2022-R-02 - 23rd Street Abandonment1/11/2022 2:56:07 PM Instrument #2022007856 #1 Book:8185 Page:4447
RESOLUTION NO. 2022-R-02
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, VACATING A PORTION OF THE 23" STREET
RIGHT-OF-WAY SOUTH OF 2230 SILVER PALM DRIVE;
AUTHORIZING RECORDING; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY AND APPLICABILITY AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Florida Shores Unit 15 was platted in 1957. At the time, the
owner/developer platted a fifty foot (50') right-of-way south of Lot 11395, block 367; and
WHEREAS, the City has no desire/need for the right-of-way and therefore wishes to
vacate the fifty foot (50') right-of-way, being more particularly described in Exhibit "A"; and
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
December 30, 2021; 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 right-of-way.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
2022 -R -o2
Instrument #2022007856 #2 Book:8185 Page:4448
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 the fifty foot (50') right-of-
way, being more particularly described in Exhibits "A". The subject property will vest in the
property owner north and south of said right-of-way, free and clear of any rights of 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.
adoption.
2022-R-02 2
This resolution shall take effect upon
Instrument #2022007856 #3 Book:8185 Page:4449
After Motion to approve by (,Lu-) 1 01 I )- f.�A with
Second by l :C)A' L (..Lk --nr-, 1�i� 1J\�, the vote on this resolution was as follows:
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilwoman Megan O'Keefe
Councilman Jonah Powers
AYE NAY
X
�Cta�ac�
0
PASSED AND DULY ADOPTED this day o , 2022.
CITY COUNCIL OF THE
CITY OF EDGEWATER,
FLORIDA
'c"
ATTEST: P..
Y 0)
i8onniet`ftim•6C
City Clerk
For the use and reliance only by the City of
Edgewater, Florida Approved as to form and
legality by:
Aaron R. Wolfe, Esquire
City Attorney
Doran, Sims, Wolfe & Yoon
Approved by the City Council of the Qty of
Ed ewater at a meeting held on thin ay of
2022 under Agenda Item No
8Q
2022-R-02
Instrument #2022007856 #4 Book:8185 Page:4450 Laura E. Roth, Volusia County Clerk of Court
EXHIBIT "A"
Description
A parcel of land shown in Florida Shores Unit No. 15, according to the map or plat thereof, as
recorded in Map Book 19, Page 216, of the Public Records of Volusia County, Florida and also
shown in Florida Shores Unit No. 16, according to the map or plat thereof, as recorded in Map
Book 19, Page 217 being a unnamed street having a 50 foot platted right of way lying South an
adjacent to Block 367, said Florida Shores Unit No. 15, Map Book 19, Page 216, and Northerly
of and adjacent to Block 380, said Florida Shores Unit No. 16, Map Book 19, Page 217 and
being described as follows: Begin at the Southeast corner of Lot 11395, said Block 367, Map
Book 19, Page 216, being a 5/8"iron rod and cap marked LS#5846, LB#7418 and being in the
Westerly right-of-way of Silver Palm Drive a 50 right of way as now laid out; thence along said
Westerly right-of-way S21 degrees 00 minutes and 00 seconds East (As Measured), a distance of
50.00 feet (Plat) 49.76 feet (As Measured) to the Northeast corner of Lot 11770, said Block 380,
Map Book 19, Page 217, being a 4"X4" concrete monument with no identification; Thence along
the Northerly line of said Lot 11770, Block 380, South 69°00'14"West (As Measured) a distance
of 125 feet (Plat) 125.14 feet (As Measured) to the Northwest corner of said Lot 11770, being a
518" iron rod and cap marked RLS #4165; thence North 20°59'04" West (As Measured), a
distance of 50.00 feet (Plat) 49.58 feet (As Measured) to the Southwest corner of said Lot 11395,
Block 367 and being a 518" iron rod and cap marked LB#7883; thence North 68°55'25" East (As
Measured) 125.00 (Plat) 125.13 feet (As Measured) along the South line of said Lot 11395,
Block 367 to the Point of Beginning.
2022-R-02