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HomeMy WebLinkAboutOrdinance No. 10-2010CFN 2010175182, OR BK 6239 PAGE 46, Recorded 09/102010 at 12:23 PM, Scott Ellis, Clerk of Courts, Brevard County # Pgs:3 ORDINANCE NO. 10 -2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ANNEXING ONE (1) PARCEL OF REAL PROPERTY CONTAINING .67 ACRES, MORE OR LESS, GENERALLY LOCATED AT 315 GRANT AVENUE, IN UNINCORPORATED BREVARD COUNTY, FLORIDA, AND LEGALLY DESCRIBED HEREIN, INTO THE MUNICIPAL BOUNDARIES OF CAPE CANAVERAL; PROVIDING FOR THE AMENDMENT OF CAPE CANAVERAL CHARTER; PROVIDING FOR THE FILING OF THE REVISED CAPE CANAVERAL CHARTER WITH THE DEPARTMENT OF STATE, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND 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, this is a voluntary annexation which shall be pursuant to the annexation procedures contained in section 171.044, Florida Statutes; and WHEREAS, the City Council has determined that the subject real property is reasonably compact and contiguous with the boundaries of the City of Cape Canaveral and will not create an enclave and otherwise satisfies the requirements for annexation; and WHEREAS, this annexation is in compliance and consistent with the goals and objectives of the City of Cape Canaveral Comprehensive Plan, City Charter, and City Code; and WHEREAS, upon adoption of this Ordinance, the municipal boundary lines of the City of Cape Canaveral, contained in the Cape Canaveral Charter, Article I, shall be redefined to include the subject real property; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral, Florida. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: City of Cape Canaveral Ordinance No. 10 -2010 Page 1 of 3 Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Annexation of Real Property. The City Council of the City of Cape Canaveral hereby annexes the following area of real property into the City of Cape Canaveral. Lots 1, 2, 3, and 4, Block 79, AVON BY THE SEA according to the plat thereof as recorded in Plat Book 3, Page 7 of the Public Records of Brevard County, Florida together with the East one -half of Vacated Orange Avenue lying West of and adjacent to said Lot 1, all lying within Section 23, Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as follows: Begin at the Northeast corner of said Block 79; thence S14 °05'36 "W, along the East line of said Block 79, a distance of 133.79 feet, to the Southeast corner of said Lot 4; thence N89 °45'55 "W, along the South line of said Lots 1 through 4 and the Westerly extension thereof, a distance of 212.22 feet, to a point on the centerline of Vacated Orange Avenue; thence N01 °43'50 "E, along the centerline of said Vacated Orange Avenue, a distance of 128.95 feet, to the Westerly extension of North line of said Block 79; thence S90 °00'00 "E, along said North line, a distance of 240.90 feet, to the POINT OF BEGINNING; Containing 29,309 square feet or 0.67 acres, more or less. [Brevard County Property Appraiser ID: 24- 37- 23 -CG- 00079.0- 0001.001 The real property shall be known as existing within the boundaries of the City of Cape Canaveral, Florida, from the effective date of this ordinance. Section 3. City Boundaries Redefined; Cape Canaveral Charter Amended. Pursuant to section 166.031(3), Florida Statutes, and section 171.091, Florida Statutes, the City of Cape Canaveral Charter, Article I, Section 2, shall hereby be amended to redefine the corporate boundaries of the City of Cape Canaveral to include the area of real property described in Section 2 of this Ordinance. The City Clerk shall file the revised Cape Canaveral Charter, Article I, Section 2, with the Department of State within thirty (30) days from the effective date of this Ordinance. The City Clerk shall also file this Ordinance with the Clerk of the Circuit Court of Brevard County, the Chief Administrator of Brevard County, and the Department of State within seven (7) days of the effective date. City of Cape Canaveral Ordinance No. 10 -2010 Page 2 of 3 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior r w inconsistent ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. N Section 5. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. Section 6. Effective Date. This Ordinance shall become effective upon adoption by the City Council of the City of Cape Canaveral, Florida. �. *ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the 7th day of September, 2010. ATTEST: ANGELA APPERSON, City Clerk Q © C)4 Q M. t �k ROCKY RANDE S, Mayor Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh For Against Second Motion X X X APPROVE AS TO LEGAL FORM AND SUFFICIENCY FOR C TY OF CAPE CANAVERAL ONLY. A HONY A. GARGANESE City Attorney First Reading: August 17, 2010 Second Reading: September 7, 2010 Effective Date: September 7, 2010 City of Cape Canaveral Ordinance No. 10 -2010 Page 3 of 3 FLORIDA DEPARTMENT 0 STATE CHARLIE CRIST STATE LIBRARY AND ARCHIVES OF FLORIDA Governor September 24, 2010 Ms. Angela M. Apperson, CMC City Clerk City of Cape Canaveral 105 Polk Avenue Post Office Box 326 Cape Canaveral, Florida 32920 -0326 Dear Ms. Apperson: DAWN K. ROBERTS Interim Secretary of State This will acknowledge receipt of your letter dated September 10, 2010 and certified copy of Ordinance No. 10 -2010, annexing property into the City of Cape Canaveral, which was filed in this office on September 22, 2010. Sincerely, & 7 Liz. Cloud Program Administrator LC /srd DIRECTOR'S OFFICE R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 850.245.6600 • FAX: 850. 245.6735 • TOD:850.922.4085 • http: / /dlis.dos.state.fl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894 CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282