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88-O-23BOOK PAGE -3223 0466 VOLUSIA CO.FL ILED FOR REC,,` ' pL CIRCUIT U CT COURT RECORD VERI IF I: FL 141393 i? 31 ORDINANCE NO. 88-0-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE - WATER, FLORIDA, VACATING A SIX FOOT UTILITY EASEMENT IN LOTS 212 AND 213, REPLAT OF EDGEWATER ACRES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Flor- ida, at a regularly scheduled Council meeting of September 19, 1988, adopted a resolution declaring its intention to vacate the six foot easement described as follows: A six foot utility easement in Lots 212 and 213 REPLAT OF EDGEWATER ACRES RESUB, as per map thereof recorded in Map Book 23, Page 16, Public Records of Volusia County, Florida. and, WHEREAS, the Public Works Superintendent, and the Director of the Utilities Department, of the City of Edgewater, Florida Power & Light Company and Mosquito Control have declared the sub- ject property to be of no use and not needed by the City of Edge- water, and WHEREAS, the right-of-way of any lot owner is not hereby impaired; NOW, THEREFORE BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. That the six foot utility easement in Lots 212 and 213, Replat of Edgewater Acres Resub., is hereby released and vacated by the City Council of the City of Edgewater, Florida. SECTION 2. That all right, title and interest held by the City of Edgewater, Florida, is hereby released, pursuant to law, to the grantor or grantors, or successors in title, owning, ad- joining land to said property. SECTION 3. That the City Clerk is hereby directed to com- ply with the notification, publication and advertisement proce- dures provided in Section 112 of the City Charter and applicable State Statutes. SECTION 9. That all ordinances or parts of ordinances and all resolutions in conflict herewith, be and the same are hereby repealed. SECTION 5. If any section, part of a section, paragraph, BOOK PAGE C 329 0467 VPLq 1A �0, FL clause, phrase or word of this ordinance is ec are invalid, the remaining provisions of this Ordinance shall not be affected. SECTION 6. This Ordinance shall take effect immediately upon its adoption by the City Council of the City of Edgewater, Florida, and approval as provided by law. This Ordinance was introduced by Councilman Rotundo This Ordinance was read on first reading and passed by a vote of the City Council of the City of Edgewater, Florida, and approval as provided by law, at a regular meeting of said Council held on the 19th day of September , 1988. The second reading of this Ordinance to be at a regular meeting of the City Council of the City of Edgewater, Florida, to be held on the 7th day of November , 1988. ROLL CALL VOTE ON ORDINANCE NO. 88-0-23 Counci A#n Z n Th,� Cou cilmanCou cilman%one Four/F✓our ennnwm nvnnrvr. 0*1-r T is Ordinance read and adopted on second reading at a meeting of the City Council of the City of � //�� � Edge- wat r, Florida, and authenticated this day of � , 1988. 2 Ord. No. 88-0-23 BOOT( PAGE Mayor This Ordinance prepared by: tlrty Att—orlTsy V 3223 0468 VOLU5IA CO. FL Ord. No. 88-0-23 147393