HomeMy WebLinkAboutOrdinance No. 11-1997Sandy Crawford
Clerk Of Courts, Srevard County
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, VACATING AND ABANDONING A PORTION OF
THE PROPOSED RIGHT OF WAY EXTENSION OF PORT
ROAD; RESERVING AN EASEMENT FOR PUBLIC UTII.11'J ES;
REPEALING PRIOR INCONSISTENT ORDINANCES;
PROVIDING FOR SEVERABILTTY; AND PROVIDING FOR AN
EFWECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral has received a
petition to vacate and abandon a portion of the proposed right of way extension of Port
Road, a/k/a Banana River Boulevard extension, pursuant to the terms of that certain
Agreement dated February 1, 1966 that provided that the City must deed back the
property received if a roadway is not constructed within two years; and
WHEREAS, the Council has determined that all owners of the abutting property
have joined in the request for this vacation; and
WHEREAS, public utilities are presently located within said property; and
WHEREAS, the City finds that the best interests of its citizens will be served by
the closing, vacating, and abandoning of said property retaining a public utility easement
across the west fifteen feet (15') of said property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, as follows:
SECTION 1. That portion of the proposed right of way extension of Port Road
more fully described as follows:
A tract of land in section fourteen (14), township twenty -four (24) south,
range thirty-seven (37) east, described as follows:
City of Cape Canaveral, Florida
Ordinance No. 11 -97
. Page 2
JIRENININ
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Commence at the southwest corner of said section fourteen (14) and run
north along the west line of said section fourteen (14), one thousand two
hundred thirteen and five tenths (1213.5) feet to the point of beginning of
the land herein described; thence for a first course continue north along the
west line of said section fourteen (14), fifty -five (55) feet to a point; thence
for a second course run east eighty (80) feet to a point; thence for a third
course run south fifty -five (55) feet to a point; thence for a fourth course
run west eighty (80) feet to the point of beginning. Reserving to the City of
Cape Canaveral the West 15 feet of the above described tract of land for a
utility easement.
shall be and is hereby vacated, abandoned, and closed on the effective date of this
Ordinance, pursuant to Section 66 -36 of the Code of Ordinances of the City, provided,
however, that an easement is reserved for public utilities along the said vacated property
as described above. Pursuant to the terms of the above - referenced Agreement, this
vacation shall be in favor of Eugene J. Jandreau and Marie Jandreau, his wife, as the
individuals who originally transferred the said property to the City.
SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of the conflict.
SECTION 3. If any provision of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such provision shall be deemed a
separate, district, and independent provision and such holding shall not affect the validity
of the remaining provisions of this Ordinance.
SECTION 4. This Ordinance shall be effective immediately upon adoption by the
City of the City of Cape Canaveral; Florida.
C:\Program Files \Microsoft Office \Templates \Vacafmg Port Road-dot
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City of Cape Canaveral, Florida
Ordinance No. 11 -97
Page 3
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this
7th da of ober , 1997.
I.APd.I �� pid p
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Sandra
Approved as to Form:
TY CLERK
Kohn Bennett, CITY, TTORNEY
C:1Program P7es\Microsoft OfflceiTemplates \Vacating Port Road.dot
ohn K. Porter, MAYOR
Name:
Motion: Petsos
Burt Bruns
Tony Hernandez
Buzz Petsos
John Porter
Rocky Randels
First Reading:
Posted:
Publish:
Second Reading:
1111
FOR AGAINST
Second: Randels
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September 2, 1997
September 3, 1997
September 21, 1997
October 7, 1997
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CFN 97178202
OR Book/Page: 3717 / 1681