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HomeMy WebLinkAboutO-91-09ORDINANCE NO. O-91-09 :il Iii'Il lb Iii'Ill: I~' RECORD VERIFIED JEFFREY K. BARTON CLERK C;~RO{i -F ~"OU ~ ~ FIT /ND/AN F:H~/EF~ CO,, FLA AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN PORTIONS OF THE ROAD RIGHT-OF-WAY OF MAIN STREET, AS IT EXISTED PRIOR TO REALIGNMENT; PROVIDING FOR THE PRESERVATION OF CURRENTLY EXISTING PUBLIC UTILITY EASEMENTS; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida (hereinsfter the "City Council"), in order to provide a safer roadway for the residents of the City of Sebastian, approved a plan whereby a portion of Main Street would be realigned from what was formerly the western entrance to a certain platted right-of-way known as Yucca Court (which has since been abandoned pursuant to Ordinance 0-85-13), to the western boundary where the City Hall for the City of Sebastian, Indian River County, Florida, is currently located; and WHEREAS, the realignment of Main Street has recently been completed and the City Council has determined that certain portions of the road right-of-way of Main Street, as it existed prior to realignment, no longer serve the public interest and necessity as regards to the future growth of the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. Vacation of Right-of-Way. The City of Sebastian, Indian River County, Florida, hereby vacates those portions of the road right-of-way of Main Street, as it existed prior to realignment, which are described in Exhibits "A" through "F" attached hereto and incorporated herein by this reference. Section 2. Preservation of Easements. Notwithstanding any provision contained in this Ordinance to the contrary, the vacation of those portions of the road right-of-way of Main Street, as it existed prior to realignment, which are described in Exhibits "A" through "F" attached hereto and incorporated herein by this reference, shall not operate to terminate any public utility easements currently existing in said right-of-way unless the public utilities which currently have an interest in such publiC utility shall consent in writing to the vacation of any such public utility easements. Section 3. Recordin~ The City Clerk is directed to present this Ordinance 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 Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 5. Severability. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance 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 further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force 2 and effect. Section 6. Effective Date. This Ordinance shall become effective immediately upon recording this Ordinance in the public records of Indian River County, Florida after its passage by the City Council. The foregoing Ordinance was moved for adoption by Councilman Councilman to a vote, the vote was as follows: The motion was seconded by · and, upon being put Mayor W.E. Conyers Vice-Mayor Frank Oberbeck Councilman Peter Holyk Councilman Lonnie Powell Councilman George Reid The Mayor thereupon declared this Ordinance duly passed and adopted this /~ day of ~.~'~ , 1991. ~TTEST: Kath~y~M.:O'Hallo~an, CMC/AAE City Clork' CITY OF SEBASTIAN, FLORIDA f.~.'-E. Cofi~ MayO~ ('SE~n). 3 ?ARCEL FOUR: THE NORTH O~IE NALY OF THE EXISTIN6 MAIN STREET RiGHT-OF-WAY LYING NORTH ©F THE F2LLOWING DE$CRIgED STRIP OF LAND. A STRIP OF LAND LYING 40,00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE, COMMENCE AT A CONCRETE MONUMENT AT THE NORTHWEST CORNER OF LOT 6, BLOCK 5, REPLAT OF SCHOOL ~ARK SUBDIVISION; THENCE NO0 18'41"W AT A RIGHT ANGLE TO THE NORTH LINE OF 5AID BLOCK 5, 40.00 FEET TO A RAILROAD SPIKE BEING THE ROINT OF BEGINNING; THENCE SE9 41'19"W A DISTANCE OF 31.54 FEET TO A RAILROAD SPIKE MARKING A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 25 17'53" A RADIUS OF 402,98 F~ET AN ARC LENGTH OF 177.93 FEET TO A RAILROAD SPIKE ~ARKING THE POINT OF' TANGE~CY; THENCE S64 23'2~'W A DISTANCE OF~34.SB FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 6 00'00% A RADIUS OF 2000,00 FEET AN ARC D~STANCE OF 209,44 ,FEET TO A POINT OF REVERSE CURVATURE: THENCE CONTINUE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A DEBTA OF 12 00'00" A RADIUS OF 2000.00 FEET AN ARC DISTANCE OF 418.88 FEET TO A POINT OF REVERSE CURVATURE; THENCE CONTINUE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 6 00~00" A RADIUS OF 2000.00 FEET AN ARC DISTANCE OF 209,44 FEET TO A REBAR AND CAR STAMPED LB ~4§44 MARKING A POINT OF COMPOUND CURVATURE; THENCE CONTINUE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 19 32'59" A RADIUS OF 690.00 FEET AN ARC D~STANCE OF 235.43 FE~T TO A RAILROAD SPIKE MARKING THE POINT OF TANGENCY; THENCE S44 50'27"W A DISTANCE OF 63.48 FE~T TO A RAILROAD SPIKE BEING THE ENDING POINT OF SAID DESCRIPTION- IT IS THE INTENT THAT THE SIDE LINES OF SAID STRIP ARE TO BE L~NGTHENED OR SHORTENED TO TERMINATE AT THE WEST LiNE OF SAID SEBASTIAN .GARDENS SUBDIVISION. NORTH SCALE 1#~ 100' PARCEL / / / I 9 I ~ ,,~L. OCK 2 /-~l I / / / / 2 BLOCK I FOUND CONCRETE MONUMENT / / / / ,4 56' ~. ROD REED, HEREBY CERTIFY THAT THE SKETCH AS SHOWN HEREON WAS PREPARED ON ,, ~,~--eO AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS PbFfSUANT 'tO SECTION 47EOZ7 OF THE FLORIDA STATUTES AND ~ IHH-6 OF' THE ADMINISTRATIVE CODE. GERTIFIE~D TO: CITY OF SEBASTIAN __ CARL~._~[ULIAN, AS TRUSTEE ROD REED P.L.$. EXHIBIT "A" PREPARED BY SCOTT BASKIN FOR MASTELLER, MOLER & REED INCi P,O. BOX 7'81045 SEBASTIAN, FLORIDA 3~958 PHONE (4OF) 589-4810 I I i I I ! I FOUND IMONL~VENT TRACT D REPLA T OF SCHOOL PARK SUBD. P~# 2 PG29 PARCEL ELEVEN) THE SOUTH 1/2 OF EXISTING MAIN STREET RIGHT OF WAY LYING EAST OF THE pROJECTION OF TN£ EAST PROPERTY LINE OF THE POST OFFICE SITE TO TNE RADIUS POINT OP A CURVE DEFINING SAID EX~STING HAIN STREET RIGHT OF WAY. LESS AND S~CEPT ALL PORTIONS OF EX~STIRG MAIN STSFET RIGNT OF WAY LYING WITHIN THE'FOLLOWING DES¢SISED STRIP OF LAND+ A STRIP OF LANO LYING 40.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE, CONHENCE AT A CORCRET£ HONUHERT AT THE NORTHWEST CORNER OF LOT 6, BLOCK S, REPLAT OF SCHOOL PARK SUBDIVISION; THENC~ NO0 ~0'4~'R AT A R~GHT ANOLE TO THE RORTH LIHE OF SA~D BLOCK 40.00 FEET TO A RAILROAD SPI~E ~EING THE POINT OF BEGINNING; THENCE S89 ~X*I~"W A DISTANC~ OF 31,54 FEET TO A RAILROAD SPIKE HAE~ING A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A OELTA OF 25 l?'S~' A RADIUS OF 402.~8 FEET AN ARC LENGTH OF ~7.~9 FEET TO A RAILROAD SPIKE HARKING THE POINT OF TANGENCY;~THENCE S64 ~3'26'W A DISTANCE OF 134,85 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 6 00'00' A RADIUS OF 2000,00 FEET AN ARC DISTANCE OF 209.44 FEET TO A POINT OF REVERSE CURVATURE; THENCE CONTINUE ALONG THE ARC OF A CURVE TO THE RIG]fT HAVINO A DELTA OF 12 00'00~ A RAOIU~ OF 2000~00 ~EET AN ARC DISTANCE OF FEET TO A POINT OF REVERSE CURVATUSE~ THENCE CONTINUE ALONG THE ARC OF A CURVE TO THE LEFT RAVING A DELTA OF 6 00'00' A RAP~US OF 2000,00 PEET AN ARC DISTANCE OF 209.44 FEET TO A EESAR AND CAP STAMPED LS #4644 NANKING A POINT OF ~OMPOUND CURVATURE; THENCE CONTINUE ALONG THE ARC OF A CURVE TO TNE LEFT HAVING A DELTA OF I~ $~'59' A RADIUS OF 6~0.00 FEET AN ARC DISTAR¢S OF 2~,4~ FEET TO A RAfLROAD SPIKE HARKIN~ THE ~OINT OF TANGENCY; THENCE S44 50'27'N A DISTANCE OF 6~,48 FEET TO A RAILROAD SPIKF S~ING THE ENDIN~ POINT OF SAID DESCRIPTION, IT IS THE INTENT THAT THE BIDE LINES OF SAID STRIP ARE TO BE LENGTHENED OS SHORTENED TO TERMINATE AT TH£ REST LINE OF SAI~ SEBASTIAN GARDENS SUBDIVISION. OF DEZCRI£TION / / // / / // POST OFFICE /// NOR TH I, ROD REED, HEREBY CERTIFY THAT THE SKETCH AS SHOWN HEREON WAS PREPARED ON ~-~-9o AND THAT IT MEETS THE MINIMUM TECI-~ICAL STANDARDS PURSUANT TO SECTION 47~.027 OF THE FL OR[DA STA TUIES AND ~iHH-6 OF THE ADMINISTRATIVE CODE_. CERTIFIED TO: . ' CITY OF SEBASTIAN .R, gGF~R M. AND WAUNETA B. fR. CO. OF ROD REED. Pit. S.. #391e "GITY HALL" 'IT~ACT B REPL~t T OF $~ PAR~ SUBD, PB ~ £ PG 29 OF WAY C0 R\W) 7,53' TRACT D REPLA T OF SCHOOL PARK SUBD. PB # Z pG 29 TRACT E R~'*PL. A T OF SCHOOL PAt~Y SLgSD, PB # g PG 29 SCALE I"= I00' EXHIBIT "F" S L [,MAN ~'r~.PARED BY SCOTT BASIGN FOR MASTELLER, MOL. ER & REED INC. P.O. BOX 781045 SEBASTIAN, FLORIDA 3~958 PHONE ¢407) 589'-4810 FOUND CONCRETE ;VIONUiVENT pARC£L T£H; SEISG A PORTION OF THE NORTH 1/2 OF THE PAG£ 29 DURL[C RECORDS OF iNDIAN RIVER COUNTY, FLORIDA, BEING THE NORTH 1/2 OF HAIN STREET AND TNORE PORTIONS OF SAID TRACTS D AND F LYING EAST OF THE PROJECTION OF THE EAST PROPERTY LINE OF THE POST OFFICE SITE TO THE RADIUR pOINT OF A CURVE DEFINING LESS AN0 EXCEPT, ALL PORTIONS OF EXISTIHO MAiN RTREET H~ONT OF ~A¥ LYfNO SiTHIH THE FOLLOHtHG DESCRIBED STR~P or LAND. A STRIP OF LAND LYINg 40.00 FEET ON EACH SiDE OF THE FOLLOWING 6, BLOCK 5, REPLAT OF SCHOOL PARK SUBDIVISIOH{ T~£NCE NO0 1S'4Z*W AT A RIOH~ RNOL~ TO THE NORTH LINE OF SAID BLOCK DIS~ANC£ OF 209.44 FEET TO A POINT 0£ R~VERSE CURVA~UR~I TH~HCF FEET TO A POINT OF REVERSE CURVRTVRE~ THRNCE ~ONTZ~U£ ALONG THE OF 2000.00 PEE~ AN ARC DiSTANC~ OP 209,44 FRET TO A EKBAR AND CAP STANPED LB {46A4 HARKIHO A POINT OF COHPOUNO 23S.43 FEET TO A RAILROAD SPIES SAR~HO THE PO{HT OE THAT ~HE R~DE LINER OF SAID STRIP ARE TO BE L~NGTHEN£D OR TRACT D REPLA T OF SCHOOL PAI~ SUBJ. P~ 2 ,% // / / / / / / / / / / I I L_ LPARCEL TEN / / TRACT D RET:,LA T OF SCHOoL PAF~ SUBD. PR#2 PG29 TRACT E REPLA T OF SCHOOL PARK SUHD* PR#2 PO29 POST OFFICE NORTH SCALE I" ~ I00' ~, ROD REED, HEREBY CERT1FY THAT Tt~ SKETCH AS SHOWN HEREON WAS PREPARED ON ~-~,t-~o AND THAT T_ T MEETS THE MINIMUM TECHNICAL STANDARDS PURSUANT TO SECTION 472.02_7 OF THE FLORIDA STATUTES AND 21H/-/-6 OF ThE ADIVENISTRA TIVE CODE. CERT~F]ED T~ ~Y ~ SEBASTIAN ~- /_ ROD REED P./.$. EXHIBIT ";E" SKILLMAN ~----EPARED BY SCOTT BASKJN FOR MASTELLER, MOLER& REED INC. P.O. BOX 781045 SEBASTIAN, FLOR]DA 32958 PHONE (407) 589-4810 O? D£2FCRI??ION PARCEL NINE: THE SOUTH 1/2 OF EXISTING MAIN STRE£T RIGHT OF WAY LYING EAST OF RANGE 39 EAST AND WEST OF THE PROJECTION OF THE EAST PROPERTY LINE OF THE POST OFFICE SITE TO THE RADrus POINT OF A CURVE DEFINING SAID E×ISTING MAIN STREET RIGHT OF WAY. / // TRACT E REPLA T OF SCHOOl. p,a;~ SLED. PB#2 PG29 POST OFFICE NORTH SCALE W= I00' r., ROD REED, HEREBY CERTIFY TI-IA T TI-~ SKETCH AS SHOWN HEREON WAS PREPARED ON z' I V'~o. AND THAT IT MEETS THE IVE~ TECNN~CAL STANDARDS PURSUANT TO SECTTON 4TE. OE7 OF THE FLORmA STATUTES AND 21t~J~-6 OF THE ADIvi~NISTRA T!VE CODE. CERT~FED TO: CITY OF SEBASTIAN ROGER M. AND WAUNETA b.  S J;~T OFFICE ROD REED P.L,S. #~916 SKILLMAN EXHIBIT "D" PREPARED BY SCOTT 8ASKT. N FOR MASTELLER. MOLER 8c REED INC. P.O, BOX 781045 SEBASTIAN, FLORIDA 32958 PHONE (407) 589-4810 I I OF PARCEL EIOHT; BEING A PORTION OF THE NORTH i/2 OF THE E, R£PLAT OF SCHOOL PARK SUROIVISION AS R£CORDED IN PLATBOOK pAGE 29 PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA BEING THE NORTH 1/2 OF MAIN STREET AND THOS£ PORTIONS OF SAID TRACTS D ARD E LYING £AST OF RANGE S9 MST AND WEST OF THE ~HOJECTION OF THE EAST PROPERTY LIN]~ 0£ TI~E POST OFFICE SITE TO THE RADIUS L£$S ANO EX~£PT ALL PORTIONS OF EXISTING MAIN STREET RIOHT OF WAy LYING RITHIN THE FOLLOWING DE.~CR[S£D STRIP OF I~flO. CONNENCE AT A CONCRETE SONUNE~T AT THE HOHTNW~T CORNER OF LOT 6, BLOCK 5, R£PLAT OF SCHOOL PARK SUSDIVISION; THENCE HO0 TH~/4CE SG9 41'19"W A DISTANCE OF 31.$4 PEET TO A RAILROAD SPIKE MARKIN~ A POINT OF CURVA~JRE~ THENCE ALONG T~ A~C OF A CURV~ TO THE ~EFT HAVING A DELTA OF 25 17'53' A RADIUS OF 402.98 FEET AN ARC LENGTH OF 177.~3 FEET TO A RAILROAD SPIKE ~ARK~O THE L~T HAVING A DELTA OF ~ 00'00' A RADIOS OF ~000.00 F~T A~ ARC THENCE CONTINUE ALON~ TH~ ARC OF A CURVE TO THE L~T HAVING A DE CIU£TION TRACT D REPLA T OF .SCHOOL PARK PB # P PG ~9 TRACT D REPLAT OF SCHOOC pARK SUSD, PI] ~ £ PG 29 TRACT E REPLA T OF S(7'K)OL PARK SUBD. PB#2 PG29 POST OFFICE NORTH SCALE ~, ROD REED, HEREBY CERTIFY THAT THE SKETCH AS SHOWN HEREON WAS PREPARED ON ~ AND THAT IT MEETS THE WENIMUM TECI"INJCAL STANDARDS PURSUANT TO SEC~ON 4'i~.027 OF THE FL OR2DA STATUTES AND ,?. ~1'~'~6 OF THE ADM1NZSTRA Tr_ VE CODE. CERTIFZED TO: ~ OF' SEBAST,~ CARL JULIAN.,, AS TRUSTEE .g~F~C3~I TITLE CO. OF FL ROD REED P.L..S. #3916 EXHIBIT "C" PREPARED BY SCOTT BASKIN FOR MASTELLER, MOLER · REED T_NC. P.O. BOX 781045 SEBASTIAN, FLORE)A 32_958 PHONE (407') 589-4810 OF PARCEL F~VE: TRE SOUTH ONE HALF OF THE EXISTING HAiN STREET RIGHT-OF-WAY LYING NORTH OF THE FOLLOWING DESCRIBED STRIP OF LAND. A STRIP OF LAND LYIHG 40.00 FE~T o~ EACH S~DE OF THE FOgLDWIHG D~SCRIBED LINE. COMMENCE AT A CONCRETE MONUMENT AT THE ~ORTHWEST CORNER OF LOT 6, BLOCK 5~ REPL^T oF SCHOOL PARK SUBDIVISION; THENCE 18'41"W AT A RIGHT ANGLE TO THE NORTH LINE OF SAID BLOCK 5, 40.00 FEET TO A RAILROAD SPIKE BEING THE POINT OF BEGINNING; THENCE S89 41'19"W A DISTANCE OF 31.54 FEET TO A RAILROAD SPIKE MARKING A POINT OP CURVATURE; THEHCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 25 17'53" A RADIUS OF 402.98 AN ARC LENGTH OF 177.93 FEET TO A RAILROAD S~IKE ~ARKING THE POINT OF TANGENCY; THENCE $64 23'26'W A DISTANCE OF 134.85 FEET TO A POINT OF CURVATURE: THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 6 00'00' A RADIUS OF 2000.00 FE~T AN ARC D~STANCE OF 209~44 yEET TO A POINT OF REVERSE CURVATURE~ THENCE CONTINUE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A DEBTA OF 12 00'00" A ~ADIUS OF 2000.00 FEET AN ARC DISTANC~ OF 418.88 FEET TO A POINT OF REVERSE CURVATURE~ THENCE CONTINUE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 6 00'00" A RADIUS OF 2000.00 FEET AN ARC DISTANCE OF 209.44 FEET TO A REBAR AND CAP STAMPED LB ~4~44 MARKING A POINT OF CONPOUND CURVATURe; THENCE CONTINUE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A DELTA oF 19 32'59' A RADIUS O~ 690.00 FEET AN ARC D~STANCE OF 235.43 FEET TO A RAILROAD SPIKE MARKING THE POINT OF TANGENCY; THENCE S44 $0'27"W A DISTANCE OF 63.40 FEET TO A RAILROAD SPIKE BEING THE ENDING POINT OF SAID DESCRIPTION, IT IS THE INTENT THAT THE SIDE LINES OF SAID STR~P ARE TO BE LENGTHENED OR SHORTENED TO TERMINATE AT THE WEST LiNE OF SAID SEBASTIAN GARDENS SUBDIVISION. FOUND CONCRETE MONUMENT / / R 153 ~6' j J Oo°, I I I ~, ROD REED, ~BY CERTIFY THAT THE SKETCH AS SHOWN HEREON WAS PREPARED ON ~-~4~o AND THAT IT MEETS THE IvENIMUM TECHNICAL STANDARDS PURSUANT TO SECTION 47Z. OZ7 OF THE FLOR]DA STATUTES AND 21HH-6 OF THE AD/v~NISTRA TIVE CODE, CERT~FZED T~ CITY OF SEBASTIAN  'CARL~ULIAN~ ~ TRUSTEE ':A~Ji-/CAN TITIg CO. OF FL ROD RE D #5916 EXHIBIT "B" PREPARED BY SCOTT BASKIN FOR MASTELLER, MOLER & REED INC. P.o. BOX T~1045 SEBASTIAN, FLOR]DA 3E958 PHON~ (407; 589-4810 c~O ~, ,3'Z g / , :.