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89-O-13BOOK PAGE 3338 1573 a OLUSIA CO. FL ORDINANCE NO. 89-0-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE - WATER, FLORIDA, VACATING THE TEN FOOT DRAINAGE AND UTILITY EASEMENT ALONG THE SOUTHERLY LOT LINE OF LOT 133 AND THE NORTHERLY LOT LINE OF LOT 134, WILDWOOD SUBDIVISION, UNIT 3, MAP BOOK 38, PAGE 35, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Flor- ida, at a regularly scheduled Council meeting of May 15, 1989, adopted a resolution declaring its intention to vacate the ten foot drainage and utility easement described as follows: The Northwesterly 5' of Lot 134 and the Southeasterly 5' of Lot 133, except theEasterly 10' and except the Westerly 15' of said Lots 134 and 133, Wildwood Sub- division Unit 3, as recorded in Map Book 38, page 35, of the Public Records of Volusia County, Florida, and, WHEREAS, the Public Works Superintendent, and the Director of the Utilities Department of the City of Edgewater, Florida Power 5 Light Company have declared the subject property to be of no use and not needed by the City of Edgewater, and WHEREAS, the right-of-way of any lot owner is not here- by impaired; NOW, THEREFORE BE IT ENACTED BY THE PEOPLE OF THE CITY OF U,EDGEWATER, FLORIDA: r� !c SECTION 1. That the ten foot drainage and utility ease- Sment along the Southerly lot line of Lot 133 and the Northerly �f u= mlot line of Lot 134, Wildwood Subdivision, Unit 3, Map Book 38, 6 Page 35, of the Public Records of Volusia County, Florida, is 00 hereby released and vacated by the City Council of the City of Edgewater, Florida. SECTION 2. That all right, title and interest held by the Kew, City of Edgewater, Florida, is hereby released, pursuant to law, c�i�+ O zW Qo the grantor or grantors, or successors in title, owning, ad- 05 o:>g �D CrjJoining land to said property. CYS a O SECTION 3. That the City Clerk is hereby directed to com- a. ply with the notification, publication and advertisement proce- dures provided in Section 112 of the City Charter and applicable BKOK PAGE 3�St8 1574 VOLU51A CO. FL State Statutes. SECTION 4. That all ordinances or parts of ordinances and all resolutions in conflict herewith, be and the same are hereby repealed. SECTION 5. If any section, part of a section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. SECTION 6. This Ordinance shall take effect immediately upon its adoption by the City Council of the City of Edgewater, Florida, and approval as provided by law. This Ordinance was introduced by Councilwoman Bennington This Ordinance was read on first reading and passed by a vote of the City Council of the City of Edgewater, Florida, and approval as provided by law, at a regular meeting of said Council held on the 15th day of May , 1989. The second reading of this Ordinance to be at a regular meeting of the City Council of the City of Edgewater, Florida, to 17th be held on the 'M day of July , 1989. ROLL CALL VOTE ON ORDINA NO. 89-0-13 SECOND READING: 114 ��� 2 Ord. No. 89-0-13 BOOK PAGE n 33U. 1535 %IOLUSIA CO. PE. Emil ',� "i>91C�din ance read and adopted on second reading at a �;�h meeting of the City Council of the City o Edge- "w t f,g orida, and authenti ted this J7 day of , 1989 Mayor This Ordi ce ar by- Cit torney 3 Ord No 89-0-13 099600