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HomeMy WebLinkAbout1985 - Abandonment Roadways Wauregan Subdivision RoadsCollins, Brown, Caldwell & Carter CHARTERED ATTORNEYS AT LAW PAUL D. BURCH-1934-19]6 GEORGE G. COLLINS. JR. CALVIN B. BROWN WILLIAM W. CALDWELL BURNEYJ.CARTER 1 APR 2 2 13KJ Mrs. Debra Krages, City Clerk City of Sebastian P. 0. Box 127 Sebastian, FL 32958-0127 April 18, 1985 Re: Proposed annexation, Lot 25 (portion) Wauregan Subdivision Dear Mrs. Krages: PLEASE REPLY TO'. D P.O. BOX 3686 744 BEACHLAND BOULEVARD VERO BEACH, FLORIDA 32960 MIS 231 4343 D P.O. BOX 266 221 NORTH U.S. NO, I SEBASTIAN, FLORIDA 32958 305-589-3156 I would like to take this opportunity to thank you for forwarding to us the annexation information requested. In addition to the annexation we will be requesting, we will also be filing for abandonment of certain roadways. In order to accomplish this, we will require the appropriate forms for abandonment of roadways. Thank you for your consideration. Si er ly George . . Collins, Jr. GGC, Jr./mg cc: Thomas Palmer, Esq. 110 City of Sebastian Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958.0127 Deborah C. Kragen Mayor TELEPHONE (305) 589-5330 City Clerk April 23, 1985 Mr. George G. Collins, Jr. Collins, Brown, Caldwell & Carter Attorneys At Law Post Office Box 3686 Vero Beach, Florida 32960 RE; Proposed annexation, Lot 25 (portion) Wauregan Subdivision Dear Mr. Collins: In response to your request, dated April 18, 1985, regarding the abandonment of certain roadways, for the above referenced. Please be advised that there are no forms, to be completed, or fee schedule. I have reveiwed your previous file and it appears that you paid a standard fee of twenty five ($25.00) dollars, for an abandonment, submitted a certified State of Florida registered surveyors survey, indicating the proposed abandonment of the property, along with a Letter requesting the same. I have no objections to the same procedure being followed provided you and your client are agreeable to reimburse the city for any direct cost incurred above the standard fee of twenty five ($25.00) dollars. Should you have any questions please feel free to contact me. Very truly yours, )' Deborah C. Krages City Clerk Collins, Brown, Calldwell & Carter CHARTERED ATTORNEYS AT LAW PAUL D. BURCH - 1934 - 1976 PLEASE REPLY TO: ❑ P.O. BOX 3686 744 BEACHLAND BOULEVARD GEORGE G. COLLINS. JR. CALVIN B. BROWN VERO BEACH. FLORIDA 32960 30S-231-4343 WILLIAM W. CALDWELL BURNEY J. CARTER D P O. BOX 266 221 NORTH U.5. NO, 1 SEBASTIAN, FLORIDA 32958 305.509-3156 June 3, 1985 9 �1U! Q ,� Cb !� ^� a 414 Deborah C. Krages � � x� - City Clerk City of Sebastian P. O. Box 127 Sebastian, FL 32958-0127 Re: Wauregan Subdivision Dear Mrs. Krages: Our firm represents Edgar Schlitt, Trustee, the owner of Lots 22, 23, 24 and 25 and Blocks 55, 56, 57, 58, 59, 60, 61, 62 and 64 all lying in Wauregan Subdivision east of the Florida East Coast Railway and West of Highway U. S. 1. I am enclosing a copy of the sketch of survey prepared by Carter & Associates. The City of Sebastian is currently considering a rezoning application affecting Lot 25 and Blocks 610 62 and 64. Several years ago the City of Sebastian vacated a portion of the streets lying between Blocks 54 and 53 with a final hearing held April 7, 1982. Since my client owns all the property in the block described above and the property has not been developed, we are now filing a request to vacate all the streets located on the survey in red. The vacation will allow the property to be developed uniformly and will not have any detrimental effect on the City of Sebastian or the public. The description of the streets desired to be vacated are as follows: (a) That portion of Chesnut Street lying between Blocks 53 and 56 crossing Brevard Avenue and lying between Blocks 54 and 55. (b) That portion of Spruce Street lying between Blocks 56 and 57 crossing Brevard Avenue lying between Blocks 55 and 58. (c) That portion of Oak Street lying betwen Blocks 57 and 60 crossing Brevard Avenue lying between 58 and 59. Deborah C. Rrages June 3, 1985 Page 2 (d) That portion of Walnut Street lying between Blocks 60 and 61 crossing Brevard Avenue, lying between Blocks 59 and 62. (e) That portion of Orange Street lying between Blocks 61 and 64 crossing Brevard Avenue lying between Blocks 62 and 63 terminating at the intersection of the east right of way line of the Florida East Coast Railway. (f) That portion of Wauregan Avenue whose north boundary being an extension of the north line of Lot 22 and the south boundary being an extension of the south line of Lot 25 which portion of Wauregan Avenue abuts Lots 22 through 25 on its east and Blocks 56, 57, 60, 61 and 64 on its west. Lastly, I am enclosing a copy of the original plat for Wauregan Subdivision for your reference and review. Along with this, you will find our check in the amount of $25.00 representing the filing fee. I will be glad to meet with the appropriate City officials to discuss this matter. Sincere , Geor a G. Collins, Jr. GGC, Jr./mg Enclosures cc: Thomas Palmer, Esq. John Moore Edgar Schlitt Collins, Brown, Caldwell & Carter -Chartered ATTORNEYS AT LAW P. 0. Box 3686, Beach Station VERO BEACH, FLORIDA 32960 10917 63.523 670 DOLLARS DATE 7p THE ORDER OF ceccx CLIENT OR E%PLANATION AMOUNT NUM ER I 917 i. ti4 TRUST ACCOUNT r- 0 s, Brown, Caldwell & Carter -Chartered FIRST BANNERS OF INDIAN RIVER COUNTY-VERO BEACH. FLA 1:06?DOS 2391: 1645960 31i' i RECEIVED FR N0, 446 — t1 19�'_ DOLLARS V 5, o� 0 .3/D U Account Total FR (� Amount Paid fa Elalanca OLIa 8B "1'11A Affig Ott14INVAjl*0"R IYGT a ewA Cite of ' Sebmtian Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Deborah C. Krages Mayor TELEPHONE 1305) 589-5330 City Clerk June 6, 1985 T0: Tom Palmer ,p City Attorney /� �L FROM: Debbie Kreger s/` City Clerk RE: Abandonment of platted sub -division M E M 0 Attached, please find a copy of Florida Statute 163.280 regarding the above referenced. d Ch. 163 INTERGOVERNMENTAL PROGRAMS_ F.S. 1863 Head in the state that is satisfactory to the governing body, payable to such governing body in sufficient amount to assure the completion of all required im- provements and providing for and mounting to the public the actual construction and inmtallalion of ouch improvements within a period required by the commission and expreamed in the bund. AH a further alternative to the provisions tila surety bund, such regulations may provide, in lieu ol'such surety bond, for a deposit of cash in an escrow account or such other collateral as thegoverning licitly may deem red sonibhe and proper whereby file governing Ludy im put in a position to provide reasonable assurances fur completion til' the required improvements. In any event, the commission is hereby granted the power to enforce such bonds, locality deposits fir tither collat- eral agreements by appropriate legal proceedings. History. -.. 23, ih. tim i3o. 163.275 Subdivision regulations; penalties for transferring lots in unrecorded subdivisions. --When a governing body ham adopted mubdivisiun lregulations in accord with this act, it shall he unlaw- uI for anyone who is the I,wocr or agent of the Owner of any land to transfer, mull, agree to sell, or negotiate to well much land by reference to, exhibition til' or oth- er use of a plat of a subdivision of much land without having submitted a plan and plat ol'such subdivision for approval nn required by this act and without hav- ing recorded the approved subdivision plat am re- quired. If such unlawful use be made of a plat before it in properly approved and recorded, the Owner or agent of the owner of such land shall be guilty of a misdemeanor til' the first degree, punishable as pro- vided in a. 775.082 or a. 775.061. The governing body through its legal repremontative may enjoin much transfer, mule, or agreement. Failure to comply with the provisions of this section shall nut impair the title of land so transferred or affect the validity of the title conveyed. However, a purchaser of land sold in voila. lion of this section shall, within I year from the date of purchase theretif, lis entitled to bring an appropri- ate action to avoid such male or to bring action against the seller for any damaged which he suffers as a result of the seller's unlawful act, or both. History. . re, d, my lad,• M., I. 'll Lan 163.260 Subdivision regulations; reversion of subdivided land to acreage. (1) The owner of any land subdivided into lots may file for record a plat for the purpose of showing such land no acreage. Such plat and the procedure in connection therewith shall conform to the require- ments of thin act, regulationm adopted pursuant thereto, and chapter 177, except that: (a) No survey fir certificate of any surveyor or an- t�yer shall be required. However, the governing body may require a survey of the exterior boundaries of the land and the placing of suitable monuments along such boundaries if it finds that the last preced- ing survey of record is faulty or inadequate or that in- sufficient monuments are in position along such boundaries. (b) No improvements shall be required, except such as may be necessary to provide equivalent ac- cess, as provided hereafter in this section. (c) No findings need be made as to the suitahility (of the land or as to the provision of public facilities and services for it. (2) The governing hotly may, on its town motion, order the vacation and reversion to acreage oh' all or tiny part til' a subdivision within its jurisdiction, in- cluding the vacation of streets or other purrehs Of land dedicated for public purposes or any of such streets or other parcels, when: (a) The plat of the subdivision was recorded an provided by law nut Iess than 5 years before the date of such firtioo; mad (b) In the sulmliviHiun or part there'll, not more than Ill percent -J' the total subdivision area has been sold as lots by tips original subdivider or his successor in title. Such action shall be bused on a finding by the gov. erring body or by its accredited representative for the approved of subdivision plain that the proposed vacation and reversion to acreage tit subdivided land conforms to the cuo,prthenaive plan of the area and that the public houlth, safety, economy, comfort, or- der, convenience, and welfare will be promoted there- by. Before acting un a proposal for vacation and re. version (if subdivided hold to acreage, the governing body or rte accredited repreaentalive shall hold it public hearing thereon, with due public notice. CMM 11' land in a mulslivision or part thereof is proposed fur reversion lu acreage, either atthe in- stance of lite governing Isaly or by filing a plat by the owner, and such land ie subject to existing zoning regulations, the governing body shall, upon recum. mendutiOn of the commission or other board or com- mission dealing with the recommendations as to zon- ing, where much agency exists concurrently with the proceedings for vacation suit reversion lu acreage, or for consideration of an fiction un such plat, couducl, proceedings for such amendment of such zoning reg. U111601lm am may be deemed advisable in view of the conditions that will exist subsequent to such rever- sion to acruage. (b) No owner til' any parval til' land in a mubdivi cion Shull be deprived by the reversion to acreage of any part Of the subdivision of re nainuble accepts to such panel nor of reasonable uccesm tharelrom to ext opting lucihlies to which such parcel find theretofore had access. Such access remaining or provided after such vacation need not he the same ad that thereto- fore existing, but shall be reasonably equivalent thereto. History. . 2h, aL. do tad.. Ito, rips WNA 163.265 Subdivision regulations; erection of buildings adjacent to unapproved streets. --hl any area in which a commission hum been establiahetl Hud made the accredited representative til' the nv- cnung body for the purpose of pial approval and (lir whichh a comprehensive plan, or such portion of a comprehensive plan so relates In the major street plan, heal leen adopted, the following limitation shall apply concerning erection til' buddinga adjacent to unapproved streets: No building shall Ire erected on a lilt or parcel of land within the area, nor shall any building permit he issued therefor, unless the street giving access to the lot or parcel on which such build - 612 F.S. 1983 INTERGOVERNMENTAL PROGRAMS ing is proposed to be placed line been accepted and opened as a public street, has otherwise received the legal status of a public street, has been accepted by the governing body and is shown on a recorded nubdi- visiun plat, or is a private street dedicated for the use of certain Iota or parcels but not accepted for mainte- nance by the governing body nor available for use by the public. 111.1ory. . N, rh, 09.1:19:. 11. rh. Mn V-14 163.290 Subdivision regulations; delegation of authority to other governmental agencies. -- Nothing contained in this ad shall prevent the governing body from assigning part or all of the pow- ers and duties described inns. 163.2011 to 163.280 to agencies other than the commission. Governing bod- ies are hereby empowered to make much assignment of part or all of such powers and duties for the pur- pose of carrying out and enforcing the provisions of sm. 16:1.260 to 163.286, relative W upproval of Rubdivi- sion plans and plate and other matters contained herein. Ill.l..ry. . 27,,11 al I:III. 163.296 Building, plumbing, electrical, gas, fire, safety, and sanitary codes ---The several counties and incorporated municipalities, individual- ly ur in combination am authorized by this act, are au- thorized and empowered to adopt and, from time to time, amend or revise and enforce building, plumb- ing, electrical, gas, fire, safety, and sanitary codes af- ter a public hearing with due public notice. Such codes are declared to be necessary to promote and preserve the public health, safety, comfort, order, ap- pearance, convenience, murals, and general welfare. Such codes are declared to he one of the several in- strumentH for implementing much comprehensive plans or parts thereof as may have been or hereafter may be adopted. Such codes may be adopted by ref- erence if at least three copies of each such code are kept available for public use, inspection, and exami- nation at some public office under the jurisdiction of the governing hady to he determined by the govern- ing Moly at the time of the adoption of such code or codes. The penalty provisions for the violation of such codes shall he set out in full in the ordinance adopting the code or codes. The provisions of this section shall not he interpreted to authorize the adoption and enforcement of any minimum housing code or public school building codes. IlbinrY - .. 2M, rh. fa CIU. 163.300 Fees and chargee; employment of personnel.— (1) The several counties and incorporated munic- ipalit.ieH of thin state, individually or in combination am authorized by this act, are empowered to deter- mine and eel equitable fees and charges for the Rer- vices and activities necessary to the adminiRtration of any ordinance or regulation enacted pursuant to this act. (2) The several counties anti incorporated munic- ipalities of this state, individually or in combination as authorized by this act, are empowered to employ personnel of the type and kind necessary to adminin- Ch. 103 ter and enforce any ordinance or regulation enacted pursuant to this act. Ilblory.-*. 29. A e9119. 163.306 Enforcement of ordinances and reg- ulations. –The governing body shall provide by or - (finance for the enforcement of any ordinance or reg- ulation enacted tinder the provisions of thin act. When appropriate, violation of any ordinance or reg- ulation passed under this act may be deemed a mio- demeanor, punishable as provided by law. The gov- erning body may hove recourse to such legal remedies as may be necessary to insure compliance with the provision of any ordinance or regulation enacted purr ouant to this act. 111.1.,Y... 111, rh. 611 1:19. 163.310 Construction.—Thio act shall be liber- ally construed to promote the purposes for which it is intended except for the penalty provisions, which shall be strictly construed against the commission or governing Indy. Ill.wry. . :I I, h. ss 1:19 163.316 Effect of act on existing planning and plan Implementation authorization.— (1) A county or incorporated municipality, jointly or individually as set out in this act, desiring to uti- lize the provisions of this act must take formal suit- able action declaring its election to proceed under the provisions of this act. Any county or incorporated municipality which, prior to September 1, 1969, had the authority t41 engage in planning and plan imple- mentation from whatever source derived may contin- ue to operate under such preexisting authority until the governing body of Ruch county or incorporated municipality shall declare thin act to be effective therein. (2) Any municipal or county ordinance legally en- acted under the provisions of any such preexisting power and authority shall remain in force and effect after thin act becomes effective until the county or municipality has elected W proceed under the provi- sions of thin act and has brought such resolution or ordinance into conformity with the provisions of this act. However, after this act becomes effective in any county or municipality, such resolutions and ordi nances shall he administered under the provisions of this act, and any amendments to any such county or municipal ordinance shall be made under the provi- sions of this act. H1.tor, .:11, ch. 69 1:19. 163.3161 Short title; intent and purpose.— (1) 'Thio act shall be known and may be cited as the "Local Government Comprehensive Planning Act of 197fi." (2) In conformity with, and in furtherance of, the purpose of the Florida Environmental Land and Wa- ter Management Act of 1972, chapter 380, it is the purpose of this act to utilize and strengthen the exist- ing role, pr4wemsen, and powers of local governments in the establishment and implementation of compre- hanoive planning programs to guide and control fu- ture development. 813 10111) /400hl\ MOSBY ROBBINS AND ASSOCIATES, INC. CONSULTING ENGINEERS July 1, 1985 Mr. Harold Eisenbarth, Chairman Planning & Zoning Commission City of Sebastian Post Office Box 127 Sebastian, Florida 32958 Subject: Wauregan Subdivision Abandonment of the Subdivision Roads City of Sebastian, Florida Engineer's Project No. 84-113 Dear Mr. Eisenbarth: 1995 39TH AVENUE, SUITE D P.O. BOX 6368 VERO BEACH. FLORIDA 32961 305-569-0035 We have reviewed the request to abandon the subdivision roads within the Wauregan Subdivision as defined in the letter from Attorney George G. Collins, dated June 3, 1985. The roads requested to be abandoned lie within a parcel of land entirely owned by one owner. These roads are currently undeveloped. The portion of Wauregan Street to the north through the St. Helens Church property has already been abandoned. Based on our conversations with Attorney George Collins and evaluation of the submitted data, we can recommend abandonment of the requested "paper" roads as defined in Mr. Collins' letter. Should you require further information, please call. Very truly yours, Randall L. osby President RLM:slt City of Sebastian Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Deborah C. Krages Mdyor TELEPHONE (305) 589-5330 City Clerk July 12, 1985 Deborah C. Krages City Clerk City of Sebastian 1225 Main Street Sebastian, FL 32958 SUBJECT: REQUEST TO ABANDON CERTAIN PAPER STREETS, WAUREGAN SUBDIVISION Dear Mrs. Krages; This is to inform you that at their Regular Meeting, Thursday, July 11, 1985, the Planning and Zoning Commission passed a motion to recommend to the City Council to approve a request to abandon the subdivision roads within the Wauregan Subdivision as defined: (a) That portion of Chesnut Street lying between Blocks 53 and 56 crossing Brevard Avenue and lying between Blocks 54 and 55. (b) That portion of Spruce Street lying between Blocks 56 and 57 crossing Brevard Avenue lying between Blocks 55 and 58. (c) That portion of Oak Street lying between Blocks 57 and 60 crossing Brevard Avenue lying between 58 and 59. (d) That portion of Walnut Street lying between Blocks 60 and 61 crossing Brevard Avenue, lying between Blocks 59 and 62. (e) That portion of Orange Street lying between Blocks 61 and 64 crossing Brevard Avenue lying between Blocks 62 and 63 terminating at the intersection of the east right of way Zine of the Florida East Coast Railway. (f) That portion of Wauregan Avenue whose north boundary being an extension of the north line of Lot 22 and the south boundary being an extension of the south line of Lot 25 which portion of Wauregan Avenue abuts Lots 22 through 25 on its east and Blocks 56, 57, 60, 61 and 64 on its west. Deborah C. Hrages July 12, 1985 Page 2 This recommendation to approve the request is subiect to the Planning and Zoning Commission's Consulting Engineer, Randall Mosby, to review the City's road easement along the Florida East Coast Right of Way. I have written to Mr. Mosby requesting this review, and will forward a copy of his findings to you when I receive them. Thank you. Very truly yours, Brenda E. Schauman Secretary/Planning and Zoning Commission cc P&Z Commission Randall Mosby, Consulting Engineer DATE RCVD. TO COUNCIL FIR: T AC�^:_ ". DA �: FIRST VOTE A'ES NAYS: PUBLIC HEARING SECOND READING VOTE: A. - - - \ c, City of Sebastian Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Deborah C. Krages Mayor TELEPHONE (305) 589-5330 City Clerk July 12, 1985 Mr. Randall Mosby Mosby -Robbins and Associates, Inc. Consulting Engineers Post Office Box 6368 Vero Beach. Florida 32961 RE: ABANDONMENT OF CERTAIN PAPER STREETS, WAUREGAN SUBDIVISION Dear Mr. Mosby; At their Regular Meeting, Thursday, July 11, 1985, the Planning and Zoning Commission passed a motion to recommend to the City Council approval of a request to abandon certain paper streets in the Wauregan Subdivision. The motion was passed subject to your review and findings regarding the road easement, for the City, along the Florida East Coast Right -of -Way. Enclosed is a copy of a letter I have sent to Deborah Krages, City Clerk, and also copies of information you requested from the Saint Sebastian Church Project. Your assistance in this matter is greatly appreciated. If you have any questions, please do not hesitate to contact me. Very truly yours, �f Brenda E. Schauman Secretary/Planning and Zoning Commission cc P&Z Commission City of Sebastian Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32968.0127 Deborah C. Kragas Mayor TELEPHONE (305) 589-6330 City Clerk July 12, 1985 Mr. Randall Mosby Mosby -Robbins and Associates, Inc. Consulting Engineers Post Office Box 6368 Vero Beach, Florida 32961 RE: ABANDONMENT OF CERTAIN PAPER STREETS, WAUREGAN SUBDIVISION Dear Mr. Mosby; At their Regular Meeting, Thursday, July 11, 1985, the Planning and Zoning Commission passed a motion to recommend to the City Council approval of a request to abandon certain paper streets in the Wauregan Subdivision. The motion was passed subject to your review and findings regarding the road easement, for the City, along the Florida East Coast Right -of -Way. Enclosed is a copy of a letter I have sent to Deborah Krages, City Clerk, and also copies of information you requested from the Saint Sebastian Church Pro iect. Your assistance in this matter is greatly appreciated. If you have any questions, please do not hesitate to contact me. Very truly yours, / du-� / �SZ Brenda E. Schauman Secretary/Planning and Zoning Commission cc P&Z Commission City Clerk George C. Collins, Jr. Cit1) of Sebastian Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Deborah C. Krages Mayor TELEPHONE (305) 589.5330 City Clerk July 15, 1985 Mr. George G. Collins, Jr. Collins, Brown, Caldwell & Carter P.O. Box 3686 744 Beachland Boulevard Vero Beach, Florida 32960 RE: ABANDONMENT OF CERTAIN PAPER STREETS - WAUREGA14 SUBDIVISION Dear Mr. Collins; At their regular meeting, Thursday, July 11, 1985, the Planning and Zoning Commission passed a motion to approve your request to Abandon Certain Paper Streets in the Wauregan Subdivision. This request was approved contingent upon a review by the Planning and Zoning Commission's Consulting Engineer, Randall Mosby, on whether or not a road easement would be in the best interest of the City of Sebastian. Enclosed is a copy of a letter that I have sent to City Clerk, Deborah Krages, and Consulting Engineer, Randall Mosby. If I can be of any assistance to you, please do not hesitate to contact me Very y�truly yours, Brenda E. Schauman Secretary/Planning and Zoning Commission cc City Clerk Consulting Engineer P&Z Commission AVON City of Sebastian Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Deborah C. Krages Mayor TELEPHONE 13051 589-5330 Cny Clerk July 12, 1985 Deborah C. Krages City Clerk City of Sebastian 1225 Main Street Sebastian, FL 32958 SUBJECT: REQUEST TO ABANDON CERTAIN PAPER STREETS, WAUREGAN SUBDIVISION Dear Mrs. Krages; This is to inform you that at their Regular Meeting, Thursday, July 11, 1985, the Planning and Zoning Commission passed a motion to recommend to the City Council to approve a request to abandon the subdivision roads within the Wauregan Subdivision as defined: (a) That portion of Chesnut Street lying between Blocks 53 and 56 crossing Brevard Avenue and lying between Blocks 54 and 55. (b) That portion of Spruce Street lying between Blocks 56 and 57 crossing Brevard Avenue lying between Blocks 55 and 58. (c) That portion of Oak Street lying between Blocks 57 and 60 crossing Brevard Avenue lying between 58 and 59. (d) That portion of Walnut Street lying between Blocks 60 and 61 crossing Brevard Avenue, lying between Blocks 59 and 62. (e) That portion of orange Street lying between Blocks 61 and 64 crossing Brevard Avenue lying between Blocks 62 and 63 terminating at the intersection of the east right of way line of the Florida East Coast Railway. (f) That portion of Wauregan Avenue whose north boundary being an extension of the north line of Lot 22 and the south boundary being an extension of the south line of Lot 25 which portion of Wauregan Avenue abuts Lots 22 through 25 on its east and Blocks 56, 57, 60, 61 and 64 on its west. Deborah C. Krages July 12, 1985 Page 2 This recommendation to approve the request is subject to the Planning and Zoning Commission's Consulting Engineer, Randall Mosby, to review the City's road easement along the Florida East Coast Right of Way. I have written to Mr. Mosby requesting this review, and will forward a copy of his findings to you when I receive them. Thank you. very truly yours, • ,�e�44- 4 : �i Brenda E. Schauman Secretary/Planning and Zoning Commission cc P&Z Commission Randall Mosby, Consulting Engineer THOMAS C. PALMER ATTORNEY AT LAW P.O. BOX 145,1037 MAIN STREET, SEBASTIAN, FLORIDA 32958 305-589-75W July 23, 1985 George G. Collins, Jr., Esq, Collins, Brown, Caldwell & Carter P.O. Box 3686 744 Beachland Blvd. Vero Beach, Florida 32963 Re: Wauregan Subdivision - Street Vacation Dear Joe: Enclosed is a copy of a proposed Ordinance for the vacation of the streets you mentioned in your letter of June 3. You did not mention Brevard Avenue in your letter, but the layout drawing showed Brevard avenue as being included so it is in the Ordinance. The drawing refers to "Chesnut Street" and your letter refers to "Chesnut Street." I think that street is "Chestnut Street", but I'm not certain of the correct spelling. You may want to check this spelling. I£ you contact the City Clerk she will place this ordinance on a city council meeting agenda. If you have any questions, please give me a call. Very truly yours, Thomas C. Palmer _ ... ..-_. Encl: Ordinance (proposed) cc: Mayor Jim Gallagher MOSBY - ROBBINS AND ASSOCIATES, INC. CONSULTING ENGINEERS July 24, 1985 Mr. Harold Eisenbarth, Chairman Planning & Zoning Commission City of Sebastian Post Office Box 127 Sebastian, Florida 32958 Subject: Abandonment of Certain Wauregan Subdivision, Engineer's Project No. Dear Mr. Eisenbarth: AWN Paper Streets Sebastian, Florida 84-113 1995 39TH AVENUE, SUITE D P.O. BOX 6366 VERO BEACH, FLORIDA 32961 305-569-0035 We have reviewed the requirement for the 50 foot right-of-way paralleling the Florida East Coast right-of-way as a condition of the abandonment of certain streets within Wauregan Subdivision, as defined in Ms. Brenda Schauman's letter dated July 12, 1985, to Ms. Deborah C. Krages. We have reviewed the documentation provided regarding Saint Williams Catholic Church, located to the north of the subject project, and the required dedicated 50 foot right-of-way imposed upon that site plan approval. In addition, we have discussed this matter with the past city engineer, Mr. Earl Masteller. Mr. Masteller indicated that at the time of review of Saint Williams Catholic Church, it was felt that a north/south road paralleling the railroad was necessary due to the lack of knowledge of the property to the south. After explaining to Mr. Masteller the single ownership and proposed plans for the subject project, Mr. Masteller indicated that he could see no reason to require a 50 foot right-of-way continuation to the south. After review of the above and the City of Sebastian's overall thoroughfare plan, we see no reason to require this right-of-way as a condition of the street abandonments. Should you require further information, please call. Ve�y91y yYsbyy , Randall L M President RLM:s1t Collins, Brown, Caldwell & 'Carter CHARTERED ATTORNEYS AT LAW PAUL D. BURCH-1934-19)6 GEORGE G. [OLEINS. JR. CALVIN S. BROWN 11� WILLIAM W. CALDWELL BURNEV J. CARTER d JUL 26163 July 25, 1985 Thomas C. Palmer, Esq. P. O. Box 145 Sebastian, FL 32958 Re: Wauregan Subdivision - Street Vacation Dear Tom: PLEASE REPLY TO. � P O. BOX 3606 744 BEACHLAND BOULEVARD VERO BEACH. FLORIDA 3296D 305.231-4343 n P O. BOX 266 221 NORTH U.5. NO. I SEBASTIAN. FLORIDA 32958 305.5893156 Let me compliment you on the fine job you have done in preparation of the vacation ordinance in Wauregan Subdivision. I agree with your comments. I believe the publication should also conform with Florida Statutes §177.101 which requires not less than two weekly publications. By copy of this letter to the City Clerk, I am asking her to put the matter on the City Council agenda subsequent to appropriate advertisement. My ;,z ndq(at-regards, George1q. Cotllns, ur. GGC, Jr./mg cc: Mr. Edgar Schlitt Mr. John Moore Mrs. Deborah C. Krages, City Clerk W er rumr� `Nr Ciq of Sebastian Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Deborah C. Krages Mayor TELEPHONE (305) 589-5330 City Clerk August 7, 1985 Mr. George G. Collins, Jr. Collins, Brown, Caldwell & Carter Post Office Box 3686 Vero Beach, Florida 32960 RE: Wauregan Subdivision - Street Vacation Dear Mr. Collins: Pursuant to the above referenced, please be advised that in accordance with our phone conversation,the public hearing be- fore City Council has been scheduled for September 11, 1985, beginning at 7:00 p.m., in City Council Chambers, 1225 Main Street, Sebastian, Florida. Should you have any questions please feel free to contact me. Very truly yours, Deborah C. Krages City Clerk rol NOTICE OF PUBLIC HEARING The City Council of the City of Sebastian, Florida, will hold a Public Hearing, on Wednesday, September ll,, 1985, at 7:00 p.m., in City Council Chambers, 1225 Main Street, Sebastian, Florida, for the purpose of considering an Ordinance vacating a portion of platted land known as the Wauregan Subdivision, more specifically described herein: AN ORDINANCE VACATING, ABOLISHING AND ABANDONING CHESTNUT STREET, SPRUCE STREET, OAK STREET, WALNUT STREET, ORANGE STREET, BREVARD AVENUE AND PART OF WAUREGAN AVENUE, ALL WITHIN WAUREGAN SUBDIVISION) LYING WEST OF U.S. HIGHWAY NO. 1 AND EAST OF THE RAILROAD RIGHT OF WAY OF THE FLORIDA EAST COAST RAILROAD, AND NORTH OF LEMON STREET; PROVIDING AN EFFECTIVE DATE. All interested parties may inspect the proposed ordinance in the office of the city clerk, city hall, and may appear at the hearing and be heard with respect to the proposed Ordinance. At the conclusion of the Public Hearing or at a subsequent meeting, the Council may enact this Ordinance into law. Anyone who may wish to appeal any decision which may be made at this hearing will need to ensure that a verbatim re- cording of the proceedings is made which record includes the testimony and evidence upon which the appeal will be based. PUBLISH: Vero Beach Press Journal August 28 & September 4, 1985 Sebastian Sun Augus t 28 & September 4, 1985 Deborah C. Krages City Clerk City of Sebastian VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida :OUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath ays that he Is Business Manager of the Vero Beach Press -Journal, a daily newspaper published it Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being i 7W inthematterof--Z.��/A. 'in the the ___. Court, wab pub fished in said newspaper in the issues of f�c�//% 1?06- �1cK.2Gm�Gt%� U Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published In said Indian River County, Florida, each dally and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication In the said newspaper. )) oo��--- Sworn to and subscribe efo met - day of4S. 19 ass ( sin Manager) (Clerk of the Circuit Court, Indian Wer County, Florida) (SEAL) NOTICE OF PUBLIC HEARING The City Council of the City of Sebastian. Flor- Ida, will had a Public Hearing, on Wednesday. September 1t, 1856, 7700 P.M.. In the City Coun- cil Chambers, 1225 Main Street, Sebastian. Flor- Ida, for the purpose of conalderinp an Ordinance vacating a portion of putted long known es the Wauregsn Subdivision, more specifically do - All interaeled parties may Inspect the pro - sod ordinance in rho office of the city clerk, y hall, and may appear at the hearing and be At the Conclusion of the Public Hearing or at a subsequent meeting, the Council may enact this Ordinance Into law. Anyone who may with to do- ppeeel any decision which may be made at this hasrinpp will need to ensure that a verbatim recording of the proceedings Is made which record Includes the testimony and evidence upon which the appeal will be based. Deborah C. Kroger, P.O. Box 1268 Telephone 562-2315 Vero Beach Wcos 3journ,at Vero Beach, Florida 32960 LEGA ADVERTISING /a'' 7 , Account # /1 eZi& Date f Please return this statement with your payment. r NOTICE: 4/,,/ PUBLISHED: �asf ud✓ City) of Sebastian Jim Gallagher POST OFFICE BOX 127 O SEBASTIAN, FLORIDA 32958-0127 Mayor TELEPHONE (305) 589-5330 September 17, 1985 Mr. George G. Collins Collins, Brown, Caldwell 6 Carter P. 0. Box 3686 Vero Beach. Florida 32960 Dear Mr. Collins: For your information and records, we are enclosing copy of the following Ordinance No. 0-85-17, which was adopted by the City Council on September 11 - AN ORDINANCE VACATING, ABOLISHING, AND ABANDONING CHESTNUT STREET, SPRUCE STREET, OAK STREET, WALNUT STREET, ORANGE STREET, BREVARD AVENUE, AND PART OF WAUREGAN AVENUE, ALL WITHIN WAUREGAN SUBDIVISION, LYING WEST OF U.S. HIGHWAY NO. 1 AND EAST OF THE RAILROAD RIGHT OF WAY OF THE FLORIDA EAST COAST RAILROAD, AND NORTH OF LEMON STREET; PROVIDING AN EFFECTIVE DATE. The original has been sent be recorded and a copy of you when it is received by LR Enc. to the Clerk of the Circuit Court to the recordet3 ordinance will be sent to US. Very truly yours, a4l,' C'. Deborah C. Krages City Clerk Deborah C. Krages City Clerk City of Sebastian Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Deborah C. Krages Mayor TELEPHONE (305) 589-5330 City Clerk September 20, 1985 The Honorable Freda Wright Clerk..of the Circuit Court Indian River County P. 0. Box 1028 Vero Beach, Florida 32960 Dear Madam Clerk: Enclosed is check No. 07403 in the amount of $42.00 to cover cost of recording the following attached documents: RESOLUTION NO. R-85-49 - ABANDONMENT OF EASEMENT BETWEEN WEST SIDE OF LOT 16 AND THE EAST SIDE OF LOT 17, BLOCK 129, UNIT 4, SEBASTIAN HIGHLANDS, RECORDED IN PLAT BOOK 15/100., INDIAN RIVER COUNTY. RESOLUTION NO. R-85-50 - ABANDONMENT OF EASEMENT BETWEEN THE SOUTHEAST SIDE OF LOT 25 AND THE NORTHWEST SIDE OF LOT 26, BLOCK 276, UNIT 10, SEBASTIAN HIGHLANDS, RECORDED IN PLAT BOOK 16/37 H, INDIAN RIVER COUNTY. RESOLUTION NO. R-85-51 - ABANDONMENT OF EASEMENT BETWEEN THE EAST SIDE OF LOT 4 AND THE WEST SIDE OF LOT 5, BLOCK 53, UNIT 2, SEBASTIAN HIGHLANDS, RECORDED IN PLAT BOOK 15/36, FNDTAM.'RIVER COUNTY. RESOLUTION NO. R-85-52 - ABANDONMENT OF EASEMENT BETWEEN NORTHWEST SIDE OF LOT 25 AND SOUTHEAST SIDE OF LOT 26, BLOCK 280, UNIT 10, SEBASTIAN HIGHLANDS, RECORDED IN PLAT BOOK 16/37 G, INDIAN RIVER COUNTY. RESOLUTION NO. R-85-53 - ABANDONMENT OF EASEMENT BETWEEN NORTH SIDE OF LOT 1 AND SOUTH SIDE OF LOT 2, BLOCK 77, UNIT 2, SEBASTIAN HIGHLANDS, RECORDED IN PLAT BOOK 15 34. INDIAN RIVER COUNTY. ✓ ORDINANCE NO. 0-85-17 - AN ORDINANCE VACATING, ABOLISHING AND ABANDONING CHESTNUT STREET, SPRUCE STREET, OAK STREET, WALNUT STREET, ORANGE STREET, BREVARD AVENUE, AND PART OF WAUREGAN AVENUE, ALL WITHIN WAURECAN SUBDIVISION, LYING WEST OF U.S. HIGHWAY NO. 1 AND EAST OF THE RAILROAD RIGHT OF WAY OF THE FLORIDA EAST COAST RAILROAD, AND NORTH OF LEMON STREET; PROVIDING AN EFFECTIVE DATE. Very /truly yours, ��- �// —gx?' 4 04 ' / 1 � Elizabeth Reid Deputy City Clerk LR: Enc. City of Sebastian Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Mayor TELEPHONE (305) 589-5330 October 3, 1985 Mr. George G. Collins Collins, Brown, Caldwell & Carter P. O. Box 3686 Vero Beach, Florida 32960 Dear Mr. Collins: Deborah C. Krages City Clerk We are enclosing herewith copy of the following Ordinance No. 0-85-17 which has now been recorded by the Clerk of the Circuit Court: AN ORDINANCE VACATING, ABOLISHING, AND ABANDONING CHESTNUT STREET, SPRUCE STREET, OAK STREET, WALNUT STREET, ORANGE STREET, BREVARD AVENUE, AND PART OF WAUREGAN AVENUE, ALL WITHIN WAUREGAN SUBDIVISION, LYING WEST OF U.S. HIGHWAY NO. 1 AND EAST OF THE RAILROAD RIGHT OF WAY OF THE FLORIDA EAST COAST RAILROAD, AND NORTH•.OF LEMON STREET; PROVIDING AN EFFECTIVE DATE. Also attached is an itemized list of expenses incurred by the City of Sebastian over and above the original $25.00 pre -payment. Very truly yours, k�� �• '1 RI Deborah C. Krages City Clerk LR Enc. City of Sebastian Jim Gallagher POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Mayor TELEPHONE (305) 589-5330 October 3, 1985 Expenses incurred by the City of Sebastian in connection with the passage of Ordinance No, 0-85-17: $35.64 - Cost of Advertising 17.00 - Cost of Recording $52.64 Less 25.00 - Pre -Payment $27.64 - Amount due Deborah C. Kra9es City Clerk Colfills, Brown, (Caldwell & Canter CHARTERED A77ORNEYS AT LAW PAUL D. BURCH - 1934 - 1976 GEORGE G. COLLINS. JR. CALVIN B. BROWN WILLIAM W. CALDWELL BURNEYJ.CARTER Mrs. Deborah C. Krages City Clerk City of Sebastian Post Office Box 27 Sebastian, FL 32958-0127 Re: Ordinance No. 0-85-17 Dear Mrs. Krages: PLEASE REPLY TO: P.0 BOX 3686 744 BEACHLANO BOULEVARD VERO BEACH. FLORIDA 32960 305.231-4343 ^ P. C BOX 266 221 NORTH U.5 NO. 1 SEBASTIAN. FLORIDA 32958 305 589 3156 October 9, 1985 -- ,1 •o N �7 Please find enclosed our check in the amount of $27.64 represent- ing payment of the expenses incurred by the City of Sebastian with regard to the above referenced ordinance. Thank you for all your cooperation in this matter. Sincerely, &���J� George G. Collins, Jr. GGC, Jr./mg Enclosure It Collins, Drown, Caldwell & Carter CHARTERED ATTORNEYS AT LAW PAUL D. BURCH - 1934 - 1976 GEORGE Q. COLLINS. JR. CALVIN B. BROWN WILLIAM W. CALDWELL GURNEY J. CARTER October 9, 1985 Mrs, Deborah C. Krages City Clerk City of Sebastian Post Office Box 27 Sebastian,_FL 32958-0127 Re: Ordinance No, 0-85-17 PLEASE REPLY TO: Q P.O. BOX 3686 744 13EACHLAND BOULEVARD VERO BEACH. FLORIDA 32960 305.231-4343 0 P.O. BOX 266 221 NORTH U.S. NO. 1 SEBASTIAN, FLORIDA 32958 305.589-3156 Dear Mrs. Krages : Please find enclosed our check in the amount of $27.64 represent- ing payment of the expenses incurred by the City of Sebastian with regard to the above referenced ordinance. Thank you for all your cooperation in this matter. Sincerely, r i Collins, Brown, Caldwell & Carter -Chartered 14807 ATTORNEYS AT LAW I 744 Beach{and Boulevard ' VERO BEACH, FLORIDA 32960 63-523 670 PAY �G�7r .�1J //crt� DOLLAR - DATE I (/ TO THE ORDER OF I NUMBER I AMOUNT I CLIENT OR EXPLANATION L Collins, Brown, d B own CalJwoll & Carter-Chartered GENERAL ACCOUNT e FIRST BANKERS OF INDIAN RIVER COUNTY - x:0670052396: 06 04173 611' %0 ORDINANCE NO. 0-85- r85- / 1 11 AN ORDINANCE VACATING, ABOLISHING, AND ABANDONING CHESTNUT STREET, SPRUCE STREET, OAK STREET, WALNUT STREET, ORANGE STREET, BREVARD AVENUE, AND PART OF WAUREGAN AVENUE, ALL WITHIN WAUREGAN SUBDIVISION, LYING WEST OF U.S. HIGHWAY NO. 1 AND EAST OF THE RAILROAD RIGHT OF WAY OF THE FLORIDA EAST COAST RAILROAD, AND NORTH OF LEMON STREET] PROVIDING AN EFFECTIVE DATE WHEREAS, the owners of Lots 55, 560 570 58, 59, 600 61, 62, and 64, WAUREGAN SUBDIVISION, according to the Plat filed in the Office of the Clerk of the Circuit Court, Brevard County, Florida, in Plat Book 1, Page 75, and refiled in the Office of the Circuit Court of St. Lucie County, Florida, in Plat Boob 1, Pages 178 and 179, said land now lying and being in the City of Sebastian, Indian River County, Florida, to vacate certain streets in the said subdivision, and WHEREAS, the City Council finds that the vacation of the subject streets as requested conforms to the comprehensive plan for the area and that the public health, safety, economy, confort, order, con- venience and welfare will be promoted by the vacation of the streets, and, . ; WHEREAS, the vacation of the said streets will not result in depriving reasonable access to the lots owned by the applicant, nor deny reasonable access therefrom to existing facilities to which other owners of lots have heretofore had access, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION I That the right-of-way known as Chestnut Street, located on, over and between the following described property located in the City of Sebastian, Indian River County, Florida: Between lots 53 and 54 on the North and lots 55 and 56 on the South, WAUREGAN SUBDIVISION, and more specifically described as follows: "Beginning at the southeast corner of lot 53, Wauregan Subdivision, run 617.24 feet, more or less, to the east edge of the right-of-way of the Florida East Coast Railroad right-of-way, thence run 70.00 feet, more or less, southeast along the said right-of-way to the northeast corner of lot 55, thence run 606.07 feet, more or less, to the north- east corner of lot 56, thence run north 70.00 feet, more or less, to the point of beginning" Be and the said right-of-way is hereby vacated, abolished and abandoned. SECTION II That the right-of-way known as Spruce Street located on, over, and between the following described property lci^ated in the City of Sebastian, Indian River County, Florida: Between lots 55 and 56 on the North and lots 57 and 58 on the South, WAUREGAN SUBDIVISION, and more specifi.::ally described as follows: "Beginning at the southeast corner of lot 56, WAUREGAN SUBDIVISION, run 558.22 feet, more or less, to the east edge of the right-of-way of the Florida East Coast Railroaw, thence run southeast 70.00 feet, more or less, to the northwest corner of lot 58, thence run east 547.05 feet, more or less, to the northeast corner of lot 57, thence run north 70.00 feet, more or less, to the point of. beginning" Be and the said right-of-way is hereby vacated, abolished and abandoned. s SECTION III That the right-of-way known as Oak Street, located on, over and between the following described property located in the City of Sebastian, Indian River County, Florida: Between lots 57 and 58 on the North and lots 59 and 60 on the South, WAUREGAN SUBDIVISION, and more specifically described as follows:' 10 "Beginning at the southeast corner of lot 57, Wauregan Subdivision, run west 499.20 feet, more or less, to the east edge of the right-of- way of the Florida East Coast Railway, thence run southeast 70.00 feet, more or less, to the northwest corner of lot 59, thence run east 488.04 feet, more or less, to the northeast corner of lot 60, thence run North 70.00 feet, more or lead, to the point of beginning" Be and the said right-of-way is hereby vacated, abandoned and abolished. SECTION IV That the right-of-way known as Walnut Street, located on, over and between the following described property in the City of Sebastian, Indian River County, Florida: Between lots 59 and 60 on the North and lots 61 and 62 on the South, WAUREGAN SUBDIVISION, and more specifically described as follows: "Beginning at the southeast corner of lot 60, run 440.18 feet, more or less, to the east right-of-way of the Florida East Coast Railway, thence run southeast along the said right-of-way 70.00 feet, more or less, to the northwest corner of lot 62, thence run east approximately 420 feet to the northeast corner of lot 61, thence run north 70.00 feet, more or less, to the point of beginning" Be and the same right-of-way is hereby vacated, abolished and abandoned. SECTION V That the right-of-way known as Orange Street, located on. over, and between the following described property located in the City of Sebastian, Indian River County, Florida: Between lots 61 and 62 on the .North and Lot 64 on the South, WAUREGAN SUBDIVISION, and more specifically described as follows: "Beginning at the southeast corner of lot 61, run west 375 feet, more or less, to the east edge of the right-of-way of the Florida East Coast Railway, thence run southeast along the said right-of- way approximately 70 feet to a line which is a westerly 'extension of the North edge of lot 64, thence run east approximately 360 feet to the northeast corner of lot 64, thence run north approximately 70 feet to the point of beginning" Be and the same right-of-way is hereby vacated, abolished and abandoned. -2- t v SECTION VI That the right-of-way known as Brevard Avenue, located on, over and between the following described property located in the City of Sebastian, Indian River County, Florida: Between lots 55, 58, 59, and 62 on the. West and lots 56, 57, 60 and 64 on the East, WAUREGAN SUBDIVISION, and more specifically de- scribed as follows: "Beginning at the northwest corner of lot 56, Wauregan Subdivision, run west 80.00 feet, more or less, to the northeast corner of lot 55, thence rurr south approximately 1,390 feet along lots 55, 58, 59 and 62, to the east edge of the right-of-way of the Florida east Coast railway, thence run southeast along the east edge of the railroad right-of-way approximately 380 feet to the North edge of Lemon Street, thence run east approximately 15 feet to the southwest corner of lot 64, Wauregan Subdivision, thence run north approximately 1,780 feet to the point of beginhing: Be and the same right-of-way is hereby vacated, abolished and abandoned. SECTION VII That the right-of-way known as Wauregan Avenue located on, over and between the following described property located in the City of Sebastian, Florida: Between lots 22, 230 24, 25, 26 and 27 on the East, and lots 56, 57, 60, 61 and 64 on the West, WAUREGAN SUBDIVISION, and more specifically described as follows: "Beginning at the northwest corner of lot 22, Wauregan Subdivision, run west 80.00 feet, more or less, to the east edge of lot 53, thence run south approximately 1,870 feet past lots 56, 570 600 61 and 64 to the north edge of Lemom Street, thence run east 80.00 feet, more or lose, to the southwest corner of lot 27, Wauregan Subdivision, thence run north approximately 2,189.95 feet past lots 27, 260 250 241 23 and 22, Wauregan Subdivision to the point of beginning" Be and the same right-of-way is herebt vacated, abolished and abandoned. SECTION VIII A certified copy of this •Ordinance shall be filed in the Office of the Clerk of the Circuit Court, Indian River County, Florida, and shall be recorded in the Public Records of Indian River County. SECTION IX This Ordinance shall be effective upon Final Passage by the City Council and recording of this Ordinance in the Public REcords of Indian River County, Florida. I K&RgBY CERTIFY that the foregoing Ordinance was finally passed by_th4 Q.ity Council of the City of Sebastian, Florida, on the _/j day, of ,1985. CI Y OFFS ASTIAN, LORIDA A 'ES - • a- BY _,City Clerk 'm Gallagher Mayor I HEREBY CERTIFY that Notice of Public Hearing for the foregoing Ordinance was given in accordance with Section 166.041, Florida Statutos.,.and that said public hearing was held in the City Hall of the City of Sebastian, Florida at 7:00 P.M. on the _jj *JL, day of ,1985, and that the Ordinance was duly passed nd 7do`pte`dby� the City Council,of the City of Sebastian, Florida on the day of 01985. City Clerk 4 ' �� f , .. .. � ...n -ter. ` _ ..w. • !` Yr. �� _ � � _ ..r+.'-'�"-_�-.+1 "` •,r ,,..r, —�}� ('u, � 3 tip w ;` `�� �44 • {', �. � Uh + � ion? :r t; � ,� 5 �_ !.qq t � Fj tro ,� X03 • �►� _ � 00 i C9 � 4..lsjcfNNoR.A .% , oW W 499 �,�,, ��•8; ,1� 1 • , L al 3o ... . , Cl A 4. OMV �V o Mi tc IWO ``\t � MSD _ .,or � j • �, �, i i ......••rte ,� Ar 00 13 _ G i 4 , r7_ - — .99 - JB _? J 3F 3S - 1 ` � 24 / qI 62 I 61 ,ry a? I Es z6 27 -- 6 _ 3 3z i-u_ J ' 9s vs 37 1F ,, _ a9 4B 47 I ( r �- i r - G175 I HEREBY CERTIFY THAT UNDER THE DIRECTION OF THE "INDIAN RIVERLAND- - & IMPROVEMENT COMPANY", I HAVE LAID OUT A PORTION OF SEC. 21 & SEC, 30 INTO LOTS AND BLOCKS THE SAME BEING SITUATED AND A PORTION OF THE FLEMING GRANT IN TWP_.. 30 & 31 & RGES. 37 - 38 - 39 IN BREVARD CO. FLA. & IS CALLED WAUREGAN, THIS MAP DESIGNATES CORRECTLY THE LAND SO LAID OUT.