2021-R-17 - ROW Vacation - Boston Road8/5/2021 9:49:53 AM Instrument #2021184905 #1 Book:8095 Page:4321
RESOLUTION NO. 2021-R-17
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, VACATING THE BOSTON ROAD RIGHT OF
WAY FROM SOUTH RIVERSIDE DRIVE TO THE INDIAN
RIVER; AUTHORIZING RECORDING; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY AND APPLICABILITY AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on July 1, 2019 the City Council approved Ordinance 2018-0-33 which
approved a rezoning of the subject property owned by Aski Development, LLC ("Aski") from 13-
4 Tourist Commercial to Business Planned Unit Development (the `SPUD").; and
WHEREAS, Maryann Malecki-Thorhallsson is an abutting property owner to the Aski
property. Ms. Thorhallsson filed a complaint against the City and Aski in the Circuit Court for
Volusia County, Case No. 2019 11291 CIDL (the "Lawsuit") alleging that the rezoning of the
subject property to BPUD was inconsistent with the City's Comprehensive Plan.,; and
WHEREAS, on September 22, 2020, the Circuit Court entered a Final Judgment in favor
of the City and Aski in the Lawsuit. Thereafter, on November 6, 2020, the Plaintiff/Appellants
filed a Notice of Appeal of the Final Judgment in the Fifth District Court of Appeal, Case No.
5D20-2378; and
WHEREAS, the parties have negotiated a settlement of the Lawsuit and Appeal which
was approved by the City Council. Pursuant to the settlement Aski and Thorhallsson agreed to
submit a joint application to vacate the Boston Road right-of-way between Riverside Drive and
the Indian River. The City agreed to process the Boston Road right-of-way vacation as
expeditiously as possible and schedule the application for public hearing in front of the
Edgewater Planning & Zoning Board and then the City Council, being more particularly
described in Exhibit "A"; and
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WHEREAS, pursuant to Section 21-99.03 (Procedures) of the Land Development Code
of the City of Edgewater, and the requirements contained in the Florida Statutes, a Notice of
Public Hearing was published one (1) time in a newspaper of general circulation in the City of
Edgewater by an advertisement that was published in the Daytona Beach News -Journal on July
23, 2020; and
WHEREAS, the City Council of the City of Edgewater finds that said application and
supporting documents are in accordance with the requirements of Chapter 21 (Land
Development Code), Article IX (Application Procedures), Section 21-99 (Abandonments and
Vacations) and that the requested action is consistent with the City of Edgewater Comprehensive
Plan's goals, objectives and policies. The City Council further finds that vacating the easement
will not affect the ownership or access of persons owning adjacent property; and
WHEREAS, the City Council of the City of Edgewater finds that it is in the best interest
of the City to vacate and abandon said easement.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater, Florida:
Section 1. Authority. The City Council of the City of Edgewater has the authority
to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes, Chapter 177.101(5), and Article IX (Application Procedures) of
Chapter 21 (Land Development Code) of the City of Edgewater. The foregoing recitals are
hereby incorporated herein by this reference and are hereby ratified and confirmed as being true.
Section 2. Abandonment, Vacation. The City Council of the City of Edgewater,
Florida, hereby abandons, vacates and renounces any rights in and to Boston Road right-of-way
from Riverside Drive to the Indian River except for the City also required that Thorhallsson and
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Aski grant the City a perpetual and non-exclusive 60' wide access, drainage and utility easement
benefiting the City.
Section 3. Recording. A certified copy of this Resolution shall be filed with the
Volusia County Property Appraiser and duly recorded into the Public Records of Volusia
County, Florida, by the Volusia County Clerk of Court.
Section 4. Conflicting Provisions.
conflict herewith are hereby repealed.
All resolutions or parts of resolutions in
Section 5. Severability and Applicability, if any portion of this resolution is for
any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not
affect the remaining portions of this resolution. If this resolution or any provisions thereof shall
be held to be inapplicable to any person, property, or circumstances, such holding shall not affect
its applicability to any other person, property, or circumstance.
Section 6. Adoption and Effective Date. This resolution shall take effect upon
adoption.
After Motion to approve by \ and
Second by
resolution was as follows:
Mayor Michael Thomas
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilwoman Meagan O'Keefe
Councilman Jonah Powers
2021-R-17 3
AYE
X
X
the vote on this
NAY
Instrument #2021184905 #4 Book:8095 Page:4324
PASSED AND DULY ADOPTED this 2"d day of August, 2021.
ATTEST:
rVIL
Bonnie I3r�lr�vn � �e
City Clerk '`
CITY COUNCIL OF THE
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 2'd day of
legality by: Aaron R. Wolfe, Esquire August, 2021 under Agenda Item No. 8
City Attorney
Doran, Wolfe, Sims & Yoon
2021-R-17 4
Instrument #2021184905 #5 Book:8095 Page:4325 Laura E. Roth, Volusia County Clerk of Court
EXHIBIT "A"
Description
That portion of "Boston Road", a 60 -foot right of way, RIVEREDGE ACRES, according to the
map or plat thereof, as recorded in Map Book 9, Page 260, of the Public Records of Volusia
County, Florida, lying easterly of South Riverside Drive.
The portion of said "Boston Road" lying easterly of South Riverside Drive and lying westerly
the westerly Mean High Water Line of the Indian River North, being more particularly described
as follows:
Commence at the southwesterly corner of Lot 1, Block 4, said Riveredge Acres; thence North
30° 32' 50" West, along the westerly line of said Lot 1, a distance of 55.20 feet for the Point of
Beginning; thence continue North 301 32' 50" West, a distance of 44.61 feet; thence North 21°
59' 17" West, a distance of 62.14 feet; thence North 161 56' 39" West, a distance of 71.72 feet;
thence 96.25 feet along the northerly line of said "Boston Road" and along the arc of a curve to
the left, said curve being non -tangent to the last described line and having a radius of 50.00 feet,
a central angle of 110° 17' 48" and a chord of 82.06 feet which bears South 71° 55' 06" East to a
point of tangency; thence North 52° 56' 00" East, along the northerly line of said "Boston Road",
a distance of 237.64 feet to the westerly Mean High Water Line of the Indian River North;
thence South 29° 42' 07" East, along said Mean High Water Line, a distance of 26.45 feet;
thence South 33° 55' 30" East, along said Mean High Water Line, a distance of 33.82 feet to the
southerly line of said "Boston Road"; thence South 521 56' 00" West, leaving said Mean High
Water Line and along the southerly line of said "Boston Road", a distance of 275.52 feet to a
point of curvature; thence 72.85 feet along the southerly line of said "Boston Road" and along
the arc of a curve to the left, said curve having a radius of 50.00 feet, a central angle of 83° 28'
50" and a chord of 66.58 feet which bears South 11° 11' 35" West to the Point of Beginning.
2021-R-17