HomeMy WebLinkAboutcocc_resolution_no_2019-26_20191217_recordedRESOLUTION NO. 2019-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR THE
DIVISION OF A PARCEL OF LAND OWNED BY WAVE
DEVELOPMENTS, LLC AND LOCATED AT 8801
ASTRONAUT BOULEVARD, CAPE CANAVERAL,
FLORIDA (EXISTING PARCEL ID. 24-37-15-00-817) INTO
TWO (2) LOTS OF RECORD FOR DEVELOPMENT
PURPOSES SUBJECT TO AN EXISTING DEVELOPMENT
AGREEMENT RECORDED IN OFFICIAL RECORD BOOK
8542, PAGE 727 OF THE PUBLIC RECORDS OF BREVARD
COUNTY, FLORIDA; 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, Section 98-66 of the City Code allows an owner of a single parcel of land of
sufficient size that satisfies zoning bulk regulations to divide the parcel of land once to create an
additional parcel of land; and
WHEREAS, Section 98-66 of the City Code authorizes the City Council to approve such
division, generally referred to as a "lot split," by resolution, and sets forth the prerequisites and
application process for lot splits; and
WHEREAS, Wave Developments, LLC (hereinafter "Owner") is the owner of certain real
property located at 8801 Astronaut Boulevard, Cape Canaveral, Florida, more particularly
depicted and legally described herein ("Property"); and
WHEREAS, the Property is subject to a Development Agreement previously entered into
by and between Wave Developments, LLC and the City, recorded in Official Record Book 8542,
Page 727 of the Public Records of Brevard County, Florida, under which the Owner has agreed to
construct a multi -phased, tourist related Port of Call Facility on the Property; and
WHEREAS, as contemplated by Section 5(H)(d) of the Development Agreement, Owner
has petitioned the City, pursuant to Section 98-66 of the City Code, to divide said property into
two (2) separate lots, and develop the two lots as one unified and harmonious project compatible
in design, appearance and use with each other; and
WHEREAS, said lots are more particularly depicted and legally described herein; and
:CFN 2020008760, OR BK 8636 PAGE 1658,
City of Cape Canaveral 'Recorded 01/13/2020 at 04:28 PM, Scott Ellis, Clerk of
Resolution No. 2019-26 ,Courts, Brevard County
# Pgs:13
Page 1 of 3
WHEREAS, at its public meeting on December 4, 2019, the City's Planning & Zoning
Board considered the Owner's Application for a Lot Split and recommended approval to the City
Council; and
WHEREAS, the City Council finds that Owner has satisfied all of the requirements for
lot splits set forth in section 98-66 of the City Code; 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, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA HEREBY RESOLVES, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully
incorporated by this reference.
Section 2. Approval and Condition of Lot Split.
(a) Subject to the condition stated below, the City Council hereby approves, pursuant
to section 98-66 of the City Code, the division of the real property located at 8801 Astronaut
Boulevard (Parcel Id.: 24-37-15-00-817), and legally described in "Exhibit A," attached hereto
and fully incorporated herein by this reference, into two (2) separate lots. Said separate lots are
referred to as Parcels "A" and "B" and more particularly depicted and legally described on
"Exhibit B" as respectively containing 3.106 acres and 1.894 acres, more or less.
(c) Upon recordation of this Resolution in the Official Public Records of Brevard
County, Florida, said lots shall each be deemed a lot of record for development purposes pursuant
to applicable law.
(d) The Lot Split approved hereunder by the City Council shall be conditioned upon
and subject to the Declaration of Covenants which has been accepted and relied upon by the City
Council in conjunction with the approval of this Resolution. A copy of the Declaration of
Covenant, in substantial form, is attached hereto and incorporated herein as Exhibit "C." A
complete original of the Declaration of Covenants shall be executed by the Owner and the City
and recorded separately from this Resolution in the Official Records of Brevard County, Florida.
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
City of Cape Canaveral
Resolution No. 2019-26
Page 2 of 3
separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Resolution.
Section 5. Instructions to Staff. Pursuant to section 98-66 of the City Code, the City Clerk
is hereby directed to record this Resolution in the Official Public Records of Brevard County,
Florida in conjunction with or at such time a fully executed and recordable Declaration of
Easements has been delivered to the City by the Owner.
Section 6. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral. However, the Resolution shall not
be binding upon the Property until recorded by the City in accordance with the requirements of
this Resolution.
ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, this 17th day of December 2019.
ATTEST:
�Oa %'n
Mia'Goforth, CMC
City Clerk
Approved as to legal form and sufficiency
For the ty of Cape Canaveral only by:
ny A' arganese, City Attorney
Bob Hoog, Mayor
Name FOR
Mike Brown x
Bob Hoog x
Mickie Kellum Motion
Wes Morrison Second
Angela Raymond x
City of Cape Canaveral
Resolution No. 2019-26
Page 3 of 3
AGAINST
Prepared by and return to:
Mitchell S. Goldman, Esquire
96 Willard Street, Suite 302
Cocoa, FL 32922
CFN 2020009844, OR BK 8637 PAGE 2104,
Recorded 01/14/2020 at 04:18 PM, Scott Ellis, Clerk of
Courts, Brevard County
# Pgs:10
DECLARATION OF COVENANTS
THIS DECLARATION OF COVENANTS is made this a. day of aC
20 / ! , by Wave Developments LLC, a Florida limited liability company ("Wave").
WHEREAS, Wave owns that certain real property described in Exhibit "A" attached hereto
("Parent Parcel"); and,
WHEREAS, Wave wants to split out and separate a portion of the Parent Parcel as
described in Exhibit "B" attached hereto ("Split -Out Parcel"); and,
WHEREAS, Wave will own the real estate described in Exhibit "C" once the Split -Out
Parcel is recorded ("Remaining Parcel"); and
WHEREAS, the City of Cape Canaveral ("City") will not permit the proposed lot split
absent certain assurances from Wave as set forth herein;
WHEREAS, this Declaration of Covenants is being recorded in accordance with the
requirements of Section 5.H. of the Port of Call Facility Development Agreement between Wave
and the City, which is dated November 17, 2019 and recorded at Brevard County Official Records
Book 8542, page 727 ("Development Agreement"); and
NOW THEREFORE, for good and valuable consideration, Wave declares as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. As a condition of the proposed split out and development of the Split -Out Parcel,
the City will require that Wave comply with all applicable building and zoning requirements. In
addition, as to both the Split -Out Parcel and Remaining Parcel, Wave hereby grants each respective
Parcel a blanket easement over the other for purposes of: (a) legally adequate parking for the Split -
Out Parcel and Remaining Parcel; (b) legally adequate drainage, stormwater, and utility easements
and agreements servicing the Split -Out Parcel and Remaining Parcel; and, (c) legally adequate
access to and from the Split -Out Parcel and the Remaining Parcel.
3. These covenants shall run with the land forever, and are not subject to the doctrine
of merger because Wave owns both the Split -Out Parcel and Remaining Parcel. However, should
Wave decide not to proceed with recording the Split -Out Parcel, it may terminate this Declaration.
Dated this 23 day of
December, 2019
Witnesses: Wave Developments LLC
By:
Oshri Gal, Member
Print Name:
Valerie Johnson
Print Name:
Sandra Rivera
STATE OF FLORIDA
COUNTY OF BREVARD
NOTARY PUBLIC
STATE OF FLORIDA
DIANA VALERIA RODRIGUEZ
MY COMMISSION # GG 129913
EXPIRES: Juty 31, 2021
Bonded Thru Notary Public Underwriters
The foregoing instrument was acknowledged before me this 23 day of
December, 2019 , by Oshri Gal, as Member of Wave Developments LLC.
Diana Rodriguez
Notary Public
Personally Known or Produced Identification ❑
Pursuant to the terms and conditions of Section 5.H. of the Development Agreement,
this Declaration of Covenants is hereby accepted and relied upon by the City of Cape Canaveral
as a condition of the aforementioned split out and development of the split -out parcel.
Todd Morley, Interim City Manager
Resolution No. 2019-26
Exhibit "A"
LEGAL DESCRIPTION 1
PER OFFICIAL RECORDS BOOK 5305, PAGE 1165, PUBUC RECORDS OF BREVARD COUNTY, FLORIDA
A PARCEL OF LAND SITUATE IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST. THE CRY OF
CAPE CANAVERAL BREVARD COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE INTERSECTION OF THE NORTH UNE OF THE SOUTH 3316.80 FEET OF SAID
SECTION 15 AND THE WEST RIGHT-OF-WAY UNE OF STATE ROAD AAA, A 100.00 FOOT
RIGHT-OF-WAY; THENCE S. 3722'24' E., ALONG SAID WEST RIGHT-OF-WAY UNE, FOR A DISTANCE
Of 1255.12 FEET .TO THE POINT OF BEGINNING; THENCE CONTINUE S. 3T22'24'E.. FOR A DISTANCE
0f 452.06 FEET TO THE A POINT OF CURVATURE OF A CURVE. CONCAVE WESTERLY. HAVING A RADIUS
OF -25.00 FEET; THENCE SOUTHEASTERLY AND SOUTHWESTERLY. ALONG THE ARC OF SAID CURVE ANO
THE NORTHERLY RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD, UNDEDICATED, HAWING A WIDTH OF
100.00 FEET, THRU A CENTRAL ANGLE OF 100'0012'. FOR A DISTANCE OF 43.83 FEET; THD7 ICE
CONTINUE ALONG- SAX CENTRAL BOULEVARD RIGHT-OF-WAY, 5. 6217 48- W., FOR A DISTANCE OF
336.52 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE NORTHERLY. HAVING A RADIUS OF
561.05 FEET; THENCE SOUTHWESTERLY, AL0N0 THE. ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF
14•57.08'. FOR A DISTANCE OF 146.42 FEET; THENCE N. 3712'24" W.. FORA DISTANCE OF 374.37
FEET; THENCE N. 52'37'38' E., FOR A DISTANCE OF 500.00 FEET TO THE POINT OF BEGINNING.
Resolution No. 2019-26
COMPOSITE EXHIBIT "B"
4 PAGES
Legal Descriptions for Parcel A and Parcel B
GRAPHIC SCALE
o so: too
(PI FEET)
INCH =100 FEET
SECTION 15
TOWNSHIP 24 SOUTH
RANGE 37 EAST
BREVARD COUNTY, FLORIDA
SKETCH OF LEGAL D..ESCRIPTION
PARCEL A EXHLBJT "A" POINT OF
PUBLIC RECORDS NOTE:
ALL OF THE REC3RCING INFORMATION CONTAINED
HEREIN REFERS TO THE PUBUC RECORDS OF
BREVARD COUNTY, FLORIDA, UNLESS OTHERWISE
INDICATED. ANY REFERENCE HEREN TO A BOOK
AND PAGE OR INS IHUMLN I NUMI9LK IS A
REFERF.Nt( TO 1HF OFFlf3AI RFC:ORD ROOKS OF
SAID COUNTY, UNLESS INDICATED TO THE
CONTRARY.
SPIRIT REALTY LP
8959 ASTRONAUT BLVD.
24-37-15-00-25
ORB 8404, PG. 338
NOT PLATTED
Lt ;`NU:..
ESMT. = EASEMENT (0)
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24-37-15-01—•-1
ASTRONAUT BLVD.
RACETRAC PETROLEUM LOT 1,
PLAT BOOK 82, PAGE 13
N5737 36"E 500.00' (D)
POINT OF BEGINNING
NE CORNER OF ORB, 5305, PO. 1185
PARCEL "A"
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LEGAL DESCRIPTION:
A PARCEL OF LAND LYING WITHIN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE NORTH UNE OF THE SOUTH 3316.80 FEET OF SECTION 15 WITH THE
SOUTHWESIEFLY RIGHT-OF-WAY OF STATE ROAD MA, A PUBLIC ROAD RIGHT-OF-WAY 100 FEET IN WIDTH, SAID ROAD
ALSO KNOWN AS ASTRONAUT BOULEVARD, AND RUN 53722'24*E ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY OF A
DISTANCE OF 1255.12 FEET, TO THE NOMFAST CORNER OF OFFICIAL RECORDS BOOK 5305, PAGE 1185, PUBLIC
RECORDS OF BREVARD COUNTY, FLORIDA, SAID POINT ALSO. BEING THE POINT OF BEGINNING.
'THENCE CONTINUE 53722124E ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY OF ASTRONAUT BOULEVARD A DISTANCE OF
234.02 FEET: THENCE DEPARTING SAID SOUTHWESTERLY RIGHT-OF-WAY, RUN S52'371361'W A DISTANCE OF 3E17.00 FEET;
THENCE S3722'24'E A DISTANCE OF 178.92 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY OF_CENTRAL BOULEVARD, A
100' EASEMENT PER OFFICIAL RECORDS BOOK 2497, PAGE 2391, PUBLIC RECORDS OF BREVARD ,COUNTY, FLORIDA; 'SAID
POINT ALSO BEING ON THE ARC OF A CURVE CONCAVE NORTHWESTERLY, 'HAVING A RADIUS OF 561.05 FEET, A CENTRAL
ANGLE OF 1213'02'1, AND A RADIAL BEARING OF N24'38106•W; THENCE FROM A TANGENT BEARING OF S6511154V, RUN
ALONG THE NORTHWEs i ENLY RIGHT-OF-WAY OF CENTRAL BOULEVARD AND THE ARC OF SAID CURVE A DISTANCE OF
119.63 FEET: THENCE DEPARTING SAID NORTHWESTERLY RIGHT-OF-WAY OF CENTRAL BOULEVARD, RUN N3712'24"W A
DISTANCE OF 374.37 FEET; THENCE N52'37136T A DISTANCE OF 500.00 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY OF
ASTRONAUT -BOULEVARD, SAID 'POINT ALSO BEING THE POINT OF BEGINNING.
CONTAINING: 135,305.09 SQUARE FEET, OR 3.106 ACRES, MORE OR LESS
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INCH =100 FEET
SECTION 15
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RANGE37 EAST
BREVARD COUNTY, FLORIDA
SKETCH• OF LEGAL DESCRIPTION
PARCEL B EXHIBIT "At' POINT OF
PUBLIC RECORDS NOTE:
All OF THE RECORDING INFORMATION CONTAINED
HEREIN REFERS TO THE PUBIJC RECORDS CF
BREVARD COUNTY, FLORIDA, UNLESS OTHERWISE
INDICATED. ANY REFERENCE HEREIN TO A BOOK
AND PAGE CR INSTRUMENT NUMBER IS A
REFERENCE TO THE OFFICIAL RECORD BOOKS OF
SAID COUNTY, UNLESS INDICATED TO THE
CONTRARY.
SPIRIT REALTY LP
8959 ASTRONAUT BLVD.
24-37-15-00-25
ORB 8404, PG. 336
NOT PLATTED
COMMENCEMENT
N. UNE OF THE
S. 3318.80 FEET
OF SECTION 15
do W. R/W OF SR Al A
RACETRAC PETROLEUM INC.
8899 ASTRONAUT BLVD.
24-37-15-01—*-1
ASTRONAUT BLVD.
RACETRAC PETROLEUM LOT 1,
PLAT BOOK 62, PAGE 13
N52'37'36"E 500:00' (D) NE :CORNER OFY.
-
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PARCEL B EXHIBIT "A"
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING WITHIN SECTION 15, TOWNSHIP 24 SOUTH. RANGE 37 EAST, BREVARD COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE NORTH"LINE OF TTIE SOUTH, 3316.80. FEET OF -SECTION 15 -WITH THE
totrimEsTpoi Rjp4T-OF;-WAY .oF ASTRONAUT BOULEVARD, A PUBLIC ROAD RlpfrT7-..-WAY- 1pP FEET IN WIDTH; SAID
ROAD ;ALSO kN0WN AS STATE ROAD MA. AND RUN S3722!.2411E- ALONG SAID SOUTHWESTERLY 'RIGHT -OF --WAY, A DISTANCE
01' 1256.12.. FEET, TO THE '.NORTHEASTCORNER OF 0FFICIALREpoRns BCK/K 5.305,:.PAGE1185. PUBLIC RECORDS OF
BREVARD .COUNTY, FLORIDA; :THENCE CONTINUE- S372214!E -ALONG 'SAID SOUTHWESTERLY RIGHT—OF—WAY :OF :ASTRONAUT
BouLEvAfip A ()STANCE OF 234c02 •FEET, TO -THE Tpuir OF BEGINNING.
THENCE CONTINUE S3722!:2411E ALONG SAID SOUTHWESTERLY RIGHT—OF—WAY.OF ASTRONAUT BOULP/ARD A DISTANOE OF
.211104 FEET; TO THE POINT. pF CURVATURE ,OF- THE- ARC. OF A.C.IJRW' CONCAVE WrrNwEsTERLX, HAVING A RADIUS OF
.25.00 FEET, AND . A CENTRAL ANGLE 1-00001127; THENCE RUN ALONG THE ARC OF SAID CURVE 'A LENGTH OF 4163
FEET TO THE POINT OF TANGENCY OF ,SAID CURVE, SAID POINT ALSO LYING ON :THE NORTHWESTERLY RIGHT4OFWAY .OF
.CENTRAL BOULEVARD, AN EASEMENT .ipo FEET IN WIDTH PER oF9pLia. RECORDS BOOK 2497, PAGE 2391. PUBLIC
-RECORDS pr BREVARD COUNTY. FLORIDA, THENCE kuNI:S63!3714",,A DISTANCE OF 336.52 FEET. TO THE POINT OF
CURVATURE; THENCE .RUN S6737'48'W ALONG: THE NORTHWESTERLY RIGHT—OF—WAY OF CENTRAL BOULEVARD A DISTANCE
OF 336.52 FEET TO THE POINT OF CURVATURE OF AN ARC; CONCAVE N0RTHWE.41 HAVING A RADIUS ! pr 56.1,05 FEET,
AND A CENTRAL ANGLE OF 2'.44.196"; THENCE RUN ,ALONG THE ARC OF SAID CURVE , A LENGTH OF '.21318. FEET; THENCE
PEORyTINO, SAID NORTHWESTERLY IRIGHT.OF—WAY .CENTRAL. BOULEVARD, RUN 'N3722'24,11W-.:A DISTANCE. OF 178.92 FEET;
"THENCE N52'37'361.1E A DISTANCE OF ,360.00 FEET TO THE SOUTHWESTERLY RicHr.--,pFWAY OF As-1Rom/v[1T BOULEVARD,
sg? POINT ALSO: BEING THE POINT OF BEGINNING.:
CONTAINING: 82497.44 SQUARE FEET, OR 1.894 ACRES, MORE OR LESS.
LEGEND:. SHEET
EASEMENT (D) = DEED. VALUES PER,
ORB = OFFICIAL RECORDS ;OFFIC . REOORDS•
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WAVE DEVELOPIWENTS LLC
EXHIBIT "A% :SKETCH OF LEGAL. DESCRIPTION ONLY.
- NOT A BOUNDARY'SURVEY,
Corigultirig Spgingqrq, Inc
504NlinihoreilYONii. Mellioinii,PL 32935
Mono(32)751-6058Fax.(321)731-6089-111;7040
Prepared by and return to:
Mitchell S. Goldman, Esquire
96 Willard Street, Suite 302
Cocoa, FL 32922
EXHIBIT "C"
DECLARATION OF COVENANTS
THIS DECLARATION OF COVENANTS is made this day of
20, by Wave Developments LLC, a Florida limited liability company ("Wave").
WHEREAS, Wave owns that certain real property described in Exhibit "A" attached hereto
("Parent Parcel"); and,
WHEREAS, Wave wants to split out and separate a portion of the Parent Parcel as
described in Exhibit "B" attached hereto ("Split -Out Parcel"); and,
WHEREAS, Wave will own the real estate described in Exhibit "C" once the Split -Out
Parcel is recorded ("Remaining Parcel"); and
WHEREAS, the City of Cape Canaveral ("City") will not permit the proposed lot split
absent certain assurances from Wave as set forth herein;
WHEREAS, this Declaration of Covenants is being recorded in accordance with the
requirements of Section S.H. of the Port of Ca11 Facility Development Agreement between Wave
and the City, which is dated November 17, 2019 and recorded at Brevard County Official Records
Book 8542, page 727 ("Development Agreement"); and
NOW THEREFORE, for good and valuable consideration, Wave declares as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. As a condition of the proposed split out and development of the Split -Out Parcel,
the City will require that Wave comply with all applicable building and zoning requirements. In
addition, as to both the Split -Out Parcel and Remaining Parcel, Wave hereby grants each respective
Parcel a blanket easement over the other for purposes of: (a) legally adequate parking for the Split -
Out Parcel and Remaining Parcel; (b) legally adequate drainage, stormwater, and utility easements
and agreements servicing the Split -Out Parcel and Remaining Parcel; and, (c) legally adequate
access to and from the Split -Out Parcel and the Remaining Parcel.
3. These covenants shall run with the land forever, and are not subject to the doctrine
of merger because Wave owns both the Split -Out Parcel and Remaining Parcel. However, should
Wave decide not to proceed with recording the Split -Out Parcel, it may terminate this Declaration.
Dated this day of , 20_
Witnesses: Wave Developments LLC
By:
Print Name: Oshri Gal, Member
Print Name:
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this day of
, 20, by Oshri Gal, as Member of Wave Developments LLC.
Notary Public
Personally Known o or Produced Identification o
Pursuant to the ternis and conditions of Section 5.H. of the Development Agreement,
this Declaration of Covenants is hereby accepted and relied upon by the City of Cape Canaveral
as a condition of the aforementioned split out and development of the split -out parcel.
Todd Morley, Interim City Manager