HomeMy WebLinkAboutResolution No. 2017-04 RESOLUTION NO. 2017-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AUTHORIZING AN ADDITIONAL EXTENSION OF TIME
FOR THE PROPERTY OWNERS (BAUGHER AND
LAGGES) TO DELIVER TO THE CITY THE UNITY OF
TITLE AGREEMENTS IN EXECUTED AND RECORDABLE
FORM IN ACCORDANCE WITH RESOLUTION NO. 2016-
03; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS,pursuant to Resolution No. 2016-03, the City Council authorized a lot split
of real property subject to several terms and conditions; and
WHEREAS,one of the conditions requires that the affected real property owners(Baugher
and Lagges) deliver to the City executed Unity of Title Agreements in recordable form within 90
days of the effective date of Resolution No. 2016-03; and
WHEREAS,the City Council adopted Resolution No.2016-10 and 2016-16 extending the
delivery date of the Agreements. However, the applicants did not complete the conveyance of the
subject properties until after the deadline imposed by the City to deliver the Agreements; and
WHEREAS, the City has recently been provided a copy of the recorded Warranty Deeds
executed by Baugher and Lagges, on or about November 22, 2016, to effectuate the lot split
authorized under Resolution No. 2016-03; and
WHEREAS, the property owners have requested additional time to deliver the Unity of
Title Agreements; and
WHEREAS,the City Council desires to grant the request for additional time in accordance
with the terms and conditions of this Resolution; 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 DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully
incorporated by this reference.
City of Cape Canaveral
Resolution No.2017-04
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Section 2. Extension of Time to Deliver the Unity of Title Agreements.
(a) The City Council hereby grants an extension of time for Baugher and Lagges to
deliver the Unity of Title Agreements required by Resolution No. 2016-03 no later than April 30,
2017. If the Unity of Title Agreements are not delivered to the City in executed and recordable
form by the end of the extension period, Resolution No. 2016-03 shall automatically be deemed
null and void.
(b) All other terms and conditions set forth in Resolution No. 2016-03 not modified by
this Resolution shall remain in full force and effect.
Section 3. 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 4. Severability.If any section, subsection,sentence,clause,phrase,word or provision
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction,whether for substantive,procedural,or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Resolution.
Section 5. Effective Date.This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21st day of
March, 2017.
ATTEST: (City Seal) Bob Hoog, Mayor
Name FOR AGAINST
Mia Goforth, CMC, Mike Brown x
City Clerk
Bob Hoog x
Brendan McMillin Second
Approved as to legal form and sufficiency Rocky Randels x
for the City of Cape Canaveral only: Betty Walsh x
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2017-04
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