96-R-12
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OS/20/1996 15:24
Jtrument # 96086481
'1!fbak: 4106
Page: 1830
RESOLUTION NO. 96-R-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, CORRECTING A
SCRIVENER'S ERROR IN THAT CERTAIN DOCUMENT
EXTINGUISHING A SEWER EASEMENT RELATIVE TO
LOTS 5, 6, 10 AND 11, BLOCK "F", HIGHLAND
SHORES SUB. SECTION 2; REPEALING RESOLUTIONS
IN CONFLICT HEREWITH AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. Pursuant to an 1964 Easement Deed recorded in Official
Records Book 669,
Page 700 of the Public Records of Volusia
County, Florida, the City was granted an easement for the sanitary
sewer system relative to Lots 5 and 10, Block "F", Highland Shores
Sub. Section 2.
2. Pursuant to that certain document recorded in Official
Records book 2702, Page 378 of the Public Records of Volusia
County, Florida, on July 1, 1985, the City Council extinguished a
sewer easement relative to Lots 5, 6 and 10, and 11, Block "F",
Highland Shores Sub. Section 2.
3. However, it appears that as the result of a scrivener's
error, the legal description for the effected portion of Lot 10
was not consistent between the two documents.
4. This inconsistency was discovered in reference to a
closing on the All-Suite Motel, Inc. and has resulted in a cloud on
the title for that property.
5. Since it is evident that the intent of the Council in
1985 was to extinguish the sewer easement described in the 1964
Easement Deed, it is appropriate that the scrivener's error be
corrected.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City
of Edgewater, Florida:
Section 1. The legal description for that certain sewer
easement described at Official Records Book 2702, Page 378 of the
Public Records of Volusia County, Florida, is hereby corrected to
read as follows:
96-R-12
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)-took: 4106
'age: 1B31
.ane M. Matousek
Volusia County, Clerk of Court
The Easterly 5 feet of Lot 6, Block "F", and
the Easterly 5 feet of the North 20 feet of
Lot 5, Block "F", and the Westerly 5 feet of
the North 20 feet of the South 112.6 feet of
Lot 10, Block "F", and the Westerly 5 feet of
Lot 11, Block "F" as measured along the South
line of said Lot 11, Block "F" and taken
parallel to the West line of Lot 10, Block
"F", Highland Shores Sub. Section 2 as
recorded in Map Book 9, Page 64 of the Public
Records of Volusia County, Florida.
Section 2. The extinguishment of the above described sewer
easement is hereby reconfirmed.
Section 3. Upon adoption, this resolution shall be recorded
in the Public Records of Volusia County.
Section 4. All resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 5. This resolution shall take effect upon
recording.
After Motion by Councilman Hatfield 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 6th day of May, 1996.
96-R-12
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
ack H. fan,
ayor
APPROVED FOR FORM & CORRECTNESS:
Kr1Zt9 A. Storey
City Attorney
086481