2002-R-1105/09/2002
10:29
^i Inn �ument
4 2002-101660
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4861
Page:
2492
RESOLUTION NO. 2002-R-11
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, ABANDONING AND VACATING A SEVENTY
FOOT (70') BY NINETY FOOT (90') UNIMPROVED RIGHT-
OF-WAY/EASEMENT LOCATED NORTH OF FLAGLER
AVENUE AND WEST OF THE FLORIDA EAST COAST
RAILROAD, BEING FURTHER DESCRIBED AS A PORTION
OF LOTS 19 AND 20, ASSESSOR'S SUBDIVISION OF THE
SHEPPARD AND SANCHEZ GRANT AS PER MAP BOOK 3,
PAGE 49 AND AS PER MAP BOOK 14, PAGE 99, OF THE
PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA;
PROVIDING FOR RECORDATION; PROVIDING FOR
SEVERABILITY; REPEALING RESOLUTIONS IN
CONFLICT HEREWITH AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater desires to abandon and vacate the
seventy (70') by ninety foot (9(y) unimproved right-of-way/easement, further described as a portion
of Lots 19 and 20, Assessor's Subdivision of the Sheppard and Sanchez Grant as per map in Map
Book 3, Page 49 and as per Map Book 14, page 99 ofthe Public Records of Volusia County, Florida,
said right-of-way lying and being in Sections 50 and 51, Township 17 South, Range 34 East; and
WHEREAS, the applicant has complied with the provisions of Chapter 21 (Land
Development Code), Article IX (Application Procedures), Section 21-99 regarding the provision of
certain information in connection with the application; and
WHEREAS, pursuant to Section 21-99.02 (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 Roadway and all owners of the property within three hundred (300) feet in all directions of the
Roadway; and
2002-R-11 13 !f
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WHEREAS, pursuant to Section 21-99.02 (Procedures) of the Land Development Code of
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 April 24, 2002; and
WHEREAS, pursuant to Section 21-99.02 (Abandonments) of the Land Development Code,
a sign setting forth notice of the public hearing before the City Council was posted upon the
Roadway; 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 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 of the Roadway.
The City Council of the
City of Edge water, Florida, hereby abandons, vacates and renounces any rights in and to the seventy
(70') by ninety foot (90') unimproved right-of-way/easement, further described as a portion of Lots
19 and 20, Assessor's Subdivision of the Sheppard and Sanchez Grant as per map in Map Book 3,
Page 49 and as per Map Book 14, page 99 of the Public Records of V olusia County, Florida, said
2002-R-ll
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2494
right-of-way lying and being in Sections 50 and 51 , Township 17 South, Range 34 East. See Exhibit
"A" for further legal description and sketch of subject property.
Section 3.
Recordation. A certified copy of this Resolution shall be filed with the
V olusia County Property Appraiser and duly recorded among the Public Records of V olusia County,
Florida.
Section 4.
Severability. If any section, subsection, sentence, clause, phrase or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 5.
Effective Date.
This Resolution shall become effective immediately
upon passage and adoption.
After Motion by ~l...
~ andSecond~ .'n~.-... /2,L I':.
the vote on this resolution was as follows:
AYE
NAY
Mayor Donald A. Schmidt ~
Councilman James P. Brown -1-
Councilman Dennis A. Vincenzi -/-
Councilwoman Harriet E. Rhodes --X-
Councilwoman Judith Lichter -l--
2002-R-ll
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PASSED AND DULY ADOPTED this _� day of AA
, 2002.
-'.$µflan J. Wadsworth
...City Clei•k
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 & Lindner
2002-R-11
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: a
Donald A. Schmidt
Mayor
Robil L. Matusick
Legal Assistant
Approved by the City Council during the
Council meeting held on the (o day of
, 2002 under
Agen Item ��.
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SURVEY REPORT:
1. Sketch only not an actual boundary survey.
2. Legal description per Resolution No. 89-R-52 as recorded in Official Records Book
3413, Page 1571 of the Public Records of Volusia County, Florida.
3. Bearings refer to plat of survey prepared by Swoope & Upham, Inc., dated 07/23/81
and based on the West line of the Sheppard and Sanchez Grant as being
N 24e 14' 06" W.
4. Subject to restrictions, reservations; limitations, easements and rights -of -way, if any,
appearing of record.
5. This sketch of description prepared without the benefit of an abstract and no title
work has been performed or provided to this surveyor.
6. Underground utilities and features not located.
7. This sketch of description is subject to any facts that may be disclosed by a full and
accurate title search.
8. Not valid without the signature and the original raised seal of a Florida Licensed
Surveyor and Mapper.
SHEET 2 OF 2
TYPE
SURVEYDATE
W.O.#
P.C.
CALC.
ORF.
CKD.
BOUNDARYSURVEY
FOUNDATION SURVEY
FINAL SURVEY
RECERTIFICATION SURVEY
TOPOGRAPHIC SURVEY
SKETCH OF DESCRIPTION
OZ-o/-OZ
SPECIFICPURPOSE SURVEY
LEGEND & ABBREVIATIONS
denotes W` IRON ROD W/
"LB DELTA
CAP M2599' (P) PLAT P.R.M. PEFIANNWRITEFENCE
unless othenAse noted R RADIUS (D) DESCRIPTION MONUMENT
otes IRON E P.C.P.
unless otherwise noted L ARC LENGTH (M) MEASURED POIPEP.y48JTCONTROL
ClNT
denotes CONCRETE C CORD (C) CALCULATED O° POWER POLE
MONUMENT CB CORD BEARING (PR) PRORATED OVERHEAD UTILITIES
Q denotes SW IRON ROD w/ T TANGENT CONCRETE
(0) GRID
CAP' WITNESS CORNER LS
(R) RADIAL
25W unless odew:ise noted P.O.B. POINT OF A/C AIR CONDITIONER
EMT ELECTRICALMETALCONDUIT (NR) NON -RADIAL BEGINNING CLF CHAIN -LINK FENCE
FND FOUND (NT) NOWTANGENT RO.C. POINTOF SWF BARBED WIRE FENCE
COMMENCEMENT
REC RECOVERED * NOT SUBSTANTIATED AC ACHES
N.G.Vn NATIONAL GEODETIC VERTICAL DATUM PC POINT OF BYREIDMEASURBA NT RW RIGHT-OF-WAY
USCBGS. UNNEDSTATESODAST&GEODEnc SURVEY CURVATURE T.B.M. TEMPORARYBENCHMARK
CENTER UNE
C.C.C.L COSTAL CONSTRUCTION CONTROL LINE PT .POINT OF
Oe EXISTING ELEVATION D.N.R. DEPARTMENT OF NATURAL RESOURCES TANGENCY RCP IE111OPC81ppNrf7ERFE
F.I.R.M. FLOOD INSURANCE RATE MAP
CMP CORgIIGATED NETALPPE
Certificate of Authorization Number LB 2599
THIS PROPERTY ISLOCATED IN FIRM. ZONES) AL Z
THIS LOCATION IS DETERMINED BY SCALING FROM FI.R.M.
I hereby certify that this sketch of the
COMMUNITYPANEL /Zo30e Caae/
subject property is true and correct to the best of my
ca /Ta/sa
MAP REVISED APPROXIMATE SCALE 1b 6�i'
knowledge, information and belief as preP]�� in the
DANIEL W. CORY
under my supervision on the dates shown
hereon. i further certify that this sketch of dcxaa��
Surveyor, In c.
meets the minimumtechnical standardsFloridaloath in
F.A.C. Rule G17-6 adopted y the
the Floria Board of
_
Surveyors p
Professional Surveyors and Mappers, pursuant to FloridaT/NEW
388 CANAL STREET
Statutes Ch. 472.027, subject to the _ qualifications
SMYRNA BEACH, FLORIDA 32168
notadher60n'
(806)02]-85]5
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DANIEL W CORY P.L.S. NO, Z 27
PREPARED FOR: zE�cEe/4gEEu
JEFFREY W CORY P.L.S. N0. 4139
SCALEt^= 30'
FILER 3o�v-z
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~ SKETCH OF DESCRIPTIO~
NOT AN ACTUAL BOUNDARY SURVEY
70 FOOT PUBLIC RIGHT-OF-WAY PER RESOLUTION NO. 89-R-52
A 70 foot R/W being a portion of Lots 19 and 20, Assessor's Subdivision of the Sheppard
and Sanchez Grant as per map in Map Book 3, Page 49 and as per Map Book 14, Page 99
of the Public Records of Vol usia County, Florida, and being more particularly described
as follows; Commence at the Northwest corner of said Lot 20; thence N 73050' 01" E,
along the Northerly line of said Lots 19 and 20, a distance of 120.80 feet for the POINT
OF BEGINNING; thence continue N 730 50' 01" E along the Northerly line of said Lot
19, a distance of70.70 feet; thence S 240 14' 06" E, a distance of90.00 feet to the
Southerly line of said Lot 20; thence S 730 50' 01" W, along the Southerly line of said
Lot 20, a distance of 70.70 feet; thence N 240 14' 06" W, a distance of90.00 feet to the
POINT OF BEGINNING; said parcel lying within Sections 50 and 51, Township 17
South, Range 34 East, and containing 6300.01 square feet or 0.14 acre, more or less.
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DANIEL W. CORY SURVEYOR, INC.
CERTIFICATE OF AUTHORIZATION NUMBER 2599
300 CANAL STREET
NEW SMYRNA BEACH, FL 32168
(386) 427-9575
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SKETCH OF DESCRIPTION
W.O. #02-01-110 - FEBRUARY 1,2002
SEE REPORT OF ~KETCH OF DE~CRIPTION
w.o. #02-01-1 IO - FEBRUARY 1,2002
TInS SKETCH OF DESCRIPTluN AND A TIACHED REPORT ARE NOT
VALID WITHOUT THE ORIGINAL RAISED SEAL OF A FLORIDA .
LICENSED SURVEYOR AND MAPPER WInCH CAN BE FOUND ON THE
REPORT. THIS SKETCH OF DESCRIPTION AND REPORT ARE NOT FULL
AND COMPLETE WITHOUT THE OTHER THIS SKETCH IS NOT AN
ACTUAL BOUNDARY SURVEY. .
SHEET 1 OF 2
THIS SHEET IS NOT FULL AND COMPLETE WITHOUT THE OTHER SHEETS OF THE SET.
W.O. #02-01-110
! FILE NO. 3020Z
i: ASSESSOR'S SUBDIVISION OF THE G. ALVAREZ GRANT/MAP BOOK 3, PAGE 137)