HomeMy WebLinkAboutResolution No. 1966-25 ' s
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RESOLUTION NO. ‘Y -
A RESOLUTION AMENDING AND RELOCATING A BULKHEAD LINE
OFF-SHORE IN THE BANANA RIVER, FROM AN EXISTING LINE PREVIOUSLY
ESTABLISHED BY LAW FOR A PORTION OF THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 19, 1960, prior to the incorporation
of the City of Cape Canaveral, Florida, the Trustees of the
Internal Improvement Fund, pursuant to the recommendation of the
Board of County Commissioners of Brevard County, Florida, did
approve and adopt a bulkhead line in the Banana River for riparian
property which is now within the City limits of the City of Cape
Canaveral, Florida; and
WHEREAS, the City of Cape Canaveral now has original juris-
diction over the question of amendment or re-location of said
bulkhead line within the corporate limits of the City of Cape Can-
averal, Florida; and
WHEREAS, over the past several years various riparian
owners have filed individual applications requesting the re-
location of portions of said bulkhead line, which resulted in the
City of Cape Canaveral making extensive studies of the question
of whether said bulkhead line for the entire City of Cape Canaveral
should be re-located; and
WHEREAS, the City of Cape Canaveral adopted a resolution
on November 2, 1965, prescribing the date, time and place for a
public hearing on the matter of the relocation of the bulkhead
line off-shore in the Banana River within the City limits of the
City of Cape Canaveral; and
WHEREAS, notice of hearing on relocation of said bulkhead
line was duly published in The Cocoa Tribune, a newspaper of
general circulation in Brevard County, Florida, on November 22,
November 29, and December 6, 1965, as shown by Affidavit of proof
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of publication which has been ordered filed and noted in the
minutes of the public hearing; and
WHEREAS, notice by certified mail, return receipt requested,
of such public hearing was furnished on November 12, 1965, to each
riparian owner of upland within the City of Cape Canaveral and
one thousand feet north and south of the corporate limits of
said City, all in conformance with the provisions of Section
253.122 (4) of Florida Statutes 1965; and
WHEREAS, the City Council of the City of Cape Canaveral
did convene at 7:30 p.m. on December 14, 1965, pursuant to said
public notice, and conducted a public hearing on the question of
relocating the bulkhead line within the City of Cape Canaveral,
Florida; which hearing was recessed until January 25, 1966, at
which time further evidence was presented to the Council concerning
said bulkhead line.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. That the City Council, sitting as a deliberative
body and as the legislative branch of the City of Cape Canaveral,
Florida, based upon the public hearing, its independent investig-
ations, and the record, makes the following findings of fact:
1. That the bulkhead line as hereinafter located does
not interfere with the free use of public waters for navigation,
transportation and public recreation; that the areas contained
within said re-located bulkhead line are shallow, being less than
three feet in average depth and not navigable.
2. That development of the area within the bulkhead line
as hereinafter relocated will enhance the natural beauty and
recreational advantages of the area in that navigable canals may
be afforded for proper ingress and egress to the Banana River, which
is not now available.
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3. That the relocation of said bulkhead line will create
additional land areas for residential use, which is a critical
need for the proper development of the City of Cape Canaveral.
4. That the development of the areas within the relocated
bulkhead line will act as a protective barrier to existing improv-
ed lowlands of the City, thereby alleviating possible storm tides,
hurricane damage and drainage problems.
5. That the relocated bulkhead line will result in
material enhancement of the economy of the City of Cape Canaveral.
6. That there will be no material damage accruing to the
area from development of the area lying within the relocated
bulkhead line.
7. That there is available fill material for developing
the area within the relocated bulkhead line and the effects of
dredging will not be detrimental to any upland owners .
8. That due to the proximity of the City of Cape Canaveral
to the missile and space exploration facilities of the United
States Government, the demands of additional land mass in the
area of Cape Canaveral is paramount to any possible damage to
marine life, wildlife and other natural resources .
9. That all of the upland property owners within the re-
located bulkhead line, without exception, are in complete agreement
with the relocated bulkhead line and that said relocated bulkhead
line does not offend the legal rights of any affected upland
owners .
10. That it is in the best interest of the City at this
time, and is consistent with the master plan of the City, that the
bulkhead line for the southern portion of the City be unchanged,
in accordance with the desires of a majority of the small property
owners that would be affected.
11. That the relocation of said bulkhead line will give
the City a direct route to the relocated highway to Cape Kennedy
at its intersection with the Bennett Causeway (State Road 528).
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Section 2. That the bulkhead line previously adopted
by the Trustees of the Internal Improvement Fund on January 19,
1960, for the property that lies within the City of Cape Canaveral,
Florida, be and it is hereby amended and relocated, in part, as
follows:
Commence at the Northeast corner of Section 22,
Township 24 South, Range 37 East, Brevard County, Florida,
and run South 0 degrees 12 minutes 05 seconds East along
the East line of said Section a distance of 1805.95 feet
to a point 44+2.95 feet South of the North line of Govern-
ment Lot 2, of said Section, thence run South 89 degrees
47 minutes 15 seconds West, parallel with said North line,
660.0 feet to a point on the bulkhead line as established
by action of the Trustees of the Internal Improvement Fund
on January 19, 1960, which is the point of beginning of the
re-located and amended bulkhead line herein described;
thence continue South 89 degrees 47 minutes 15 seconds
West, 4,372.59 feet to a point which is 5,032.59 feet
west of the East line of said Section 22, thence run
North 22 degrees 05 minutes 52 seconds West 6,180.51 feet
to an intersection with the South line of the Canaveral
Port Authority Property, said South line also being the
North City Limits line, extended Westerly, of the City of
Cape Canaveral, Florida, said intersection being the end
of this description.
Section 3. The action of the City Council of the City
of Cape Canaveral, Florida, in amending and relocating the above
described bulkhead line is subject to the formal approval thereof
by the Trustees of the Internal Improvement Trust Fund of the State
of Florida, and a certified copy of this Resolution shall be for-
warded by the City Clerk to the said Trustees of the Internal
Improvement Trust Fund. The said Trustees are hereby respectfully
requested to consider and approve the aforesaid bulkhead line.
Section 4. In the event, the above described amended
and relocated bulkhead line is approved by the Trustees of the
Internal Improvement Trust Fund of the State of Florida, a certified
copy of this Resolution, together with the approval of the Trustees
of the Internal Improvement Trust Fund and also a map showing said
bulkhead line as approved, all shall be filed for record in the
office of the City Clerk in and for Cape Canaveral, Florida, and
also filed for record in the office of the Clerk of the Circuit
Court, in and for Brevard County, Florida.
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Section 5. This Resolution shall become effective
immediately upon its passage.
PASSED AND ADOPTED this / day of e,/,kr-e..i , 1966.
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Mayor
ATTST:
City Clerk
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Approved 0 form:
City Attorney.
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