2023-R-13 - Easement Vacation 1593 Delphi Way 7/7/2023 11:03:42 AM Instrument#2023137905#1 Book:8429 Page:3639
/00ft'\ RESOLUTION 2023-R-13
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, VACATING 1.1-FEET OF A SIDE YARD
DRAINAGE, EASEMENT LOCATED ON LOT 93
(AKA 1593 DELPHI WAY) OF THE OAK LEAF
PRESERVE SUBDIVISION (PARCEL ID NUMBER
7453-01-00-0930), AUTHORIZING RECORDING;
REPEALING RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY
AND APPLICABILITY AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Matthew Stolz applied on behalf of D.R. Horton;and
WHEREAS, the City has no objection to the vacating 1.1-feet of the side-yard drainage
easement, 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 June 22,2023;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 2 I (Land Development
Code), Article IX (Application Procedures), Section 2 1 -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 1.1-feet of 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 1.1-feet of said easement.
NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Edgewater,
/°'t\
Florida:
2023-R-13 1
Instrument#2023137905#2 Book:8429 Page:3640
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 1.1-feet of the drainage easement,
being more particularly described in Exhibits "A". The subject property will vest in the property
owners of Lot 93 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. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
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 b. Effective Date. This Resolution shall become effective immediately upon
passage and adoption.
2023-R-13 2
Instrument#2023137905#3 Book:8429 Page:3641
PASSED AND DULY ADOPTED this, r` ! day of . L� �� 2023.
E f
�r
_A1'TEST• [�' �i �rinir� �t�.�/14-~tor
r A
Bonnie Zlotnik MC, City Clerk
REVIEWED AND APPROVED:
Aaron R. Wolfe, itylAttorney
2023-R-13 3
Instrument#2023137905#4 Book:8429 Page:3642
EXHIBIT"A"
2023-R-13 4
Instrument#2023137905#5 Book:8429 Page:3643 Laura E. Roth,Volusia County Clerk of Court
One and One - Tenth (1.1) Foot Easement Abandonment From A Seven and
One - Half(7.5) Foot Drainage and Utility Easement For Lot 93 Of The Oak
Leaf Preserve Subdivision, Phase 2
Being the easterly most 1.1 foot wide portion of the existing 7.5 foot wide drainage and utility
easement being parallel to the western property line of Lot 93, situated in the Oak Leaf Preserve
Subdivision located in the City of Edgewater,Volusia County, Florida, Section 53,Township 17
South, Range 34 East and Section 36,Township 17 South, Range 33 East, being more fully
described as follows:
Commencing at the centerline intersection of Delphi Way (50.00 foot right-of-way)and Red
Rock Road(50.00 foot r/w); thence South 58°43'50" West,a distance of 137.71 feet to a point
being the northeast property corner of Lot 93 of said subdivision;thence coincident with the
northern property line of Lot 93,also being the southern r/w line of Delphi Way(50.00 foot r/w)
South 69°11'24" West, a distance of 45.00 feet to a point, said point also being the POINT OF
BEGINNING,-
Thence
EGINNING;Thence leaving said r/w line of Delphi Way (50.00 foot r/w) South 20°48'36" East,a distance of
120.00 feet to a point;
!"1 Thence coincident with the southern property line of Lot 93 South 69'11'24" West, a distance of
1.10 feet to a point;
Thence parallel with the western property line of Lot 93,North 20048136" West,a distance of
120.00 feet to a point;
Thence coincident with the northern property line of Lot 93, also being the southern r/w line of
Delphi Way (50.00 foot r/w)North 69°11'24"East,a distance of 1.10 feet to a point, said point
being the POINT OF BEGINNING: having a calculated area of 0.003 acres,more or less.