2026-R-02 - Vacate Hibiscus Drive2/3/2026 2:32:01 PM Instrument #2026020275 #1 Book:881 0 Page:2562
RESOLUTION 2026-R-02
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, TO VACATE HIBISCUS DRIVE SOUTH
OF 30""' STREET AND A PORTION OF 31s" STREET;
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, Kevin Kyle has applied on behalf of Kevin and Tiffany Kyle Revocable Trust
to vacate the southern portion of Hibiscus Drive and 3 Vt Street, being more particularly described
in Exhibits "A" and "B"; and
WHEREAS, the vacation shall not impede access, preserving Hibiscus Drive for the Gas
Station, Restaurant, and Self -Storage facility and the vacation will enable the development of the
vacant property at the intersection of Hibiscus Drive and 3 Vt Street; 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 20th,
2025;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 1 (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 vacating said right-of-way will not affect
the ownership or access of persons owning adjacent property; and
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WHEREAS, the City Council of the City of Edgewater finds that it is in the best interest
of the city to vacate 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 said easements 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 demonstrated in Exhibits "C", "D", "F",
and "E".
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
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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. Effective Date. This Resolution shall become effective immediately upon
passage and adoption.
Z�
PASSED AND DULY ADOPTED this day of 12026.
Diezel Depew, Mayor
ATTEST:
Sara 6cjg, City Clerk
REVIEWED AND APPROVED:
Aaron R. Wolfe, City Attorney
2026-R-02 3
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EXHIBIT "A�`
LEGAL DESCRIPTION
PORTION OF SECTION 2, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
AS A POINT OF BEGINNING, COMMENCE AT THE SOUTHEAST CORNER OF LOT 7487, BLOCK 245, FLORIDA SHORES SUBDIVISION,
UNIT No. 8. REVISED PLAT, AS RECORDED IN MAP BOOK 23, PAGE 132, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE
N14^50'43^W,ALONG THE WESTERLY R|GHT'OF4NAYLINE 0FHIBISCUS DRIVE, A5OFOOT K|GHT'OF4VAYASSHOWN ONSAID
PLAT, 364.84FEET TOTHE INTERSECTION 0FTHE SOUTH 2.00FEET OFLOT 7498.BLOCK 245.SAID FLORIDA SHORES SUBDIVISION,
UNIT No. DREVISED PLAT; THENCE N68~4G'31^E.ALONG APROJECTION OFTHE SOUTH 2.0OFEET OFAFOREMENTIONED LOT 74QG.
BLOCK 245.bU.82FEET TOTHE EAST R|GHT-OF-WAY0FSAID HIBISCUS DRIVE; THENCE S14°5O'43^E.ALONG THE EAST
R|CHT-OF-WAYOFSAID HIBISCUS DRIVE, 414.85FEET TOTHE NORTH EAST CORNER OFLOT 7480.BLOCK 244.ASSHOWN ONSAID
PLAT OF FLORIDA SHORES SUBDIVISION, UNIT No. 8 REVISED PLAT; THENCE S 68*46'31" W, ALONG THE NORTH LINE OF SAID LOT
7488.BLOCK 244.99.83FEET TOTHE INTERSECTION OFTHE EAST R|GHT'OF-WAYOF|ND|APALM DRIVE, 85OFOOT RIGHT OFWAY
AS SHOWN ON SAID PLAT, THENCE N 21'13'29" W, ALONG THE EASTERLY RIGHT-OF-WAY OF SAID INDIA PALM DRIVE, 50.00 FEET
TO THE INTERSECTION WITH THE NORTH RIGHT-OF-WAY OF SAID THIRTYFIRST STREET, THENCE N 68'46'31" E, ALONG THE
NORTH RIGHT-OF-WAY OF SAID THIRTYFIRST STREET, 55.11 FEET TO THE POINT OF BEGINNING.
CONTAINING 233GS.G4SQUARE FEET OR0.53ACRES, MORE OFLESS
Instrument #2O2GO2O275#5Bonk:8810Paga:25GG
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EXHIBIT C
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EXHIBIT D
DESCRIPTION:
PORTION OF ',SEC7104 2. T0704SHIF 1880,JTR, RANGE 34 EAS-. VOLUSIA 0"OJ4TY. FLORIDA, AND BEING MORE PAR-ICJLARLY
DESCRtSE-3 AS FOLLU&S:
AS A POINT OF BEGINNING, COMMENCE A- THE SOJT'-i=-AST CORNER OF LOT 7487. BLOCK 245, FLORIDA 510RESSUED NfISION.
J41T No. 8 RUISED PIAT, AS RECORDED IN MAP BOOK 23,PAGE 132, PJBLJC RECORDS OF VOLUSUt C0JNTY. FLORIDA: THENCE
4 W5013-W. ALONG THE ASWERLY RIGHT -OF- AY LINE OF HIBISCUS URNIE, A 50 FOOT RIGHT-OF-WAY AS SHUAIN ON SAID
OLA-, W 64 FEET 70 THE IN7ERSECTION OF THE SOUTH 2.0 FEET OF LOT 7481'r. BLOCK 245. SAID FLORIDA IORES SUaDNISION,
,110T No. 8 REViSEDPLA7 THENCE N U'Wl I- E ALONG A PROJECTION OF T-IE SOU'. 4 2.W FEET OF AFOREMENIONED, LOT 74M.
BLOCK 245. 50.32 FEET TO -CIE EA57 RIG-i7-QF-AlAY OF SAID HIBISCJS DRIVE; THENCE 5 14'5043 E. ALONG THE EAST
RIGHT-CF-WAYOF SAID HIBISCUS DRPVE. 3,01 37 FEET: THENCE S 68'4T,11" W. PARALLEL To -HE RLILFH LINE OF LO_ 7407. BLOCK
245, 11(2_06,3 FEE7, TO THE INTERSECTION OF THE EAST RIGHT-OF-WAY OF INDIA PALM DRIVE. A 5D FOOT RICH--OF-WAY AS S-104N
ON SAID PLAT: THENCE N 21'13W IN% ALONG THE EA5TEFZLY RtGH_C1f-NAY OF SAID 114DIA PALM DRIVE. 2.55,00 FE_=_ TO T�,=_
INTERSECTION'6ITH THE NORTH RIGHT-OF4VAY OF SAID THIR7)'F[RaT STREET: THENCE N 60"46'31' E. ALONG 7 HE NORTH
RIGH-OF-WAY Or SAID -HIRTYFIRS7 STREET. 55.11 FEET 70 TI=_ P0114T OF BEGINNING.
CON-AlWNG 213834-83 SQUARE FEET OR &.48 ACRES, MORE OR LESS
GENERAL NOTES:
I) PLA- CONTAIN.`.' ANGLES ONLY. NO BEARINGS BEARINGS AS SHOWN HEREON ARE BASED ON'HE FLORIDA STATE PLANE
COORDINATE SYSTEM. EAST ZCINE GRID. NORTi AMERICAN DATUM Of 1983 JNAD831 W17H 2011 ADJUSTMENT AS DERIVED FR-Of&
THE LENGEMA144SE-7WORK- A TOPCON GNSS NET&ORK. AS A REFERENCE FOR THIS SURVEY. ALONG THE EAST RIGHT-OF-WAY
LINE OF tNrIA PALM DRIVE HWNG A BEARING OF (N 21-11-36" A').
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EXHIBIT E
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Instrument #2026020275 #9 Book:8810 Page:2570 Laura E. Roth, Volusia County Clerk of Court
EXHIBIT F
PORTION OF SECTIO42JUAINARIP 1880JIH. RANGE 34EAS,VOLUSIACOJ4TY. FLORIDA.ANO BEING MORE PAR1C-JLAR1Y
DESORIBED.AS FOLLOW"S:
AS POINT OF COMMENCEMENT. BE G14 AT THE SOU-4EASTCORNER Of LOT748?_ BLOCK 245. FLORIDA SHORES SUBDIVISION.
J41r No. 8, REVISED PLAT AS RECORDED IN MAP BOOK 23, PAGE 132, PUBLIC RECORDS OF VOLUStACOJNTY. FLORIDA: THENGE
568'4611-W. ALONG THE NORTH RIG H--DF-WAYLINE OF 7HIRTYFR'S7 STREE7, A 50FOOT RIGHT-OF-WAY AS SHOT ONSAID
PLA-.55,19FEE' T071Z INTEERSEO 7ION EZA57RIG47-01`-1'tAY LINE OF INDIA PALM DRIVE, A 5CI FOO-RIGHT 01"A'AYAS SHOWN ON
SAL-1 PLAT; THENCE ' ALONG -HE EAS-, RIGH--OF-WAY LINE OF SAID INDIA PALM DRIVE. 25 FEET -'0 A POINT Of
BE31NIVNG, THENGE N 60'46'43'* E. ALONG THE MIDDLE Of SAIV 7HIRTYFIR5 I 4REE7. 10l.4 FEET70 7HE EAS' 3tGH--OF1W%1AY
OF 4IBISCUS DRIVE. A 50 FOOT RIGHT-OF-WAY AS SHOWN BAN 6AID 'LA-: THENCE S 14'50'4;" E. ALONG -HE EAS- RIG-ITOF4VAY
LINE THE SAID HIBISCUS DRIVE, 25 FEET TO THE NOR-HEAS- CORNER Of LOT 7488, BLOCK 244. ASS40WR ON SAID, PLAT OF
FLORIDA SHORES SUBDIVISION, URI-, No 8 REVISED PLAT; THENCE 5 6.0'4631" A', ALONG THE NORTH LINE OF SAID, LOT Wt.
BLOCK 244, W.03 FEE' TO THE INTERW,710N OF -HE EAS- RIGHT-OF2WAY OF SAID INDIA PALM DRIVE. T� ENCE N 21` 137'd-Vi.
ALONG T4i EASTERLY RIGHT-OF-WAY OF SAID INDIA PALM DRIVE. 25,00 FEET TO THE POW OF BEGINNING
CON-AlYNG 2510 0 SQUARE FEE7 OR 0.08 AGREE. MORE OR LESS
1), PLAT CONTAINS ANGLES ONLY. NO BEARINGS BEARINGS AS 84OWN HEREON ARE BASED ON -HE FLORIDA STATE PLANE
C,OOROINATE SYSTEM. EAST ZONE GRID. NORTH AMERICA4 DATUM OF 1983 jNAD83jWi7H 2G1 I ADJUSTMENT AS DERAIED FROM
THE LENGEMANN SIETWORX A TOPOON GLASS NETWORK. AS A REFERENCE FOR TAIS SURVEY, ALONG THE EAST RIGHT -CIF -WAY
LINE OF INDIA zALV DRIVE HAIONG A BEARING OF (N 21--111641.
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