94-R-25
. ~
--
01/05/1995 14:44
ptrument # 95001501
""oak: 3975
Page: 2460
RESOLUTION 94-R-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, ABANDONING THAT
UNOPENED PORTION OF EATON ROAD LYING WESTERLY
OF INDUSTRIAL DRIVE; PROVIDING THAT 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. Dr. Frank C. Diefenderfer has requested the abandonment
of an unopened portion of Eaton Road lying westerly of Industrial
Drive;
2. A public hearing was held after notice of the request was
published in the Daytona News-Journal on October 6, 1994, and the
adjoining property owners were notified in a letter dated October
3, 1994;
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. The following described unopened portion of Eaton
Road is hereby abandoned:
Commence at the Southeast corner of U. S. Lot
4, Section 3, Township 18 South, Range 34
East, and run N. 89019' W. 125 feet along the
South line of said Lot 4; thence N. 20028'30"
W. 589.30 feet for the point of beginning;
thence N. 89043' W. 320.8 feet to the easterly
R/W line of the Florida East Coast Railroad;
thence with the said R/W line S. 20028'30" E.
53.5 feet thence S. 89043' E. 320.8 feet;
thence N. 20028'30" W. 53.5 feet to the place
of beginning.
Section 2. Upon abandonment, each abutting fee owner takes
title to the center of the right-of-way.
Section 3. Upon adoption, this resolution shall be recorded
in the Public Records of Volusia County and filed with the Volusia
County Property Appraiser.
Section 4.
All resolutions or parts of resolutions in
94-R-25
1
ook: 3975
age: 2461
are M. Mdtousek
Volusia County, Clerk of Court
conflict herewith be and the same are hereby repealed.
Section S. This resolution shall take effect upon adoption.
After Motion by Councilman Jones and Second by Councilwoman
Martin, the vote on this resolution was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays NAY
Councilman David L. Mitchum NAY
PASSED AND DULY ADOPTED this 7th day of November, 1994.
ATTEST:
i
94-R-25 2
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: f r %
ack H. Ha , Sr.
ayor
APPROVED FOR FORM & CORRECTNESS:
�` A-
Rrista A. Storey
City Attorney