HomeMy WebLinkAboutResolution No. 2015-10 RESOLUTION NO.2015-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
VACATING A PORTION OF THE POLK AVENUE RIGHT-OF-
WAY DEPICTED AND LEGALLY DESCRIBED IN EXHIBIT
"A," ATTACHED HERETO AND FULLY INCORPORATED
HEREIN BY THIS REFERENCE, WHICH SHALL RESULT IN
THE VACATED RIGHT-OF-WAY BEING RETAINED BY THE
CITY AS SOLE ADJOINING PROPERTY OWNER, PROVIDING
FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
SEVERABILITY, AND AN IMMEDIATE EFFECTIVE DATE
AND LEGAL STATUS IF CHALLENGED.
WHEREAS, the City is currently involved in platting the site for a newly constructed City Hall
in accordance with the goals, policies and objectives stated in the City's Comprehensive Plan and City
Code;and
WHEREAS, the new City Hall site is of substantial public importance to the City and its
citizens; and
WHEREAS, the City of Cape Canaveral desires to cease using a portion of Polk Avenue for
vehicular traffic and desires instead to utilize such property for other City purposes including but not
limited to pedestrian access; and
WHEREAS, under Florida law, when a street is lawfully vacated, title to the area vacated vests
in the adjoining property owners; See Smith v.Horn,70 So.435 (1915);and
WHEREAS, the City of Cape Canaveral is the only adjoining property owner on both sides of
the portion of the Polk Avenue right-of-way to be vacated; and
WHEREAS, the City does not need the vacated right-of-way to provide connectivity of
roadways or to handle anticipated traffic,but requires the property for other City purposes;and
WHEREAS, the City Council of the City of Cape Canaveral finds that this Resolution is in the
best interests of the public health,safety, and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL,FLORIDA:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully
incorporated by this reference.
Section 2. Vacation of Right-of-Way Authorized. The City Council hereby authorizes the
vacation of the portion of Polk Avenue Right-of-Way, which is legally depicted and described in Exhibit
"A,"attached hereto and fully incorporated herein by this reference. Said vacation shall lawfully result in
the City retaining all interest in said vacated right-of-way,as the only adjoining property owner.
City of Cape Canaveral
Resolution No.2015-10
Page 1 of 2
1
i
,
i;9
9
t
33
3
Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction,such portion shall be deemed a separate,distinct and independent provision and such holding
shall not affect the validity of the remaining portion hereto.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Council, or parts of prior resolutions in conflict herewith, are hereby repealed to the
extent of the conflict.
Section 5. Effective Date and Legal Status if Challenged. This Resolution shall become
effective immediately upon adoption by the City Council of the City of Canaveral. However, if any
I interested party challenges this vacation of right-of-way or attempts to claim a reversionary interest in the
subject property because of this Resolution and prevails on such challenge or claim, this Resolution shall
automatically be deemed void ab initio without further action of the City Council and shall have no force
1 or legal effect. If deemed void ab initio,the subject property shall remain City right-of-way.
' RESOLVED by the City Council of the City of Cape Canaveral Florida in a regular meeting
assembled on Jhe 1 g ti lay ofAugus t:,2015.
i
CITY OF CAPE CANAVERAL
Z
Z 6.1 .0 CV C. .4GLO‘Q 42.)4
Rocky Randels,t Iayor
I ATTEST:
Ang a Apperson, i Clerk
r' FOR AGAINST
J ,, j
u� SE. A L
., .� John Bond X
1 _ .j/ ., %; Bob Hoog Second
, 4, ..•a ,� �. Buzz Petsos Motion
�
C Qi
Rocky Randels X
Betty Walsh X
' Appro�s as ,i form and legal sufficiency for the
City P ' . • Jo.veral only:
I 111/
Anthony A. Garganese,City Attorney
City of Cape Canaveral
Resolution No.2015-10
Page 2 of 2
1
,
Exhibit "A" to Resolution No. 2015-10
SKETCH TO ACCOMPANY DESCRIPTION
NOT A BOUNDARY SURVEY
A PORTION OF POLK AVENUE TO BE VACATED
AVON-BY-THE SEA
PLAT BOOK 3, PAGE 7
BLOCK 41
POINT OF BEGINNING
SOUTHWEST CORNER OF BLOCK 41
N87'48'25"E 107.50' _ _ _
SOUTH LINE OF BLOCK 41
Q o Q •3A PORTION OF POLK AVENUE
[] o REMAINDER OF
Q SUBJECT PARCEL (A)
OLK AVENUE
O & rce . pCONTAINING 4,078 SQUARE FEET OR 0.09 ACRES t (48' RIGHT OF WAY)
0w No N� � b
to oZ NORTH LINE OF BLOCK 461 V S8748.25*Vi 73.55'
NORTHWEST CORNER OF BLOCK 46
f
a
AVON-BY-THE SEA �1
PLAT BOOK 3, PAGE 7 1^^V
BLOCK 46
G'
a
/
LINE TABLE
III
i EXHIBIT "A" LINE BEARING LENGTH 0 5 10 20
L1 SO4'26'13"E 1.51' GRAPHIC SCALE
SHEET I OF 2
O
71
1 LLEN CURVE TABLE
1 ngineering, Inc. CURVE RADIUS DELTA ANGLE LENGTH CHORD CHORD BEARING
3 SURVEYORS - ENGINEERS C 1 20.00' 50'51'11" 17.75' 17.17' S42'59'02"W
3 106 DIXIE LANE C2 35.00' 72'50'50" 44.50' 41.56' S31'59'12"W
N COCOA BEACH, FLORIDA 32931
6 TELEPHONE: (321)783-7443 - FAX: (321)783-5902
S WEBSITE: www.alleneng.net - EMAIL: info@alleneng.net
N 3 SEE SHEET 2 FOR DESCRIPTION,
2. SURVEYOR'S CERTIFICATION & NOTES
1, PREPARED AND CERTIFIED FOR:
0
DATE: 6-08-15 DRAWN BY: DJG CITY OF CAPE CANAVERAL
JOB NO. 150037 SCALE: 1"=20'
Exhibit "A" to Resolution No. 2015-10
DESCRIPTION
NOT A BOUNDARY SURVEY
A PORTION OF POLK AVENUE TO BE VACATED
DESCRIPTION OF EASEMENT:
A portion of the right of way of Polk Avenue lying between Blocks 41 and 46 of AVON BY THE SEA according to the
plat thereof recorded in Plot Book 3, Page 7, said land is lying within Section 23, Township 24 South, Range 37 East,
Brevard County, Florida, being more particularly described as follows:
Begin at the Southwest corner of said Block 41; thence N87'48'25"E, along the South line of said Block 41, a distance
of 107.50 feet, to o point of intersection with a non-tangent curve, concave Northwesterly, having a radius of 20.00
feet and a central angle of 50'51'11"; thence leaving the South line of said Block 41, Southwesterly, along the arc of
said curve to the right, a distance of 17.75 feet (said orc subtended by o chord bearing S42'59'02"W, a distance of
17.17 feet), to a point of reverse curvature with a curve, concave Southeasterly, having a radius of 35.00 feet and a
central angle of 72'50'50"; thence Southwesterly, along the arc of said curve to the left, a distance of 44.50 feet, to a
point of tangency; thence SO4'26'13"E, a distance of 1.51 feet, to the North line of said Block 46; thence S87'48'25"W,
along said North line, a distance of 73.55 feet, to the Northwest corner of said Block 46; thence N00'22'38"W, a
distance of 48.02 feet, to the POINT OF BEGINNING; Containing 4,078 square feet or 0.09 acres, more or less.
SURVEYOR'S NOTES:
1. THIS IS NOT A SURVEY.
2. The bearings shown hereon ore based on a bearing of N87'48'25"E, along the South line of Block 41.
3. 0 = Denotes change in direction (no corner found or set).
f
O
SEE SHEET I FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION
b
SURVEYOR'S CERTIFICATION:
„ „ I hereby certify that the attached Property Description was prepared
S EXHIBIT A under my direction, in accordance with all applicable requirements of
rg SHEET 2 OF 2 the "Minimum Technical Standards," for land surveying in the State of
Florida, described in Chapter 5J-17, Florida Administrative Code,
pursuant to Chapter 472.027, Florida Stotutes
LLE\ �, f: (,
ALL. �`�) .a, .�ye, free:
ngineering, Inc. , •-
V 1". SURVEYORS - ENGINEERS ' 'l '�,
9 106 DIXIE LANE ',i +
COCOA BEACH, FLORIDA 32931 Not valid without the BY_ _ ,///➢➢➢ _
TELEPHONE: (321)783-7443 - FAX: (321)783-5902 signature and the original •OBE>. •L'MOM1'
WEBSITE: www.alleneng.net - EMAIL: info®alleneng.net raised seal of a Florida Profes`sl• 0 5y1-,veyor & Mapper
licensed surveyor and mapper. Florida ei4�tration No. 4262
3.
rn
2. PREPARED AND CERTIFIED FOR:
1. CITY OF CAPE CANAVERAL
tys
Ln JOB NO. 150037 DATE: 6-08-15