City Planning and Zoning Commission have reviewed the Preliminary Plat submitted by the Applicant and have recommended approval subject to the imposition of several conditions; and WHEREAS, the City Council has determined that the Preliminary Plat submitted by the Applicant should be approved subject to the conditions set forth in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, I~DIAN RIVER COUNTY, FLORIDA, that: Section 1. PRELIMINARY PLAT APPROVAL. The Preliminary Plat submitted to the City by the Applicant with respect to a Major Subdivision for that certain tract of real property owned by the Applicant, consisting of approximately 117 acres located in Section 17, Township 31 South, Range 39 East, City of Sebastian, Indian River County, Florida, and more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference, is hereby approved, subject to the conditions and restrictions contained in Section 2 of this Resolution. Section 2. C0NDITIONS AND RESTRICTIONS. The approval of the Preliminary Plat as set forth in Section 1 of this Resolution is conditioned upon the Applicant, and his successors in interest and assigns, complying with the following conditions and restrictions: (a) All improvements to 99th Street, as outlined in the Traffic Impact Study, shall be made by the Applicant in conjunction with Indian River County, Florida. This condition shall not operate to preclude Indian River County from requesting modifi- cations or additions to the improvements as Indian River County deems necessary and proper. (b) The Applicant shall obtain final approval from appropriate governmental authorities and agencies having jurisdiction of the central water and sanitary sewer to be constructed upon the subject property. (c) The Applicant shall construct and post signage to prohibit industrial truck traffic from being routed through Sebastian Highlands. Location and size of such signage shall be coordinated with, and approved by, the City Engineer and Police Chief prior to placement. (d) The Applicant shall not submit a Final Plat for approval nor shall a Final Plat be approved until the conditions set forth in subsections (a) through (c) have been satisfied. Section 3. BINDING EFFECT. The Applicant shall submit appropriate assurances that any successors or assigns of the Applicant will comply with all provisions governing the develop- ment of the Major Subdivision in accordance with this Resolution and the requirements of the Land Development Code of the City of Sebastian and all provisions of the Code of Ordinances of the City of Sebastian. The provisions of this Resolution shall be binding upon any assigns and successors of the Applicant. Section 4. RECORDING. The City Clerk is hereby directed to record this Resolution in the Public Records of Indian River County, Florida. Section 5. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 6. 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 provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 7. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman ~/~.~ The motion was seconded by Councilman ~.,.~...~.../ and, upon being put into a vote, the vote was as follows: Mayor W.E. Conyers Vice-Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George R. Reid The Mayor thereupon declared this Resolution duly passed and adopted this /~ day of ~..~j , 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: / Kathryn ~..,.O'Halloran, CMC/AAE, .C.i,ty ·Clerk (SEAL~) · ~.E. Con~~ayor ApprOved as to Form and Content: inn Nash, City Attorney 4 EXHIBIT "A" A parcel of land situate in Section 17, Township 31 South, Range 39 East, Indian River County, Florida, more particularly described as follows: The Southwest quarter of Section 17, Township 31 South, Range 39 East and the Southeast quarter of the Southwest quarter of the Northwest quarter of Section 17, Township 31 South, Range 39 East, Indian River County, Florida, lying Westerly of the following described line: Commence at the South line of the said Southwest quarter of said Section 17 and the Southwesterly right-of-way line of the Florida East Coast Railway (100' R/W); thence South 89 35' 01" West, along said South line, for a distance of 73.00 feet to the Point of Beginning and a point of curvature of a curve through which a radial line bears North 75 05' 13" East, concave Southwesterly, having a radius of 260.11 feet; thence Northwesterly and Easterly, along the arc of said curve, through a central angle of 75 30' 12" a distance of 342.77 feet to the Point of Tangency; thence South 89 35' 01" West, for a distance of 275.39 feet; thence North 00 24' 59" West, a distance of 60.00 feet to a point of curvature of a curve, concave Northwesterly, having a radius of 25.00 feet and a tangent bearing of North 89 35' 01" East; thence Northeasterly and Northerly along the arc of said curve through a central angle of 90 00' 00", a distance of 39.27 feet to the Point of Tangency; thence North 00 24' 59" West, a distance of 50.53 feet to a point of curvature of a curve concave Southwesterly, having a radius of 370.00 feet; thence Northwesterly along the arc of said curve, through a central angle of 21 23' 44", a distance of 138.17 feet to the Point of Tangency; thence North 21 48' 43" West, a distance of 2349.38 feet to the point of curvature of a curve concave Northeasterly, having a radius of 68.00 feet through which a radial line bears South 04 22' 0I~'~We~t; ..... thence Northwesterly, along the arc of said curve, through a central angle of 127 38' 31" a distance of 151.49 feet; thence North 21 48' 43" West, a distance of 631.07 feet to the North line of said Southeast quarter of the Southwest quarter of the Northwest quarter of said Section 17 and the point of Termination. Ail of the above situate in Indian River County, Florida and containing 116.6 acres, more or less.