2004-R-09M
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RESOLUTION NO. 2004-R-09
07/02/2004 02:27 PM
O Instrumdt 2004-164206
Book: 5352
Page: 4809
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, TI R B!I'Hl`Wdi`HE ABANDONING/
VACATING OF TWO (2) PORTIONS OF A SIX FOOT (6')
PLANTING BUFFER LYING EASTERLY OF AND
ADJACENT TO ALAMANDA DRIVE, AS FURTHER
DESCRIBED IN EXHIBIT "A"; AUTHORIZING
RECORDING BY THE CLERK OF COURT; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY AND APPLICABILITY AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater desires to abandon/vacate two (2)
portions of an unopened/unimproved six foot (6) planting buffer located easterly and adjacent to
Alamanda Drive, being more particularly described in Exbibit "A"; and
�0 WHEREAS, Richard E. Beckwith, the owner/applicant, has 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
WHEREAS, pursuant to Section 21-99.03 (Procedures) of the Land Development Code of
the City of Edgewater, and the requirements contained in the Florida Statutes, a Notice of Public
Hearing before the City Council was provided by regular mail to owners of real property abutting
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
the City of Edgewater, and the requirements contained in the Florida Statutes, a Notice of Public
2004-R-09
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Page: 4810
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 June 3. 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 VIE 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) portions
of the unopened/unimproved six foot (6') planting buffer located easterly and adjacent to Alamanda
Drive, being more particularly described in Exhibit "A". See Exhibit "A" for further legal
description and sketch of subject property.
Section 3. Recording. A certified copy of this Resolution shall be filed with the
Volusia County Property Appraiser and duly recorded into the Public Records of Volusia County,
Florida, by the Volusia County Clerk of Court.
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Section4. Conflicting Provisions All resolutions orparts ofresolutions in conflict
herewith be and same are hereby repealed.
Section 5. Severability and Applicability. 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. Adoption and Effective Date. This resolution shall take effect upon
adoption.
After MotionbyCouncilwoman Rhodes and Secondby Councilman Brown ,
the vote on this resolution was as follows IcOE5deny the abandoning and vacating of the subject
property:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown x
Councilman Dennis A. Vincenzi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judith Lichter x
2004-R-09
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lJ
PASSED AND DULY ADOPTED this 21st day of June, 2004.
ATTEST:
Susan I Wadsworth
City Clerk
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 O C E®WATER, FLORIDA
By: o a/+t
Donald A. Schmidt
Mayor
Robim L. Matusick
Legal Assistant/Paralegal
Approved by the City Council during the
Council meeting held on the 21 st day of June,
2004 under Agenda Item 6 H
2004-R-09
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Page: 4813
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SURVEYOR'S NOTES & SURVEY REPORT:
1. Legal description provided by client. Descriptions for Land Division prepared by the undersigned
at the request of the client.
2. Bearings per description and based on the South line of subject property as being S 89"36, 26" W.
3. Subject to restrictions, reservations, limitations, easements and rights of way, if any, appearing of
record. Per Chapter 427.027 Florida Statmes, surveyor not responsible for any easements
not provided to him other than those on record plat.
4. This sketch of description is subject to any facts that may be disclosed by a full and
accurate title search.
5. This sketch of description prepared without the benefit of an abstract and no title work has
been performed or provided to this surveyor except as noted.
6. Underground utilities and features not located.
7. Dimensions are shown in feet and decimals thereof
8. Drawing distance between features such as walls or fences and property line may be exaggerated for
clarity.
9. Features shown by symbol are not to scale.
10. Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper.
11. SKETCH PLAT ONLY.
SHEET l OF 3
SEE SHEET 2 FOR LEGAL DESCRIPTION
SEE SHEET 3 FOR SKETCH OF DESCRIPTION
THIS SKETCH NOT FULL AND COMPLETE WITHOUT ALL SHEETS
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Book: 5352
Page: 4815
SKETCH OF DESCRIPTION OF
(A) PROPOSED VACATION of a portion of a 6 foot planting strip lying Easterly of and adjacent to
Alamanda Drive as shown on the Florida Shores Unit No. 7, sheet 2 of 2 according to plat thereof recorded
in Map Book 23, Page 1 IS of the Public Records of Volusia County, Florida and being more particularly
described as follows:
Commence at the Southeast comer of said Section 2, Township 18 South, Range 34 East, thence N 00' 19'
08" W along the East line of said Section 2, a distance of 465.24 fee; thence S 89°36' 26" W along the
South line of the North 3 chains of the South 3/4 of the Southeast 1/4 for the Southeast 1/4 said Section 2, a
distance of 1357.03 feet to the Westerly line of a 6 foot planting strip lying Easterly of and adjacent to
Alamanda Drive as shown on the Florida Shores Unit No.7 sheet 2 of 2 sheets according to plat thereof
recorded in Map Book 23, Page 118 of the Public Records of Volusia County, Florida and for the Point of
Beginning; thence N 00 °21' 01" W along said Westerly line of said planting strip, a distance of 20.00 feet;
thence N 89° 36' 26" E, a distance of 6.00 feet; thence S 00°21' 01" E, a distance of 20.00 feet; thence S 89`
36' 26" W, a distance of 6.00 feet to the Point of Beginning.
(B) PROPOSED VACATION of a portion of a 6 foot planting strip lying Easterly of and adjacent to
Alamznda Drive as shown on the Florida Shores Unit No. 7, sheet 2 of 2 according to plat thereof recorded
in Map Book 23, Page 118 of the Public Records of Volusia County, Florida and being more particularly
described as follows:
Commence at the Southeast comer of said Section 2, Township 18 South, Range 34 East, thence N 00'19'
08" W along the East line of said Section 2, a distance of465.24 feet; thence S 89"36' 26" W along the
South line of the North 3 chains of the South 3/4 of the Southeast 1/4 for the Southeast 1/4 said Section 2, a
distance of 1357.03 feet to the Westerly line of a 6 foot planting strip lying Easterly of and adjacent to
Almonds Drive as shown on the Florida Shores Unit No.7 sheet 2 of 2 sheets according to plat thereof
recorded in Map Book 23, Page 118 of the Public Records of Volusia County, Florida; thence N 00°21'
01" W along said Westerly line of said planting strip, a distance of 200.00 feet for the Point of Beginning;
thence N 890 36' 26" E, a distance of 6.00 feet; thence S 00021' 01" E, a distance of 20.00 feet; thence S 89`
36' 26" W, a distance of 6.00 feet; thence N 00° 21' 01" W, a distance of 20.00 feet to the Point of
Beginning.
SHEET OF
SEE SHEET 1 FOR SURVEYOR'S REPORT, LEGEND AND ABBREVIATIONS
SEE SHEET 3 FOR SKETCH OF DESCRIPTION
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