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HomeMy WebLinkAboutResolution No. 1966-35 ti/ 0 MICROFILMED 4-10-80 RESOLUTION NO. 66-35 • 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 of publication which has been ordered filed and noted in the minutes of the public hearing; and r-= MICROFILMED 4-10-80 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, and; WHEREAS, the City Council of the City of Cape Canaveral did on the 14th day of June, 1966, adopt Resolution #66-25 amending and relocating the bulkhead line previously adopted by the Trustees of the Internal Improvement Fund on January 19, 1960, in regard to a portion of the property abutting the Banana River located within the City of Cape Canaveral, Florida, and; WHEREAS, subsequent to said adoption of said Resolution #66-25 the City has been requested by a number of property owners whose property is located to the south of said amended and re- located bulkhead line as set forth in Resolution #66-25, to be included in an amended and relocated bulkhead line, and; • WHEREAS, such property. owners have signed and executed a Waiver of Notice and Protest, a copy of such instrument which is attached hereto and by this reference made .a part hereof, evidencing 1/ their desire to be included in the amended and relocated bulkhead line as prescribed in Resolution #66-25. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: SBC.TTONN 1. That the City_Council; sitting as a delibrer- , ative body and as the legislative branch of the City of Cape MICROFILMED ~0 4-10-80 Canaveral, Florida, based upon the public hearing, its independent investigations, 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 relocated 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. • 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 re- located bulkhead line will act as a protective barrier to' existing improved 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. r- MICROFILMED 4-10-80 9. . That the City believes that all of the upland property owners within the, relocated bulkhead line as set- forth in this Resolution 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 the affected upland property owners within the relocated bulkhead line have evidenced their desire to be included in such relocated bulkhead line and further evidenced their lack of objection by the execution of Waivers of Notice and Protest, a blank copy of which is attached hereto as previously referenced. 11. 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 remaining southern portion of the City be unchanged, in accordance with the desires of a majority of the small property owners that would be affected. l2. ' That-'the relosatiori 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) . SECTION 2. That the bulkhead line previously adopted by the Trustees of the Internal Improvement Fund on January 19, 1960, for a portion of the property that lies within the City of Cape Canaveral, Florida, be and it is hereby amended and re- located, in part,. as follows: Commence at the S.E. corner of Government Lot 3 of Section 22, Township 24 South, Range 37 East, Brevard . County, Florida, and run N.0°12'•05"W.. along the East line of said Section a distance 1226.50 feet; thence run S. 5.89°47'15"W. parallel with the North line of said Government Lot 3, a distance of 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, relocated and amended Bulkhead Line' herein described; thence continue 5.89°47115"W. 3399.53 feet to a point which is 4059.53 .feet West of the East' Line of said section 22; thence run N.22°05!52"W. 2609.20• feet to an intersection with the Southwest corner . of the Bulkhead' Line approved by the City Council of the • City of. Cape Canaveral by Resolution No. 66-25, adopted June 14, 1966, said intersection being the end of this description. ;,. ._ ...MICROFILMED O_ 4.10.80 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 ,forwarded 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 CircUiit Court, in and for Brevard County, Florida. SECTION 5. This Resolution shall become effective immediatelyupon its passage. PASSE `gip f , ADOPTED this 11th day of August, 1966. , 1Ar( 0,00 • y �'F} '� ayor ATTEST: ;; t a C C ty; er r,aaT e w Approved as to. form: AOA .07. ; C y � orney.