HomeMy WebLinkAboutOrdinance No. 31-19981
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ORDINANCE NO. 31-98
12-1498 11:00 am
e�mo..�3938 i 2349
AN 'ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, VACATING AND ABANDONING A TWENTY -FIVE
FOOT (25') WIDE RIGHT -OF -WAY LOCATED WEST OF TAX
PARCELS 511.1 AND 5121; RESERVING AN EASEMENT FOR
PUBLIC UTILITIES; REPEALING PRIOR INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR. AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral has received a
petition to vacate and abandon a twenty -rive toot (2') right -of -way iecate.a west of tax
parcels5 11.1 and 512.1;and
WHEREAS, the twenty -five foot (25') right -of -way lying west and adjacent to
this right-of-way was vacated by the City by instrument recorded in Official Records
Book 2773, Paw,: 1092, and Official Records Book 2784, Page 178, both of the Public
yFl
Records of Brevard County, Florida; 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 with said property; and
WHEREAS, the City finds that the best interests of its citizens will be served by
the C1OSlii , °Val. acing, ta;.ld abancloiiing of said property retaining a public utility easement
across the north fifteen feet (15') of the east ten feet (10') of said property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, as follows:
SECTION 1. That twenty -five foot (25') right -of -way more fully described as
follows:
Sandy Crawford
Clerk Of Courts, Brevard County
#Pgs: 3 #Names: 2
Trust: 2.00 Rec: 13.00 Serv: 0.00
Deed: 0.00 Excise: 0.00
Mtg: 0.00 Int Tax: 0.00
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City of Cape Canaveral, Florida
Ordinance No. 31 -98
Page 2
A parcel of land lying in Section 23, Township 24 South, Range 37 East, Brevard
County, Florida, being more particularly described as follows:
Commence at a point on the West right of way line of State Road No. A -1 -A
which is 900.25 feet distant North of the South line of said Section 23, and run
S.89 °30'00 "W., parallel with said South line, a distance of 200.00 feet to the
POINT OF BEGINNING; thence continue S.89 °30'00 "W., parallel with said
South line, a distance of 25.00 feet; thence S.00 °22'00 "E., parallel with the
aforesaid West right of way line, a distance of 150.0 feet; thence N.00 °30'00 "E,,
parallel with said South line, a distance of 25.00 feet; thence N.00 °22'00 "W.
p rall.21 with c id. right of way lire. a `.1ist?+_ce of 150.00 fee'.; to thin POINT OF
BEGINNING.
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 on the north .fifteen feet (15') of
the east ten feet (10') of said vacated property as described above. The public utilities
easement reserved herein is conditioned that any fence erected upon the vacated
property by the owner of tax parcel 511.1 shall be replaced or restored to its original
condition should any damage occur due to work performed by the public utilities
company utilizing said easement.
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 Council of the City of Cape Canaveral Florida.
am1ra33938 / 2350
City of Cape Canaveral, Florida
Ordinance No. 31 -98
Page 3
ADOPTED BY the City Council of the City of Cape Canaveral, Florida this 1st
day of December, 1998.
Kohn Benue TY TTORNEY
Rocky Randels, MAYOR
FOR AGAINST
Burt Bruns X
Tony Hernandez Motion
Buzz Petsos Second
Rocky Randels X
Richard Treverton X
\\ Cape- nt\cityclerk \CityClk \Ordinances \Vacating 25 Ft Right -of Way W of Parcels 511.1 and 512.1.doc
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