93-R-15BOOK PAGE
J881 1108
VOLUSIA CO..FL
RESOLUTION NO. 93-R-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, ABANDONING THAT
UNOPENED PORTION OF THOMAS AVENUE LYING
EASTERLY OF SOUTH RIVERSIDE DRIVE SUBJECT TO
THE GRANTING OF A 25 FOOT EASEMENT ON THE EAST
SIDE OF SOUTH RIVERSIDE DRIVE TO THE CITY BY
R.P. AND LILLIAN DAVISWORTH FOR THE
CONSTRUCTION OF THE RIVERWALK AND AN AGREEMENT
BY EACH ABUTTING FEE OWNER TO LIMIT USE OF THE
RIGHT-OF-WAY UPON ABANDONMENT; PROVIDING THAT
UPON ABANDONMENT EACH ABUTTING FEE 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 AND
FILING WITH THE VOLUSIA COUNTY PROPERTY
APPRAISER; REPEALING ALL RESOLUTIONS IN
CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. In order to resolve an apparent right-of-way discrepancy
effecting the Riverwalk on South Riverside Drive, the City Council
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on May 17, 1993, authorized Staff to initiate the abandonment' co
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of the unopened portion of Thomas Avenue lying easterly of South CD <m
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Aft
Riverside Drive.
2. Such abandonment shall be conditioned upon the granting of
a twenty-five (25) foot easement on the east side of South
Riverside Drive to the City by R.P. and Lillian Davisworth for the
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construction of the Riverwalk and an agreement by each abutting fees K
owner to limit use of the right-of-way upon abandonment. rn �x
3. It is in the best interests of the citizens of Edgewater— tom
3 ^�
to approve the abandonment of the unopened right-of-way.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the CityN of Edgewater, Florida:
Section 1. Subject to the conditions set forth in Sections 2
and 3 below the following described unopened portion of Thomas
Avenue is hereby abandoned:
The Northerly one-half of that portion of Thomas Avenue
lying Easterly of South Riverside Drive (formerly known
as Riverview Drive) lying Southerly of the Easterly
prolongation of the South line of Block 10 and lying
Northerly of the Easterly prolongation of the Northerly
line of Block 1, Totem Park Subdivision, as recorded in
93-R-15 1
~:'
BOOK
3881
PAGE
1109
,-
Map Book 4, Page 46
County, Florida, all
Water Line.
vnLUSIA CO.. FL
of the Public Records of Volusia
lying Westerly of the Mean High
"
and
The Southerly one-half of that portion of Thomas Avenue
lying Easterly of South Riverside Drive (formerly known
as Riverview Drive) lying Southerly of the Easterly
prolongation of the South line of Block 10 and lying
Northerly of the Easterly prolongation of the Northerly
line of Block 1, Totem Park Subdivision, as recorded in
Map Book 4, Page 46 of the Public Records of Volusia
County, Florida, all lying Westerly of the Mean High
Water Line.
Such right-of-way is described in that certain boundary survey by
Daniel W. Cory dated July 12, 1993, W.O.#93-06-011, which is
incorporated by reference.
Section 2. This abandonment is specifically conditioned upon
the granting of a twenty-five (25) foot easement on the east side
of Riverside Drive to the City by R.P. and Lillian Davisworth for
the construction of the Riverwalk .
Section 3. This abandonment is specifically conditioned upon
an agreement by each of the abutting fee owners to limit use of the
right-of-way upon abandonment.
A copy of the Thomas Avenue
Agreement executed by each abutting fee owner is attached hereto
and incorporated by reference.
Section 4.
Upon abandonment each abutting fee owner takes
title to the center of the right-of-way.
Section 5. Upon adoption and compliance with the conditions
of abandonment established in sections 2 and 3, this resolution
shall be recorded in the Public Records of Volusia County and shall
be filed with the Volusia County Property Appraiser.
Section 6.
All resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 7. This resolution shall take effect upon adoption.
After Motion by Councilman Hays and Second by Councilman
Jones, the vote on this resolution was as follows:
Mayor Jack H. Hayman, Sr.
AYE
Councilman Kirk Jones
AYE
Councilwoman Louise A. Martin
AYE
93-R-15
2
Councilman Mike Hays
Councilman David L. Mitchum
300K PAGE
3bu7 1710
VOLWA CO..FL
AYE
AYE
PASSED AND DULY ADOPTED this 19th day of July, 1993.
93-R-15
3
CITY COUNCIL OF THE
CITY OP EDGEWATER, FLORIDA
By:
Jack H. H n, Sr.
Hayor
APPR ED FOR FORM & CORRECTNESS:
Rrista A. Storey
City Attorney
191874
(.
BOOK PAGE
3887 1714
VOLUSIA CO..FL
~r
THOMAS AVENUE AGREEMENT
THIS AGREEMENT made and entered into this ~ +h day of
O:tch ~ ./QQ"3 by and between, the CITY OF EDGEWATER, FLORIDA, a
I
municipal corporation (hereinafter referred to as "City") and R.P
DAVISWORTH and LILLIAN L. DAVISWORTH, his wife (hereinafter
referred to as "Owners").
WHEREAS, Owners are the owners of certain land located
adjacent to South Riverside Drive in Edgewater, Florida, over which
City intends to construct a Riverwalk for the recreational
enjoyment and increased safety of the citizens of Edgewater;
and
WHEREAS, in order to resolve an apparent right-of-way
discrepancy effecting the Riverwalk in that area, the City Council
authorized the initiation of the abandonment of the unopened
portion of Thomas Avenue lying easterly of South Riverside Drive,
which right-of-way is also adjacent to the property of Owners; and ~
WHEREAS, such abandonment was conditioned upon the granting 00
-.J
of a twenty-five (25) foot easement on the east side of South C1'
Riverside Drive to the City by Owners for the construction of the
Riverwalk and an agreement by Owners to limit use of the right-of-
way upon abandonment; and
WHEREAS, since the Owners have already granted the easement to'~
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the City, it is now necessary to establish the limitations on the ~
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use of the right-of-way in order to satisfy the remaining condition
of the proposed abandonment.
NOW, THEREFORE, based on the foregoing, the parties agree as ~
follows:
1. The City's abandonment of that unopened portion of Thomas
Avenue lying easterly of South Riverside Drive pursuant to
Resolution No. 93-R-15 is specifically conditioned upon an
agreement by each abutting fee owner to limit use of the right-of-
way upon abandonment.
Those limitations are set forth in this
Agreement and a similar Agreement to be executed by the other
abutting fee owner.
October 24, 1993
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BOOK
3887
PAGE
1715
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VOLUSIA co.. FI .
That portion of the abandoned r1ght-of-way vest1ng in
Owners (hereafter "right-of-way") may be. utilized for determining
2.
lot size for the purpose of fulfilling the requirements of the land
development regulations of the City.
3. No structures shall be erected on the right-of-way.
4. Fences may be erected only in the front yard setback area
of
the right-of-way upon compliance with all
applicable
requirements of the land development regulations of the City.
5. Wooden walkways raised to a maximum of eighteen (18 )
inches above grade shall be permitted on the right-of-way subject
to all applicable requirements of the land development regulations
of the City.
6. Landscaping and maintenance of the right-of-way shall be
permitted, but shall be limited to manual clearing, filling,
excavation, or grading.
7. A five (5) foot setbaqk from the center of the abandoned
right-of-way shall be maintained by Owners. No landscaping or any
portion of a wooden walkway shall encroach into the setback area.
This required setback shall not apply to fences constructed within
the front yard setback pursuant to Paragraph 4.
8. To the extent that there is a conflict between this
Agreement and any existing City resolution, regulation or
ordinance, this Agreement shall control.
9. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by the
parties and their respective legal representatives and their
successors in title and interest. The provisions of this Agreement
shall run with the land and shall be administered in a manner
consistent with the laws of the State of Florida. Accordingly,
this Agreement shall be recorded with the Clerk of the Circuit
Court in Volusia County.
10. This Agreement may only be amended in writing upon the
mutual consent of the parties.
11. This Agreement shall be governed by the laws of the State
of Florida.
october 24, 1993
2
BOOK PAGE
3881 1716
VOLUSIACO..FL
IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the day and year first written above.
ATTEST:
M r.2i
--�- -Susan Jj Wadsworth
21
Witnessed by:
State of 'r 1 Or1 6 a
County ofy �� a -` � C--
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:. In.
J ck H. H s , Sr.
ayor
APPROVED FOR FORM
AND CORRECTNESS:
Rrista A. Storey
City Attorney
OWNER:
L,I. (�/(� C�L�
R.P.
�F7,s�ss"11:Trsrrrra�
The foregoing instrument was acknowledged before me this
Oc" day of O c �-0he r , 1993, by R.P. Davisworth and
Lillian Davisworth, who are personally known to me or who have
produced m, k _yu +�n' <kUry�� identification and who did (did
not) take an oath.
NOTARY SEAL
a A. KRUCKMEYER
ammission No. AA744154
Comm. Exp. Jan. 17,1994
samWrmrvwwa.
�. OFFICIAL NOTARY SEAL
I %LISA A. KRUCKMEYEH
:1 Commission No. AA744154
'•:AIXt1°°A My Comm. Exp. Jan. 17.1994
awaamuim,cmr.a.
October 24. 1993
3
Notary Public
191876
$J
r;OOI-, PAGE
3871 /2320
VOLUS 1;\ co.. FL
REC'D PAYMENT AS ,
!NDICATED FOR CLASS
.C' INTANGIBLE & DOC
5T AMP TAXES SIGNED
o
REC FEE $ -'0.50
DOC ST $ J) l)
INT TAX $
PE~P\L T'f $
iNTEREST $
~~~.",~L
Cieri< Circuit Collf1 Volu.ia Co. Florida
executed this c:;t:j +h
r:s
EASEMENT
,~
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THIS INDENTURE made
and
day
of
n(l-t~{L h ')
, 1993, by and between R. P. DAVISWORTH and
LILLIAN L. DAVISWORTH, his wife, (hereinafter "Grantor") and the
CITY OF EDGEWATER, FLORIDA, a municipal corporation (hereinafter
"Grantee") .
WHEREAS, pursuant to the adoption of Resolution No. 93-R-15 by
the City Council of the City of Edgewater, Florida, on July 19,
1993, Grantor is the owner of certain land located in Edgewater,
Florida, over which Grantee intends to construct a Riverwalk for
the recreational enjoyment and increased safety of the citizens of
Edgewater.
WITNESSETH, that Grantor for and in consideration of the sum
of $10.00 and other valuable considerations, receipt of which is
hereby acknowledged, does grant unto Grantee a perpetual easement
over, upon, through, and under the following described premises for
the purpose of constructing, repairing, maintaining, and utilizing
the Riverwalk and any associated appurtenances including, but not
limited to, street lights, and landscaping:
The Northerly one-half of that portion of
Thomas Avenue lying Easterly of South
Riverside Drive (formerly known as Riverview
Drive) lying Southerly of the Easterly
prolongation of the South line of Block 10 and
lying Northerly of the Easterly prolongation
of the Northerly line of Block 1, Totem Park
Subdivision, as recorded in Map Book 4, Page
46 of the Public Records of Volusia County,
Florida, all lying Westerly of the Mean High
Water Line. en
m
The granting of this easement shall not effect any lot siz~
C)
determination for the purpose of fulfilling the requirements of theO"
land development regulations of the City of Edgewater.
This grant of easement shall be binding upon the heirs,
successors, administrators and assigns of Grantor.
In reference to the Riverwalk project,
u:>
bew
Grantee
shall
responsible for its own acts and omissions and
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will indemnify and-c
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liability, clalms,
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hold harmless Grantor from and against all
demands, expenses, fees, fines, penalties, suits, proceedings,;::;
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actions, and costs of actions, including any reasonable attorneystn
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VOLUSIJ\ co.. FL
fees, arising or growing out of or in any way connected with this
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project. Grantee shall be solely responsible for the maintenance
of the Riverwalk.
IN WITNESS WHEREOF, Grantor has caused this instrument to be
signed on the day and year first written above.
Signed, sealed and delivered in
the presence f:
1:7(/ ;;~~:::::~
R. P. Davisworth
)
x~ ~&~;,,#--/~
. Lillian L. Davisworth
State of ploy-- i c:lO--
County of \J D I VlS i 0--
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take
acknowledgements, personally appeared R. P. DAVISWORTH and LILLIAN
L. DAVISWORTH, well known to me and known to me to be the persons
described in and who executed the foregoing instrument and have
acknowledged before me that they executed the same.
WITNESS my haqd and official seal in the County and State last
aforesaid this ;>qi-h day of 0 <:-f-c:, b.....e....v- , 1993.
..<;,J-\:;P~~;~.. OFFICIAL NOTARY SEAL
! .'i'i' .", 7 "\ LISA A. KRUCKMEYER
\ ~ i.>~ i Commission No. AA744154
"~.. . o'i#.fJ7 My Comm. Exp. Jan. 17, 1994
..O/n .-
..... .... 800ded Thru Tror Fain Ins. Co.
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N TARY PUBLIC
158406