HomeMy WebLinkAboutR-96-21RESOLUTION NO. R-96-21
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 SCHUMANN COMMERCIAL PROPERTIES SUBDIVISION, A
REPLAT OF A PORTION OF TRACT P, SEBASTIAN HIGHLANDS
UNIT 17, CONSISTING OF 14.6 ACRES, MORE OR LESS,
LYING IN SECTION 19, 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, H. D. Adams Ent. erprises, Inc. owns certain real
property located wi. thin 'ti-re corporate limits of the City of
Sebastian; and
WHEREAS, [.{. L). Adams Enterprises, inc. desires to
develop a aubdivJs.ion on its rea] property ]yinc3 in
Sebastian, Indian River County, Florida; and
~EREAS, H. D. Adams Enterprises, Inc. has subm4, t:.t. ed a
proposed final plat. to the City for its approval; and
~EREAS, the final plat submitted meets a.1] requjrement, s
a.s set forth in Section 20A-16.4C of the Land Deve].o~-~ment
Code of the C~.ty; and
~EREAS, the final plat bears a Cert-Jficate of
Dedication, Certificate of Title, and Certificate of
Sur'veyor; and
WHEREAS, [-]. D. Adams Enterprises, Inc. has submitted a
statement to the (?~t.y indicating that the required
improvements are to be comp]eted after recording of the final
p3at.;
WHEREAS, H. [). Adams Enterprises, Inc. has f_]l. ed with
the City surety documents g~.arantee]n9 that such improvements
will be instal]ed and has otherwise c. omplied with all other
requirements of Section 20A-16.4C; arid
WHEREAS, the final plat has been approved by the
Consulting City Engineers and the City Attorney; and
WHEREAS, all other conditions ~recedent t.o approval of
the final p].a't 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 p]at of
Schum~nn Commercial Properties Subdivis_ion, as prepared by
games A. Fowler, a 71orida registered surveyor, bearing
Certificate of Dedication <[ated August 20, 3_995, <is hereby
approved due to its compliance with Section 20A-16.4C of the
Land Development Code of the City of Sebast-ian, and the
agreement. H. D. Adams Enterprises, Inc. shall deposit J.n
escrow with the City for the purpose of construe, ting t.h~:~
required ]mprovement. s an amount of cash or security
acceptable to the City equal to one hundred and ten percent
('[10%) of the estimated constt'uction cost as cert. ified by the
project engineer.
Section 2. CONDITIONS. Upon submission of an
application for review of a site plan for any ].ut which would
cause the total cumulative da-{]y generated trJps [or the
subd_ivision t.o exceed ].,000, the apE, licant must puovide as a
part of said app].ication a traffic study complying wi. th the
requirements of Section 20A-10.2.D.
Prior to issuance of a certificate of occupancy for any
lot, a sidewalk shall be constructed to Cit'y of Sebastian
specifications along that portion of each other lot i.n the
subdivision which abuts the same public street as the lot
which the certificate of occupancy is to be issued.
H.D. Adams Enterprises, Inc. shall record restrictive
covenants requiring that each lot owner be responsible for
maintain~l, ng that portion of the drainage system located on
said owner's lot in accordance with standards set by the City
of Sebastian. Said obligation shall run with the land and
shall be enforceable by the City o.r by any lot owner.
Section 3. SIGNING OF THE PLAT. The M,'_~yor is
directed to si. gn the final plat.
Section 4. RECORDING OF T~E PLAT. The City Clerk
is directed to present, the final plat. to the Clerk of the
Circuit Court for Indian R-iver County, Florida, for recording
in the Public Records of indian River County, Florida.
Section 5. CONFLICT. All reso]uti, ons or parts of
resol, ut. ions in conflict herewith are hereby repealed.
Section 6. SEVERABILITY. In the even[~ a court of
competent jurisdiction shall hold or determ.ine that any part
of this Resolution is invalid or unconstitutional, the
remainde~ of the Resolution shall not be affected and
shall be presumed that the City Counc-i..]. 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 sa-i.d remainder to remain .in full
force and effect.
Section 7. EFFECTIVE DATE. This Reso]ut. ion shall
take effect, immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilmember ~~Q~t . The motion was seconded
!/r')_,,'n---, ,., ...........
by Councilmember_ -- Q_~'_...__~~ and, upon being .... put t-o
.- ~
a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Louise Cartwright
Councilmember Raymond Ha]loran
The Mayor thereupon declared 'this Resolution duly passed
CITY OF SEBASTIAN, FLORIDA
By:
,' _,_~TzT~ T:
a~hry~ M. O'Halloran, CMC/AAE
City Clerk
Mayor
(SEAL)
Approved as to Form and Content:
Clifton A. McCle]land, Jr.
City Attorney