HomeMy WebLinkAboutR-95-48RESOLUTION NO. R-9§-48
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A MINOR
SUBDIVISION PLAT; ACCEPTING THE MINOR SUBDIVISION PLAT
OF J & W SUBDIVISION, CONSISTING OF 1.22 ACRES, MORE OR
LESS, LYING IN SECTION 1, 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, Jerald E. Smith, Laura L. Schuler, Wayne J.
Fiorito and Karen T. Fiorito own certain real property
located within the corporate limits of the City of Sebastian;
and
WHEREAS, Jerald E. Smith, Laura L. Schuler, Wayne J.
Fiorito and Karen T. Fiorito desire to develop a minor
subdivision on a portion of its real property lying in
Sebastian, Indian River County, Florida; and
WHEREAS, Jerald E. Smith has submitted a proposed minor
subdivision to the City for its approval; and
WHEREAS, the minor subdivision plat submitted meets all
requirements as set forth in Section 20A-16.3 of the Land
Development Code of the City; and
WHEREAS, the minor subdivision plat bears a Certificate
of Dedication, Certificate of Title, and Certificate of
Surveyor; and
WHEREAS, a Professional Engineer consulting for the City
has determined that all required improvements meet the
provisions of the Land Development Code of the City; and
WHEREAS, the minor subdivision plat has been reviewed by
the Professional Engineer and the City Attorney, with all
their comments duly noted and corrected on the plat; and
WHEREAS, all other conditions precedent to approval of
plat have been met.
NOW, THEREFORE, BE IT RESOLVED BY TBE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. PLAT APPROVAL. The plat of J & W
Subdivision, as prepared by James A. Fowler, a Florida
registered surveyor, bearing Certificate of Dedication dated
August 23, 1995, is hereby approved due to its compliance
with Section 20A-16.3 of the Land Development Code of the
City of Sebastian.
Section 2. SIGNING OF THE PLAT. The Mayor is
directed to sign the plat.
Section 3. RECORDING OF THE PLAT. The City Clerk is
directed to present the 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. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 5. 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
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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
Councilmember v ~_ . The motion was seconded
by Councilmember ~. and, upon being put to
/
a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Louise Cartwright
Councilmember Raymond Halloran
Kathr~n ~. O'Ha~l~ran, CMC/~E
City Clerk
The Mayor thereupon declared this Resolution duly passed
and adopted this ~ day of ~/X~~ , 1995.
CITY~~
Mayor
(SEAL)
Approved as to Form and Content:
Clifton A. McClelland, ~r'.
City Attorney
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