HomeMy WebLinkAboutR-05-07RESOLUTION NO. R-05-07
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
ABANDONING A PORTION OF PLATTED RIGHTS-OF-WAY FOR
l0th STREET (MADISON STREET) AND 11TM STREET (JACKSON
STREET); PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Robert R. Collins has filed an application for the abandonment of
portions of the platted rights-of-way for l0th Street and llth Street, now known as
Madison Street and Jackson SWeet respectively, lying west of U.S. Highway 1 in the area
south of Wal-Mart; and
WHEREAS, staff analysis f'mds that no significant public purpose exists for the
use of said rights-of-way, and the public interest would best be served by returning the
property to the tax rolls; and
WHEREAS, the City Council has conducted a public hearing on the matter
following due and proper notice;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. FINDINGS. The City Council makes the following £mdings:
(1) No current use of the right-of-way beneficial to the public interest exists;
(2) No proje~ed future use or re-use of thc right-of-way beneficial to the
public interest exists;
(3) No adverse impacts on public services caused by the proposed vacation
now or in the future can be identified; and
(4) No adverse impacts to adjacent properties as well as major areas or land
uses currently benefiting from a public service or system that uses the
subject right-of-way can be identified.
Section 2. RIGHT-OF-WAY ABANDONED. The City hereby abandons
and releases its interest in that portion of the right-of-way for 10th Street (Madison Street)
and 1 lth Street (Jackson Street) dedicated in the Amended Plat of Ocean Breeze Heights
Subdivision as described in the attached composite Exhibit "A'.
Section 3. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 4. SEVERABILITY. In the event a court of competent jurisdiction
shall hold or determine that any part of this resolution is invalid, unconstitutional or
results in a taking of private property, 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, confiscatory or unconstitutional provisions. It shall further be
assumed that the City Council would have enacted the remainder of this resolution
without said invalid, confiscatory or unconstitmional provision, thereby causing said
remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE. This resolution shall become effective
upon adoption.
The foregoing resolution was moved for adoption by Councilmember
c o n i g 1 i o The motion was seconded by Councilmember
M o n i e r and, upon being put to a vote, the vote was as follows:
Mayor Nathan B. McCollum n a y
Vice-Mayor Joe Barezyk a y e
Councilmember Ray Coniglio a y e
Councilmember Lisanne Monier a y e
The Mayor thereupon declared this Ordinance duly passed and adopted this 23ra day of
February, 2005.
ATTES.~ ~
CITY OF SEBASTIAN, FLORIDA
Approved as to form and legality for
reliance by the City of Sebastian:
SKETCH OF LEGAL DESCRIPTION
ExhibH "A "
Sketch of Legal Description
Jbr ll th Street Right-of- Way Abandonment
Indian River County, Florida
Sheet I of 2
?got Valid Without All Sheets ~t:~/t/~£~ r~
DESCtgH'TION:
BEING A PORTION OF 1 lth STREET AS DEPICTED ON THE
/iMENDED PLAT OF OCEAN BREEZE HEIGHTS AS SItOI4rJV ON
THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 9 OF
THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA,
LOCATED WEST OF THE FOLLOWING DESCRIBED LINE.
BEGINNING AT THE NORTIIEAST CORNER OF LOT 9, BLOCK 8 OF
SAID AMENDED PLA T OF OCEAN BREEZE HEIGHTS; THENCE
N25°13'12"WA DISTANCE OF 80.00 PEET TO TIlE SOUTHEAST
CORNER OF LOT ll, BLOCK 7.
NOTES.',.
0 THE BEARING BASIS L7 THE NORTH LINE OF BLOCK 8 AS
DEPICTED ON THIS SKETCH AND LEGAL DESCRIPTION.
2) THIS SKETCH EXISTS SOLELY FOR TIIE PURPOSE OF
ILLUSTI~4TING TIlE LEGAL DESCIPTION TO WHICII IT IS
A TTA CHED.
3) ALL DIMENSIONS ARE CALCULA TED UNLESS OTHERWISE
NOTED.
4) THIS SI~ETCH MEETS THE MINIMUM TECHNICAL STANDARDS
.AS SET FORTH BY TIlE FLORIDA BOARD OF PROFESSIONAL
LAND SURVEYORS IN CHAPTER 61 G17-6, FLORIDA
ADMIN[STATIVE COD~ PURSUANT TO SECTION 472.027, FLORIDA
S TA TUTES.
1 of 4
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Exhibit "A "
Sketch of Legal Description
for llth Street Right-of-Way ~4bandonment
Indian River County, Florida
Sheet 2 of 2
Not Valid Without All Sheets
/
2 of 4
Exhibit "A
Sketch of Legal Description
for lOth Street Right-of- Way Abandonment
Indian River County, Florida
Sheet 1 of 2
Not Valid Withont AIl Sheets
~ESCRIPTION: -
BEING A PORTION OF 10th STREET AS DEPICTED ON THE
AMENDED PLAT OF OCEAN BREEZE HEIGHTS ,4S SHOWN ON
THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 9 OF
THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA,
LOCATED WEST OF THE FOLLOWING DESCRIBED LINE.
BEGINNING AT TIlE NORTHEAST CORNER OF LOT 4, BLOCK 9, OF
SAID AMENDED PLA T OF OCEAN BREEZE HEIGHTS, TItENCE
N25°IA'12"~V,4 DIST~4NCE OF 80.00 FEET TO THE ,VOUTHEAST
CORNER OF LOT 19, BLOCK 8.
NOTES:
1) THE BEARING. BASIS IS THE SOUTH LINE OF BLOCK 8 AS
DEPICTED ON THIS SKETCH AND LEGAL DESCRIPTION.
2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF
ILLUSTRATING TIlE LEGAL DESCIPTION TO WHICH IT IS
A TTA CHED.
3) ALL DIMENSIONS ARE' CALCULATED UNLESS OTHERWISE
NOTED.
4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS
AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL
L~ND SURVEYORS IN CHAPTER 61 Gl 7-6,:~FLORIDA
~DMINISTA TIVE CODE, PURSUANT TO SECTION 4 72.02 7, FLORIDA
STATUTES.
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Exhibit "A "
Sketch of Legal Description
for 10th Street Righ t-of- }Fay Abandonment
Indian River County, Florida
Sheet 2 of 2
Not Valid gFithout All Sheets
2O
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