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97-R-09 , . 1J5.5D~ ;::,s,\/ '\ . -, RESOLUTION NO. 97-R-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA, ABANDONING A PORTION OF STARBOARD A VENUE LYING EASTERLY AND ADJACENT TO US HIGHWAY NO.1; PROVIDING THAT EACH ABUTTING PROPERTY 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; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida has made the following determinations: 1. Radnor/Edgewater, Inc. has requested the abandonment of a portion of Starboard Avenue lying easterly and adjacent to US Highway No.1. 2. A public hearing was held on April 21, 1997, after notice of the request was published in The News-Journal on April 9, 1997, and notifying by mail all property owners who own real property directly affected by the proposed action and all property owners who own real property within 500 feet of the subject property. 3. The City Council has determined that it is in the best interests of the citizens of Edgewater to approve the requested abandonment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: ***Note - the original executed version of this Resolution was found to be misplaced & not recorded. Therefore, this document is being executed by the current City officers on January 17, 2008 and forwarded for recording into the public records of Vol usia County. 97-R-09 "'OCC5'g OJo~';::J (CIa"'!::: ro"~N .. II r-+ g =Ill: o c.v0')~;:, CXl...l@~ o)O)cb~ c.nN-'3: ~ 0') , (X) "*' "1. N "* ~NCO 9roro g'"'"ro NCO(l') "* ~ 11'1 !! ~ Q.l LoOal +-'0(0 !iCOc. . . Section 1. Subject to the conditions set forth in Section 2 below, the following described portion of Starboard Avenue is hereby abandoned: A portion of Starboard A venue, a 50 foot wide right-of-way as shown on the plat of Edgewater Landing Phase II, as recorded in Map Book 43, Pages 31 through 33, being more particularly described as follows: Begin at the Southwest corner of Parcel "0", said Edgewater Landing Phase II, also being on the Easterly right-of-way line of U. S. Highway No.1, a 158.00 foot wide right-of-way, and also being on the Northerly right-of-way line of said Starboard A venue; Thence along the said Northerly right-of-way line of Starboard A venue N 80036'23" E, a distance of 251.60 feet, thence along the Southerly prolongation of the line common to Lot 295 and said Parcel "D", said Edgewater Landing Phase II, S 15052'03" E, a distance of 50.32 feet, to the Southerly right-of-way line of said Starboard Avenue, being the Northerly line of Parcel "E", said Edgewater Landing Phase II; thence along said Southerly right-of-way line of Starboard Avenue S 80036'23" W, a distance of 251.60 feet, to the said Easterly right-of-way line ofU. S. Highway No.1; thence along the said Easterly right-of-way line of U. S. Highway No.1, N 15052'03" W, a distance of 50.32 feet to the POINT OF BEGINNING. Containing 12,803 square feet (0.29 acres), more or less. Section 2. This abandonment is specifically conditioned upon satisfaction of the following items: a. The Association of Edgewater Landing Owners, Inc. shall grant to the City a perpetual easement over that the abandoned portion of Starboard A venue described in Section 1 for the purpose of providing access to emergency vehicles. Prior to recording, the easement shall be approved as to form and correctness by the City Attorney. b. The Association of Edgewater Landing Owners, Inc. shall be responsible for maintaining the abandoned portion of Starboard Avenue described in Section 1 in a manner consistent with the City's maintenance of the remainder of Starboard A venue. c. The Association of Edgewater Landing Owners, Inc. shall replace the existing gate at the intersection of US 1 and Starboard Avenue with a mechanized gate. The gate 97-R-09 2 .. "" ... ~ ~Nt'-- 9COCO S","CO C'lCCM ... ~ II I' f.i ~ Q) cOOl +-'0(0 .sCCll . . shall have an uninterruptible power supply and vehicle sensor installed in the roadway east of the gate which will activate the gate to open when the gate is approached from within Edgewater Landings. In conjunction with mechanized gate, The Association of Edgewater Landing Owners, Inc. shall purchase, install, and maintain a Knox box pursuant to the specifications established by the Department of Fire and Rescue Services. The Knox box shall enclose a keyless, non-programmable roadside switch to open the gate. Section 3. Upon abandonment, each abutting fee owner takes title to the center of the right-of-way. Section 4. Upon adoption and satisfaction of the conditions set forth in Section 2, notice thereof shall be published within thirty (30) days in The News-Journal. Thereafter proof of publication of the notice of public hearing, proof of publication of the notice of adoption and a copy of this resolution shall be recorded in the Public Records of Volusia County. A copy of the resolution shall also be filed with the V olusia County Property Appraiser and the Mapping Division of the Volusia County Growth Management Department. 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 recording. After motion by Councilman Hays and Second by Councilman Mitchum, 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 97-R-09 3 C X PASSED AND DULY ADOPTED this 2 V day of April, 1997. ATTEST: Susav3. Wadmotth Lisa Bloomer 97—R-09 Irstrmentt 200D-01M \ 4 Book: 6182 Page: 3888 Diane H. Matousek Volusia County, Clerk of Court CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Z IL,-- . Michael Thomas Ma or APPROVED FOR FORM & CORRECTNESS: ooja� ictistaAlstotey Carolyn S. Ansay City Attorney ***Note - the original executed version of this Resolution was found to be misplaced & not recorded. Therefore, this document is being executed by the current City officers on January 17, 2008 and forwarded for recording into the public records of V olusia County.