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GRANTIN~~
RESOLUTION NO. 2002-R-15
A RESOLUTION OF e OF EDGEWATER,
FLORIDA, GRANTING 0 DENYI THE ABANDONING
AND VACATING OF A P . OF AN UNOPENED
RIGHT OF WAY LOCATED AT 23rd STREET WEST OF
SILVER PALM DRIVE, A 50 FOOT BY 125 FOOT RIGHT -OF-
WAY, LYING WESTERLY OF SILVER PALM DRIVE,
LYING SOUTHERLY OF LOT 11395, BLOCK 367; AND
ALSO LYING NORTHERLY OF LOT 11770, BLOCK 380,
FLORIDA SHORES NO. 16, AS FURTHER DESCRIBED IN
EXHIBITS A AND B; 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
a portion of an unimproved, unopened right-of-way located at 23rd Street, a 50 foot right-of-way,
lying Westerly of Silver Palm Drive, lying Southerly of Lot 11395, Block 367, Florida Shores No.
15, and also lying Northerly of Lot 11770, Block 380, Florida Shores No. 16; and
WHEREAS, Cindy Lovell, 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-15
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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 Friday, June 7, 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 23rd Street, a 50 foot right-of-way, lying Westerly
of Silver Palm Drive, lying Southerly of Lot 11395, Block 367, Florida Shores No. 15, and also lying
Northerly of Lot 11770, Block 380, Florida Shores No. 16, as further described in Exhibits "A" and
2002-R-15
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"B". See Exhibit "A" and Exhibit "B" 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.
AfterMotionby ~ flLt, and Second by ~ ~
the vote on this resolution was as follows to gran~he abandoning and vacating of the subject
property:
AYE
NAY
Mayor Donald A. Schmidt
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Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judith Lichter
2002-R-15
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PASSED AND DULY ADOPTED this __Ll— day of —, 2002.
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ATTEST:
Sown�J. V VaOsworth
V, 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
2002-R-15
CITY COUNCIL OF THE
CITY OF EDGEW//ATERR,/, FLORIDA
By: �n.c �-C1S
Donald A. Schmidt
Mayor
Robin at3 ick
Legal tssistant
Approved by the City Council during the
Council meeting held on the /? day of
Q�..w.� 2002 under
Agenda Item
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