HomeMy WebLinkAboutResolution 2010-31:0
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BROWN GARGANESE
PO BOX 2873
ORLANDO FL 32802
I/
CFN 2010222300 OR BK 6279 PAGE 1463,
Recorded 11 / 1 5/20 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. 201 0 -31
Pagel of 3
CANAVERAL HEREBY RESOLVES, AS FOLLO'W'S:
Sec, tion 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 this 1 9 th day of October , 2010
[EXECUTION PAGE FOLLOWS]
City of Cape Canaveral
Resolution No. 2010 -31
Paget of
C
Rocky Randels, Maypr
Bob Hoog
Buzz Petsos
Rocky Randels
C. Shannon Roberts
Betty Walsh
Approved as to legal form and sufficiency for
the C' f Cape Canaveral only:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2010 -31
Page 3 of 3
For Against
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PARCEL z
EXHIB'r
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 F'um 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,1 146.20 FEET WEST OF THE POINT
OF BEGINNING. THENCE 1146.20 FEET EAST TO THE POINT OF BEGINNING, SAID
DESCRIPTION BEING IN ACCORDANCE V YFB 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 SECTION 15, AND THENCE
WESTERLY ALONG THE NORTH LINE OF SAID SECTION 15, A DISTANCE OF 165,12
FEET MORE OR LESS, TO A POINT IN 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•IERLY 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 P EET;
THENCE NORTH 0 D1;00HS 00 MINUTES 00 SECONDS EAST A DISTANCE OF 174.90
FEET TO THE SOUTFIWEST 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 TdIITYCI'rBs 48
SECONDS EAST, ALONG THE SOUTH LINE OF SAID LEASE, A DISTANCE OF 112 88
FEET TO 111E SOUTHEAST CORNER GF SAME; THENCE NORTFI 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 -
13ECINNING.
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 PARTICUL DESCRIBED AS
FOLLOWS-
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
FEET MORE OR LESS, TO A POINT ON THE U.S. GOVERNMENT MEANDER LINE;
TRC -NCB SOUT14 23 0 08'26" NEST, ALONG SAID MEANDER LINE, A DISTANCE OF
1,435.771: CET "1'O THE SOUTHEAST CORNER OF THE LANDS DESCRIBED IN OFFICIAL
RECORDS B 3692, PAGE 1672; THENCE. SOUTH 90 0 00'00" NEST, ALONG THE
SOUTH LINE OF SAID LANDS A DISTANCE OF 112,88 FEET TO THE SO U 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 ITIE LANDS DESC=81) IN DEED BOOK 328,
TAGS 311; THENCE NORTH 89 °52'44" WEST, ALONG SAID DCL'D LINE, A DISTANCE OF
50.00 FL'ET; 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 15 TOWNSHIP 24 SOUTH, RANGE 37 EAST,
TALLAHASSEE BASE MERIDIAN, BRE VARD COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
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 SECTION 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 FRET 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 S00 0 55'14 "It,
A DISTANCE OF 553.64 FRET TO THE POINT-OF-BEG INNING.
AND
A PARCEL OF LAND LYING W SFC rjoN 15, TOWNSHIP 24 SOUTFC, RANGE 37 'EAST,
TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMBNCE AT THE NORTHEAST CORNER OF SA N t ) S p 5 ( DEPARTMENT
O A 877 F
N RESOURCES CERTIFIED SECTION t
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 -OF 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 Ol' THE PUBLIC RECORDS OF
'BREVARD COUNTY, FLORIDA; THENCE N89 0 52 1 44 "W, ALONG SAID SOUTH LINE, A
THLTICE A DISTANCE OF 225.00 F'EBT THE L'O1NT- 0E- I3EGINNCNG 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-
$4); THENCE
800'47'35"F, ALONG THE EAST LINE OF SAID SECTION 15, A DISTANCE
OF 559,00 FEET TO THE POINT-Or - BEGINNING; THENCE CONTINUE ALONG SAID
EAST LINE, 8004T39E, A DISTANCES OF 935.49 FEET TO THE NORrlI LINE OF TIM
LANDS DESCRIBED IN DEED 1300K 328, PAGE 311 OF THE 'PUBLIC RECORDS OF
BREVARD COUNTY, FLORIDA; THENCE N89 0 52 1 44 "VII, ALONG SAID NORTH LINE, A
DISTANCE OF 225 00 FEET; THENCE N00 0 55`14 "W, A DISTANCE 01 553.64 FEET;
THENCE N00 °00'00 "E, A DISTANCE OF 351,63 FEET TO TIME SOUTH LINE OF THE
CANAVERAL PORT AUTHORITY; THENCE S89 °55 "E, AL.ONO SAID LINE, A
DISTANCE OF 221,05 FEET TO THE POINT -OF- BEGINNING.
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PARCEL A
LE-SAL OCT CRl1 TI :
A PARCEL OF LAM LYfttCCx in SIaC'r ox i5, )'C3YI mHp :24 SCQTK, pAtstG� .r"7
BAST. iIIE L if1A` r : DA'SE MEROb , EREVARD MUNI1'7. FLOROA ,AM �
MORE PARTECUI,A} LY VESft8tZ M FOL;0�15:
009W1?NCE AT T3f MORTIJEAST UA NER Or SAID SECTION Z. (A6 DEPART -me T' Or
-NATURAL MWRCE CERTIFtE0 SECTION 4;UR 9, ICCUWN7 XO� M
4 -fi) 04p TfituCE :`40047JB ,5"f,. ALO O THE EAST Ljf ()r gAp. Se,err
15, A OfaTANCt OF 5ftoo peETtT� W. 55,4$ "W, �AL014..0 Y 3E SQtmi Lim U'
T CAI IAVERAL P R T AM!• ORITY. A t TANOE (IF 18142 - FEET '£T0 THE POINT OF
8W INrit lKNCE %0ll M %48 E, A !nj3T.A4Ct QF 36t 2S FetTI
THE $43" 0000 C, A =AnCE OF - K67 FEET: THENCE S Q0'€Ttf "W#F, A
DIST 'E OF 11.80 FK'r THENM Stoll• TVV'e. A V$TANG9 -OF 370.24 nE Tj
THM4 °'tTC'f!'yE. A OST'ACE .3F X3,84 1T: 7#iEly ; #5e 0t'O.O' " #�A4
tkISTAN 14,44. 3 s T NCI» !711 ° .t'+$''.E. A, f)$YANCZ OF 107:27 FEET'
TO ;<HE NORTH LWE OF TUE L=5 13ESCN. ElED IN P 800K 3.m PAS a1'I:
T"ZNq' Sag ST44< "E, AL04 SAID? L. . A 111ST&CE OP 201,52 FEET To - tHE
AFORESAD CAST 141"P, Or SECTION 13; 'THMCE Ste` 47135 11 E, ALONG 5Aip EAST 1.114!
DkS7f�CE C3F 451 FtET T TNe %;jtH LINE err TK LANDS VES;lWo 114
t}.EED BOOK 128. P,AU 514 TKNCE Nsq 1:►1 %4' , W. ALL NC SND SAt1TF! I lNE,
A 171VANCE - 1415.50 F'EE'T TO THE WEST LORE DF S41D LAI`1Q5j T4jEyCE jx24'38'S - g ,. W '
ALONG SAO WEST UNE, A l3ISTMel ()r 4.913,$3 °F's;ET T� �H£ "CRT" LINE OF $Afp
kAh14S7 l'tl�Jr S89* 42 Rx,4T4G SX0 NORTH LINt. A, IalaSIMM d1:' 2138,17 ntll
'"NtiA , A d31ST'"g QF 174.90 FEET TO THE SOV7H LINE 41'' TK
CANAftER& PORT AU7W'' jR'Ty' THENCE WITH AND Ar -0140 SAID Lf ND$ TNt FOLLOWING
T#qRS:E; 4OWSV -S; THENCE I+1$9"SrT'13;3" NY. Ai DIST'ANkCE OF 112.85 FEET; TfiENrE
N25'0 QV26"t:, A "TANCE OF 545.63 FEET, THENCE ITEPART Ina SAID Loo$
11.94 "00 *00 "E. A !DISTANCE -OF 2ft69 fgET; 7KNICE N00'00'00' -A 131 UNCE CIF
2V,02 KET• To TNI P$0QnA* SOUTH tdNE �F TFfE CMAVER& PIONT WTMP1TY,
THl;t'IG'E tM " -E. A, V$TANC1t QF 29.79 FEET TO THE 1'All�lE' °OF $EGEt�llVllf�.
OONTA'Nll~tG 2 ACIRM —MRE OR LESS " 13EING SUR,]ECT TO ANY
PARCEL $
A PARCI:1. OF Lr4Nt? I.YII+ 94 Sf;CTION 15, TOWNSI,"i 24 SOUT4, RANGE V
EAST. T7iLtMASSEE EtASE MEFOIAN,HREVARt) COUNTY, F OPi1lA ANN BEING
MCI& FAR TICOLARLY MSCROE D AS FOLI
"�t3MgN.CE AT' TIe NORTHEA C01?NER OF' SAO SECTION 15 to ID PARTNIMT OF
'"ATUR& PE-SOURCES CERTIF'Ui0 SErTr0N 'CORNER, DOCUMENT NO. 001877M,
4 " 10 - '5 4) ; THENCE S0a*47`35 "E -0NO THE EAR LINE OF SAfD SECTION
15, A 013 - TA- MCE -OF 0940 FEET TO TBE I�Qn�lT�c7�- CIII�[G: T�IEN�
N83i 55 *4a "VFW, AL-ONO THE SOUTH UNE Of THE OAN WA RAL P012T" AUTHORITY A
INSTANCE OF 191 -2 FEET1 Tk11 -NNE SOM 13'41 "E, A 01ST 1t. E; CF 31x1.25 Fg
THZNC& 345 01700 "E, A DISTANCE OF TI.67 fEETI T11ETICE S'4$' A
OISTANCE 41!1= 11,$4 PUT; THE 5 A OLLS (3F 370.24 EsEE1
THENCE +S. yk5 W00' A t)IST'A1�I6E () - 3 1I , 'F 4 Yf NC9 1545* Q�lF3(� °'WiA
VISTANCE OF '14.44 FEET. THENCE 800* X3'01. A OIWANCE OF 167.27 - PIXT
'M THE NORTH UNE O F THE LANDS 08SCMka IN pEEQ SOOK Z28. PAGE 5n
THEME $$8'52'44"E, ALONG MD LW, A DISTMOE OF - 201.$2 MET TO TK
AF"ORCSAlt3 EAST LINE OF SECTION 15t 'TK N00 47'35"W, ALONG S9D t, t;f ,
A DISTAKE OF $35.49 FEET TQ IHE PQJN 0F -ai owING.
CON17AINNiG 4,212 At',1IF.Si. MOM 13R LESS AND BI~ZTG SAAIdECT TO ANY
5r"ME * Rr- T$ - QF - WAY OF RZCORD.