2023-R-27- Deering Park Vacation10/27/2023 8:47:50 AM Instrument #2023219111 #1 Book:8477 Page:470
RESOLUTION 2023-R-27
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, VACATING A PORTION OF THE 200-
FOOT+/- RIGHT-OF-WAY LOCATED WEST OF
INTERSTATE 95, KNOWN AS WEST INDIAN RIVER
BOULEVARD/OPOSSUM CAMP ROAD;
AUTHORIZING THE EXECUTION OF AN ACCESS
EASEMENT AGREEMENT; PROVIDING FOR
FILING WITH THE VOLUSIA COUNTY CLERK OF
THE CIRCUIT COURT AND THE VOLUSIA
COUNTY PROPERTY APPRAISER; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY AND
APPLICABILITY AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Glenn Storch applied on behalf of Farmton North, LLC and Farmton Deering
Park, LLC, to vacate a portion of the 200 -foot t right-of-way located west of Interstate 95 known
as West Indian Boulevard/Opossum Camp Road being more particularly described in Exhibits "A"
and "B"; and
WHEREAS, the City previously solicited and received contribution of right-of-way from
adjoining property owners to allow the extension of IRB in a westerly direction from Interstate 95,
including right-of-way that will no longer be built based on the approved zoning for this area, and
WHEREAS, Said vacation shall provide for the dedication of a new right of way for the
extension of Indian River Boulevard upon construction and acceptance by the City of said IRB
extension and that an easement in favor of the City shall remain to access any wellfields along
Opossum Camp Road of the Farmton parcel as indicated in the Right -of -Way Vacation and
Realignment Agreement, attached hereto and incorporated by reference as Exhibit "C".
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
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Instrument #2023219111 #2 Book:8477 Page:471
by an advertisement that was published in the Daytona Beach News -Journal on September 28,
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 I -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 that portion of the right-of-
way 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 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 that portion of West Indian River
Boulevard being more particularly described in Exhibits "A" and `B". The subject property will
vest in the adjacent property owners, free and clear of any rights of the City.
Section 3. Right -of -Way Vacation and Realignment Agreement. The City Council
hereby authorizes the City Manager to execute the Agreement attached as Exhibit "C".
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Instrument #2023219111 #3 Book:8477 Page:472
Section 4. 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 5. Conflicting Provisions. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 6. 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 7. Effective Date. This Resolution shall become effective immediately upon
passage and adoption.
PASSED AND DULY ADOPTED this � day ofCCIbeir, 2023.
Diezel Depew, Mayor
ATTEST:
BoA.to q, r -
C, City Clerk
. .p
) AN iPPROVED•
Aaron R. WoCYAttorne
Y
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Instrument #2023219111 #4 Book:8477 Page:473
EXHIBIT "A"
LEGAL DESCRIPTION
A PCRTJOV OF TIPS LAMAS aESCR+8ED W ( 9RCfAL RECORDS 80010 7272 PAGE 1274, OF Ttff PUBLIC RECORDS OF
�MUSIA COUNTY. FLORIDA, LOCATED W XV?CN 6. 7OtfA151iIP IS SOUTH, RANGE 34 LAST, 1MtMA COUNTY, FLORIDA.
DESCRIBED AS FOU01M
MAENM AT rw souTtffAST CORNER OF sEcwN 6� Towvs RrP 18 sourit RANGE 34 EAST, VQLtlSM COUNTY,
FLORIDA, RM TKENCE S89'44'56'W ALONG 7t$' SOtIJRi LAYS OF THE SOUNEAST 1/4 OF SAID SWIM 6, A DISTANCE
OF 1555.54 FET TO RIE POWT OF BECINNAVQ THEIVLE CONTINUE S8944'567W ALOW RIE SOUTH LME OF Ttf`
SOUTREAST 1/4 OF SAID %CT)OV 6. A DISTANCE OF 584.05 FEET TO A POAVT ON Tf{F SOUTN.FRLY fXT--VSION OR: TIIE
ICST BOUNDARY OF Rf LANDS OESCRIBED W OFFICIAL RECORDS BOOK 6764 PAGE 4197, ALSO 6fAG WE EAST LAVE
OF Tif LANDS DESCRSED W OfF1WAL RECORDS BOOK 7284. PALE J364. OF RIE PUBLIC RECORDS OF VOLUSIA COUNTY,
FLORIDA: Tt$NCE DfPARTAVG SAID SOUTH LINE RUN AW75104 s. ALONG SAID SOUTI,'ERLY EXTENSION OF TOE REST LAC
A 957ANCi OF 260.00 R EET TO A POINT ON r# NORTH LAV£ OF 7WE fX/STW ,NORTH RfONT-OF-WAY 0E OF WDIAN
M49? OMEVARD (STATE ROAD NO. 442/0POSSUM CARP ROAD) AS RECOMED 7N 07VAL ILFCCRDS BOW 7272 PAGE
1214. SW PWVC RECORDS' ROWIF S89.4456Z ALONG SAID NOI4R4 RGHT-OF WAY M A DISTANCE OF 581.04
FEET,' RdDEPARTING SAID NWrH Lltff RLAV SOO'1S141I& A DISTANCE OF 200.02 FET 7D THE POINT OF 8EGiNNM
SAID LANDS CONT ONX 2.675 ACRES MORE LW LESS.
A PART OF SECTION 6. TOWSHIP 18 SOUTN RANGE 34 EAST VaUS/A COUNTY FLORIDA,
DESCRIBED AS FOLLOWS:
FROM THE SOUTHEAST CORNER OF SAID SEC77ON 6, RUN N.89 -4456-W, ALONG THE SOUTH LINE
OF SAID SEC77ON 6, A DISTANCE OF 2139.59 FEET TO THE POINT OF BEGINNING, • THENCE
CONTINUE 1+1.8944'56"W., ALONG SAID SOUTH LINE, A DISTANCE OF 842.87 FEET THENCE
N.$945'01"W., ALONG SAID SOUTH LINE, A DISTANCE OF 298240 f£ET TO THE SOUTHAEST
CORNER OF SAID SECTION 6, THENCE N85V606"E., A DISTANCE OF 2228.95 FEET 7HENCE
589 45 01 f , PARALLEL W H THE SOUTH LINE OF SAID SECTION 6, A DISTANCE OF 762.44
FEET- THENCE 58944561E, PARALLEL W7H THE SOUTH LINE OF SAID SECTION 6, A DISTANCE
OF 842.87 FEET- THENCE S00'1504'W, ALONG THE NEST LINE OF THAT PROPERTY DESCRIBED
IN OFFICIAL RECORDS BOOK 6768, PACE 4191. OF TIAL PUBLIC RECORDS OF VOLUSIA COUNTY,
FLORIDA, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 12.467 ACRES.
A PORTION OF TIME LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 7284, PAGE 3370, BOOK
7406, PAGE 1812 AND BOOK 7406, PAGE 1820, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,
FLORIDA, LOCATED IN SECTION 7, TOWNSHIP 18 SOUTN, RANCE 34 EAST, WtVSlA COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
A PART OF SECTION / TOWSHIP 18 SOUTH, RANGE 34 £AST. VOLUSIA COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS
FROM 7HE NORTHEAST CORNER OF SAID SECTION 7, RUN N89'4456 -W, ALONG THE NORTH LINE
OF SAID SEC7?ON 7, A DISTANCE OF 2982.46 FEET THENCE N.8945'01 "W., ALONG THE NOR77j ,
LINE OF SAID SECTION 7. A DISTANCE OF 737.20 TO THE POINT OF BEGINNING' ^ PffNCE
CONTINUE N.894501 "W., ALONG SAID NORTH LIN£, A DISTANCE OF 2225,20 c4i T TO THE
NORTHiWST CORNER OF SAID SECTION 7, THENCE $.0178'45 E, ALONG THE IWStT LINE OF SAID
SEC77ON 7, A DISTANCE OF 200.02 FEET THENCE DEPAR77AJG SA1D VEST LlI RUN
M.8 -5106'061E. A DISTANCE OF 2228.15 FELT TO THE POINT OF BECINNINC.
CONTAINING 5.106, ACRES.
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Instrument #2023219111 #6 Book:8477 Page:475
EXHIBIT "C"
RIGHT OF WAY VACATION AND REALIGNMENT AGREEMENT
The Parties, FARMTON NORTH, LLC, a Delaware limited liability company, (hereinafter
"FARMTON") and the CITY OF EDGEWATER, a Florida municipal corporation, (hereinafter
"EDGEWATER") agree as follows:
WHEREAS, EDGEWATER adopted the Deering Park North PUD, which changed the
alignment for Indian River Boulevard ("IRB") from a direct west direction to northwest direction
and tied it into the new Williamson Boulevard right-of-way. Said concept plan alignment is
attached hereto as Exhibit "A"; and
WHEREAS, EDGEWATER previously solicited and received contribution of Right of
Way from adjoining property owners to allow the extension of IRB in a westerly direction from
Interstate 95, including Right of Way that will no longer be built based on the approved zoning for
this area. A description and sketch of said donated right of way that is no longer required for the
construction of Indian River Boulevard is attached and incorporated hereto as Exhibit B, and
WHEREAS, FARMTON is in the process of amending the permits for the Deering Park
North project, consistent with the terms of the Deering Park North PUD and as such needs to
determine what areas will be developed as roadway and paved impervious surface, and
WHEREAS, the parties desire to provide for the substitution and vacation of the
previously donated right of way provided prior to the approval of the Deering Park North PUD in
exchange for appropriate right of way for the extension of Indian River Boulevard as provided for
in the conceptual plan shown in the attached Exhibit A, and
WHEREAS, EDGEWATER shall require dedication of right of way subsequent to
construction of the Indian River Boulevard extension shown in Exhibit A, and the parties desire to
confirm by agreement that said right of way shall be dedicated upon completion of construction
and acceptance by EDGEWATER, and
WHEREAS, permitting will require the ownership of the subject property by FARMTON,
including the right of way shown in Exhibit B, to be determined prior to construction of Indian
River Boulevard as provided in Exhibit A, and thus will be requesting vacation of the area shown
in Exhibit B as part of this agreement and with the specific agreement to provide such extension
of right of way in the planned area shown in Exhibit A and, in addition,
WHEREAS the parties agree that Edgewater owns existing and future potable water
supply well sites and associated infrastructure along the right of way of Opossum Camp Road of
the FARMTON parcel, which is to be vacated, and,
WHEREAS the parties confirm and agree that after the right of way is vacated,
EDGEWATER will continue to own all of the well sites, and associated infrastructure and an
access easement to said well sites and infrastructure, and,
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Instrument #2023219111 #7 Book:8477 Page:476
WHEREAS it is contemplated that FARMTON will donate additional well sites, the
parties also confirm and agree that those well sites and associated infrastructure will be owned
by Edgewater upon such transfer by dedication or deed, and, and with access to such additional
well sites and infrastructure, added to this agreement, and,
THEREFORE, the parties agree as follows:
1. FARMTON shall file for a vacation of the previously donated right of way that will
be unused for the extension of Indian River Boulevard as shown in Exhibit B hereinabove.
2. Said vacation shall include conditions that provide for the dedication of a new right
of way for the extension of Indian River Boulevard upon construction and acceptance by
EDGEWATER of said IRB extension and FARMTON specifically stipulates and agrees to this
condition in the event the vacation of right of way is granted.
3. The Parties agree that an easement in favor of EDGEWATER shall remain to access
any wellfields along Oppossum Camp Road of the FARMTON parcel.
4. The Parties agree that this agreement shall be attached as a record of such
conditions to any vacation approved by the City Council of EDGEWATER.
5. Prior to the approval of such vacation, and upon request, EDGEWATER, shall
provide notice to St. Johns Water Management District of the status of said vacation of right of
way and of this agreement request for substitution of right of way alignments.
6. FARMTON agrees to execute the Easement Agreement, attached as Exhibit C, in
favor of EDGEWATER which grants. EDGEWATER the continuing ownership and right to use
both existing, and any future well sites transferred to the City, within the proposed easement area
and an easement for the use of all associated infrastructure therein, and specifically grants to the
City of EDGEWATER an access easement, as legally described therein, to allow the City of
Edgewater the ability to access, operate, service and maintain the potable water well sites and all
associated infrastructure.
IN WITNESS WHEREOF, each of the undersigned has executed this Agreement on behalf
of the respective Party set forth below pursuant to the authority granted to each of the undersigned
in the action by which each Party approved and adopted this Agreement.
CITY OF EDGEWATER
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P�iu. Q A
Date: r OlZi--12-3
2023-R-27
Instrument #2023219111 #8 Book:8477 Page:477
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me, by means ofhysical presence or U
online notarization, thisa&May of , 2023, by ViAn bu
and respectively, on behalf of the City of Edgewater, who
acknowledge that they are duly authorized to execute the foregoing Agreement on behalf of the
City. They are NJ -personally known to me, or U have produced
as identification.
SONNIEaOTNIK
common HN 220382
Eow September 13, 2024
STATE OF _
COUNTY OF
k WIMINNOMWILMe
Type or print name:
Commission No.:
FARMTON NORTH, LLC
LL�By:
David C. uechtman, anager
Date: 10 (2 0 /2
The foregoing instrument was acknowledged before me, by means of N physical presence or L]
online notarization, this 2 o day of _A ()Cc 61,, , 2023, by David C. Fuechtman,
Manager, as Manager of Farmton North, LLC, who acknowledges that he is duly authorized to
execute the foregoing Agreement. He is W personally known to me, or [_j has produced
as identification.
OFFCML8E�l
SHELBY KBIM
MNMNJ" STATE OF 111110W
2023-R-27
W" wkx�
TARY PUBLIC
Type or print name: Shfj6y Kel laf
Commission No.:
Instrument #2023219111 #9 Book:8477 Page:478
Exhibit "A"
- P�iAsF -I
IVACATE UMn
"2
- W
.WEST SIDE VACATE
FAST SIDE NO VACATE
PH1�SE ,
HASE
PHASE
�SOM WM3-DW
2023-R-27 9
Instrument #2023219111 #10 Book:8477 Page:479 Laura E. Roth, Volusia County Clerk of Court
Exhibit "B"
A PM770M OF 111E LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 7272, PAGE 1214, OF THE PUBLIC RECORDS OF
VOLUSM COUNTY, FLORIDA, LOCATED IN SECTION 6, 7VKfV IP 18 SOUTH, RANGE 34 £AST, VCLURA COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SEC17ON 6, 70W WP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY,
FLORIDA, RUN THENCE S894456W ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 8, A DISTANCE
OF 1555.54 FEET TD 7HE POINT OF BEGINAWar THENCE CANIINU£ S894456'W ALONG THE SOUTH LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION E A DISTANCE OF 584.05 FEET TO A POINT ON THE SOUTNMY EXIENSfON OF THE
WEST BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 6768, PAGE 4191, ALSO BEING THE EAST UNE
Or THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 7184, PAGE 3364, OF THE PUBLIC RECORDS OF MY -USIA COUNTY,
FLORIDA; THENCE DEPAR77NG SAID SOUTH UNE, RUN N0075'04"Z ALONG SAID SOUTHERLY vmNSTON OF THE ASST LINE,
A DISTANCE OF 200.00 FEET TO A POINT ON THE NORTH LIN£ OF INE £XISTTNG NORIH RIGHT-OF-WAY LINE OF INDIAN
RIVER BOULEVARD (STATE ROAD NO. 44210POSSUM CAMP ROAD) AS RECORDED IN OFFICIAL RECORDS BOOK 7272 PAGE
1214 SAID PUBIC RECORDS; IHENCE S89W 56% ALONG SAID NORM RIGHT-OF-WAY UNE A DISTANCE OF 581.04
FEET; THENCE DV AR7ING SAID NORTH LINE RUN SO0 J6'41 E A DISTANCE OF 20b 02 FEET TD IHE POINT OF B£GINNINC2
SAID LANDS COYTANING 2.675 ACR" MORE O4 LESS.
A PART OF SECTION 6, TOWNSHIP 18 SOUT7•l, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
FROM THE SOUTHEAST CORNER OF SAID SECTION 6, RUN N.89'4456"W., ALONG THE SOUTH LINE
OF SAID SEC77ON 6, A DISTANCE OF 2139.59 FEET TO THE POINT OF BEGINNING, • THENCE
CONTINUE N.8944'56"W., ALONG SAID SOUTH LINE, A DISTANCE OF 842.87 FEET, THENCE
N.89'45'01 "W, ALONG SAID SOUTH LINE, A DISTANCE OF 2982.40 FEET TO THE SOUTHWEST
CORNER OF SAID SEC77ON 6; THENCE N.85V6'06"E., A DISTANCE OF 2228.95 FEET THENCE
S.89451011E., PARALLEL WITH THE SOUTH LINE OF SAID SECTION 6, A DISTANCE OF 762.44
FEET; THENCE 58914456"E., PARALLEL WITH THE SOUTH UNE OF SAID SEC77ON 6, A DISTANCE
OF 842.87 FEET; THENCE 5.0075'04"W., ALONG THE WEST LINE OF THAT PROPERTY DESCRIBED
IN OFFICIAL RECORDS BOOK 6768, PAGE 4191, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,
FLORIDA, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING•
CONTAINING 12.467 ACRES.
A PORTION OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 7284, PAGE 3370, BOOK
7406, PAGE 1812 AND BOOK 7406, PAGE 1820, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,
FLORIDA, LOCATED IN SECTION 7, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS.
A PART OF SECTION 7, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS.
FROM THE NORTHEAST CORNER OF SAID SECTION 7, RUN N,8944'56"W., ALONG THE NORTH LINE
OF SAID SECTION 7, A DISTANCE OF 2982.46 FEET; THENCE N.89 45 Ol "W., ALONG THE NORTH
UNE OF SAID SECTION 7, A DISTANCE OF 757.20 TO THE POINT OF BEGINNING; THENCE
CON77NUE N.89 -45-01-W, ALONG SAID NORTH UNE, A DISTANCE OF 2225,20 FEET TO THE
NORTHWEST CORNER OF SAID SEC77ON 7; THENCE S.0128'45 E, ALONG THE WEST UNE OF SAID
SEC770N 7 A DISTANCE OF 200.02 FEET THENCE DEPARTING SAID WEST LINE, RUN
N.85106 06 £, A DISTANCE OF 2228.15 FEET TO THE POINT OF BEGINNING.
CONTAINING 5.106, ACRES.
2023-R-27 10