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HomeMy WebLinkAboutResolution 2004-43 I ' C RESOLUTION 2004 -43 I i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, BREVARD COUNTY, FLORIDA, APPROVING THE FINAL I RE -PLAT OF `BEACHSIDE TOWNHOMES "; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. i WHEREAS, John I Johanson ( "Johanson ") is the owner of real property located within the Cit of Cape Canaveral and generally described as lots 13, 14, and 15, of Block 5, AVON- BY -THE- SEA, Brevard County, Florida, and WHEREAS, Johanson, in accordance with Chapter 98 of the City's Code of Ordinances and Chapter 177 of the Florida Statutes, has sought approval to re -plat the property more specifically described in Exhibit "A ", the same is incorporated herein by this reference and made a part hereof, and to be known as "Beachside Townhomes"; and I WHEREAS, Johanson has complied fully with the platting procedures of the City of Cape Canaveral and that of the State of Florida and has received a recommendation of approval from the City's Planning & Zoning Board, this re -plat is approved. 1 C; WHEREAS, the City Council 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 DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, THAT: 1 Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct an d hereby fully incorporated herein by reference. I Section 2. Re - Plat Approval. The final re -plat for Beachside Townhomes, a copy of 1 which is attached hereto as Exhibit `B" and is incorporated herein fully by this reference, is approved Section 3. Signature Approval.. The Mayor and City Clerk are hereby authorized to I execute said plat on behalf of the City of Cape Canaveral. 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, I distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. 4 4 1 I C; City of Cape Canaveral, Florida 1 Resolution No. 2004 -43 A Page 1 of 2 I 1 . Y i 3 3 4 1 r i e 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. Resolved by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this 7th day of December, 2004. ` J C:-.-e? � 10k (?•41LOVS 1 C � ROCKY RANDELS, Mayor J ATTEST: For Against Bob Hoo g Abstain Steve Miller Motion W1A�. , . _ _Air Jim Morgan X SUSS- : TILLS, City Clerk Buzz Petsos Second -, ,, r 1:' Rocky Randels X c Approved legal form and sufficiency for the Cit j Canaveral only or , Ce ANTHONY A. GARGANESE, City Attorney 1 3 C: City Manager 1 Plat File i Building Dept. Resolution File John Johanson City Attorney I i 1 1 s 1 i 1 4 1 1 City of Cape Canaveral, Florida 1 Resolution No. 2004 -43 i Page 2 of 2 i . 1 i