HomeMy WebLinkAboutR-11-12RESOLUTION NO. R -11 -12
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING THE CAPRONA STREET RIGHT -OF-
WAY LOCATED BETWEEN LOT 1, BLOCK 587, SEBASTIAN
HIGHLANDS UNIT 17 AND LOT 1, BLOCK 588, SEBASTIAN
HIGHLANDS UNIT 17; ESTABLISHING A PUBLIC UTILITY AND
DRAINAGE EASEMENT; PROVIDING FOR THE RECORDING;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida, has determined
that Caprona Street located between Lot 1, Block 587, Sebastian Highlands Unit 17 and
Lot 1, Block 588, Sebastian Highlands Unit 17 no longer serves the public interest and
necessity; and
WHEREAS, the City Council of the City of Sebastian, Florida has determined
that no adverse impacts to the health, safety, and general welfare of the community will
occur if the right -of -way is vacated; and
WHEREAS, the City Council of the City of Sebastian has determined that an
above ground utility box exists at the southern end of the right -of -way being vacated and
that a public utility and drainage easement is needed to access that piece of equipment,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, FLORIDA, THAT:
Section 1. VACATION OF STREET RIGHT -OF -WAY. The City hereby
vacates that portion of the 60 -foot wide street called Caprona Street lying between Lot 1,
Block 587, Sebastian Highlands Unit 17 and Lot 1, Block 588, Sebastian Highland Unit
17 as shown on the plat thereof, recorded in Plat Book 8, Page(s) 46, 46A through 46P, of
the public records of Indian River County, Florida, which is situated between South Easy
2144705
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
BK: 2504 PG:706, Pagel of 3
06/10/2011 at 12:44 PM,
JEFFREY K BARTON, CLERK OF
COURT
Street and Lot 2 of CC Unit One Subdivision (Sebastian Stormwater Park), being a
distance of 100 feet, more or less.
Section 2. ESTABLISHMENT OF A PUBLIC UTILITY AND DRAINAGE
EASEMENT. The City acknowledges that based on the General Notes as listed on
Sheet 1 of 17 sheets of the recorded plat of Sebastian Highlands Unit 17 as shown on
Page 46, Plat Book 8 of the public records of Indian River County, which more
specifically states The Easements hereinafter described are reserved for the installation
and maintenance of the public utilities and drainage facilities: A 10 -foot strip along the
rear of each lot and a 6 -foot strip along the sides of each lot, except where the side lot line
is coincident with a Street Right of Way, except as shown by dashed lines. and
"Whenever discontinued by law, title to the center line of the streets, thoroughfares,
waterways, and drainage right -of -way set forth on said plat, shall revert to the respective
fee simple owners of the lands abutting same. a side yard easement as described will be
established when the aforementioned street Right -of -Way is vacated.
Section 3. RECORDING. The City Clerk is directed to present this
Resolution to the Clerk of the Circuit Court for Indian River County, Florida, for
recording in the Public Records of Indian River County, Florida
Section 4. CONFLICT. All other Resolutions or parts of Resolutions,
Ordinances or parts of Ordinances in conflict herewith area hereby repealed to the extent
of such conflict.
Section 5. SEVERABILITY. If any clause, section, or other part or
application of this Resolution shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall be
considered as eliminated, in no way affecting the validity of the remaining portions or
applications, which shall remain in full force and effect.
Section 6. EFFECTIVE DATE. This Resolution shall become effective
immediately upon adoption.
A motion to adopt the foregoing Resolution was made by Councilmember
Gillmor The motion was seconded by Councilmember Wright
and, upon being put to a vote, the vote was a follows:
day of June, 2011.
Mayor Jim Hill
Vice Mayor Don Wright
Councilmember Andrea Coy
Councilmember Richard Gillmor
Councilmember Eugene Wolff
aye
aye
aye
aye
aye
The Mayor thereupon declared this Resolution duly passed and adopted this 8th
CITY OF SEBASTIAN, FLORIDA
By:
Approved as to form and legality for
reliance by the City of Sebastian only:
Robert A. Ginsburg, City Attorney