HomeMy WebLinkAboutResolution 2007-12 RESOLUTION NO.2007-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
VACATING TWO PUBLIC UTILITY EASEMENTS
RECORDED IN BREVARD COUNTY OFFICIAL RECORD
BOOK 983, PAGE 841 AND BOOK 811, PAGE 415;
DECLARING THAT THE VACATION OF SAID
EASEMENTS ARE IN THE BEST INTERESTS OF THE
CITY PURSUANT TO SECTION 110-476, CAPE
CANAVERAL CITY CODE; PROVIDING FOR REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS,the City of Cape Canaveral,Florida is authorized to vacate any lands
that were dedicated to the pubic pursuant to the Florida Municipal Home Rule Powers Act
and Section 110-476,Cape Canaveral City Code;and
WHEREAS,the City of Cape Canaveral, Florida received a request to vacate two
public utility easements that are located on land that is currently being developed and will
be commonly known as the Perlas Del Mar parcel;and
WHEREAS, the City's Public Utilities Director and the City's Planning and
Zoning Board have reviewed the request and have recommended that the City vacate said
easements due to the fact that they are neither currently being utilized by the City, nor are
they likely to be utilized in the near future;and
WHEREAS, the City Council has reviewed the recommendation of the Public
Works Director and the Planning and Zoning Board and it is hereby declared that the
vacation of the easements are in the best interest of the City of Cape Canaveral.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Cape Canaveral,Florida,as follows:
SECTION 1. Recitals. The aforementioned recitals are hereby incorporated
herein by this reference.
City of Cape Canaveral , O R 8K 5778 Page 549
Resolution 2007-12r 1e i-i a_ e,k of
■ I's _,ar nt/
SECTION 2. Vacation of Utility Easements. The public utility easements
recorded in the Official Record Books of Brevard County at Book 983, Page 841 and
Official Records Book 811, Page 415 are hereby vacated by the City.
SECTION 3. Recordation of Resolution. The City Clerk is hereby directed to
record this resolution in the official record books of Brevard County.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase,
word, or portion of this resolution 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 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. Effective Date. This Resolution shall become effective
immediately upon its adoption by the City Council of the City of Cape Canaveral,
Florida.
(Adoption and signatures on next page)
C
City of Cape Canaveral
Resolution 2007-12
2
Coo
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th
day of March, 2007. �
Rocky Randels, MAYOR
AflEST ... ., ` FOR AGAINST
- Bob bog Second
' ro Leo Nicholas X
4
Susan Wllsa,CIT)\CLERK Buzz Petsos Motion
Rocky Randels X
Shannon Roberts X
APPRO AS TO FORM:
Anthony Garganese, CITY ATTORNEY
City of Cape Canaveral
Resolution 2007-12
3