91-R-67RESOLUTION NO. 91-R-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, ACCEPTING THE DEDICATION OF
100 FEET OF ROAD RIGHT-OF-WAY BEING A
PORTION OF G. ALVAREZ GRANT, SECTION 52,
TOWNSHIP 17 SOUTH, RANGE 34 EAST AND ALSO A
PORTION OF LOT 42, ASSESSOR'S SUBDIVISION OF
THE G. ALVAREZ GRANT SUBJECT TO THE
CONDITIONS THAT THE PROPOSED ROADWAY SHALL BE
CONSTRUCTED AT NO EXPENSE TO THE CITY AND SHALL
BE MAINTAINED BY VOLUSIA COUNTY AT NO EXPENSE
TO THE CITY UNTIL SUCH TIME AS THE ROADWAY IS
ANNEXED INTO THE CITY; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, John Massey requested the vacation of a
portion of J.A. Benoit's Subdivision for the purpose of
constructing a roadway which would provide safer access from
Park Avenue to the Massey Ranch Airpark, Unit 1 subdivision;
and
WHEREAS, on November 14, 1991, the Land Development and
Regulatory Agency recommended approval of the requested
vacation in conjunction with the proposed dedication to the
City of Edgewater by Massey Development Corporation of the
right-of-way for the roadway; and
WHEREAS, pursuant to Resolution No. 91-R-64, the City
Council approved the requested plat vacation.
NOW, THEREFORE, be it resolved by the City Council of
the City of Edgewater, Florida:
Section 1. That subject to the conditions set forth in
Sections 2 and 3 below, the dedication of the following
described right-of-way is hereby accepted:
A portion of G. Alvarez Grant, Section 52, Township
17 South, Range 34 East and also a portion of Lot
42, Assessor's Subdivision of the G. Alvarez Grant,
according to plat thereof recorded in Map Book 3,
page 137 of the Public Records of Volusia County,
Florida and being more particularly described as
follows: Commence at the southwest corner of said
G. Alvarez Grant; thence N 73 degrees 43' 53" E
along the Southerly line of said G. Alvarez Grant,
a distance of 167.69 feet for the POINT OF
BEGINNING: thence N 06 degrees 18' 43" W, a
distance of 2.76 feet; thence N 23 degrees 08,41"
W, a distance of 421.35 feet to the Southerly R/W
line of Park Avenue; thence N 67 degrees 07' 54" E
along said Southerly line, a distance of 100.00
feet to the Westerly line of the Northerly
prolongation of Wildwood Subdivision, according to
plat thereof recorded in Map Book 35, page 199 of
the Public Records of Volusia County, Florida;
thence S 23 degrees 08' 41" E along said Westerly
line of Wildwood Subdivision, a distance of 435.67
feet to the said Southerly line of G. Alvarez
Grant, thence S 73 degrees 43' 53" W along said
Southerly line, a distance of 101.53 feet to the
Point of Beginning. Containing 0.99 acre more or
less.
Section 2. The acceptance of this dedication is
specifically conditioned upon the fact that the proposed
roadway will be constructed by Massey Development
Corporation at no expense to the City of Edgewater.
Section 3. The acceptance of this dedication is
specifically conditioned upon a written agreement being
entered into between the City of Edgewater and Volusia
County wherein Volusia County agrees to maintain the roadway
constructed by Massey Development Coroporation at no expense
to the City of Edgewater until such time as the Massey Ranch
Airpark, Unit 1 is annexed into the City.
Section 4. That all resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 5. That this resolution shall take effect
immediately upon its adoption by the City Council of the
City of Edgewater, Florida, at a Regular meeting of said
Council held on the 16 day of December , 1991, and
approved as provided by law.
This resolution was introduced and sponsored by
Councilperson Gillespie and was read and passed by a
vote of the City Council of the City of Edgewater, Florida,
at a Regular meeting of said Council held on the
16 day of December , 1991, and authenticated as
provided by law.
ROLL CALL VOTE ON RESOLUTION NO. 91-R-67
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Approved for form:
C7TT ATTORNEY
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Cou cillperson - Zone Three
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Councilman - Zone Four