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HomeMy WebLinkAboutOrdinance No. 10-2004 $i T W Z f O p ORDINANCE NO. 10 -2004 , c ) o m 4 ,.. , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF C° — CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, v _ R VACATING THAT PORTION OF THE HARBOR DRIVE 0) N RIGHT -OF -WAY LOCATED TO THE EAST OF LOT 100 o AND WEST OF LOT 19 AS RECORDED AS DEPICTED ON -p N — THE PLAT OF HARBOR HEIGHTS, THIRD ADDITION, AS N o RECORDED IN PLAT BOOK 15 PAGE 81, OF THE PUBLIC N W = RECORDS OF BREVARD COUNTY, FLORIDA; co _ i v (CONTAINING APPROXIMATELY 8,134.1 SQUARE FEET MORE OR LESS); PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, RECORDATION AND AN EFFECTIVE DATE. WHEREAS, David Eppley and Rhonda Lee have requested that the City of Cape Canaveral abandon and vacate that certain parcel of land being part of the unimproved right -of -way of Ridgewood Avenue as depicted on the Plat of Harbor Heights, Third Addition as Recorded in Plat 1 Book 15, Page 81, in the Public Records of Brevard County, Florida; and i WHEREAS, the Planning and Zoning Board members voted by majority and recommended Cie approval to the City Council of the above - referenced request to vacate and abandon the property with stipulations; and WHEREAS, the City Council of the City of Cape Canaveral, Florida has determined that it is in the best interest of the City vacate said right -of -way with stipulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape r' Canaveral, Brevard County, Florida, as follows: SECTION 1. Vacation. The City of Cape Canaveral, Brevard County, Florida, hereby vacates the property described as the lot located east of Lot 100 and west of Lot 19 on Harbor Drive, described as follows: Harbor Heights, Third Addition, at Book 15, Page 81: A parcel of land being part of the unimproved right -of -way of Ridgewood Avenue as depicted on the Plat of Harbor Heights, Third Addition as Recorded in Plat Book 15, Page 81, Lying in Fractional Section 14, Township 24 South, Range 37 East, Tallahassee Base Meridian, Brevard County, Florida and being more particularly described as follows: Begin at a concrete monument marking the northeast corner of Lot 100, (illie Scott Ellis City of Cape Canaveral, Florida Clerk of Courts, Br evard Cou nty Ordinance No. 10 -2004 #Pgs: 9 OS; 3 y; Page 1 of 3 Trust: 5.00 Rec: 73.00 Serv: 0.00 Deed: 0.00 Excise: 0.00 Mtg: 0.00 Int Tax. 0.00 I aforesaid Harbor Heights, Third Addition; thence S 89° 2025" E, along the Northerly line of said Harbor Heights, Third Addition and along the Northerly line of Ridgewood Avenue as depicted on said record Plat, a distance of 80.00 feet to the westerly line of the lands described in official records Book 2626, Page 364 of the Public Records of Brevard County, Florida; thence S 00° 39'35" W. along said westerly line, a distance of 100.00 feet; thence N. 89° 2025" W, a distance of 105.00 feet to the point -of- curvature of a radial circular curve concave to the northwest having a radius of 25.00 feet; thence along the arc of said curve, through a central angle of 90° 00'00 ", an arc distance of 39.27 feet to the point -of- tangency, thence N 1 00° 39'35" E, along the platted westerly right -of -way line of said Ridgewood I Avenue, a distance of 75.00 feet to the point -of- beginning. t Containing 8,134.1 square feet, more or less and being subject to any easements of record. i i i SECTION 2. Easement Stipulations. The City of Cape Canaveral, City Council upon i recommendation of the Planning and Zoning Board approve the request to vacate the property with the following stipulations on the subject easement: a. The City will retain an emergency access easement to the Villages C, of Seaport. b. The subject easement shall include all City utilities and franchises. c. The subject easement shall be 20 -feet wide to align with the emergency access to the Villages of Seaport's 20 feet. d. In addition, the easement shall allow for the required turning radius i to meet fire equipment requirements. } e. The easement area shall be stabilized to meet fire equipment i access requirements. f. A survey of the easement, drawings and legal description shall be provided to the City. (Attached as Exhibit "A. ") g. The applicant shall pay all costs. SECTION 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and f 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 Ordinance is for any reason held invalid or unconstitutional by any court of 1 competent jurisdiction, 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 Ordinance. Cif City of Ca IIIIIIIIIIIIIIII ty pe Canaveral, Flonda 1111 111113M Ordinance No. 10 -2004 CFN:2005034 Page 2 of 3 OR Book/Page 5416 4323 SECTION 5. Effective Date. This Ordinance shall become effective immediately upon Cro' its adoption and shall be recorded with the Brevard County Clerk of Court. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 7th day of December, 2004., L1�j ,,1 /r. ir IC RC P C.4NA C ROCKY RANDELS, Mayor Ar T EST:S t 1 l _.. : For Against Bob Hoog Second ", � ___� --. .. • a1�_ Steve Miller X S IL,L$4 Ci%,Gl'erk Jim Morgan Motion O �� C ( �� N Y _ Buz Petsos X Z' Ma 4, � . 4, 2004 Rocky Randels X Legal Ad ptblished; .ovember 27, 2004 s Second Reading: December 7, 2004 Approv s to legal form and sufficiency of the o Cape Canaveral only //IIih//IihI/ihI/III//ihI/I!///ih/I/I/I/II///i/II//I/Iy///II//Ij/,/I//!flIIIIIIIIIIIIIIII C; CFN:2005034937 OR Book/Page. 5416 / 4324 ANTHONY A. GARGANESE City Attorney C: City Manager Building Dept. Fire Dept. Public Works Eppley /Lee Tony Hernandez City Attorney B ` (IN City of Cape Canaveral, Florida Ordinance No. 10 -2004 Page 3 of 3 SKETCH OF EASEMENT PREPARED FOR TONY HERNANDEZ, III, ESQUIRE, AS TRUSTEE W "Ti & THE CITY OF CAPE CANAVERAL o are— LEGAL DESCRIPTION: w A PARCEL OF LAND BEING PART OF THE UNIMPROVED RIGHT OF WAY OF RIDGEWOOD AVENUE AS DEPICTED ON THE PLAT OF HARBOR HEIGHTS. THIRD ADDITION AS RECORDED I N PLAT BOOK 1 5, PAGE 81 , LYING I N FRACTI ONAL SECTI ON 1 4, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE .p MERI DI AN. BREVARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY CO DESCFU BED AS FOLLOWS: BEGIN AT A CONCRETE MONUMENT MARKING THE NORTHEAST CORNER OF LOT . 1 00, AFORESAID HARBOR HEIGHTS, THIRD ADDI TI ON; THENCE } S 89' 20' 25' E, ALONG THE NORTHERLY LINE OF SAID HARBOR HEIGHTS. THIRD ADDITION AND ALONG THE 'NORTHERLY LINE OF RIOGEW000 AVENUE AS DEPICTED ON SAID RECORD PLAT, A DISTANCE OF 80.00 FEET TO THE WESTERLY LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2626, { PAGE 364 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE S 00' 39' 35' W, ALONG SAID WESTERLY LINE, A DI STANCE OF 1 00. 00 FEET; THENCE N 89' 20' 25' W, A DI STANCE OF 1 05. 00 FEET TO THE POI NT -OF- CURVATURE OF A RADIAL CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADI US OF 25. 00 FEET; THENCE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90' 00' 00' , AN ARC DI STANCE OF 39. 27 FEET TO THE POI NT -OF- TANGENCY; THENCE N 00' 39' 35' E, ALONG THE PLATTED WESTERLY RIGHT - OF -WAY LINE OF SAID RI DGEW000 AVENUE, A DI STANCE OF 75. 00 FEET TO THE POI NT -OF -BEGI NNI NG. CONTAINING 8, 1 34. I SOUARE FEET, MORE OR LESS AND BEING SUBJECT TO A 10.00 FOOT EASEMENT FOR PUBLIC UTILITIES ACROSS THE NORTH 10.00 C FEET THEREOF AND BEING SUBJECT TO A PERMANENT AND IRREVOCABLE EASEMENT FOR INGRESS /EGRESS AND PUBLIC UTILITIES OVER, UNDER AND ACROSS THE FOLLOWI NG, TO WI T: EASEMENT DESCRI PTI ON: A PARCEL OF LAND BEING PART OF THE UNIMPROVED RIGHT - OF - WAY OF RIDGEW000 AVENUE AS DEPICTED ON THE PLAT OF HARBOR HEIGHTS, THIRD ADDI TI ON AS RECORDED I N PLAT BOOK 1 5, PAGE 81 , LYING I N FRACTIONAL SECTION 1 4. TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE 0 ; MERIDIAN, BREVARD COUNTY. FLORI DA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A CONCRETE MONUMENT MARKING THE NORTHEAST CORNER OF LOT f. 1 00, AFORESAID HARBOR HEIGHTS, THIRD ADDITION; THENCE S 89' 20' 25' E. ALONG THE NORTHERLY LINE OF SAID HARBOR HEIGHTS. l i THIRD ADDI TI ON AND ALONG THE NORTHERLY LINE OF RI DGEWOOD AVENUE AS k DEPICTED ON SAID RECORD PLAT. A DI STANCE OF 30. 00 FEET TO THE 1 POI NT - OF -BEGI NNI NG; THENCE CONTI NUE S 89' 20' 25' E, ALONG SAI 0 LI NES, A DI STANCE OF 20. 00 FEET; THENCE S 00' 39' 35' W, A 0I STANCE OF 18. 15 FEET; THENCE S 1 3' 53' 1 5' E, A DI STANCE OF 84. 56 FEET; THENCE N 89' 20' 25' W, A DI STANCE OF 41.24 FEET; THENCE 7 N 00' 39' 35' E, A DI STANCE OF 100. 00 FEET TO THE POI NT -OF - BEGI NNI NG. i i LEGEND ❑ FOUND 4' X 4' CONCRETE MONUMENT 0 FOUND *5 REBAR 15 FIRE HYDRANT 0 SANITARY SEWER MANHOLE SET 4' X 4' CONCRETE MONUMENT • SET "5 REBAR (M1 MEASURED L FOUND NAIL & DISC 1 PERMANENT REFERENCE MARK + POWER POLE (P) PLAT ) LIGHT POLE t FOR GRAPHIC DEPICTION OF EXISTING SITE SEE SHEET 2 5 SHEET 1 OF 2 I BOUNDARY SURVEY 03 -070, V. E. M. 1 1 NO ENCROACHMENTS NOTED AT TIME OF SURVEY. 1 THE SURVEY DEPICTED HEREON I S TRUE AND DATE: BEACH MAPPING MEETS THE MI NI NUM TECHNI CAL STANDARDS 04-30-04 ACCORDI NG TO CHAPTER 61 01 7- 6, FLORI DA AND ADMI NI STRATI VE CODE PURSUANT TO FLORIDA SCALE: SURVEYING STATUTES 1 77 AND 472. 1' = 20' 8010 N. ATLANTIC AVE. t. SUITE 12 REF: 03 -070 P.O. BOX 542 WM. V. POWELL P. L. S. NO. 2787 JOB N0. CAPE CANAVERAL. FLORIDA 3292 • STATE OF FLORIDA 03 -070A PHONE (321) 783-4174 FAX (321) 783-1058 ' V I L L A G E S O F S E A P O R T OFFICIAL RECORDS BOOK 3000, 1 0' UTI LI TI ES EASEMENT PAGE 962 C E3 S89' 20' 25" E 80. 00 30. 00 20. 3 ti in i O (r ^ 07 Q 3 -. w. W POI NT- OF NNI NG " co § , I-- a m FOUND CONCRETE MONUMENT N w 1- % w (>7 W �] 3 2 _� Z E U - W Z (f i O [0 CI >- O 2 = Q m ¢ W\ z Cc CO u W -- t' m w O W 0 u) 6 : ', m J CO Q X • • 0 - , t, , U) o _ -- o M 0 Z 1— ( Cr CO c0 W -J i GO ,' —J O 3 1i cc N o I- , i' W 0 p m • m m _ % a .---, -, F-- ,_ 0 cr J 3 0 ' % Q cc i _, > Z ,, % a 1— , Q 0 1 f7 Q O p ' Z w m w ea', % Q J Q p w Q, w y� % p 0 J Q • W c p , Oi-u i N Q N ( , % D Cc C RAM US: 25. 0 0 z 2� '( a _ DELTA:: 9 00' 00' ! 1 w _ s ARC: 39. 27 t K m 41 . 24 ? w v - FOUND *4 REBAR 105. 00 N89' 20' 25' W Q ,' 1 0 . 2' o , EDGE OF PAVING j %' r \\\\I1 N 11111111111111111111IIIE K I O & E W O O D AVENUE ;' CFN:200503493 / 4326 ' OR B ook/Page: ■/ ' Cr $ ct O ' LJ ' SURVEYOR' S NOTES: 1 . BEARI NGS REFER TO THE NORTHERLY LINE OF HARBOR HEIGHTS, THI RD ADDI TI ON, PLAT BOOK 15, PAGE 81, BEARI NG S 89' 20' 25' E. C 2. ENCROACHMENT( S) , (I F ANY) ARE AS NOTED AT TIME OF SURVEY. 3. FLOOD ZONE ' X' PER NATIONAL FLOOD INSURANCE RATE MAP NO. 12009CO31 3 SUFFIX E (COMMUNI TY NO. 1 25094) INDEX DATED 1 1 -1 9 -97. 4. NOT VALI D UNLESS EMBOSSED WI TH SURVEYOR' S I MPRESSI ON SEAL. 5. SKETCH OF EASEMENT JOB NO. 03 -070A, V. E. M. 12- 26-03. 66V ION 14 TWP. 24 S. KIa6. 37 E. DATE: 04-30 -e4 BEACH MAPPING AND FOR LEGAL DESCRIPTION SCALE: SURVEYING 1' = 20' 8010 N. ATLANTIC AVE. AND CERTIFICATIONS SEE SHEET 1 SUITE 12 REF: 03 -070 P.O. BOX 542 JOB N0. : CAPE CANAVERAL, FLORIDA 32920 , SHEET 2 OF 2 03 - 070A PHONE (321) 783 -4174 FAX (321) 783 -1058 • , . . SKETCH OF EASEMENT PREPARED FOR TONY HERNANDEZ, III, ESQUIRE, AS TRUSTEE & THE CITY OF CAPE CANAVERAL 1 LEGAL DESCRIPTION: - N o 0 0 C . � o � 1 A A PARCEL OF LAND BEING PART OF THE UNIMPROVED RIGHT - OF - WAY OF RIDGEWOOD AVENUE AS DEPICTED ON THE PLAT OF HARBOR HEIGHTS, THIRD �.0 ADDI TI ON AS RECORDED I N PLAT BOOK 1 5. PAGE 81, LYING I N FRACTIONAL SECTI ON 1 4, TOWNSHI P 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN. BREVARD O COUNTY. FLORIDA AND BEING MORE PARTICULARLY BEGIN AT A CONCRETE MONUMENT MARKING THE NORTHEAST CORNER OF LOT W 1 00, AFORESAID HARBOR HEI GHTS. THIRD ADDITION; THENCE 12 S 89' 20' 25' E, ALONG THE NORTHERLY LI NE OF SAI D HARBOR HEI GHTS. THIRD ADDITION AND ALONG THE NORTHERLY LINE OF RIDGEWOOD AVENUE AS DEPICTED ON SAI 0 RECORD PLAT. A DI STANCE OF 80. 00 FEET TO THE WESTERLY LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2626, PAGE 364 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE S 00' 39' 35' W. ALONG SAI D WESTERLY LI NE, A DI STANCE OF 1 00. 00 FEET; THENCE N 89' 20' 25' W. A DI STANCE OF 1 05. 00 FEET TO THE POI NT -OF- "r: CURVATURE OF A RADIAL CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25.00 FEET; THENCE ALONG THE ARC OF SAID CURVE. THROUGH A CENTRAL ANGLE OF 90'00'00', AN ARC DISTANCE OF 39.27 FEET is TO THE POI NT - OF- TANGENCY; THENCE N 00' 39' 35' E, ALONG THE PLATTED WESTERLY RI GHT- OF - WAY LI NE OF SAID RI DGEW000 AVENUE, A DI STANCE OF 75. 00 FEET TO THE POI NT -OF -BEGI NNI NG. p t 1 CONTAINING 8.134.1 SOUARE FEET, MORE OR LESS AND BEING SUBJECT TO A 1 0. 00 FOOT EASEMENT FOR PUBLI C UTI LI TI ES ACROSS THE NORTH 1 0. 00 FEET THEREOF AND BEING SUBJECT TO A PERMANENT AND IRREVOCABLE t C . EASEMENT FOR INGRESS /EGRESS AND PUBLIC UTILITIES OVER, UNDER AND ACROSS THE FOLLOWI NG, TO WI T: i EASEMENT DESCRI PTI ON: A PARCEL OF LAND BEING PART OF THE UNIMPROVED RIGHT - OF - WAY OF t RIDGEW000 AVENUE AS DEPICTED ON THE PLAT OF HARBOR HEIGHTS, THIRD ADDI TI ON AS RECORDED I N PLAT BOOK 1 5, PAGE 81. LYING I N FRACTIONAL SECTION 1 4, TOWNSHIP 24 SOUTH, RANGE 37 EAST. TALLAHASSEE BASE MERI DI AN, BREVARO COUNTY, FLORI DA AND BEING MORE PARTICULARLY 1 DESCRIBED AS FOLLOWS: COMMENCE AT A CONCRETE MONUMENT MARKING THE NORTHEAST CORNER OF LOT 1 00, AFORESAI 0 HARBOR HEI GHTS, THI RD ADDI TI ON; THENCE S 89' 20' 25' E, ALONG THE NORTHERLY LI NE OF SAI D HARBOR HEI GHTS, THIRD ADDITION AND ALONG THE NORTHERLY LINE OF RIDGEW000 AVENUE AS i DEPI CTED ON SAID RECORD PLAT, A DI STANCE OF 30. 00 FEET TO THE P01 NT - OF- BEGI NNI NG; THENCE CONTINUE S 89' 20' 25' E, ALONG SAI 0 LI NES, A DI STANCE OF 20. 00 FEET; THENCE S 00' 39' 35' W, A DI STANCE 1 OF 18. 15 FEET; THENCE S 1 3' 53' 1 5' E, A DI STANCE OF 84. 56 FEET; THENCE N 89' 20' 25' W, A DI STANCE OF 41.24 FEET; THENCE N 00' 39' 35' E, A DI STANCE OF 100. 00 FEET TO THE POI NT - OF -BEGI NNI NG. LEGEND ❑ FOUND 4' X 4' CONCRETE MONUMENT 0 FOUND °5 REBAR t7 F1 RE HYDRANT OO SANITARY SEWER MANHOLE SET 4' X 4' CONCRETE MONUMENT • SET "5 REBAR (M) MEASURED i FOUND NAI L & DI SC PERMANENT REFERENCE MARK ♦ POWER POLE (P) PLAT j:( LIGHT POLE FOR GRAPHIC DEPICTION OF EXISTING SITE SEE SHEET 2 SHEET 1 OF 2 a` BOUNDARY SURVEY 03 - 070. V.E.M. 11-26-03. NO ENCROACHMENTS NOTED AT TIME OF SURVEY. ) THE SURVEY DEPICTED HEREON IS TRUE AND DATE: MEETS THE MI NI NUM TECHNICAL STANDARDS 04 BEACH MAPPING ACCOROI NG TO CHAPTER 61 61 7 -6, FLORI DA AND i ADM' NI STRATI VE CODE PURSUANT TO FLORI DA SCALE: SURVEYING STATUTES 1 77 AND 472. 1' = 20' 8010 N. ATLANTIC AVE. 1 SUITE 12 REF: 03 070 P.O. BOX 542 JOB NO. CAPE CANAVERAL FLORIDA 32 920 WM. V. POWELL P. L. S. NO. 2787 t STATE OF FLORIDA 03 PHONE (321) 783 FAX (321) 783 - 1058 t 1 I ti • I _VI L L A G E S O F S E P O R T OFFICIAL RECORDS BOOK 3000, 10' UTILITIES EASEMENT PAGE 962 ) ` Cr co S8 °' 20' 25' E 80. 00 30. 20.00 3 lfI i f in = w. w POI NT- OF iBEGI NNI NG `o ; 1.._ " Q 8 FOUND CONCRETE MONUMENT m : w I (n W lc; 3 ' o � N w Z � p jP f = O • a > m ¢ LU , ' D cam) cr ^ cc m U a w ✓ `, • w O .-, W o cn 6 : , O J co 1— O W 1 (1) O k IT% D: ' a Q d$ (r) O ' , ' Z _ 0 - w r F- O , J Z 3 M Ix N o F - O ff ' ; U Y c i O U CS) F O • w m M Q fr Z ; n- f-- O O O * Z W c r) co', a n- I • J a 0 w O 0 Cr W cc • m Q _ � w �"� a cr V r IS w o J 4 m w cr O (u r 0 a N O .. Z N 1 W G D CC RADIUS: 25. 00 Z 4 / ' �' m 1 Z DELTA: 90' 00' 00' - w ARC: 39. 27 ; O ; 1 ' m 41. 2 4 ~ ' ; w s Z , u' FOUND *4 REBAR 105.00 N89' 20' 25' W v r o . O EDGE OF PAVI NG 2 1 t ' J RIO& AV 1 I IIIIIIIIII II II III 1111IIIIII 111IVIIIIII111IIIII Co CFN:2005034937 • a ;' OR Book/Page: 5416 / 4328 (..) r SURVEYOR' S NOTES: 1. BEARINGS REFER TO THE NORTHERLY LINE OF HARBOR HEIGHTS, THIRD ADDI TI ON, PLAT BOOK 15, PAGE 81, BEARI NG S 89' 20' 25" E. 2. ENCROACHMENT( S) , (I F ANY) ARE AS NOTED AT TI ME OF SURVEY. 3. FLOOD ZONE ' X' PER NATIONAL FLOOD INSURANCE RATE MAP NO. 12009CO31 3 SUFFIX E (COMMUNI TY NO. 125094) INDEX DATED 1 1 -1 9 -97. 4. NOT VALID UNLESS EMBOSSED WI TH SURVEYOR'S I MPRESSI ON SEAL. 5. SKETCH OF EASEMENT JOB NO. 03-070A, V. E. M. 1 2- 26 -03. ) i t F . SEGT ION I4 TWP. 24 6. KGE. 37 E. 004 -30-04 BEACH MAPPING AND FOR LEGAL DESCRIPTION SCALE: SURVEYING 1' = 20' 8010 N. ATLANTIC AVE. AND CERTIFICATIONS SEE SHEET 1 SUITE 12 REF: 03-070 P.O. BOX 542 JOB NO : CAPE CANAVERAL, FLORIDA 32920 } SHEET 2 OF 2 03-070A PHONE (321) 783 -4174 FAX (321) 783 -1058 # '` . ( I SKETCH OF EASEMENT PREPARED FOR TONY HERNANDEZ, III, ESQUIRE, AS TRUSTEE & THE CITY OF CAPE CANAVERAL 1 LEGAL OESCRI PTI ON: A PARCEL OF LAND BEING PART OF THE UNIMPROVED RIGHT - OF - WAY OF RIDGEWOOD AVENUE AS DEPICTED ON THE PLAT OF HARBOR HEIGHTS. THIRD ADDI TI ON AS RECORDED I N PLAT BOOK 1 5, PAGE 81, LYING I N FRACTIONAL SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST. TALLAHASSEE BASE MERI DI AN, BREVARD COUNTY, FLORIDA ANO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A CONCRETE MONUMENT MARKING THE NORTHEAST CORNER OF LOT 1 00, AFORESAI D HARBOR HEI GHTS, THI RD ADDI TI ON; THENCE S 89' 20' 25' E, ALONG THE NORTHERLY LINE OF SAID HARBOR HEI GHTS. THIRD ADDITION AND ALONG THE NORTHERLY LINE OF RIDGEWDOD AVENUE AS 0 n DEPICTED ON SAID RECORD PLAT. A DISTANCE OF 80. FEET TO THE W z WESTERLY LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2626, o 0 PAGE 364 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE - of P S 00' 39' 35' W, ALONG SAID WESTERLY LINE, A DI STANCE OF 1 00. 00 FEET; m A THENCE N 89' 20' 25' W, A DI STANCE OF 1 05. 00 FEET TO THE POI NT -OF- C° CD ( 4 ' I CURVATURE OF A RADIAL CIRCULAR CURVE CONCAVE TO THE NORTHWEST € HAVING A RADIUS OF 25. FEET; THENCE ALONG THE ARC OF SAID CURVE. ' THROUGH A CENTRAL ANGLE OF 90' 00' 00' , AN ARC DI STANCE OF 39. 27 FEET TO THE POI NT -OF- TANGENCY; THENCE N 00' 39' 35' E, ALONG THE PLATTED 1 WESTERLY RIGHT - OF - WAY LINE OF SAID RIDGEWOOD AVENUE, A DISTANCE OF ,p 75. 00 FEET TO THE POI NT -OF -BEGI NNI NG. N wagma (D r CONTAI NI NG 8, 1 34.1 SQUARE FEET, MORE OR LESS AND BEI NG SUBJECT TO A 10.00 FOOT EASEMENT FOR PUBLIC UTILITIES ACROSS THE NORTH 10.00 FEET THEREOF AND BEING SUBJECT TO A PERMANENT AND IRREVOCABLE I' EASEMENT FOR INGRESS /EGRESS AND PUBLIC UTILITIES OVER, UNDER AND c c ACROSS THE FOLLOW NG. TO WI T: C t EASEMENT DESCRI PTI ON: ) A PARCEL OF LAND BEING PART OF THE UNIMPROVED RIGHT - OF - WAY OF RIDGEWDOD AVENUE AS DEPICTED ON THE PLAT OF HARBOR HEIGHTS, THIRD ADDI TI ON AS RECORDED I N PLAT BOOK 1 5, PAGE 81. LYING I N FRACTIONAL I' SECTION 1 4. TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERI DI AN, BREVARD COUNTY. FOR! DA AND BEI NG MORE PARTI CULARLY t 1 DESCRIBED AS FOLLOWS: t i COMMENCE AT A CONCRETE MONUMENT MARKING THE NORTHEAST CORNER OF LOT 1 00, AFORESAID HARBOR HEI GHTS, THI RD ADDITION; THENCE S 89' 20' 25' E, ALONG THE NORTHERLY LINE OF SAID HARBOR HEI GHTS, I THIRD ADDITION AND ALONG THE NORTHERLY LINE OF RIDGEWOOD AVENUE AS DEPICTED ON SAID RECORD PLAT, A DI STANCE OF 30. 00 FEET TO THE POI NT -OF -BEGI NNI NG; THENCE CONTINUE 5 89' 20' 25' E, ALONG SAI D LI NES, A DI STANCE OF 20. 00 FEET; THENCE S 00' 39' 35' W, A DI STANCE . OF 1 8. 15 FEET; THENCE S 1 3' 53' 1 5' E, A DI STANCE OF 84. 56 FEET; THENCE N 8T 20' 25" W, A DI STANCE OF 41. 24 FEET; THENCE N 00' 39' 35' E. A DI STANCE OF 1 00. 00 FEET TO THE POI NT -OF- BEGI NNI NG. 4 i LEGEND ❑ FOUND 4' X 4' CONCRETE MONUMENT 0 FOUND "5 REBAR U FIRE HYDRANT OO SANITARY SEWER MANHOLE SET 4' X 4 CONCRETE MONUMENT • SET "5 REBAR (M) MEASURED L FOUND NAIL & DISC r PERMANENT REFERENCE MARK ♦ POWER POLE (P) PLAT LIGHT POLE • I FOR GRAPHIC DEPICTION OF EXISTING SITE SEE SHEET 2 SHEET I OF 2 BOUNDARY SURVEY 03 - 070, V. E. M. 1 1 - 26 - 03. NO ENCROACHMENTS NOTED AT TIME OF SURVEY. e t THE SURVEY DEPICTED HEREON IS TRUE AND DATE: BEACH MAPPING , MEETS THE MININUM TECHNICAL STANDARDS 04 -30 -04 AND ACCORDING TO CHAPTER 61017-6, FLORIDA ADMI NI STRATI VE CODE PURSUANT TO FLORI DA SCALE: SURVEYING STATUTES 177 AND 472. 1' = 20' 8010 N. ATLANTIC AVE. f' SUITE 12 REF: 03 P.O. BOX 542 1 WM. V. POWELL P. L. S. NO. 2787 JOB NO. : CAPE CANAVERAL, FLORIDA 32920 STATE OF FLORIDA 03-070A PHONE (321) 783 -4174 FAX (321) 783 -1058 i V I L L A G E S O F S E A P O R T OFFICIAL RECORDS BOOK 3000, 1 0' UTI LI TI ES EASEMENT PAGE 962 S8°' 20' 25' E 80. 00 ' G3 7 30.00 20.00 3 CC cr Z i r r Z = W w POI N T - OF- BEGI NNI NG m § ;' 1- ¢ -1 m FOUND CONCRETE MONUMEf�T w D_ I- ' w (!) W to v t cc _ In or Z N W z o L to >- 0 m W w ', U co .-, Y J Z w p t 2 Q Q > m a W ', o co Q' = Q W w W m , m F- Z W O W � O J r 0 Q Ln , m J m o Z • = m dS W J co % ' -J F- Z In it N O F ' as ; U 0 l9 O • m , a �, ■ a 6l O m 3 ,, d cc «-• > Z O Q . O Q O a w > o' W r .� / Q J Z Z M o L), O CD co ,. D J E m W Q' ;, j; is; cn N 1 m u. .. Z , O w p ; RADIUS: 25. 00 z $ J , \ DLTA: w - ARC: 39. 27 J , t , 't 0 it 41.2 4 , N V FOUND *4 REBAR 1 05. 00 N89' 20' 25' W ' o , EDGE OF PAVING r ., RI DC, 000 AVENUE o� ,'' ium 111111 on i iui u im u 1111 i. � ; ' / CFN:2005034937 . Q - ;' OR Book/Page 5416 / 4330 o ' 1 SURVEYOR' S NOTES: 1. BEARINGS REFER TO THE NORTHERLY LINE OF HARBOR HEIGHTS, THIRD ADDI TI ON, PLAT BOOK 15, PAGE 81 , BEARI NG S 89° 20' 25' E. ICI1V 2. ENCROACHMENT( S) , (I F ANY) ARE AS NOTED AT TI ME OF SURVEY. 3. FLOOD ZONE ' X' PER NATIONAL FLOOD INSURANCE RATE MAP NO 120090031 3 SUFFIX E (COMMUNI TY NO. 125094) I NOEX DATED 1 1 - 19 -97. 4. NOT VALID UNLESS EMBOSSED WI TH SURVEYOR' S I MPR :SSI ON SEAL. 5. SKETCH OF EASEMENT JOB NO. 03-070A, V. E. M. 1 2- 26- 03. 1 SEGflON 14 TWP. 24 S. K&E. 37 E. DATE: BEACH MAPPING 04 -30-04 AND i FOR LEGAL DESCRIPTION SCALE: SURVEYING 1 1' = 20' 8010 N. ATLANTIC AVE. t AND CERTIFICATIONS SEE SHEET 1 SUITE 12 E REF: 03 -070 P.O. BOX 542 I JOB NO. : CAPE CANAVERAL, FLORIDA 32920 SHEET 2 OF 2 03 -070A PHONE (321) 783 -4174 FAX (321) 783 -1058 ,