HomeMy WebLinkAboutResolution No. 1974-07RESOLUTION NO. 74 -7 77
A RESOLUTION TO ABANDON, CLOSE AND VACATE
COLUMBIA DRIVE AND GEM STREET, WILIER ARE
DEDICATED STREETS LOCATED IN COLUN4131ADPI-AZA
SUBDIVISION; PROVIDING AN EFFECTIVE DATE,
WHEREAS. the City Council of the City of Cape Canaveral. Florida
deems it In the best interest of the City to abandon, close and vacate
certain dedicated streets, named Columbia Drive and Gem Street. located
in Columbiad Plaza Subdivision; and
WHEREAS, the City Council has determined that the petition
requesting vacation and abandonment of said streets was not pursunat to
development scheme or plan of the owner of said lands; and
WHEREAS, a public hearing was held on
1074, after being duly advertised, recording the City's Intention to vacate
the street;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL.
OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
1. The City of Cape Canaveral. Florida, hereby abandons, closes
and vacates the following dedicated streets, which are located in the
following described property:
Lots 6 through 12, Inclusive, and the West 135 feet of
for 13. Columbiad Plaza Sulxlivision, according to the
Plat thereof as recorded In Plat Book 18, page Q. Public
Records of Brevard County, Florida;
to -wit: a portion of that certain dedicated street known as Columbia Drive,
lying 1.065 feet West of the Easterly boundary of Columbiad Plaza Sub-
division, as described above. and that certain dedicated street known as
Gem Street. looted in the Columblad Plaza Sulxlivision as described above.
The Cite hereby renounces and disclaims any righr of the City and the
Public in and to such streets.
2. This Resolution shall become effective immediately upon Its
adoption by the City Council of the City of Cape Canaveral. Florida.
ADOPTED by the City Council of the Cltyof Cape Canaveral.
Florida. this day of 1974.
Mayor Attest:
erk
\p roved as to form: /
REZ ;OLLTION NO. 7.1 -7
A RFSOLITfiON'rO ABANDON, CLOSE AND VACATE
COLLIMMAD DRIVE AND GEM STREET, WHICH ARE
DEDICATED STREETS LOCATED iN COLUMIBADPLA %A
SUBDIVISION; PROVIDING AN i Ff EarIVE DA'Z'E.
WHEREAS, the City Council of the City of Cape Canaveral. Florida
deems It In the best Interest of the City to abandon, close and vacate
certain dedicated streets, named COlumbiad Drive and Gem Street, located
in COlnmblad Plaza Subdivision; and
WHEREAS, the CRy Council has determined that the petition
requesting vacation and abandonment of said streets was not pursuant to
development scheme or plan of the owner of said lands; and
WHEREAS, a public hearing was held on
1971, after being duly advertised, recording the City's Intenrion to vacate
the street;
NOw, - rimEFORr, 131- 1T RrSOL%1FD BY THE CITv COUNCIL
OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
1, The City of Cape Canaveral. Florida, hereby abandons, closes
and vacates the following dedicated streets, which are located in the
following described property:
Lots G through 12. Inclusive, and the Rest 135 feet of
lot 13, Columbiad Plaza Subdivision, according to the
Plat thereof as recorded in Plat Boot: 19. page 9, Public
Records of Brevard County. Florida;
to -«9t: a portion of that certain dedicated street known as Columbiad Drive.
lying 1, 065 feet West of the Easterly boundary of Columbiad Plaza Sub-
division, as described above, and that certain dedicated slaroet known as
Gem Street, located in the Columbiad Plaza Subdivision as described above.
The City hereby renounces and disclaims any right of the City and tile
public In and to such streets,
2. This Resolution shall become effective immediately upon Its
adoption by the City Council of the City of Cape Canaveral. Florida.
ADOPTED by the City Council of the City of Cape Canaveral.
da
Florida. this Y of . 1974.
Mayor
Attest:
Cer.
Approved as to form: RM
PETITION
TO THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, CAPE CANAVERAL,
FLORIDA:
Petitioner, SOUTHERN GULF HOMES, INC. respectfully shows
the Council as follows:
1. That on September 20, 1963, certain real property
located within the city limits of Cape Canaveral, Florida, was filed
of record as a plat of Columbiad Plaza Subdivision and recorded in
Plat Book 18, at page 9, of the public records of Brevard.County,
Florida.
2. That said Petitioner was the owner in fee simple of
the lands described in plat.
3. That said Petitioner retains title in fee simple to
certain property in said subdivision which property is described as
follows:
Lots 6 through 12, inclusive, and the Nest
135 feet of Lot 13, COLUMBIAD PLAZA SUBDI-
VISION, according to the plat thereof as
recorded in Plat Book 18, at page 9, of the
public records of Brevard County, Florida
4. That certain streets were dedicated as part of said
plat, to -wit: Columbiad Drive and Gem Street.
5. That that portion of Columbiad Drive lying 1,065 feet
Nest of the Easterly boundry of said subdivision has never been
opened or utilized for vehicular purposes;, that that portion of Gem
Street, in its entirety as shown on said plat, has never been opened
or utilized for vehicular purposes.
6. That said portion of Columbiad Drive and Gem Street, as
herein described, are bounded by the said property owned in fee
simple by the Petitioner.
7. That the granting of said Petition shall in no manner
affect any easements hereinbefore granted to the City of Cape Cana-
veral.
WHEREFORE, Petitioner respectfully petitions the City
Council to vacate said Columbiad Drive and Gem Street, as herein-
above described.
SOUTHERN GULF HOMES, INC.
By I.
Ja ea ho ey \
Au sor! ed Representa 'Ive t
STATE OF FLORIDA )
COUNTY OF BREVARD)
BEFORE ME, the undersigned authority personally appeared.
JAMES J. MAHONEY, who after being duly sworn according to law deposes
and states, that he .executed the foregoing Petition as the duly auth-
orized and binding representative of SOUTHERN GULF HOMES, INC., and
on their behalf does petition for the purposes therein expressed.
WITNESS my hand and official seal this _day of Feb-
ruary, 1974..
Notary Public
State of Florida at Large
My commission expires:
Nix.ry 1.1 &,
.1 11.9d. W 1.
LY...M .h ". 1917
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