2004-R-05C:) CD
RANTIN /DENYING
RESOLUTION NO.2004-R-05 TW w
A RESOLUTION OF THE CITY OF EDGEWATER, m 0 a N
FLORIDA NT OR DENYING THE ABANDONING lD
AND VACATING OF TWO (2) THIRTY (30) FOOT i o
UNIMPROVED ROAD RIGHT-OF-WAYS LOCATED NITow
WITHIN THE CORAL TRACE SUBDIVISION, AS FURTHER J N F
DESCRIBED IN EXHIBITS "A" AND "B"• AUTHORIZING 3 Q'
RECORDING; REPEALING RESOLUTIONS IN CONFLICT N�
HEREWITH; PROVIDING FOR SEVERABILITY AND
APPLICABILITY AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Edgewater desires to abandon and vacate two
(2) 30 X 1,135.00 foot unimproved road right-of-ways located within the Coral Trace Subdivision,
„ l being more particularly described in Exhibits "A" and "B"; and
V WHEREAS, Glenn Storch of Storch and Morris, P.A. (agent ofrecord) for Coral Trace, LLC
r on behalf of the Coral Trace Subdivision, the owners/applicants, have complied with the provisions
of Chapter 21 (Land Development Code), Article IX (Application Procedures), Section 21-99
(Abandonments and Vacations) regarding the provision of certain information in connection with
(� the application; and
�1 WHEREAS, pursuant to Section 21-99.03 (Procedures) of the Land Development Code of
' py\ the City of Edgewater, and the requirements contained in the Florida Statutes, a Notice of Public
,lY Hearing before the City Council was provided by regular mail to owners of real property abutting
TTT the unimproved roadway and all owners of the property within three hundred (300) feet in all
directions of the subject property; and
WHEREAS, pursuant to Section 21-99.03 (Procedures) of the Land Development Code of
2004-R-05
0\,.,
~t'-
Nt'-
1llC\J
....
:':0)
OD
Oel
1110.
~
~
the City of Edgewater, and the requirements contained in the Florida Statutes, a Notice of Public
Hearing was published one (1) time in a newspaper of general circulation in the City of Edgewater
by an advertisement that was published in the Observer on February 11. 2004; and
WHEREAS, the City Council of the City of Edgewater finds that said application and
supporting documents are in accordance with the requirements of Chapter 21 (Land Development
Code), Article IX (Application Procedures), Section 21-99 (Abandonments and Vacations) and that
the requested action is consistent with the City of Edgewater Comprehensive Plan.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater, Florida:
Section 1.
Authority. The City Council of the City of Edgewater has the authority
to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes, and Article IX (Application Procedures) of Chapter 21 (Land
Development Code) of the City of Edgewater.
Section 2.
Abandonment and Vacation.
The City Council of the City of
Edgewater, Florida, hereby abandons, vacates and renounces any rights in and to the two (2) 30 X
1,135.00 foot unimproved road right-of-ways located within the Coral Trace Subdivision, being
more particularly described in Exhibits "A" and "B". See Exhibits "A" and "B" for further legal
description and sketch of subject property.
Section 3.
Recordine. A certified copy of this Resolution shall be filed with the
V olusia County Property Appraiser and duly recorded into the Public Records of V olusia County,
Florida, by the V olusia County Clerk of Court.
2004-R-05
2
(J\~
\Ot'--
Nt'
anN
....
~QJ
OD
Oei
mil.
'--'"
'---'
Section 4.
Conflictin!! Provisions.
All resolutions or parts of resolutions in conflict
herewith be and same are hereby repealed.
Section 5.
Severability and ADDlicability.
If any portion of this resolution is for
any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect
the remaining portions of this resolution. If this resolution or any provisions thereof shall be held
to be inapplicable to any person, property, or circumstances, such holding shall not affect its
applicability to any other person, property, or circumstance.
Section 6.
AdoDtion and Effective Date.
This resolution shall take effect on
February 23,2004. After Motion by ~ j/ ~
and Second by
(~~
the vote on this resolution was as follows to grant/deny the
abandoning and vacating of the subject property:
AYE
NAY
Mayor Donald A. Schmidt
y.
~
r
A h Se.n ~
~
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judith Lichter
2004-R-05
3
W
-2 �
PASSED AND DULY ADOPTED this p [� �L day of February, 2004.
N [�
u1N
YN
000
to
ML
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
onald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council during the
Council meeting held on the 23rd day of
February, 2004 under Agenda Item 6 L .
2004-R-05
Ol�o
N�
u1 N
Ya)
OD
Ola
ml
.
SY/AN
�Xa5
w
'SKETCH OF LEC T� (NOT A SURVEY)
SEE SHEET 1 OF 2 _
MATCH LINE
LOT 15
u u
Ym
00
0 fa
im I
�m
LOT 14
LINE TABLE
LINE I LDWM I BEARNG
k'm4 Lt 1 30.00' 1 S 21'27'2B" E
L2HMAPS' FIRST
7SUBDIVISION
C3 P.O.B.73
SOUTHWEST CORNER LOT 13 30' ROAD
OF LOT 13 RIGHT—OF—WAY
2RIS' FIRST SUBDIVISION UNIMPROVED
AP BOOK 7, PAGE 73
0.782f ACRES
cyEET 2 OF 2
k LOT 6
4
M
S¢ LOT 5
i
LOT 4
S 6914'14- W 1135.00•
REMAINDER I REMAINDER HARRIS' FIRST SUBDIVISION I I LOT 1
OF LOT 12 OF LOT 11 MAP BOOK 7, PAGE 73
LEGAL DESCRIPTION: (BY SURVEYOR)
A 30foot wide road Right -of -Way (unimproved) per Map of Harris' First Subdivision,
of a part of Samuel Betts Grant, according to the plat thereof, as recorded on Map
Book 7, Page 73, of the Public records of Volusia County, Florida, bound on the
South by Lots 11 and 12, and on the North by Lot 13 of the said Harris' First
Subdivision and being more particularly described as follows:
Commence at the Northeast corner of U.S. Lot 4, Section 5, Township 18 South,
Range 34 East, Volusia County, Florida; thence South 21027'28" East along the
Easterly line of said U.S. Lot 4, and U.S. Lot 5 a distance of 2,763.33 Feet to the
POINT -OF -BEGINNING; thence North 69014'14" East, a distance of 1,135.00 Feetto
the West Right -of -Way line of Lybrand Avenue; thence South 21027'28" East along
said West Right -of -Way line, a distance of 30.00 Feet; thence leaving said West
Right -of -Way line run South 69"14'14" West, a distance of 1,135.00 Feet to the East
line of said U.S. Lot 5; thence North 21027'28" West along the said East line, a
distance of 30.00 Feet to the POINT -OF -BEGINNING.
Containing 0.782 Acres of land more or less.
)RAWING NO: A03-0052 DRAWING NAME: SKETCH TRACT G.DWG
SCALE: 1"=300' DWN.SY E.AW. CHD.BY: J.M.M. CLIENT NO. 2030256
CERTIFICATION
CERTIFIED TO:
CORAL TRACE, L.L.C.
IT%A WILLIAM MOTT LAND SURVEYING INC. 1
'SI\ETCH OF
.. WEST UNE Of' THE
, SAMUEL BETTS GRANT
SECllON 38, TOWNSHIP 1 B SOUTH, Y
RANGE 34 EAST,
N~.".
- . .,.., liNt
. _ OF' 1.0
~ . r.
NORTHERLY 363.0~
OF U,S, LOT 4 ~
O.R. BOOK 4630,
PAGE 4254
--
--
U.S. LOT 4,
SECllON 5,
TOWNSHIP 18 SOUTH,
RANGE 34 EAST
O.R. BOOK 4644,
PAGE 1726
O.R. BOOK 4701,
PAGE 3021
.............
--
LEr ~ 1 (NOT A SURVEY) ~EET 1
~.O.C. Book: 5269
NORTHEAST CORNER OF Page: 2778
u.s. LOT 4, EXHIBIT "B"
TOWN~~?:I~~ ~OUTH, ~
RANGE 34 EAST,
VOLUSIA COUNTY,
FLORIDA
OF 2
(f)
I'J.
-'
rJ'
~l
fTl.
I
~
il
o.
."
C'
~I
-'".
d
;o~ 0 01Tl ITI
~IIlIllC ?o c>
.,,> in ~ C'\l
~~8in "m ~~
"'-55 ~8 rt: ....J
oz
-'"QlZ-l ITI^ 5!{ -l1Tl
~~.!1'9' g:~ (110
-l(ll ."
~C '" (IIC!,
~ p
..--
l8ERTl FICA TION
THAT HIS SI H WAS MADE UNDER MY RESPONSIBLE CHARGE AND
UM TE ICAL NDARDS AS SET FORTH BY THE FLORIDA BOARD OF
D SU iii R , CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, ':WY.a
TlON ? THE FLORIDA STATUTES. ~\1A" WIWAM MOTT LAND SURVEYING
JONATHAN M MOTT P L S BAYME"ADOWS COMMERCIAl CENTER
. ,. . . 3716 NORTH WICKHAIA ROAD, SUITE 3
FtA CERT NO 5060 MELBOURNE. F'lORIOA, 32935-2338
. . . PHONE (321) 751-4444
N
5/8" ROD
"MILL 5445 FMH 1127"
FOUND
ASSESSOR'S SUBDI\1SION
Of' THE
SAMUEL BETTS GRANT,
MAP BOOK 3, PAGE 153
~
LOT 124
LOT 111
PART Of' LOT 112
8
LOT 117
PART Of' LOT 125
PART Of' LOT 118
LOT 19
NORTHEAST CORNER
Of' LOT 18
HARRIS FIRST SUBDIVISION
30' ROAD RIGHT-Of'-WAY (UNIMPROVED)
j ~ i i S
!:I a
liI i! ~ Ii i i !E
III I ~
: ~ Cll~
I s::
i'I _ ~
III lD
~:iiS!ll i ~x
1!l0;o - 1"1
~~~ S fts::
~ III !2 o~-=-,,~
~ III ~ ~a!~~a
!:ii-~ z~ ;; 1Il~
!{ tI ~ ffl~"'::""OIll
-'-' Sil 8 ~
~ II: I -=-0
- ~ I '"
0.. -<
.".. I
x~
ITI
S::tl
~
at!
t: :l l::
~!l
NORTH UNE Of' LOT 18
~ i
ill e
~ fi
i !l
!! Ii
i ;;
e ;:
i :::l
8 ..
co
i .:
t:
~
LOT 18
'I
I Sil~
!=;;j
!fl;o
r
r-<
0(11
-lo
-'" '
~
,,- I
lTIO
;0'
OZ
.C>
?U~
mill
o III
o~
^C>
",;0
0'"
",Ill
Qllll
. lTI
~~
C>lTI
lTIS::
1"1
~~
'oJ
UNE TABLE
LENGTH BEARING
30.00' S 21'27'28" E
30.00' N 21.27'28" W
LOT 17
UNE
L1
L2
=
P.O.B.
LOT 16
SOUTHWEST CORNER
OF LOT 16
HARRIS' FIRST SUBDIVISION
MAP BOOK 7, PAGE 73
: II = ~
30' ROAD
RIGHT-OF - WA Y
(UNIMPROVED)
0,782:1: ACRES
1135.00'
1135.00'
I III
~ III 8 ~
N 69.14'14" E
S 69.14'14" W
LOT 15
HARRIS' FIRST SUBDIVISION
MAP BOOK 7, PAGE 73
r
o
-l
Ol
CHD.BY: J.M.M. CLIENT NO. 2030256
THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE Of' THE
PERSON. PERSONS OR ORGANIZATION IDENTIFIED BELOW AND ITS CER-
TIFICATION IS NON-TRANSFERABLE. ANY COPY HEREOF, TO BE CON-
SIDERED VALID. MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED
SURVEYOR EMPLOYED BY THIS FIRM.
CERTIFIED TO:
CORAL TRACE, L.L.C.
INC.
UCENSEO BUSINESS '3608'
.
SKETCH
OF LEr"L
'-'-'
(NOT A SURVEY) C'~EET 2 OF 2
......,
"
Book: 5269
Page: 2779
LEGAL DESCRIPTION: (BY SURVEYOR)
A 30 foot wide road Right-of-Way (unimproved) per Map of Harris' First Subdivision,
of a part of Samuel Betts Grant, according to the plat thereof, as recorded on Map
Book 7, Page 73, of the Public records of Volusia County, Florida, bound on the
South by Lot 15 and on the North by Lot 16 of the said Harris' First Subdivision and
being more particularly described as follows:
Commence at the Northeast corner of U.S. Lot 4, Section 5, Township 18 South,
Range 34 East, Volusia County, Florida; thence South 21027'28" East along the
Easterly line of said U.S. Lot 4, and U.S. Lot 5 a distance of 1,644.25 Feet to the
POINT-OF-BEGINNING; thence North 69014'14" East, a distance of 1,135.00 Feet to
the West Right-of-Way line of Lybrand Avenue; thence South 21027'28" East along
said West Right-of-Way line, a distance of 30.00 Feet; thence leaving said West
Right-of-Way line run South 69014'14" West, a distance of 1,135.00 Feet to the East
line of said U.S. Lot 5; thence North 21027'28" West along the said East line, a
distance of 30.00 Feet to the POINT -OF-BEGINNING.
Containing 0.782 Acres of land more or less.
DRAWING NO: A03-0050 DRAWING NAME: SKETCH TRACT G.DWG
SCALE: ,"=300' DWN.BY: LA.W. CHD.SY: J.M.M. CLIENT NO. 2030256
THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE
PERSON. PERSONS OR ORGANIZATION IDENTIFIED BELOW AND ITS CER-
TIFICATION IS NON-TRANSFERABLE. ANY COpy HEREOF, TO BE CON-
SIDERED VAUD. MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED
SURVEYOR EMPLOYED BY THIS FIRM.
CERTIFIED TO:
CORAL TRACE, L.L.C.
OH WAS MADE: UNDE:R MY RE:SPONSIBLE: CHARGE: AND
CHAPTE:R 61G17-6. FLORIDA ADMINISTRATIVE: CODE:.-=-:w:a.
THE: FLORIDA STATUTES. '\fA" WIUJAM MOTT LAND SURVEYING INC.
JONATHAN M MOTT P L S BAYUEAOOWS COMMERCIAl. CENTER
. .' . . 3716 NORTH WICKHAM ROAD, SUITE 3
FLA CERT NO 5060 MELBOURNE, FLORIDA, 32935-2338
. . . PHONE (321) 751-4444 UCENSED BUSINESS "3608"
Br -3k : 5269
Po, 4e : 2780
Di" M, Matous"
Uolusld DWY, Clw* of Court
SKETCH OF LEG_ ' (NOT A SURVEY) 1EET 1 OF 2
WEST UNE OF 111E I
SAMULL 6ET1S GRANT P
A 3q TOWNSHIP 15 SOUl11, P.O.C.
RANGE 34 EAST, NORTHEAST CORNER OF
U.S. LOT It. EXHIBIT "A"
SECTION 5,
C` Eor TOWNSHIP 18 SOUTH, w
RANGE 34 EAST, ASSESSOR'S LASKIN
VOLUSIA COUNTY, OF THE
NORDIERLY 3a3.0' S ROD FLORIDA SAMUEL still; GRANT, 8
MAP BOOK 3, PAGE 153
OF U.S. LOT LOT
MILL 5445 FMH 112Y
FOUNDROD
124 LOT 117 I LOT 111 B
O.M BOCK 4630. PART Di LOT 125 PART OF LOT 119 PART OF LOT 112
PAGE 4254
HIATUS
13 66' a i i e i 5
LOT 19 A _
Y
NDRTHEAST CORNER
OF LOT 15 Y a 9 i a i a
XARI55 FlRST $UBDINSIpI 3
U.S. LOT 4, tl
SECTgI S. 30' ROAD MGHT-OF-WAY (UNIMPROND) Y a a j 1 1 's
TOWNSHIP /5 SOVTH.
RANGE N EAST Y _
NORM UK OF LOT to I
O.R. BOpfAGE AGE ]_44. C� I C i i a & i
I ; ac j
c LOT 18 i
MI �
9— I R. gg i
q A I Ypgp§ gG i s
O.R. BOOK IT01, "II LOT 174 I <tl SMi—� j
PAGE 1021 j 8 i :
`! HARRIS' FIRST SUBDIVISION I QY I s
mI MAP BOOK 7, PAGE 73 Fl I mi i a i
m. $� I
LOT 16 i p e e t a e 0!
P I3 :I IATUS s
Rc 9gA $ 0'
k g6 3t §
PP >6 u$ uM I LOT 15 LOT 6
_ _ _ _ MATCH LINE _
SEE SHEET 2 OF 2
DRAWING NO: AO3-0051 IDRAWING NAME: SKETCH TRACT G.DWG
SCALE: 1 '=300'1 DWN.BY: E.A.W. I CHD.BY: J.M.M. CLIENT NO. 2030256 ITHISwETCH,H HAS BEEN p REPAREDuFOR THE EXCLUSIVE USE OF�E
CERTIFIED T0:
ERTIFICATION CORAL TRACE, L.L.C.
SK WAS MADE UNDER MY RESPONSIBLE CHARGE AND
. ArI BSCI]- ORIOA ADMINI AI DGDE.
a] "THE FLORIDsrATurEs. WUJAM MOTT LAND SURVEYING INC.
JONATHAN M. MOTT. P.L.S. I „ftytw,...40,.1111EAC, w °m