HomeMy WebLinkAboutOrdinance No. 02-95•
ORDINANCE NO. 02 -95
AN ORDINANCE OF THE CITY
COUNTY, FLORIDA, VACATING
WITHIN THE CITY; PROVIDING A
FOR AUTHORITY OF THE CITY TO
A SEVERABILITY CLAUSE; AND
DATE.
OF CAPE CANAVERAL, BREVARD
A CERTAIN ALLEYWAY LOCATED
LEGAL DESCRIPTION; PROVIDING
EXECUTE A DEED; ESTABLISHING
PROVIDING FOR AN EFFECTIVE
WHEREAS, Jim Peeples, Trustee, and Paul and Marcia Fairman
( "Petitioners ") have petitioned the City of Cape Canaveral, Brevard
County, Florida to vacate a 12' wide alleyway that exists east of
Ridgewood Avenue, running immediately south of Buchanan Avenue to
Lincoln Avenue, said alleyway more particularly described
hereafter; and
WHEREAS, the City Council has determined that the vacation of
said dedicated alleyway 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's Planning and Zoning Board and the
City Council of the City of Cape Canaveral, Florida, it has been
determined that a dedicated alleyway described more particularly as
follows (hereinafter referred to as the "Subject Lands "):
A Platted alleyway which lies within Block 68, AVON -BY-
THE -SEA, according to the Plat thereof as recorded in
Plat Book 3, Page 7 of the Public Record of Brevard
County, Florida.
shall be vacated in favor of the Petitioners provided that the
existing water line located within the alley, proposed to be
vacated, will be abandoned at such time as the proposed new 6" inch
1
City of Cape Canaveral, Florida
Ordinance No. 02 -95
Page 2
waterline is constructed in accordance with Section 98 -112, Potable
Water Systems of the City of Cape Canaveral Code of Ordinances, and
approved for service. The Petitioners hereby agree to provide
dedicated water line easements to the City of Cocoa for future
upgrades to the water distribution system.
SECTION 2. Severability. 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 3. Effective Date. This ordinance shall take effect
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 7th day of Mach
1995.
ohn K. Porter, MAYOR
BERGER
MIMI WI
PORTER
RANDELS
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First _ .:: �.� 2/7/95
Potted! 2/8195 & 2/22/95
Advertised: 2/10/95 & 2/24/95
S8d Reading 3/7/95