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HomeMy WebLinkAboutOrdinance No. 32-1998ORDINANCE NO. 32-98 mewaa� 3938 / 1352 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, VACATING AND ABANDONING THAT CERTAIN TEN FOOT (10') SEWER EASEMENT LYING ACROSS TAX PARCELS 511.1 AND 512.1, AS DEDICATED BY INSTRUMENT RECORDED AT OFFICIAL RECORDS BOOK 1189, PAGE 380, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; 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 that certain ten foot (10') sewer easement located across tax parcels 511.1 and 512.1, as dedicated by instrument recorded at Official Record Book 1189, Page 380, Public Records of Brevard County, Florida; and WHEREAS, the Council has determined that portions of the sewer easement lying north and south of said tax parcels have been previously abandoned; and WHEREAS, no public utilities are presently located within said easement, and the City has no intention to utilize said easement for said purpose; and WHEREAS, the City finds that the best interests of its citizens will be served by the closing, vacating, and abandoning of said easement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, as follows: SECTION 1. That easement in favor of the City lying across tax parcels 511.1 and 512.1, as described in that instrument recorded at Official Records Book 1189, Page 380, Public Records of Brevard County, Florida, shall be and is hereby vacated, abandoned, and closed on the effective date of this Ordinance. Crawford Cr Sandy vard County Clerk Of Courts, Bre 0.00 #Names..2 $erv_ Trust s 2 Rec.. 9.00 Excise: 0.00 Trust: 0 130 0.00 Int Tax: Dew 0.00 Mtg.. 1 1 1 City of Cape Canaveral, Florida Ordinance No. 32 -98 Page 2 CFN OR 2353 1111 11 I 111 II Book/Page: 3938 12'. e SECTION 2. All ordinances of parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict.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, distinct, and independent provision and such holding shall not affect the validity of the remaining provision of this Ordinance. SECTION. 4. This Ordinance shall be effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 1st day of December, 1998. Kohn Bennett, CITY . '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 10 Ft Sewer Easement on Parcels 511.1 & 512.1.doc