HomeMy WebLinkAboutcocc_resolution_no_2020-06_20200421 recordedRESOLUTION NO. 2020-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA; VACATING A PORTION OF AN
EXISTING UTILITY EASEMENT EXISTING ON LOT 1, KEY SHORE,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 31, PAGE 33 OF THE PUBLIC RECORDS OF BREVARD
COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED
HEREIN WITHIN THE CITY OF CAPE CANAVERAL; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
RECORDING, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral has been asked to consider
vacating a portion of an existing utility easement on Lot 1, Key Shore, according to the Plat thereof
as recorded in Plat Book 31, Page 33 of the Public Records of Brevard County, Florida, as more
particularly described in the legal description and sketch prepared by Kugelmann Land Surveying,
Inc., dated February 10, 2020, which is attached hereto and fully incorporated herein as
Exhibit "A";
WHEREAS, this Resolution was adopted pursuant to the Florida Municipal Home Rule
Powers Act; and
WHEREAS, based on an evaluation of City Staff, the City of Cape Canaveral and other
public utilities do not currently use, nor have any plans to use, the portion of said existing
easement for utilities purposes; and
WHEREAS, to the best of the City's knowledge, no other public utilities are currently
utilizing the area subject to this vacation for public utilities purposes; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds
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, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
this reference as legislative findings of the City Council of Cape Canaveral.
Section 2. Vacation of Portion of Existing Easement. The City Council of the City
of Cape Canaveral hereby vacates a portion of an existing utility easement on Lot 1, Key Shore,
according to the Plat thereof as recorded in Plat Book 31, Page 33 of the Public Records of Brevard
County, Florida, as more particularly described and depicted in the legal description and sketch
City of Cape Canaveral
Resolution No. 2020-06
Page 1 of 2
CFN 2020092861. OR BK 8727 PAGE 453.
Recorded 04/27/2020 at 02:21 PM, Scott Ellis, Clerk of
Courts, Brevard County
# Pgs:4
prepared by Kugelmann Land Surveying, Inc., dated February 10, 2020, which is attached hereto
and fully incorporated herein as Exhibit "A". This vacation of easement rights shall not effect
in any way whatsoever the remaining property covered by said utility easement, which shall
remain subject to the utility easement and which shall remain in full force and effect until
expressly vacated by the City of Cape Canaveral by a legal instrument duly approved by the City
Council and recorded in the Official Public Records of Brevard County, Florida.
Section 3. City Clerk to Record. Following adoption of this Resolution, this
Resolution shall be recorded by the City Clerk in the Official Records for Brevard County, Florida.
Section 4. Repeal of Prior Inconsistent Resolutions. All other prior inconsistent
resolutions adopted by the City Council are hereby repealed.
Section 5. Severability. If any section, clause, phrase, word, or provision is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, whether for
substantive or procedural reasons, 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 6. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida, and recorded pursuant to
Section 3 of this Resolution.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 21 st day of April, 2020.
ATTEST:
Mia Goforth, CMC
City Clerk
Approved as to legal form and sufficiency
for the of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
Bob Hoog, Mayor
For Against
Mike Brown Motion
Robert Hoog X
Mickie Kellum Second
Wes Morrison X
Angela Raymond X
City of Cape Canaveral
Resolution No. 2020-06
Page 2 of 2
SEAL of Cape Canaveral, Florida
LEGAL DESCRIPTION
SECTION 14. TOWNSHIP 24 SOUTH. RANGE 37 EAST.
PARENT PARCEL ID NUMBER: 24-37-14-62-1E-1
PURPOSE OF SURVEY: VACATE EASEMENT
LEGAL DESCRIPTION: BY SURVEYOR
RESOLUTION NO. 2020-06
EXHIBIT"A"
SHEET 1 OF 2
NOT VALID WITHOUT THE
SKETCH OF SHEET 2 OF 2
A PORTION OF LOT 1. KEY SHORE. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31.
PAGE 33 OF THE PUBLIC RECORDS OF BREVARD COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 1: THENCE 590°00'00"W ALONG THE SOUTH LINE
OF SAID LOT 1. A DISTANCE OF 13.32 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE
S90°00'00"W ALONG SAID SOUTH LINE. A DISTANCE OF 12.00 FEET TO THE WEST LINE OF THE
UTILITY EASEMENT: THENCE NOO°10'21"W ALONG THE SAID WEST LINE. A DISTANCE OF 22.00 FEET:
THENCE N90°00'00"E. A DISTANCE OF 12.00 FEET: THENCE SOO°10'21"E, A DISTANCE OF 22.00 FEET
TO THE POINT OF BEGINNING.
CONTAINING 264 SQUARE FEET MORE OR LESS AND SUBJECT TO ANY EASEMENTS AND/OR RIGHTS OF WAY.
SURVEYOR'S NOTES:
1. THIS IS NOT A BOUNDARY SURVEY.
2. BEARINGS DEPICTED HEREON ARE PLAT BEARINGS AND ARE BASED ON THE SOUTH LINE OF
LOT 1, KEY SHORE. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31,
PAGE 33 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA.
3. THIS DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH.
4. SKETCH DOES NOT WARRENT TITLE.
5. THIS SKETCH WAS PREPARED FOR THE EXCLUSIVE USE OF THE CLIENT (S) SHOwN HEREON: COPIES
ARE VALID ONLY WHEN SIGNED. DATED AND EMBROSSED WITH THE SURVEYOR'S SEAL.
MAP OF LEGAL
CITY OFCAPE CANAVERAL. FLORIDA ?PC'
FOR AND CERTIFIED TO: Z C'/2.0 2-11
DRAWN BY: DJK
DAVIQ)J UKUGELM4SNN. PLS-O. 5117
NOT-14tI2 UNLESS SIGNED AND SEALED
KUGELMANN LAND SURVEYING, IIEIi "1
30 NORTH TROPICAL TRAIL. SUITE B
MERRITT ISLAND. FLORIDA 32953
L.B. NO. 6575 - PHONE (321) 459-0930
CHECKED BY: KKW
DRAWING NO.
2020012VACATE.DGN
SECTION 14
TOWNSHIP 24 SOUTH
DATE: 2/08/2020
SHEET 1 OF 2 REVISIONS
RANGE 37 EAST
SKETCH OF DESCRIPTION
SECTION 14. TOWNSHIP 24 SOUTH. RANGE 37 EAST.
PARENT PARCEL ID NUMBER: 24-37-14-62-4I-1
PURPOSE OF SURVEY: VACATE EASEMENT
DELTA: 61°01'10"
RADIUS: 67.28'
ARC: 71.65'
CHANDLER STREET
SHEET 2 OF 2
NOT VALID WITHOUT THE LEGAL
DESCRIPTION ON SHEET 1 OF 2
N90°00'00"E 41.67' DELTA: 88°52'06"
RADIUS: 25.00'
ARC: 38.78'
LOT 1. KEY SHORE
WEST LINE OF
UTILITY EASEMENT
N90.00"E
N00.10'21"W
22.00
VACATED
PORTION
OF ESMT
264
SQ FT
S00.10'21"E
EASEMENT
S01.07'54"E
16.66'
N28.58'47"E
7.40'
LOT 1. KEY SHORE
SOUTH LINE OF LOT 1
N90°00'00"E
12.00'
POINT-OF-
COMMENCEMENT
SE CORNER OF
LOT 1
S90° 00' 00 "'W
12.00'
POINT -OF -BEGINNING
LOT 2, KEY SHORE
S90°00'00"W
13.32'
UTILITY
POINT -OF -
COMMENCEMENT
SE CORNER OF
LOT 1
ROSALIND
ABBREVIATIONS:
ESMT EASEMENT
SQ SQUARE
FT FEET
GRAPHIC SCALE
20
( IN FEET )
1 INCH . 40 FEET
SECTION 14 TOWNSHIP 24 SOUTH, RANGE 37 RANGE EAST
PROJECT NO. 2020012
PREPARED BY: DAVID J. KUGELMANN. PLS
SECTION 14 TOWNSHIP 24 SOUTH. RANGE 37 EAST