HomeMy WebLinkAboutResolution 2008-03CFN 2008024863, o R B K 5843 Page 858,
Recorded 02/08/2008 at 04,01 PM, Scott Ellis, Clerk of
Courts, Brevard County
RESOLUTION NO, 2008 -03 # Pgs:6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
APPROVING A LOT SPLIT, AS A CONDITION OF SITE
PLAN APPROVAL, OF CERTAIN REAL PROPERTY
GENERALLY LOCATED ON THE WEST SIDE OF
HIGHWAY AlA AND COMMONLY REFERRED TO AS
"OUT PARCEL 2 "; RECOGNIZING THE PROPERTY AS A
SEPARATE AND DISTINCT LOT FOR DEVELOPMENT
PURPOSES ONLY; PROVIDING THAT ANY FURTHER
SUBDIVISION OF OUT PARCEL 2 BE IN COMPLIANCE
WITH ANY APPLICABLE LAW OR ORDINANCE;
LIMITING ACCESS TO AND FROM HIGHWAY AlA;
PROVIDING THAT THIS RESOLUTION SHALL BE
RECORDED IN THE PUBLIC RECORDS OF BREVARD
COUNTY AND SHALL RUN WITH THE LAND; 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, in 2004, Al A Acquisition Group, Ltd., L.L.P. ("Al A Acquisition ") acquired
two ( 2 ) contiguous parcels arcels of real property located in the City pursuant to warranty deeds recorded
in Brevard Count y Official Record Book 5288, Page 2196 and Book 5288, Page 2198 (collectively
"the Property "); and
WHEREAS, AlA Acquisition pursued development of the Property as three (3) parcels
(identified as the Residence Inn Parcel, Out Parcel 1 and Out Parcel 2) pursuant to a site plan
approved by the City on January 26, 2005; and
WHEREAS, as a condition of the City's site plan approval, A 1 A Acquisition entered into
that Unit y of Title and Access Limitation Agreement ( "the Agreement ") with the City recorded in
Brevard Count y Official Record Book 5421, Page 6998, which unified title of the Residence Inn
Parcel for development purposes; and
WHEREAS, the Property's two (2) remaining out parcels are not part of the Property unified
in title for development purposes; and
WHEREAS, A 1 A Acquisition intended that out Parcel 1 and out Parcel 2 be developed as
City of Cape Canaveral
Resolution No. 2008 -03
Page 1 of 3
two (2) separate and distinct development projects; and
WHEREAS, out Parcel 1 was previously recognized by the City for the development of a
separate and distinct development project; and
WHEREAS, the new owner of Out Parcel 2, A 1 A Outparcel Group, L.L. L.P ., ("AIA
Outparcel ") desires that out Parcel 2 be available for development without formal platting, pursuant
to a site plan now or hereafter approved by the City; and
WHEREAS, for the purpose of future development of Out Parcel 2 pursuant to a site plan
now or hereafter approved by the City, the City Council agrees to recognize Out Parcel 2 as a
separate and distinct lot for development purposes pursuant to the terms and conditions set forth
herein; and
WHEREAS, the City Council of the City of Cape Canaveral deems 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, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference
and are deemed a material part of this Resolution.
Section 2. Approval of Lot Split. The City Council hereby approves a lot split as follows:
A. Lot Split. The City Council agrees to recognize Out Parcel 2, depicted and
legally described in Composite Exhibit "A," attached hereto and fully incorporated
herein by this reference, as a separate and distinct lot for development purposes only.
B. Further Subdivision of Out Parcel 2. Out Parcel 2 shall not be further subdivided
except in compliance with all applicable laws or ordinances.
C. Access, Ingress &Egress. Out Parcel access, ingress and egress (including curb
cuts) directly to and from Highway Al (Astronaut Boulevard) shall be prohibited
without the prior written consent of the City.
D. Terms and Conditions to Run with the Land. The terms and conditions of the lot split
set forth in this Resolution shall run with the land and shall be binding upon Out
Parcel 2.
Section 3. City Clerk to Record Resolution. Upon approval of this Resolution by the City
Council and full execution b y City, the City Clerk is hereby directed to record this Resolution in the
City of Cape Canaveral
Resolution No. 2008 -03
Page 2 of 3
Official Records of Brevard County, Florida.
Section 4. City's Official Maps and Records to be Updated. Upon approval of this
Resolution by the City Council and full execution by the City, the official maps and records of the
City shall be updated to reflect Out Parcel 2 as a separate and distinct lot for development purposes
as set forth in this Resolution.
Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 6. 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 7. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on this 5"' day of February, 2008.
c O GAY-4\ C.:-. )...,Scafk
ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoog Second
Leo Nicholas X
SUSA STILLS,-City Clerk Rocky Randels X
Shannon Roberts X
Buzz Petsos Motion
Approv-. as to legal form and sufficiency for
the C.y o Cape Canaveral only:
e4110
ANTHONY A. GARGANESE, City Attorney
• City of Cape Canaveral
Resolution No.2008-03
Page 3 of 3
EXHIBM
s "
SKETCH TO ACCOMPANY DESCRIPTION
NOi A BOUNDARY SURVEY
OUT PARCEL 2
POINT OF COMMENCEMENT
or Mm LAW OF som Mialoo fm or SErrw is
& w wxy mkr oF* mr we OF srArE R040 A-- A
f- H LWE of S MUL60' of SSCWN 15
�v
POINT OF BEGINNING
• o ss 30
GRAPHIC SCALE Its
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Jv
Val
106
LN
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EXHIBIT ll A i
SHEET 1 OF 2 s
LEN
girieering, Inc.
L06 M um
OM BBB. MRM& WII
PROM pirM -740 -- FAX
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4
Of 430
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3 SEE SHEET 2 FOR DESCRIPTION,
a
2. SURVEYOWS CERTIFICATION €t NOTES
p
S
r_ PREPARED AND CERMED FOR:
DATE 1-- 31 --05 DRAWN 6r K DJG A TA AGDUIS177ON GROUP. Ltd., L LP.
JDB ND. 0JO025 SCALE.• 1 =B0'
DESCRIPTION
NOT A BOUNDARY S URREY
DESCRIPTION: OUT PARCEL 2
A portion of those lands described in Official Records Book 5288, Page 2195 and Official Records Book
5288, Page 2198, of the Pubiic Records of Brevard County, Florida, bring in Section 15. Township 24 South,
Range 37 Ens4 greuord County, Florida, being more particularly described as follows.
Cornmence at the intersection of the North line of the South 3318.84 feet of said .Section 15 and the
Westerly right of way lime of State Road A— 7 A (a 100.00 foot wide right, of way); thence S37 `10T.
along said Westerly right. of way Ent, a distance of 664.78 fee4 to the PINT OF BEGINNING of the herein
described parcel; thence continue, S37'21'10"& along said Weasterly right of way line, a distance of 294.74
feet, to the southerly line of sold lands; thence S52 along the southerly line of said (ands, o
distance of 213.04 feet: thence N3721 a distance of 270.04 feet; thence JV2 -ii "22T, a distance of
54.21 feet; thence N52 N' a distance of 164.78 feet, to the POINT OF BEGINNINC; Containing 1.43
acres, more or less.
SURVEYOR'S NOTES:
1 . THIS IS RIOT A SURVEY.
2. The bearings shown hereon are based on a bearing of S3721'10 1E, along Westerly right of way line.
J. e = Denotes change in direction (no corner found or set).
SEE SHEET 1 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION
SURVEYOWS CERTIFICATION:
.. EXHIBIT :,A��
I hereby cerb'fy that the attvched Property Description was prepared
under my direction, In accordance with Q!1 applkoble requirements of
SHEET 2 OF Z
the "lilinlmum Technical Standards," for land surveying in the State of
..
Florida. described in Chapter S t G 17--6, Florida Adm' strotive Code,
pursuant to Chapter 472.027, Rorida Statutes. -
LLEN
.
ngin e e ring, Inc.
ALLEN INC.
SMYRORS - view=
IN = LM
c0ou REJIGS, Ram =I
Not valid without the •
TW 32LP83• -7443 •- FUG (321)183-6M
signature and the original MOM
HBO vWWAVOMM.Ret - WA idiodaRlaeng net
raised seal of o Rondo rofe Surveyor & Mapper
licensed surveyor and mapper. Florida Istration No. 4262
3
2.
PREPARED AND CERTl1 0 AM
A IA ACQUISMON GROUP. Ltd., L.L.P.
1.
. J09 NO. 030025 DA TE 1- 3
Prepared by and return to:
Katherine W. Latorre, Esq.
Cape Canaveral Assistant City Attorney
Brown, Garganese, Weiss & D' agresta P.A.
P.O. Box 2873
Orlando, FL 32802 -2873
(407) 425 -9566
CONSENT AGREEMENT
The undersigned, AlA OUTPARCEL GROUP, L.L.L.P., a Florida limited liability limited
partnership, having a principal address of 8959 Astronaut Boulevard, Cape Canaveral, Florida 32920,
hereby consents to the lot split and related restrictions set forth and approved in City of Cape
Canaveral Resolution 2008-03.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed by its
proper officer, duly authorized, and its seal to be affixed hereto this day of
Fe r , 2008.
Signed and sealed in the presence of;
i .�
[Print or Type Name]
1r`� rn M LIh IA
tc\ yyl C � n _� S&
[Print or Type Name]
A 1 A OUTPARCEL GROUP, L.L.L.P., a Florida
limited liability limited partnership.
By: AlA OUTPARCEL CORP., a Florida
corporation, as its general partner.
V
TqVC. He nse s Presid t
STATE OF FLORIDA
COUNTY OF VL O O]
The foregoing instrument was acknowledged before me this ' day of t_6k JA_ �
2008, by Tom C. Hermansen, as President of AlA Outparcel Corp., a Florida corporation, as
General Partner of AlA Gutparcel Group, L.L.L.P., a Florida limited liability limited partnership,
on behalf of said corporation and partnership, ❑ who is personally known to me, or 0 who has
produced Florida Driver's License as identification.
SUSAN STILLS
MY COMMISSION # DO 384689
EXPIRES: March 27, 2049
�► ' � d`,. Bonded Thru Notary Public Und wr ters
� WriiR�M_ �`J5
(Signature Notary)
(Print Name of Notary Public)
Notary Public, State of Florida
My Commission Expires: 1 Gr 4
Commission No.: 1b h V P q
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