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RESOLUTION 94-R-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, ABANDONING A TWENTY
FOOT PORTION OF THOMAS STREET SUBJECT TO THE
GRANTING OF A 10 EASEMENT TO THE CITY BY R.P.
AND LILLIAN DAVISWORTH FOR UTILITY, STORNWATER
AND/OR PUBLIC WORKS PURPOSES; PROVIDING THAT
EACH ABUTTING FEE OWNER TAKES TITLE TO THE
CENTER OF THE RIGHT-OF-WAY; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION IN THE PUBLIC
RECORDS OF VOLUSIA COUNTY AND FILING WITH THE
VOLUSIA COUNTY PROPERTY APPRAISER; REPEALING
ALL RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. R.P. and Lillian Davisworth requested the abandonment of
twenty-five (25) feet of Thomas Street adjacent to the Davisworth's
property on the northwest corner of Thomas Street and Riverside
Drive.
2. A public hearing was held on April 18, 1994, after notice
of the request was published in the Daytona News -Journal on April
4, 1994, and the adjoining property owners were notified in a
letter dated March 31, 1994.
3. At that time the City Council determined that abandonment
of twenty (20) feet of Thomas Street was justified. However, the
abandonment would be conditioned upon the granting of a ten (10)
foot easement for utility, stormwater and/or public works purposes
by the Davisworths. The Council also directed Staff to offer the
other property owners on the northern side of Thomas Street the
same opportunity for an additional ten (10) feet of property,
subject to the granting of the easement.
4. Since only two of the five other property owners responded
favorably to the City's offer, only the abandonment of twenty (20)
feet of Thomas Street adjacent to the Davisworths' property is
approved.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Edgewater, Florida:
Section 1. Subject to the condition set forth in Section 2
below the following described portion of Thomas Street is hereby
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Diane M. Matousek
Volusia County, Clerk of Court
abandoned:
The Northerly 20.00 feet of that portion of
Thomas Street lying southerly of and adjacent
to Blocks 9 and 10 and First Street lying
between said Blocks 9 and 10, Totem Park, a
subdivision according to map thereof recorded
in Map Book 4, page 46 of the Public Records
of Volusia County, Florida.
Section 2. This abandonment is specifically conditioned upon
the granting of a ten (10) foot easement to the City by R.P. and
Lillian Davisworth for utility, stormwater, and/or public works
purposes.
Section 3. Upon abandonment, each abutting fee owner takes
title to the center of the right-of-way.
Section 4. Upon adoption and compliance with the condition of
abandonment set forth in Section 2, this resolution shall be
recorded in the Public Records of Volusia County and filed with the
Volusia County Property Appraiser.
Section 5. All resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 6. This resolution shall take effect upon adoption.
After Motion by Councilman Mitchum and Second by Councilman
Hays, the vote on this resolution was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Danny K. Hatfield AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 5th day of December, 1994.
ATTEST:
94-R-08 2
CITY COUNCIL OF THE
CITY O OENATER, FLORIDA
By: 7mi
ack H.7
. a san,
ayor
APPROVED FOR
-
RFORM & CORRECTNESS:
Y�
ista A. Storey
City Attorney
001502