96-R-28
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DENIED
RESOLUTION NO. 96-R-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, ABANDONING A PORTION OF
16TH STREET BETWEEN THE FLORIDA EAST COAST
RAILWAY ND A PORTION OF FERN PALM DRIVE;
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;
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. Rodney L. Jones has requested the abandonment of a
portion of 16th Street between the Florida East Coast Railway and
Fern Palm Drive.
2. A public hearing was held on October 21, 1996, after
notice of the request was published in The News-Journal on October
10, 1996, 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.
3. The City Council has determined that it 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 conditions set forth in Section 2
below, the following described portion of 16th Street is hereby
abandoned:
A portion of 16th Street lying northerly of and
adjacent to Lot 456, Block 16, Florida Shores
No. 1 (Revised) according to the plat thereof
as recorded in Map Book 19, Page 209 of the
Public Records of Volusia County, Florida and
it's westerly prolongation, being more
particularly described as follows:
Begin at the Northeast corner of said Lot 456,
Block 16; thence North 82 degrees 30 minutes
16 seconds West along the northerly line of
said Lot 456 and it's westerly prolongation a
distance of 125.97 feet to a point in the
easterly right-of-way line of the Florida East
Coast Railway, a 100 foot right-of-way as now
laid out; thence North 14 degrees 01 minute 01
second West along said easterly right-of-way
line a distance of 24.06 feet; thence South 82
degrees 30 minutes 16 seconds East along the
96-R-28
DENIED
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centerline of said 16th Street a distance of
122.44 feet to it's intersection with the
northerly prolongation of the easterly line of
said Lot 456; thence South 21 degrees 06
minutes 46 seconds East along the northerly
prolongation of the easterly line of said Lot
456 a distance of 25.50 feet to the Point of
Beginning; said described tract containing
0.07 acre more or less.
Along with a portion of 16th Street and the 5
foot planting strip adjacent thereto per the
plat of Florida Shores No. 1 (Revised) as
recorded in Map Book 19, Page 209 of the
Public Records of Volusia County, Florida and
it's Westerly prolongation and being more
particularly described as follows:
Commence at the Northeast corner of Lot 456,
Block 16, said Florida Shores No.1 (Revised);
thence North 21 degrees 06 minutes 46 seconds
West a distance of 25.50 feet for the Point of
Beginning; thence North 82 degrees 30 minutes
16 seconds West and parallel to the northerly
line of said Lot 456, Block 16 a distance of
122.44 feet to a point in the easterly right-
of-way line of the Florida East Coast Railway,
a 100 foot right-of-way as now laid out;
thence North 14 degrees 01 minute 01 second
West along said easterly right-of-way line a
distance of 24.06 feet; thence South 82
degrees 30 minutes 16 seconds East a distance
of 118.92 feet to it's intersection with the
northerly prolongation of the easterly line of
said Lot 456; thence South 21 degrees 06
minutes 46 seconds East along the northerly
prolongation of the easterly line of said Lot
456 a distance of 25.50 feet to the Point of
Beginning; said described tract containing
0.07 acre more or less.
Section 2. This abandonment is specifically conditioned upon
satisfaction of the following items:
a. Rodney L. Jones shall bear all costs of recording this
resolution along with all costs associated with any
surveying or recording of additional documents which may
be required.
b. Rodney L. Jones shall grant the City a fifteen foot (IS')
utility easement centered over Force Main 6, an existing
eight inch (8") force main within the 16th Street right-
of-way. Rodney L. Jones shall provide the City with the
legal description for the easement and execute the
required easement as drafted by the City Attorney. The
legal description shall be subject to the approval of the
City Attorney.
Section 3. Upon abandonment, each abutting fee owner takes
title to the center of the right-of-way.
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Section 4. Upon adoption and satisfaction of the conditions
set forth in Section 2, notice thereof shall be published within
thirty (30) days in The 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 and the Mapping Division of the Volusia County Growth
Management Department.
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 Hatfield and Second by Councilwoman
Martin, 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 ABSENT
DENIED this 6th day of January, 1997.
CITY COUNCIL OF THE
CITY Of EDGEWATER, FLORIDA
By:
VAPPROVED FOR FORM
AND CORRECTNESS:
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Irieta Storey
ity Attorney
96-R-28
DENIED 3