HomeMy WebLinkAboutR-96-45
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RESOLUTION NO. R-96-45
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 HARBOR POINT SUBDIVISION, A REPLAT OF ALL OF
TRACT A, LOTS 1 THROUGH 16 OF BLOCK 510, LOTS 1
THROUGH 26 OF BLOCK 511 AND LOTS 1 THROUGH 21 OF
BLOCK 512 AND ALL RIGHT-OF-WAYS BETWEEN SAID LOTS
AND BLOCKS AS SHOWN ON PLAT OF SEBASTIAN HIGHLANDS
UNIT 16, CONSISTING OF 18.72 ACRES, MORE OR LESS
LYING IN SECTION 13, TOWNSHIP 31 SOUTH, RANGE 38
EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA; AUTHORIZING THE MAYOR TO SIGN THE PLAT AND
THE CITY CLERK TO ATTEST; 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 Enterprises, Inc. owns certain real
property located within the corporate limits of the City of
Sebastian; and
WHEREAS, H. D. Adams Enterprises, Inc. desires to
develop a subdivision on its real property lying in
Sebastian, Indian River County, Florida; and
WHEREAS, H. D. Adams Enterprises, Inc. 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, H. D. Adams Enterprises, Inc. has submitted a
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statement to the City indicating that the required
improvements are to be completed after recording of the final
plat; and
WHEREAS, H. D. Adams Enterprises, Inc. has filed with
the City surety documents guaranteeing that such improvements
will be installed and has otherwise complied with all other
requirements of Section 2oA-16.4C; and
WHEREAS, the final plat has been approved by the
Consulting City Engineers 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
Harbor Point subdivision, as prepared by James A. Fowler, a
Florida registered surveyor, bearing Certificate of
Dedication dated June 17, 1996, is hereby approved due to its
compliance with Section 2oA-16.4c of the Land Development
Code of the City of Sebastian. H. D. Adams Enterprises, Inc.
shall deposit in escrow with the City for the purpose of
constructing the required improvements an amount of cash or
security acceptable to the City equal to one hundred and ten
percent (110%) of the estimated construction cost as
certified by the project engineer.
Section 2. CONDITIONS. The developer will provide
the following: underground utilities, except along Fleming
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Street; individual street lighting as proposed by the
developer's representatives, with the exception that a street
light specifically be placed at the end of Harbor Point
Drive, where it terminates with a cul-de-sac and that a
street light be placed at the intersection of Fleming Street
and Harbor Point Drive; sidewalks be constructed on the west
side of Fleming Street, as required in section 2oA-17.1(K);
and safety signs be installed at the end of the Fleming
Street cul-de-sac.
The City and the developer will enter into an agreement
for the required improvements, sidewalks and grass in swales,
which are to be completed after the approval of the final
plat, and executed on behalf of the City by the City Manager.
Section 3. SIGNING OF THE PLAT. The Mayor is
authorized to sign the final plat and the City Clerk to
attest.
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
ln 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
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shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid or
unconstitutional prOV1Slon.
It shall further be assumed that
the City Council would have enacted the remainder of this
Resolution without said invalid and unconstitutional
proVlslon, 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
Councilmember {J~S1f Tbe motion was seconded
by Councilmember (~~ and, upon being put to
a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice Mayor Walter Barnes
Councilmember Norma J. Damp
Councilmember Richard Taracka
Councilmember Raymond Halloran
and adopted this
The Mayor thereupon declared this Resolution duly passed
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J% day of
, 1996.
CITY OF SEBASTIAN, FLORIDA
By: 21~~ Y? &rit~lu~
L6uise R. Cartwright, Miyor
_ -ATTEST;
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- - --Kat~/~,-.qrf!alloran, CMC/AAE
City ClerK.
(SEAL)
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Approved as to Form and Content:
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Valerie Settles
City Attorney
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