HomeMy WebLinkAboutOrdinance No. 08-1992ORDINANCE NO. 08 -92
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA VACATING A CERTAIN
ROAD RIGHT -OF -WAY LOCATED WITHIN THE CITY;
PROVIDING A LEGAL DESCRIPTION; PROVIDING FOR
AUTHORITY OF THE CITY TO EXECUTE A DEED;
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; ESTABLISHING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Supra Color Enterprises, Inc. ( "Petitioner ") has
petitioned the City of Cape Canaveral, Brevard County, Florida to
vacate a road right -of -way which was conveyed to the City pursuant
to a Deed of Dedication executed by Jack C. Moline and Charlotte
Moline dated as of the 28th day of April, 1972 and recorded in the
Official Public Records of Brevard County, Florida, ORB 1243, Page
642 and 643, said road right -of -way more particularly described
hereafter; and
WHEREAS, the City Council has determined that the vacation of
said dedicated road right -of -way will be in the best interest of
the public health, safety and welfare of the City.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Cape Canaveral, Brevard County, Florida, as follows:
SECTION 1. Following a review by the City Engineer and upon
due consideration by the City Council of the City of Cape
Canaveral, Florida, it has been determined that a dedicated road
right -of -way described more particularly as follows (hereafter
referred to as the "Subject Lands "):
Commence at the Southwest corner of Section 23, Township 24
South, Range 37 East, Brevard County, Florida; thence run
S89 °88'40 "E along the South line of said Section 23 for 512.84
feet; thence run N00 °59'31 "E for 40.00 feet to the POINT OF
BEGINNING of Parcel "Cu; thence continue N00 °59'31 "E for
525.85; thence run S89 °00 "30 "E for 40.00 feet; thence run
S00 °59'31W for 525.75 feet; thence run N89 °08'40 "W along a
line that runs 40 feet North of the parallel with the said
South line of Section 23 for 40.00 feet to the POINT OF
BEGINNING of Parcel "C ", together with the parcel of land
herein described; Commence at the Southwest corner of Section
23, Township 24 South, Range 37 East, Brevard County, Florida;
thence run S89 °08'40 "E along the South line of said Section 23
for 472.84 feet; thence run N00 °59'31 "E for 625.94 feet;
thence run S89 °00'30 "E for 25.00 feet to the POINT OF
BEGINNING of Parcel "D "; thence run N00 °59'31 "E for 125.00
feet; thence run 589 °00'30 "E for 25.00 feet; thence run
S00 °59'31 "W for 125.00 feet; thence run N89 °00'30 "W for 25.00
feet; to the POINT OF BEGINNING of Parcel "D ".
City of Cape Canaveral, Florida
Ordinance No. 08 -92
Page 2
shall be vacated in favor of Petitioner upon the following
terms and conditions:
1. That the Subject Lands will be utilized by the Petitioner
solely for beautification and parking purposes for the benefit of
the structure and improvements located on lands immediately
adjacent to the Subject Lands.
2. That no permanent structures, excluding pavement, curbs,
drainage, irrigation equipment and appurtenant improvements will be
placed upon the Subject Lands.
3. That should the City of Cape Canaveral or other
governmental agency having jurisdiction determine to include the
Subject Lands, or any part thereof, in a dedicated public road
system, then, and in such event and without compensation therefore,
the Petitioner and its successors in interest agree to rededicate
the subject Lands, or any part thereof, as shall be required as
part of such road system.
SECTION 2. That the Mayor, an authorized representative of
the City of Cape Canaveral is hereby authorized to execute a quit-
claim deed granting and conveying all the City's right, title and
interest in and to the Subject Lands to Supra Color Enterprises,
Inc. the owner of properties immediately adjacent to Subject Lands.
SECTION 3. All portions of the Code in conflict herewith are
hereby repealed.
SECTION 4. If any section, paragraph, phrase, or word of this
Ordinance is held to be unconstitutional or invalid, such portion
shall not affect the remaining portions hereof and it shall be
construed to have been a legislative intent to pass this Ordinance
without such unconstitutional or invalid part.
SECTION 5. This Ordinance shall take effect immediately upon
its adoption.
City of Cape Canaveral, Florida
Ordinance No. 08 -92
Page 3
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 18th day of
August , 1992.
John - fit iii 0.QtTY ATTORNEY
1
Oddia41441-L/
alamone, MAYOR
NAME
YES
NO
KEDZIERSKI
X
PORTER
a.
RANDELS
X
SALAMONE
THURM
X
t
r=irst Peading 08/04/92
Posted: 08/07/92
Advertised: 08/08/92
Second Reading: 08/18/92