HomeMy WebLinkAboutR-93-73RESOLUTION NO. R-93-73
~ RESOLUTION OF THE CITY OF SEBaSTIaN, INDIAN RIVER
COUNTY, FLORIDa, PERTAINING TO THE ACCEPTANCE OF A FINAL
SUBDIVISION PL~T; ~CCEPTING THE FIN&L PLAT OF P~LM LAKE
CLUB, PHASE II, CONSISTING OF 14.47 ~CRES, MORE OR LESS,
LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 E~ST,
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA;
DIRECTING THE HAYOR TO SIGN THE PLAT; WAIVING THE
REQUIREMENTS OF SECTION 20&-16.4(C)(4)(F); DIRECTING THE
CITY CLERK TO PRESENT THE PLAT TO 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 D~TE.
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-16.4(C) of the Land Development Code of
the City with the exception of Section 20A-16.4(C) (4) (f); and
WHEREAS, the City Council, for purposes of consistency in the
Palm Lake subdivision, is waiving the provisions of 20A-
16.4 (C) (4) (f); 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, as follows:
Section 1. PLAT APPROVAL - The final plat of the Palm
Lake Club, Phase II, as prepared by James A. Fowler, a Florida
registered surveyor, bearing Certificate of Dedication dated
December 8, 1993, is hereby approved due to its compliance with
section 20A-16.4(C) 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. SECTION Z0A-16.4(C)(4)(f) WAIVED - The City
Council hereby waives the requirements of Section 20A-16.4(C) (4) (f)
due to the fact that it would create an inconsistency in the
numbering sequence between Phase I of the Palm Lake subdivision
which was previously approved by this Council pursuant to
Resolution No. R-90-37.
2
Section 3. SIGNING OF THE PLAT - The Mayor is directed to
sign the final plat.
Section 4. 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 5. CONFLICT.
Ail 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 Council-
3
member
by Councilmember
The motion was seconded
and, upon
being put into a vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this Resolution duly passed and
adopted this ~ day of ~~3 , 1993.
CITY 0] S~ASTIAN ~.~'~-'~
ATTEST:
kathry~ M. O'H~l¥orah
CMC/AAE, City Clerk
(Seal)/
A~proved a~ t~and
Content:
Charles Ian Nash, City Attorney