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0 <br />0 <br />0 <br />0) <br />Resolution No. 91 - <br />Section 1. Exclusion of Properly. <br />For potable water service only, the franchise territory <br />described in Paragraph 2 of Resolution R-87-6 shall not <br />include that certain tract of real property consisting of <br />approximately 58.09 acres located south of County Road 512, <br />south of the intersection of County Road 512 and Fleming <br />Street, approximately three and one-half miles west of U.S. <br />Highway #1, also known as State Road 5, and east of Strait <br />Avenue, and more particularly described as: <br />A parcel of land in the NE} of Section 13, <br />Township 31 South, Range 38 East, known as <br />Chesser's Gap, described as follows: <br />That part of the NW$ of the NE} of Section 13, <br />Township 31 South, Range 38 East, lying south of <br />Fellsmere Road, AND ALSO the West } of the NE} of <br />the NE} of Section 13, Township 31 South, Range 38 <br />East. All of the above land now Tying in the City <br />of Sebastian, Indian River County, Florida. <br />Section 2. Conflict. <br />Those provision of Resolution No. R-87-6 which are in <br />conflict with the above shall not be effective for the <br />property described in Section 1 above. The remaining <br />provisions of Resolution No. R-87-6, including the franchise <br />for sewer service, shall not be affected by the enactment of <br />this resolution. All other provisions of parts of <br />resolution in conflict herewith are hereby repealed. <br />Section 3. Severabilily. <br />In the event that a court of competent jurisdiction <br />shall hold or determine that any part of this resolution is <br />invalid or unconstitutional, the remainder of the resolution <br />shall not be affected, and it shall be presumed that the <br />County did not intend to enact such invalid or <br />unconstitutional provision. It shall further be assumed <br />2 <br />0 <br />