96-R-27
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DENIED
RESOLUTION NO. 96-R-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, ABANDONING A PORTION OF
GUAVA DRIVE EAST OF THE FLORIDA EAST COAST
RAILWAY AND SOUTH OF A PORTION OF 16TH STREET;
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 Guava Drive East of the Florida East Coast Railway and
South of a portion of 16th Street.
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 Guava Drive is hereby
abandoned:
A portion of Guava Drive lying westerly of and
adjacent to the westerly line of Lots 450
through 456 inclusive, 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 being more particularly described
as follows:
Begin at the Northwest corner of said Lot 456;
thence South 14 degrees 01 minute 01 second
East along the Westerly line of said Lots 450
through 456, Block 16, a distance of 335.97
feet to the southwest corner of said Lot 450;
thence South 68 degrees 53 minutes 14 seconds
96-R-27
DENIED
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West along the westerly prolongation of the
southerly line of said Lot 450 a distance of
50.39 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 361.90 feet to it's intersection
with the westerly prolongation of the
northerly line of said Lot 456; thence South
82 degrees 30 minutes 16 seconds East along
the westerly prolongation of the northerly
line of said Lot 456 a distance of 53.74 feet
to the Point of Beginning; said described
tract containing 0.40 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 the recording of additional documents which
may be required.
b. The twenty foot (20') maintenance easement located north
of the southern boundary of Lot 450 and across the
southern end of Guava Drive is not extinguished.
C. The expense of any required relocation or alteration of
Florida Power and Light's services located on the
easterly boundary of Guava Drive shall be borne by Rodney
L. Jones.
Section 3. Upon abandonment, each abutting fee owner takes
title to the center of the right-of-way.
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.
96-R-27
DENIED
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Section 6. This resolution shall take effect upon recording.
After Motion by Councilman Hays and Second by Councilman
Hatfield, the vote on this resolution was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Danny E. Hatfield AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum ABSENT
DENIED this 6th day of January, 1997.
ATTEST:
96-R-27
CITY COUNCIL OF THE
CITY OF, EDGEWATER, FLORIDA
By:
APPROVED FOR FORM
AND CORRECTNESS:
Er eta A. S rey+
Gity Attorney
DENIED 3