HomeMy WebLinkAboutR-96-54 J~FFREY K. BARTON
CLERK CIRCUIT COURT
INDIAN RIVER CO., FI.A.
RESOLUTION NO. R-96-54
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-86-44 WHICH
VACATED, ABOLISHED, ABANDONED AND DISCONTINUED CERTAIN
PORTIONS OF PLATTED LAND INCLUDING LOTS 23 AND 24, BLOCK
12, SEBASTIAN HIGHLANDS UNIT 1, PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Resolution No. R-86-44 was approved by City Council
on August 20, 1986; and
WHEREAS, Resolution No. R-86-44 vacated Lots 23 and 24, Block
12, Sebastian Highlands Unit 1, a subdivision according to the plat
thereof as recorded in public records of Indian River County,
Florida, and returned said property to acreage; and
WHEREAS, Indian River County has not vacated the subject
properties from the plat as outlined in F.S. 177.101; and
WHEREAS, the owners of Lot 23, Block 12, Sebastian Highlands
Unit 1, Normal A. Nash, Jr. and Norma M. Nash, his wife, and the
owners of Lot 24, Block 12, Sebastian Highlands Unit 1, Sam R.
Morrison and Gaye S. Morrison, husband and wife, have requested
that the legal description of their property be deleted from
Resolution No. R-86-44, thereby returning their property to the
original plat; and
WHEREAS, the applicants have supplied the City of Sebastian
with proof that they are the fee simple owners of the subject
property.
NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, THAT:
Section 1. AMENDMENT. Ail references in Resolution R-
86-44 to Lots 23 and 24, Block 12, Sebastian Highlands Unit 1,
shall be stricken thereby returning said lots to the original plat
of Sebastian Highlands as recorded in public records of Indian
River County, Florida.
Section 2. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 3. 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 be further
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 4. EFFECTIVE DATE. This Resolution shall
become effective immediately upon the Clerk of the Circuit Court
recording a certified copy of this Resolution into the Public
Records of Indian River County, Florida.
2
The fore~ Resolution
Councilmembe~~~
by Councilmemb~r/--~~~
a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice Mayor Walter Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard Taracka
was
moved for adoption by
The motion was seconded
and, upon being put to
The Mayor
adopted this
the..r, eupon dec~ed thiS Resolution duly passed and
/ / day ,
' ' ~ CITY OF SEBASTIAN, FLORIDA
L~uise R. Cartwright,VMayor
ATTEST:
HallOr~, CMC/AAE
Fo~ and Content:
Val~rie Settles
Citv Attornev
STATE OF FLORA
CO~Y OF ~N R~ER
I I-tEREBY CERTIFY that on tiffs day, before me, an office,- duly authorized in Indian River County, Florida, to take
acknowledgments, personally appeared Louim R. C,'u'tm-ieht mad Katlu'vn M. O'Hall0r~n known to me to'be Mayor and City
Clerk respectively, and neither of the,n took an oath.
WITNESS my hand and seal in Indian River Co~glSi, Fi-~h~. j~~.~ o~dO , 1996. {~.,-,;'~"v ~ "::: ~{-,,;J,~ ;,;~,¢w-, -=-z-2,~ '-'"'--~/Li~da M~all~e]/ - ,~
![ ~;.~'"' EXP~ItF,8: ,lun~ ~8, ~gee [1 STATE OF FLORIDA AT LARGF_.,._.,_~ _ /
].1. :~'~Y~t~ ~ ~m, ?~t.pu~ll.o I~. _n~: ~ My Commission Expires: ~, '.~ ~/.~)r/~'//--~
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