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2002-R-12c"- RESOLUTION NO. 2002-R-12 N N O N N A RESOLUTION OF THE CITY OF EDGEWATER, o P ri FLORIDA, ABANDONING AND VACATING A PORTION OF UNOPENED RIGHT OF WAY LOCATED AT 16" STREET " LYING NORTHEASTERLY OF AND ADJACENT TO LOT 456, BLOCK 16, FLORIDA SHORES AND A PORTION OF N EY W GUAVADRIVELYINGWESTERLYOFANDADJACENTTO d 0 � y 0 o THE WESTERLY LINE OF LOTS 450 THROUGH 456 INCLUSIVE, BLOCK 16, FLORIDA SHORES AS FURTHER DESCRIBED IN EXHIBITS A AND B; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; REPEALING RESOLUTIONS IN CONFLICT HEREWITH C� AND ESTABLISHING AN EFFECTIVE DATE. 3� WHEREAS, the City Council of the City of Edgewater desires to abandon and vacate a portion of an unimproved, unopen right-of-way located at 166 Street lying Northeasterly of and adjacent to Lot 456, Block 16, Florida Shores and a portion of Guava Drive lying Westerly of and adjacent to the Westerly line of Lots 450 through 456 inclusive, Block 16, Florida Shores; and WHEREAS, the applicant, Rodney Jones, 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 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 2002-R-12 r() ('.J t-- O'.,-l --t,-l .. .. ~Q) 001 Ollj COil. " ' '-' ..,., 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 Wednesday, May 1,2002; 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 portion of unopened, unimproved right of way located at 16TH Street lying Northeasterly of and adjacent to Lot 456, Block 16, Florida Shores and a portion of Guava Drive lying Westerly of and adjacent to the Westerly line of Lots 450 through 456 inclusive, Block 16, Florida Shores as further described in Exhibits "A" and "B". See Exhibit "A" and Exhibit "B" for further legal description and sketch of subject property. 2002-R-12 2 ~1 NOJ U'r-i --1r-i "II ~al Q01 QIlj COo.. " ' '-' ...." 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 Councilwoman Lichter andSecondby Councilwoman Rhodes , the vote on this resolution was as follows: AYE NAY Mayor Donald A. Schmidt --1L- Councilman James P. Brown x Councilman Dennis A. Vincenzi Excused Councilwoman Harriet E. Rhodes x Councilwoman Judith Lichter X 2002-R-12 3 C PASSED AND DULY ADOPTED this 20th YN Om 0 r3 ATTEST: Ma Lisa Bloomer 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 2002-R-12 day of May 2002. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant Approved by the City Council during the Council meeting held on the 20th day of May 2002 under Agenda Item 6E ... ,.., Book: SLI(1ER & ASSOCIATES, PROFESSIONAL LAND SURVEYORS LICENSED BUSINESS CERTIFICA nON NO. .3019 .3921 NOVA ROAD PORT ORANGE, FL. .32127 (.386) 761-5.385 Copyright 0 2002 Sliger & Associates, Inc. WWW.SLlGERASSOCIATES.COM h INC. POINT OF BEGINNING FERN PALM DRIVE (50. R/W) NORTHWEST CORNER OF LOT 456 ""'- 41J' (P) 59.2'" (P) 41J' (P) 40' (P) LOT 4e8 LOT 4e5 LOT 4M LOT 4S1 PARCEL -8- 514"11'05"[ 17279.n SQUARE FEET 0.397 ACRES 335.71' GUA VA DRIVE (50. R/W) 40' (P) 41J' (P) -' ~ Z 4( o lIJ C> 4( Z < 0:= C LOT 4GO 'b It) 3: l()~ l()O ~ 0 co. ~O l()l() "- en tI/W UN< FLORIDA EAST COAST RAILWAY 1'\ (100. R/W) SKETCH OF DESCRIPTION NOT A BOUNDARY SURVEY ABBREVIA TIONS SHEET 1 OF 2 AIC R/W If. FOR: AMERICAN SOCK & DEWATERING INC. 0 R DESCRIPTION: PARCEL "B", A PORTION OF FLORIDA L SHORES NO. 1 (RrVISED). SEE LEGAL DESCRIPTION CB ON SHEET 2. FPleL co. AIR CONDITIONER RIGHT OF WAY CENlERLl/E CENTRAL ANGLE RADIUS ARC LENGlH CHORD BEARING JOB # 02-0091 N.G.V.O. FLORIDA POWER Ie LIGHT COMPANY NATIONAL GEODETIC VERTICAL OA TIJM SCALE 1" = 20' FIELD BOOK PAGE U.S.c. Ie G.S. UNllEO STAlES COAST AND GEODETIC SURVEY LEGEND . IRON ROD W1lH CAP 0 IRON PIPE 0 CDNCRElE MONUMENT . PERMANENT REFERENCE MONUMENT & PERMANENT CONTROL POINT (R) RADIAL LINE (NR) NON-RADIAL LINE 0 EXISTING ELEVATION CJ PROPOSED ELEVATION ~ l!fbok: 4923 Page: 1 '/1 -- I 4 ~ SLIGER & ASSOCIATES, INC. 7 PROFESSIONAL LAND SURVEYORS -...J LICENSED BUSINESS CERTIFICATION NO. J019 " II 3921 NOVA ROAD 2 PORT ORANGE, FL. 32127 (386) 761-5385 Copyright 0 :?002. Sliger & Associotes, Inc. WWW.SlIGERASSOCIATES.COM SURVEYOR'S NOTES 1. NOTICE: THERE MAY BE ADDITIONAL RESTRICTIONS AND/OR OTHER MATTERS THAT ARE NOT SHOWN ON THIS PLAT OF SURVEY/SKETCH OF DESCRIPTION THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THIS SURVEY/ SKETCH PREPARED WITHOUT BENEFIT OF AN ABSTRACT. 2. DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF. J. BEARING STRUCTURE BASED ON RECORD PLAT WITH THE BEARING ON THE WEST RIGHT-OF-WAY LINE OF FERN PALM DRIVE BEING S?l'OS'4S"F 4. UNDERGROUND FOUNDATIONS, IF ANY, NOT LOCATED. 5. UNLESS OTHERWISE SHOWN, RECORD DISTANCES AND DIRECTIONS AND FIELD MEASURED DISTANCES AND DIRECTIONS ARE THE SAME. NOTE: NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. REFERENCE: PARCEL "B", A PORTION OF FLORIDA SHORES NO. 1 (REVISED) LEGAL DESCRIPTION: PARCEL "B" 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 P ARTlCULARL Y DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF SAID LOT 456; THENCE S14'l1'05'E ALONG THE WESTERLY LINE OF SAID LOTS 450 THROUGH 456, BLOCK 16, A DISTANCE OF 335.71 FEET TO THE SOUTHWEST CORNER OF SAID LOT 450; THENCE S75'48'55"W, A DISTANCE OF 50.00 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 N14'l1'05"W ALONG SAID EASTERl Y RIGHT-OF-WAY LINE, A DISTANCE OF 355.48 FEET TO ITS INTERSECTION WITH THE WESTERLY PROLONGA TION OF THE NORTHERLY LINE OF SAID LOT 456; THENCE S82'36'58"E ALONG THE WESTERL Y PROlONGA TION OF THE NORTHERLY LINE OF SAID lOT 456, A DISTANCE OF 53.76 FEET TO THE POINT OF BEGINNING: SAID DESCRIBED TRACT CONTAINING 0.40 ACRES, MORE OR lESS. PLAT PREPARED FOR THE FOLLOWING: (ONL Y THE LAST DATE IS CERTIFIED ON SEALED COPY) THIS PLAT OF SURVEY IS CERTIFIED TO AND PREPARED FOR THE SOLE AND EXCLUSIVE BENEFIT OF THE ENTITIES AND\OR INDIVIDUALS LISTED BELOW, ON THE MOST CURRENT DATE, AND SHALL NOT BE RELIED UPON BY ANY OTHER ENTITY OR INDIVIDUAL WHOMSOEVER. TYPE OF SURVEY CERTIFIED TO DATE JOB NUMBER SKETCH OF DESCRIPTION AMERICAN SOCK & DEWATERING INC. JANUARY 25. 2002 02-0091 NOT CERTIFIED TO ANY ENTITIES AND/OR INDIVIDUALS OTHER THAN THOSE LISTED ABOVE. SHEET 2 OF 2 VALID WITH SIGNATURE & EMBOSSED SEAL ONLY FOR: AMERICAN SOCK & DEWATERING INC. I HEREBY CERTIFY THAT THIS PLAT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE DATE JOB NO. P.C. DRW. CHECKED BY FlO~~F PROFESSIONAL SKETCH OF DESCRIPTION JANUARY 25 2002 02-0091 BB JR lAND SURVE IN CHAPTER BOUNDARY SURVEY 61G17-6. F. 0 A ADMINISTRATIVE TOPOGRAPHIC SURVEY CODE, PU T TO SECTION FOUNDA TION LOCATED 472.027 IDA S . FINAL IMPROVEMENTS ~/ RECERTIFICATION ~~PHEN B. SLIGER, P.L.::'. NU. -'794 PROPOSED HOUSE lOCATION J.E. ZAPERT. P.l.S. NO. 4046 STEVEN T. KRUGER, P.l.S. NO. 4722 C.O. VAN KlEECK JR., P.S.M. NO. 6149 Book: 98: SLIGER & ASSOCIATES, PROFESSIONAL LAND SURVEYORS LICENSED BUSINESS CERTIFICATION NO. 3019 3921 NOVA ROAD PORT ORANGE. FL. 32127 (386) 761-5385 Copyright @ 2002 Sliger & Associates. Inc. WWW.SLlGERASSOCIATES.COM 4923 122 INC. POINT OF BEGINNING FERN PALM DRIVE (50' R/W) GUAVA DRIVE (50' R/W) NORTHEAST CORNER OF LOT 456 S21 .06' 46"E 46.68' / / / / , IS: ' ~ ~ ~ 0); &) <:)' ....... r^ ry ....... ~....... /~ '10 ~ '10 lb '" lb ,lrj / 0: ,lrj .t5f / ~ .t5f ~!p~ Vj, Vj ir) ~ ~ " ~ t ~ o ~ ~ t ~~ ~CJ/.. t:J .;--*' ~R: lb (ij ~ CJ ,lrj ~&:Iv)~ ~ ~ ""t (;) C'O ~ ........ \C- :....... '" &0. It)'' / / / / / ~ 44.11' N14.11 '05"W ~lO 49.49' RIOA EAST COAST R/W LINE RAILWAY (100' R/W) R!W LINE LOT 456 SKETCH OF DESCRIPTION NOT A BOUNDARY SURVEY ABBREVIA TIONS AIC R/W ~ FOR: AMERICAN SOCK & DEWATERING INC. 0 R DESCRIPTION: PARCEL "C. A PORTION OF FLORIDA SHORES NO. 1 (REVISED). SEE LEGAL DESCRIPTION CB ON SHEET 2. FP&l co. AIR CONDITIONER RIGHT OF WAY CENTERUNE CENTRAL ANGLE RADIUS ARC lENGTH CHORD BEARING FLORIDA POWER '" UGHT COMP AN Y NATIONAL GEODETIC VERTICAL DATUM JOB II 02-1290 N.G.V.D. SCALE 1" = 20' FIELD BOOK U.S.C. '" G.S. UNITED STATES COAST AND GEODETIC SURVEY PAGE SHEET 1 OF 2 LEGEND . IRON ROD WITH CAP o IRON PIPE o . CONCRETE MONUMEN T PERMANENT REFERENCE MONUMENT PERMANENT CONTROL POINT RADIAL UNE NON-RADIAL UNE EXISTING ELEVATION PROPOSED ELEVATION & (R) (NR) o CJ SLIGER & ASSOCIATES, INC. n 0 Ih PROFESSIONAL LAND SURVEYORS 39 LICENSED BUSINESS CERTIFICATION NO. 3019 3921 NOVA ROAD 2 FORT ORANGE, FL. 32127 (386) 761-5385 Copyright © 2002 Sliger & Associates, Inc. G WWW.SLIGERASSOCIATES.COM m x SURVEYOR'S NOTES o L NOTICE: THERE MAY BE ADDITIONAL RESTRICTIONS AND/OR OTHER MATTERS THAT ARE NOT SHOWN ON THIS PEA OF SURVEY/SKETCH OF DESCRIPTION THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.THIS SURVE SKETCH PREPARED WITHOUT BENEFIT OF AN ABSTRACT. -T 2. DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF. 3, BEARING STRUCTURE BASED ON RECORD PLAT WITH THE BEARING ON THE WEST RIGHT-OF-WAY LINE OF FERN PALM DRIVE BEING R91116'48"F 4. UNDERGROUND FOUNDATIONS, IF ANY, NOT LOCATED. 5. UNLESS OTHERWISE SHOWN, RECORD DISTANCES AND DIRECTIONS AND FIELD MEASURED DISTANCES AND DIRECTIONS ARE THE SAME, 6. REVISED PARCEL C PER CLIENT INSTRUCTIONS (02-1290) MAY 16, 2002 (STK) 7. REVISED PARCEL C PER ATTORNEY INSTRUCTIONS (02-1290) JULY 22, 2002 (STK) NOTE: NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. REFERENCE: PARCEL 'C', A PORTION OF FLORIDA SHORES NO. 1 REVISED LEGAL DESCRIPTION: PARCEL 'C' A PORTION OF 16TH STREET LYING NORTHEASTERLY OF AND ADJACENT TO LOT 456, BLOCK 16, FLORIDA SHORES NO. 1 (REVISED) ACCORDING TO THE PLAT THEREOF AS RECORDED IN MAP BOOK 19. PAGE 109 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND IYS WESTERLY PROLONGATION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID LOT 455, BLOCK 16; THENCE N82'36'58'W ALONG THE NORTHERLY LINE OF SAID LOT 456 AND ITS WESTERLY PROLONGATION, A DISTANCE OF 126.48 FEET TO A POINT IN THE EASTERLY RIGHT-OF-WAY UNE OF THE FLORIDA EAST COAST RAILWAY, A 100 FOOT RIGHT-OF-WAY AS NOW LAID OUT; THENCE N14'11'05'W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 44.11 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID 16TH STREET; THENCE S8236'58'E, ALONG SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 120.42 FEET TO ITS INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 456; THENCE S21-06.46-E ALONG THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 456, A DISTANCE OF 46.68 FEET TO THE POINT OF BEGINNING, SAID DESCRIBED TRACT CONTAINING 0.1163 ACRES, MORE OR LESS. PLAT PREPARED FOR THE FOLLOWING: ONLY THE LAST DATE IS CERTIFIED ON SEALED COPY THIS PLAT OF SURVEY IS CERTIFIED TO AND PREPARED FOR THE SOLE AND EXCLUSIVE BENEFIT OF THE ENTITIES AND\OR INDIVIDUALS LISTED BELOW, ON THE MOST CURRENT DATE, AND SHALL NOT BE RELIED UPON BY ANY OTHER ENTITY OR INDIVIDUAL WHOMSOEVER. TYPE OF SURVEY CERTIFIED TO DATE JOB NUMBER SKETCH OF DESCRIPTION AMERICAN SOCK & DEWATERING INC. MAY 16. 2002 02-1290 NOT CERTIFIED TO ANY ENTITIES AND/OR INDIVIDUALS OTHER THAN THOSE LISTED ABOVE. SHEET 2 OF 2 VALID WITH SIGNATURE &..EMBOSSE6 SEAL ONLY FOR. AMERICAN SOCK & DEWATERING INC. HEREBY GEINIM HAT THIS PLAT MEETS THE RTIFY IA TECHNICAL STANDARDS SET FORTH BY THE PLORI DA AR. OF PROFESSIONAL LAND SU YORS IN CHAPTER 61G17 FLORIDA MI STRA➢Vff DOE, UANT T 5 CTION ''472 LOR yfTEPHtN&'SLIDER DAZE JOB N0. P.C. DRW. CHECKED BY SKETCH OF DESCRIPTION MAY 16, 2002 02-1290 N A SM STK BOUNDARY SURVEY TOPOGRAPHIC SUR Y FOUNDATION LOCATED FINAL IMPROVEMENTS RECERTIFICATION ' P. L S. NO. 3794 &E. ZAPERT.YL4.' NO, 4046 SIEVEN, T.. J(RDGER; P,L.5.-ND..4722 C.O. VAN�KLEEGK-JR.,. P.S.M_MD. 6149 PROPOSED HOUSE LOCATION I.t' IN Ld