HomeMy WebLinkAboutResolution 2010-31 pdf:0
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BROWN GARGANESE
PO BOX 2873
ORLANDO FL 32802
I/
CFN 2010222300, OR BK 6279 PAGE 1463,
Recorded 11/15/20 1 0 at 03:38 PM, Scott Ellis, Clerk of
Courts, Brevard County
# Pgs:7
RESOLUTION NO. 2010-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, PROVIDING FOR THE
IDIVISION OF A TRACT OF LAND OWNED BY MARTIN
MARIETTA MATERIALS, INC., GENERALLY LOCATED
ON CHALLENGER ROAD IN CAPE CANAVERAL,
FLORIDA AND LEGALLY DESCRIBED HEREIN, INTO
TWO (2) LOTS OF RECORD; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, udder 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 authorizes the City Council to approve by
resolution the division of a tract of land that will result in the creation of exactly one (1) additional
tract of land, generally referred to as a "lot split"; and
WHEREAS, section 98-66 sets forth the requirements and application process for lot splits;
and
WHEREAS, Martin Marietta Materials, Inc. ("Owner") is the owner of certain real property
generally located on Challenger Road in Cape Canaveral, Florida, legally described herein; and
WHEREAS, Owner has petitioned the City, pursuant to section 98-66 of the City Code, to
divide said property into two (2) separate lots; and
WHEREAS, said lots are more particularly depicted and legally described herein; and
WHEREAS, on September 22, 2010, the Planning and Zoning Board considered Owner's
lot split application and recommended approval of same 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, Florida, hereby finds this
resolution to be 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
City of Cape Canaveral
Resolution No. 2010-31
Pagel of 3
CANAVERAL HEREBY RESOLVES, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are hereby fully
incorporated herein by this reference as part of this Resolution.
Section 2. Approval of Lot Split. The City Council hereby approves, pursuant to
section 98-66 of the City Code, the division of the real property generally located on Challenger
Road in Cape Canaveral, Florida, legally described in Exhibit "A," attached hereto and fully
incorporated herein by this reference, into two (2) separate lots. Such lots are legally identified as
"Parcel A" and "Parcel B" and legally described in Exhibit "B," attached hereto and fully
incorporated herein by this reference. Upon recordation of the documents reflecting the lot split in
the Official Public Records ofBrevard County, Florida, said lots shall each be deemed a lot of record
for development purposes pursuant to applicable law.
Section 3. Repeal of Prior Inconsistent Resolutions. Allprior 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 j urisdiction, whether for substantive, procedural, or any other reason, 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. instructions to Staff. Pursuant to section 98-66(h) ofthe City Code, the City
Clerk is hereby directed to record the documents reflecting the lot split in the public records of
Brevard County, Florida. The Community Development Department is hereby directed to modify
city maps and documents to reflect the lot split.
Section 6. 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 this19th day of October , 2010
[EXECUTION PAGE FOLLOWS]
City of Cape Canaveral
Resolution No. 2010-31
Paget of
Approved as to legal form and sufficiency for
the C' f Cape Canaveral only:
Anthony A. Garganese, City Attorney
C
Rocky Randels, Maypr
Bob Hoog
Buzz Petsos
Rocky Randels
C. Shannon Roberts
Betty Walsh
City of Cape Canaveral
Resolution No. 2010-31
Page 3 of 3
For Against
second
FEXHIB'T
PARCEL z
COMMI;,NCE AT THE NORTHEAST CORNER OF SECTION 15, TOWNSHIP 24 SOUTH,
RANGE 37 EAST, THENCE GO SOUTH ON THE EAST SECTION LINE, 1494 90 Fum TO
THE POINT OF BEGINNING. TIiENCE SOUT14 ON SAID SECTION LINE 451.30 PFET,
THENCE WEST 945.50 FEET TO THE EASTERLY LINE OF THE CANAVERAL PORT
AUTHORITY,-ri4E.Nce IN A NORTHWESTERLY DIRECTION ALONG SAID PORT
AUTHORITY'S EASTERLY LINE TO A POINT LYING,1146.20 FEET WEST OF THE POINT
OF BEGINNING. THENCE 1146.20 FEET EAST TO THE POINT OF BEGINNING, SAID
DESCRIPTION BEING IN ACCORDANCE WFTA SURVEY OF LANDS IN SECTION 15,
TOWNSHIP 24 SOUTH, RANGE 37 EAST, FOR Q.H. CHANDLER, FEB. 19, 1922, BY
HENREY B. SMITI-I, ENGINEER, LESS THB EAST 225.00 FFET T1` ,kEOF.
AND
A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 50UTII, RANGE 37 EAST,
TALLAHASSE8 BASE MERIDIAN, BREVARD COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS -
COMMENCE AT THE NOXIVEAST CORNER OF SAID SEC 10N 15, AND THENCE
WESTERLY ALONG THE NORTH LINE OF SAID SECTION 15, A DISTANCE OF 165,12
FEET MORE OR LESS, TO A POINT 1N THE U.S. GOVERNMENT MEANDER LINE;
THENCE SOUTH 23 DEGREES 08 MINUTES 26 SECONDS WEST, ALONG SAID
MEANDER LINE, A DISTANCE OF 590.41 FEET TO THE POINT OF BEGINNINO, SAID
POINT BEING LOCATED AT STATION 238 + 07.69 AND RANGE 2352.75 IN THE
CAN"ERAL HARBOR GRID SYSTEM.
THENCE CONTINUE NORTH 90 DEGREES 00 MINUTO 00 SECONDS EAST, A
DISTANCE OF 296.69 FEET; THENCE SOUTH 0 DEGREES 00 MINUTES 00 SECONDS
EAST, A DISTANCE OF 124.61 "X:T; THENCE SOUTH 23 DEGREES 08 MINUTES 26
SECONDS WEST, A DISTANCE OF 601.44 FEET TO THE NOkTI•IFRLY LINE OF TIIE
LANDS DESCRIBED iN DEED BOOK 328, PAGE 311; THENCE SOUTH 89 DEGREES 52
M1N13TES 44 SECONDS WEST; ALONG SAID LINE, A DISTANCE OF 387.64 PEET;
THENCE NORTH 0 D1;00HS 00 MINUTES 00 SECONDS EAST A DISTANCE OF 174.90
FEET TO THE SOUTHWEST CORNER OF A CANAVERAL PORT AUTHORITY LEASE
DESCRIBED IN OFFICIAL RECORDS BOOK 3680, PAGE 1672, PUBLIC RECORDS OF
BREVARD COUNTY, FLORIDA; THENCE NORTH 89 DEGREES 54 MTNU3ES 48
SECONDS EAST, ALONG THE SOUTH LINE OF SAID LEASE, A DIS'T'ANCE OF 112 88
FEET TO 111E SOUTHEAST CORNER OF SAME; THENCE NORTI4 23 DEGREES 06
MINUTES 26 SECONDS EAST, ALONG THE EASTERLY LINE OF SAID LEASE AND THE
U.S GOVERNMENT MEANDER LINE, A DISTANCE OF 545.63 FEET TO THE POINT-OF-
BECINNING.
ALONG WITH PERPETUAL AND PREPAID NON-EXCLUSIV$ EASEMENTS FOR
INGRESS AND EGRESS QVPR THE FOLLOWINQ PARCEL:
DISCOVERY ROAD EXTENSION PARCEL
A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 FAST,
BUVARD COUNTY, FLORWA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLQWS-
COMMENCE AT TM NORTHEAST CORNER OF SAID SECTION 15, AND THENCE
WESTERLY ALONG THE NORTH LINE OF SAID SECTION 15, A DISTANCE OF 165.12
FRET MORE OR LESS, TO A POINT ON THE U.S. GOVERNMENT MEANDER LINE;
TRC -NCB SOUT14 23008'26" NEST, ALONG SAID MEANDER LINE, A DISTANCE OF
1,435.771: CET "1'O THE SOUTHEAST CORNER OF THE LANDS DESCRIDED IN OFFICIAL
RECORDS BOOK 3692, PAGE 1672; THENCE. SOUTH 90000'00" NEST, ALONG THE
SOUTH LINE OF SAID LANDS A DISTANCE OF 112,88 FEET TO THE SOU 14WEST
CORNER OF SAID LANDS AND THE EASTERLY -RIGHT-OF-WAY' LINE OF DISCOVERY
ROAD AND POINT OF BEGINNING; THE NCR SOUTH 00°00'00" WEST A DISTANCE OF
174.90 FEET TO TI4B NORTH LINE OF I IE LANDS DESC=81) IN DEED BOOK 328,
PAGE 311; THENCE NORTH 89°52'44" WEST, ALONG SAID DCL'D LINE, A DISTANCE OF
50.00 FLET; THENCE NORTH 00°00'00" EAST, A DISTANCE OF 174.90 FEET; THENCE
NORTH 89°52`44" EAST, A DISTANCE OF 50.04 FEET TO THE POINT OF BEGINNING.
• ALL REFERENCES REFER TO TIDE • PUBLIC RECORDS OF BREVARD COUNTY,
FLORIDA.
' F
PARCEL, 4
y L
A PARCEL OF LAND LYING M SECTION 151 TOWNSHIP 24 SOUTH, RANGE 37 EAST,
TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
a COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 15 (A DEPARTMENT OF
NATURAL RESOURCES CERTIFIED SECTION CORNET{ DOCUMENT NO. 00187707,4-10-
84); THENCE S00°47'35"E, ALONG THE EAST LINE OF SAID SEC'T'ION 15, A DISTANCE
OF 1494 49 FEET TO THE NORTH LINE OF THE LANDS DESCRIBED IN DEED BOOK
328, PAGE 311 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; 'ITIENCE
N89°5244"W, ALONG SAID LINE, A DISTANCE OF 225.00 FLIRT TO TIm POINT -OF -
BEGINNING; THENCE CONTINUE N89°5244"W, ALONG SAID LINE, A DISTANCE OF
245,36 FEET; THENCE N23°08'26"E, A DISTANCE OF 601.44 FEET; THENCE S00055'14"It,
A DISTANCE OF 553.64 FRET TO THE POINT -OF -BEG INNING.
AND
A PARCEL OF LAND LYING W SFC'E'TON 15, TOWNSHIP 24 SOUTFC, RANGE 37 'EAST,
TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRfBED AS FOLLOWS:
COMMBNCE AT THE NORTHEAST CORNER OF SAtN) St pCTI'IOJNf 5 ( DEPARTMENT
877407N4- F
NATURAL RESOURCES CERTIFIED SECTION
84), THENCE S00°47`35"E, ALONG THE EAST LINE OF SAID SECTION 15, A D[S1"ANCr
OF 1494.49 FEET TO THE P0lWr-UF BrGlNNiNG; rfiENCE CONTINUE ALONG SAID
EAST LINE, S00°47'35"E, A DISTANCE OF 451.30 FEET TO THE SOUTH LINE OF THE
LANDS DESCRIBBI) IN DEED BOOK 328, PAGE 311 Or THE PUBLIC RECORDS 01;
'BREVARD COUNTY, FLORIDA; THENCE N89052144"W, ALONG SAID SOUTH LINE, A
DISTANTHLTICECS89-52144-1133, A DISTANCE OF 225.00F'EBT,TO� THE L'O1NT-0E-BEGINNING FEET,
PARCEL, 5
A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 .EAST,
TALLAHASSEE BASE MERIDIAN, DREVAR.D COUNTY, FLORIDA AND BEING MORE
PAR'11CULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT TffE NORTHEAST CORNER OF SAID SECTION 15 (A DEPARTMENT OF
i
NATURAL RESOURCES CERTI r.n) SECTION CORNER DOCUMENT NO, 00187707, 4-10-
$4); THENCE
800'47'35"F, ALONG THE EAST LINE OF SAID SECTION 15, A DISTANCE
OF 559,00 FEET TO THE POINT -Or, -BEGINNING; THENCE CONTINUE ALONG SAID
EAST LINE, 8004T39E, A DISTANCES OF 935.49 FEET TO THE NORrlI LINE OF TETE
LANDS DESCRIBED IN DEED 1300K 328, PAGE 311 OF THE 'PUBLIC RECORDS OF
BREVARD COUNTY, FLORIDA; THENCE N89052144"VII, ALONG SAID NORTH LINE, A
DISTANCE OF 225 00 FEET; THENCE N00055`14"W, A DISTANCE OI' 553.64 FEET;
THENCE N00°00'00"E, A DISTANCE OF 351,63 FEET TO TIME SOUTH LINE OF THE
CANAVERAL PORT AUTHORITY; THENCE S89°55148"E, AL.ONO SAID LINE, A
DISTANCE OF 221,05 FEET TO THE'POINT-OF-BEGINNING.
PARCEL A
LE -SAL OCTSCRPTIOW,
A PARCEL OF LAM Lym in sr."ox i5, )'CYmHp :24 SCijTK, pASi. iLe1A AG� "7AS,REVARD
MMMT'. FL,(zROA ,AM �
MORE PARTECUI,MLY VE ft8t k M FOL;
009WENCE AT T3f MORTF{EAS r UANER Or 8AID %%TION Z. (A6 DEPART -me ' Or .
-NATURAL MWRCE CERTIFtE0 SECTION 4~ORK9, OCCUWNT XO, �t 1$7707,
4-fi) 004 ; TfituCE :`40047JB,5"f,. ALON; THe EAST Lj� � gAp. Se,err
15, A OfaTANCt OF 5ftoo 1e�TtT� W. 55,4$"W, �AL014..0 Y E SQtmi Lim U'
T)i- CAIIAVERAL P(R'T AMMORITY. A WTANCE OF 18142 - ECT 70 THE POINT OF
8W INrit lKNCE llM%48" E, A !nI3T.A4Ct QF 361:25 Fermi
THEWE $45"f00`00C, A =AnCee OF -K67 FEET: THENCE S46-Q0'€3tf"W#F, A
DIST E OF 11.80 FK'r 'I'FfENM Soa-TVV'e. A V$TAN —OF 370.24 nETj
TIM $d °'tTC'f !'yE. A OS'f C .3F 3,8rt I T: i#iEly #Se 0t 'O.O'"#�A4
tkISTAN 14,44.3s NCI» Soo..
A, f)$YANCZ OF 107:27 FEET
TO THE NORTH LWE OF TUE Llys DESCR3�E� IN OUP 800K 3.m PAS 31'I:
T"ZNq' Sag* ST4-4"1:, AL04 SAO LIM, A OtST CE OP X01.52 FEET To -tHa
AFORESAD CAST 141NP" Or SECTION 1.5; THMCE SW 4713511E, ALONG 5Aip EAST I.It4e;
k 13k$7A CEw CiF 451!3('# FttT TO 111e %;jtH LINE OF TFC LANDS VES;lWo 114
t}.EED BOOK 128. PA'U 5311 TKNCE 14 8' 01%4' ,W. AI..O}NC SND SOt1TF! IIIE,
A 171VANCE -QF 145.50 peLrT TO THF WEST LORE DF S41D LAI`IQ5j T•i•IIENC� jx24'38'SB"141,
ALONG SAO WEST LINE, A DISTMel ()r 4.95,$3 pi i T� THE "CRT" LINE OF $Afp
kAhI0S7 i`t1 10E S89* 42 R�,4rifG 0 NORTH LINt.;A DISIMM d1, 2$8,17 ntll
'tH NtE AZ(143* 13'(IEt"E, A d3IS''"g QF 174-90 FEET TO THE SOV7H LINE Or TK
OANAVER& PORT AU7W' jR'Ty' THENCE WITH AND Ar -0140 SAID Lf ND$ TNt FOLLOWING
T#qRCE: 4OWSV-S; TWrrNCEP, Ai DISiANkCE OF li2.89 FEET; T#iEidrE
N25'0 QV26"t:, A "TANCE OF 545.133 FEET, THENCE DEPARTina SAID Lmo$
I+I-'84"40'I70"E. A DISTANCE -OF 2f,69 fgET: 7KNICE N00'00'00'19, -A MUNCE GF
2V,02 KET• To THI P$0QnA* SOLITH UNE �F TFIE CMAVER& PIONT WTMPJTY,
THIcM tM445' "-E. A, V$TANC1t QF 29.79 FLET TO THE l'AII�IE'-OF �GEi�tV1E,I�.
OONTA'NiI~t6 27-212 ACIRM— MRE OR LESS " t3EINO SUR,]ECT TO ANY
E AIMMttNTS AND/OR RJC:NTS�oF'• *Ay OF RfOo .
PARCEL $
A PARCEL OF Lr4Nt? k,Yi i 94 St;C I ,I 151 TOWNSh'-'P 24 SOUT4, RANGE V
EAST. T7i4.Ir.Ai•iASS-M E LASE MERlDl,t N, HREVA Rt) COUNTY, F OPirlA ANN BEING
> OR& AART(COLARLY MSCIOE D AS FOLL-OWSx
"�t3141i gN.CE AT' T'Ie NORTHEA C01?NER Or SAO SECTION 15 to p£PARiNIMT OF
'"ATUR& PE -SOURCES CERTJF'E0 SECTr0N 'CORNIER, DOCUMENT NO. 001877M,
4"10-'54); THENCE S0a*47`35-lEt -0NO THE EAST LINE OF SAfD SeCTION
I5, A 013- TA- MCE -OF 0940 FEET TO TBE I�Qn�IT�c7�- CIIi�[G: �II�N�
N83i 55*4a"VFW, AL -ONO THE SOUTH UNt 4F THE OAt+IA ,C RAL POi2T AUTHORITY A
INSTANCE OF 191-2 FEET( TM—NCE SOM 13'48"x, A 01*a'[A . E; CF 3!x1.25 Fg
THZNC& 345.01`1}0"E, A DISTANCE OF TI.67 fEETI THTC£ S'4$',Q0'o4r'w-. A
OISTANCr� ()F 11,$4 1UT; THENCE 5.00# i�`4$'•E, A OLLSTT�.d1' CE oF, 370.24 FEE1,;
THENCE+S.ykc'"Y
°[9 00'19, A tTIST'AXICE () 'I3r'64 'F $ Yf?sI C9 1545* Q�IO(�°'WiA
VISTANCE OF 14.44 FEET. THENCE 800* X3'01. A OIWANCI OF 167.27 T= IXT
Tp THE NORTH UNE OF THE LANDS 08SCMka IN i7EEQ BOOK Z28. PAGE 5n,
THEME $$8'52'44"E, ALONG MD LW, A DISTMOE OF -201,$2 MET TO TK
AF ORC5AII) EAST LINE OF SECTION 15; TK- VCE N006 47'35"W, FIT:EjN6 S9D Ut f ,
A DISTAKE OF $35.40 FEET TO THE PQJN-f,0E-airowING.
ECON17AU1 NiG 4,212,}'LPAOI}�jr( S4 MOM13R LESS AND BI~ZiG 5AAIJECT TO ANY