HomeMy WebLinkAboutOrdinance No. 10-2014ORDINANCE NO. 10-2014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, PURSUANT TO
SECTION 2.12(6) OF THE CITY CHARTER,
AUTHORIZING THE CONVEYANCE OF AN
APPROXIMATE TWENTY (20') FOOT WIDE STRIP OF
REAL PROPERTY LOCATED ALONG THE REAR
BOUNDARY OF LOT 11 OF THE HARBOR HEIGHTS
SUBDIVISION BY QUIT -CLAIM DEED WITHOUT ANY
REPRESENTATIONS AND WARRANTIES MADE BY THE
CITY; DECLARING THAT THE CITY OF CAPE
CANAVERAL NO LONGER HAS A PUBLIC PURPOSE
INTEREST IN SAID REAL PROPERTY AND THAT IT IS IN
THE BEST INTERESTS OF THE CITY TO CONVEY THE
REAL PROPERTY TO THE OWNER OF THE ADJACENT
PROPERTY SUBJECT TO THE TERMS AND
CONDITIONS SET FORTH IN THE QUIT -CLAIM DEED;
PROVIDING FOR SEVERABILITY, THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES, AND AN
EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 2.12(6) of the City Charter requires the City Council to authorize the
conveyance of land by Ordinance; and
WHEREAS, the City has recently learned that an approximate twenty (20') foot wide strip
of land located along the rear property boundary of Lot 11 of Harbor Heights Subdivision (with an
address of 245 Harbor Drive, Cape Canaveral, Florida) may be owned by the City of Cape
Canaveral ("Property"); and
WHEREAS, the City of Cape Canaveral has no interest in maintaining fee simple
ownership of the Property except to the extent that the City's Public Works Services Director
determines that Property may still be needed for utility purposes, in which case, the City still
desires to convey fee simple title of the Property subject to the City reserving a utilities
easement; and
City of Cape Canaveral
Ordinance No. 10-2014
Page 1 of 3
WHEREAS, by letter of agreement, the adjacent property owner has agreed to accept
whatever interests the City may have in the Property, excluding any reserved easement rights
which may be required hereunder, by quit -claim deed; and
WHEREAS, City's interest in the Property is being conveyed without the benefit of a title
examination and without any representations and warranties being given by the City whatsoever;
and
WHEREAS, the City Council of the City of Cape Canaveral, finds that this Ordinance is
in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Conveyance of Real Property. The City Council of the City of Cape
Canaveral hereby authorizes the City Manager to convey by quit -claim deed an approximate
twenty (20') foot strip of land running adjacent to the rear property line boundary of Lot 11 of
Harbor Heights Subdivision, Plat Book 13, Page 99 (Parcel Id. 24-37-14-25-00000.0-0011.00), as
generally depicted on Exhibit "A," to the owner of said Lot 11. Exhibit "A" is attached hereto
and hereby incorporated herein by this reference.
("Property")
To the extent that the City Manager, in consultation with the City's Public Works
Services Director, deems it necessary to maintain a utilities easement upon the Property, the quit-
claim deed shall maintain a reservation of utility easement rights in favor of the City.
Section 3. Instructions. The City Attorney is hereby authorized to prepare and file
the necessary legal instruments to convey the Property to the owner of Lot 11. The City will pay
the recording fees for the deed. Any other closing costs (if any) will be paid by the owner of Lot
11 unless otherwise approved by the City Manager. The City Manager and Mayor are hereby
authorized to sign said instruments on behalf of the City in accordance with the advice of the City
Attorney.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
City of Cape Canaveral
Ordinance No. 10-2014
Page 2 of 3
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to City
Charter. In the event, the conveyance of the Property does not occur within ninety (90) days of
the effective date of this Ordinance, this Ordinance shall be deemed repealed at such time the City
Council is advised of such determination at a public meeting.
i.�Av '¢
A&TED .by' City Council of the City of Cape Canaveral, Florida, in a regular
meeti!Ossembled on, the_16t1�Xay of September, 2014.
ATT-�,t ... �.
�iL'ns
ANGELA APPERSON, City Clerk, MMC
First Reading: August 19, 2014
Legal Ad published: August 28, 2014
Second Reading: September 16, 2014
Approvedo legal form and sufficiency
for the Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
ROCKY RAND S, Mayor
For Against
John Bond Second
Bob Hoog x_
Buzz Petsos x
Rocky Randels X_
Betty Walsh Mh inn
City of Cape Canaveral
Ordinance No. 10-2014
Page 3 of 3
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ATT-�,t ... �.
�iL'ns
ANGELA APPERSON, City Clerk, MMC
First Reading: August 19, 2014
Legal Ad published: August 28, 2014
Second Reading: September 16, 2014
Approvedo legal form and sufficiency
for the Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
ROCKY RAND S, Mayor
For Against
John Bond Second
Bob Hoog x_
Buzz Petsos x
Rocky Randels X_
Betty Walsh Mh inn
City of Cape Canaveral
Ordinance No. 10-2014
Page 3 of 3
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Ord. No. 10-2014
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Y EXHIBITExhibit "A"
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