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RESOLUTION NO. 94 -06
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; VACATING THE FORMER
SIXTY FOOT (60') ROADWAY EASEMENT FOR TOWER
BOULEVARD; REQUIRING THE DEDICATION OF NEW
EASEMENTS TO THE CITY; REQUIRING THE
CONVEYANCE OF A PARCEL OF LAND TO THE CITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Discovery Bay Development, Inc., successor in
interest to James W. Peeples, III, (Developer) has petitioned the
City of Cape Canaveral to vacate the former sixty foot roadway
easement for Tower Boulevard; and
WHEREAS, the City Council has determined that it is in the
best interest of the City to vacate that easement.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City
of Cape Canaveral, Brevard County, Florida, as follows:
SECTION 1. The City of Cape Canaveral hereby vacates the
former sixty foot (60') Roadway Easement for Tower Boulevard, more
particularly described as follows:
A parcel of land lying in fractional Section 15, Township
24 South, Range 37 East, Tallahassee Base Meridian,
Brevard County, Florida and being more particularly
described as follows: Commence at the southeast corner
of said Section 15; thence N 89 °29'13" W, along the south
line. of Section 15; distance of 1329.06 feet; thence N
0°34152" E, a distance of 429.67 feet to the point -of-
beginning; thence S 52 °38'50" W, a distance of 160.89
feet to the point -of- curvature of a radial circular curve
concave to the northwest, having a radius of 379.73 feet;
thence southwesterly, along the arc of said curve through
a central angle of 37 °53'50" for an arc distance of
251.17 feet to the point -of- tangency of said curve;
thence N 89°27'20" W, a distance of 158.78 feet to the
point -of- curvature of a radial circular curve concave to
the northeast, having a radius of 1073.56 feet; thence
northwesterly along the arc of said curve through a
central angle of 30 °29'39" for an arc distance of 571.37
feet to the intersection of a radial circular curve
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City of Cape Canaveral, Florida
Resolution No. 94 -06
Page 2
concave to the north, having a radius of 379.54 feet;
thence easterly along the arc of said curve through a
central angle of 20 °24'50" for an arc distance of 135.23
feet to a point -of- tangency; thence S 89 °25'08" E, a
distance of 57.50 feet to a point a radial circular curve
concave to the northeast, having a radius of 1013.56
feet; thence southeasterly along the arc of said curve
through a central angle of 20 °29'46" for an arc distance
of 362.58 feet to the point -of- tangency; thence S
89 °27'20" E, a distance of 158.78 feet to the point -of-
curvature of a radial circular curve concave to the
northwest, having a radius of 319.73 feet; thence
northeasterly through a central angle of 37°25'03" for an
arc distance of 208.80 feet to an intersection with a
radial circular curve, concave to the northwest, having
a radius of 380.00; thence northeasterly through a
central angle of 26 °23'14" for an arc distance of 175.01
feet; thence S 37°21'10" E, a distance of 2.25 feet to
the point -of- beginning.
SECTION 2. The vacation of the property described in
Section 1 is contingent upon the Developer granting the following
easements to the City:
Fifteen Foot Public Utilities Easement
A parcel of land lying in fractional Section 15, Township
24 South, Range 37 East, Tallahassee Base Meridian,
Brevard County, Florida and being more particularly
described as follows: Commence at the southeast corner
of said Section 15; thence N 89 °29'13" W, along the south
line of Section 15; distance of 1552.01 feet; thence N
0°34'52" E, a distance of 377.23 feet to a point on a
radial circular curve concave to the northwest, having a
radius of 380.00 feet; (said point also being the point -
of- beginning) thence northeasterly along the arc of said
curve through a central angle of 15 °16'42" for an arc
distance of 101.33 feet; thence 5 37 °21'10" E, a distance
of 15.62 feet to a point on a radial circular curve
concave to the northwest having a radius of 395.00 feet;
thence southwesterly along the arc of said curve through
a central angle of 16°09'18" for an arc distance of 11.37
feet; thence N 0 °34'52" E, a distance of 15.00 feet to
the point -of- beginning.
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City of Cape Canaveral, Florida
Resolution No. 94 -06
Page 3
Ten Foot Drainage Easement
A parcel of land lying in fractional Section 15, Township
24 South, Range 37 East, Tallahassee Base Meridian,
Brevard County, Florida and being more particularly
described as follows: Commence at the southeast corner
of said Section 15; thence N 89 °29'13" W, along the south
line of Section 15; distance of 1272.51 feet to the
point -of- beginning; thence continue N 89 °29'13" W, along
said line, a distance of 10.00 feet; thence N 0 °30'51" E,
a distance of 191.67 feet; thence N 37 °21'10" W, a
distance of 268.59 feet to a point on a radial circular
curve concave to the northwest, having a radius of 380.00
feet; thence northeasterly, along the arc of said curve
through a central angle of 1 °33'32" for an arc distance
of 10.34 feet; thence S 37 °21'10" E, a distance of 269.40
feet; thence S 0 °30'51" W, a distance of 195.10 feet, to
the point -of- beginning.
SECTION 3. The vacation of the property described in Section
1 is contingent upon the Developer conveying the following parcel
of land to the City by Special Warranty Deed:
A portion of that parcel as described in Official Record
Book 1410 at Page 96 of the Public Records of Brevard
County, Florida being more particularly described as
follows: Commence at a railroad spike at the southeast
corner of said Section 15; thence N 35°46'12" W, for a
distance of 401.26 feet to a 1/2 inch rod in the
centerline of State Road 401, a 100.00 foot right -of -way
as shown on the Florida Department of Transportation
right -of -way maps for Section 70080 -2202, approved 9 -2-
59; thence N 37 °22'12" W, as reference bearing along said
centerline, for a distance of 822.44 feet to a PK nail
and disk stamped GDI LB 4802; thence S 52 °37'48" W, for
a distance of 50.00 feet to a point on the southwesterly
right -of -way line of said State Road 401; thence continue
S 52 °37'48" W, for a distance of 663.12 feet to the point
of beginning, thence S 52 °37'48" W, for a distance of
60.00 feet; thence S 37 °22'12" E, for a distance of 30.00
feet; thence N 52 °37'48" E, for a distance of 60.00 feet;
thence N 37°22'12" W, for a distance of 30.00 feet, to
the point of beginning.
SECTION 4. It is specifically understood that the vacated
City of Cape Canaveral, Florida
Resolution No. 94 -06
Page 4
property cannot be used as acreage for any density calculations.
SECTION 5. This Resolution shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 1st day of March , 1994.
7
alamone, MAYOR
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