HomeMy WebLinkAboutR-11-05RESOLUTION NO. R- 11 -05
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ACCEPTING A
RIGHT OF WAY (R.O.W.) ENCROACHMENT FOR CITY OWNED
PROPERTY LOCATED AT 1540 INDIAN RIVER DRIVE; PROVIDING FOR
CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida, recognizes the
historical nature of the Hurricane Harbor Structure; and
WHEREAS, in renovating this site to a revitalized, working waterfront amenity,
the usefulness of an constructing a covered entrance would protect both the structure
and visitors to the site from the elements; and
WHEREAS, this building was built such that it is located on the property line; and
WHEREAS, recognizing that a protective entrance feature would enhance the
"vernacular" style of the structure as well as add additional decorative architectural
details; and
WHEREAS, the proposed protective covering would protrude approximately six
feet into the platted right of way for Indian River Drive, and extend for 12 feet across the
building's front facade;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. ACCEPTANCE. The City of Sebastian accepts the right of way
encroachment of a covered entrance structure, landscaping and any other decorative
features for the Hurricane Harbor site located at 1540 Indian River Drive.
Section 2. REMOVAL. In the event that the City, in its reasonable judgement,
determines that the area encumbered by this Resolution is necessary for construction of
improvements to Indian River Drive shall require the removal of an encroaching
structure.
Section 3. CONFLICTS. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 4. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
The foregoing Resolution was moved for adoption by Wright
The motion was seconded by Gillmor and, upon being put to a
vote, the vote was as follows:
The Mayor thereupon declared this Resolution duly passed and adopted this 23` day
of February 23, 2011.
ATTEST:
Sally A
City CI -rk
Mayor Jim Hill aye
Vice -Mayor Don Wright aye
Council Member Andrea Coy aye
Council Member Richard Gillmor aye
Council Member Eugene Wolff aye
aio, MMC
CITY OF SEBASTIAN, FLORIDA
Bv:
Approved as to form and legality for reliance by the
City of Sebastian only:
Robert A. Ginsburg, City Attorney