95-R-27
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RESOLUTION 95-R-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, ABANDONING SNIDER
STREET BETWEEN OLD COUNTY ROAD AND HART
AVENUE; 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 AND FILING WITH THE VOLUSIA COUNTY
PROPERTY APPRAISER; 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.
Coronado Paint Company,
Inc.
has requested the
abandonment of Snider Street between Old County Road and Hart
Avenue.
2. A public hearing was held on December 18, 1995, after
notice of the request was published in the Daytona News-Journal on
December 6, 1995, 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.
After considerable discussion, the public
hearing was continued until January 8, 1996.
3. The City Council has determined that 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:
section 1. Subject to the condition set forth in section 2
below, Snider Street, further described as follows,
is hereby
abandoned:
A 40 foot right-of-way as shown on Cole's
SUbdivision, according to plat thereof
recorded in Map Book 23, Page 63 of the Public
Records of Volusia County, Florida, lying
southerly of and adjacent to Lots 8 to 14,
Block C, said Cole I s Subdivision and lying
northerly of Lot 1, Block D, said Cole's
Subdivision and being more particularly
described as follows: Beginning at a PRM
marking the southeasterly corner of said Lot
8, Block C, thence S 28042 101" E along the
westerly line of Hart Avenue, a distance of
41.28 feet to the northeast corner of said Lot
1, Block D, thence S 73043'49" W along the
northerly line of said Lot 1, Block D, a
distance of 73.81 feet to the northwest corner
95-R-27
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of said Lot 1; thence S 74000'00" W along the
southerly line of said Snider Street, a
distance of 383.53 feet to the easterly line
of Old County Road; thence N 22020'49" Walong
said easterly line, a distance of 40.17 feet
to the southwest corner of said Lot 14, Block
C; thence N 73054'57" E along the southerly
line of said Block C, said line also being the
northerly line of Snider Street, a distance of
452.71 feet to the Point of Beginning.
section 2. This abandonment is specifically conditioned upon
the payment by Coronado Paint, Inc. to the City of the sum of nine
thousand nine hundred thirty-two and 50/100 dollars ($9,932.50) to
be utilized as determined by the City Council to compensate for the
loss of the Snider Street right-of-way.
Such funds shall be
utilized within the Snider Street neighborhood.
Section 3. Upon abandonment, each abutting fee owner takes
title to the center of the right-of-way.
Section 4. Upon adoption of this resolution and payment of
the $9,932.50 by Coronado Paint Company, Inc., notice thereof shall
be published within thirty (30) days in the Daytona 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
Volusia County Property Appraiser.
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 Mitchum and Second by Councilman
Hays, 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
PASSED AND DULY ADOPTED this 8th day of January, 1996.
95-R-27
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ATTEST:
Susan J. Wadsworth
City Clerk
95-R-27
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Jack H. Hayman, Sr.
Mayor
APPROVED FOR FORM , CORRECTNESS:
Krista A. Storey
City Attorney
3
v VW
B Public hearing Res 95-R-27 Coronado Paint regl+est to abandon
Snider Street ! en in+ d gm 12/18/951
Mayor Hayman presented the background of Res. 95-R-27. He
commented on the memorandum from Mr. Fegley to Mr. Karat.
Mayor Hayman read Res. 95-R-27.
Mayor Hayman opened the public hearing.
Mr. Karat made a staff presentation regarding the cost estimate
of paving and the traffic counts.
Councilman Hays asked if the traffic count was done while school
was in session. Mr. Karat stated the traffic count was done on
the first day school was in session.
Mr. Heebner informed Council that Coronado Paint would be willing
to pay the $9,932.50 to pave W. Palm Way. He expressed concern
regarding the drainage problems being fixed before the paving is
done.
Councilman Mitchum stated he appreciates Coronado Paint-s
willingness to work with the City. Mayor Hayman also expressed
his appreciation.
There were no citizens interested in commenting.
Councilman Hays commented on the stormwater management versus
paving issue.
Mayor Hayman closed the public hearing.
Councilman Mitchum made a motion to approve Res. 95-R-27, second
by Councilman Hays.
City Attorney Storey assumed the motion was made with the
condition of the contribution by Coronado. She was informed that
is correct.
The motion CARRIED 5-0.
Mr. Heebner thanked the Mayor and Council.
C blic hearing Ord 95-0-20 Comprehensive Plan Amendment -
Westfall (continued fr= 12/18/9511
Mayor Hayman presented the background for Ord. 95-0-20 and Ord.
95-0-21. The staff's recommendation is to consider adoption of
Ord. 95-0-20 and 95-0-21.
City Attorney Storey suggested opening the public hearing on Ord.
95-0-20 and ask Mr. Karat to make comments regarding the
development agreement and then go into each item individually.
Mayor Hayman opened the public hearing.
Mr. Karat stated his presentation made at the previous public
hearing in regards to the comprehensive plan carries over and is
still in effect.
Mr. Karat spoke in regard to the comprehensive plan, rezoning and
the development agreement.
Joe Martin, East Volusia Engineering, 435B1 Air Park Road,
explained Mr. Westfall accepts the terms of the development
agreement.
Page -3-
Council Regular Meeting
January 8, 1996