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2002-R-22C RANTIN ENYING RESOLUTION NO. 2002-R-22 09/13/2002 12:11 itrument 0 2002-208755 rrbok : 4927 Page: 2769 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA, GRANTING OR DENYING THE ABANDONING AND VACATING OF A PORTION OF AN UNOPENED/UNIMPROVED 15 X 100 FOOT EASEMENT AND THE 15 X 114.63 FOOT RIGHT OF WAY LOCATED AT COQUINA DRIVE WEST OF BRADFORD ROAD, AS FURTHER DESCRIBED IN EXHIBITS A; 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 a P portion of anunopened/unimproved 15 X 100 foot easement and the 15 X 114.63 foot right-of-way located at Coquina Drive west of Bradford Road, being more particularly described in Exhibit A (pages 2 and 3); and WHEREAS, Joseph F. and Cynthia L. Cvach, the applicants, have 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-22 '-' Book: Jge: 4927 2770 Hearing was published one (I) time in a newspaper of general circulation in the City of Edgewater by an advertisement that was published in the Observer on Wednesday, August 21,2002; 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 Edgewater, Florida, hereby abandons, vacates and renounces any rights in and to the unopened/unimproved 15 X 100 foot easement and the 15 X 114.63 foot right-of-way located at Coquina Drive west of Bradford Road, as further described in Exhibits "A" (pages 2 and 3). See Exhibit "A" (pages 2 and 3) 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, 2002-R-22 2 '-' Book: ........a98: ....,; 4927 2771 Florida. Section 4. Severability. Ifany 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 ~ ~ andSecondby ~~ I?~J_ the vote on this resolution was as follows to~eny the abandoning and vacating of the subject property : AYE NAY Mayor Donald A. Schmidt l Councilman James P. Brown -X- Councilman Dennis A. Vincenzi L Councilwoman Harriet E. Rhodes L Councilwoman Judith Lichter L 2002-R-22 3 0 Book: 4927 Dage: 2772 PASSED AND DULY ADOPTED this / day of �in�l . 2002. ATTEST: -- Susan J: 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 2002-R-22 CITY COUNCIL OF THE CTTY + EDGEWATER, FLORIDA Donald A. Schmidt Mayor Robin L. Matnsick Legal Assistant Approved by the City Council during the Council meeting held on the day of 2002 under Agenda tem. Q'rCA4 -TD PC A Lf%aN fV\C Q o. E.. . ml- - 2773 LEGAL DESCRIPTION The 'd{est 100 feet of Lot 7, of the }catch Homestead according to the map or plat of said subdivision that is on file with and recorded in the office of the Clerk of the Circuit Court of Volusia County, Florida, in G.ap Book 3, page 81; Subject to an easement along the Southerly portion of said property for road or the right-of-way purposes, fifteen (15) feet wide, said easement being reserved and hereby dedicated to the use of the public forever. SURVEYORS NOTES: (1) AS SCALED FROM FLOOD INSURANCE RATE MAP 120308 0001 C DATED 6/4/90 THE ABOVE DESCRIBED PROPERTY LIES IN FLOOD ZONE X (2) ALL SET CORNERS ARE WIRON RODS WITH PLASTIC CAPS STAMPED L.S. 3450 UNLESS OTHERWISE NOTED. (3) ALL ELEVATIONS SHOWN HEREON ARE BASED ON (4) ALL BEARINGS AND DISTANCES SHOWN HEREON ARE PLAT UNLESS OTHERWISE NOTED. IS) UNDERGROUND UTILITIES AND FOUNDATIONS NOT LOCATED. (6)THIS SURVEY WAS PREPARED WITHOUT THE.BENEFIT OF AN ABSTRACT. (9)THE SURVEY SHOWN HEREON 15 NOT COVERED BY.PROFESSIONALLI ABILITY INSURANCE. (8) ALL ANGLES SHOWN HEREON ARE FIELD MEASURED. LEGAL DESCRIPTION PER O.R.B. 118, P3528. (B) SEE SHEETS OF 3 FOR DESCRIPTIONS BY UNDERSIGNED FOR PARCELS 1 a 2. LEGEND C=CALCULATED P.U.a ILESMT. -PUBLIC UTILI TYa DRAINAGE EASE WENT C. B. = CONCRETE BLOCK M=MEASURED RC.= POINT OF CURVE COL.= COLUMN P. = PLAT P.C.C.= POINT OF COMPOUND CURVE COVD.R COVERED D.- DEED RR.C.= POINT OF REVERSE CURVE R/W = RIGHT OF WAY FD? FOUND RT. = POINT OF TANGENCY PVMT. = PAVEMENT LP.=IRON PIPE P.C.P.=PERMANENT CONTROL POINT R.P.= RADIUS POINT I.R.=IRON ROD P. R.M.= PERMANENT REFERENCE MONUMENT f =CENTERLINE iN/D=NAIL a DISK C.NL = CONCRETE MONUMENT R = RADIUS D.H: DRILL HCLE C.B.S.= CONCRETE BLOCK STUCCO A =DELTA ANGLE 3 TYR = TYPICAL C.T.V. = CABLE TELEVISION RISER A = ARC LENGTH N.M.=WATER METER C.L.F. =CHAINLINK FENCE M.M.=MANHOLE P/P=POWER POLE CHO. BRNG.=CHORD BEARING 10.00 = EXISTING ELEVATION -EL.=TELEPHO.CE RISER O.R.B.= OFFICIAL RECrRD BOOK Act=CO\C.AIRCONDITIGN'WG PAD. W.F. = WOOD FENCE 1 HEREBY CERTIFY, THAT THIS 'MAP OF SURVEY' MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA"BOARD OF PRCFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61G 9-6, FLORIDA ADMINISTRATIVE CODE , PURSUANT TO SECTION 472.027, FLORIDA STATUTES, ANDS TRUE AND CORRECT TO THE BESTOFMY KNONLEDGE AND BELIEF AS RECENTLY SURVEYED AND PLATTED UNDER MY DIRECTION. ALL THE FOREGOING SUBJECT TO ANY DEDICATIONS, LIMITATIONS, RESERVATION$, RESTRICTIONS OR EASEMENTS OF RECORD. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPFIER DATE ORDER NO. F.B. PG. TYPE OF SURVEY AAA/Pr REVISIONS 11 /20/2ODI 33/50-51 BOUNDARY SURVEYIVACANT)- 5/14/02 3/ 0-51 SPECIAL PURPOSE SURVEY TO SHOW PARCELS 1 8 2 RFK2J±M1-EA-ET— OF COQUINA DRIVE TO BE VACATED. _ CERTIFIEDTO: JOSEPH AND CYNTHIA CVACH R `�" `` '5450 ..STATE OF FLORIDA SCALE FORARE LAND 1"= 30'Nr,.r I608 PINE 4DELAND W s FLOR16A 32424� SHEET I OF 3 3e6-71_4-4Z45 386-427.0852 -' ... J~.5M'lP..NO 10. I TOPBEHTO.lz'S) . FD.5/14/0Z SET 1.1'1. r o -i en G) J: .. -i 0 "0 (I) lAO " - xii: ". ~ 0 ~ 1> lJ l:D 0 0 r ^ 0 -i OJ --.J lJ G) ~ (") 0 0 C Z l> :S:J:\J 1>1>1> "O-t~ w2-i 8 Vio ^ J:'" u or ~ ;s:O "Om'; ~G) ~ en Cl)m -1> 0 ~ 14 -: rr' .. 165.00' P. a M. ovem.ocs WI"" :7 WEST IOO'OF LOT 7 7 VAc.. 4 tVT C.L. F. 165.od P. aM. @ = 890 42'30"M. @ : 900 I 7' 3D' M. ro.S~'I.P. NO 10. O.IS'N FD. RAILROAD SPIKE IlH IIz' LP. NO 10. FD. ~'I.R.e.ClIP NO 1 D. . . 4 27 4 Fll S6"1-R. lJl.3S19 0.38'!.. 0.34'w, Ftl S'OIl>.. c:..... NOIO.,O.43'W. 0.30' N. \ 0 0 ... 8 - 1Q ... 0 0 ~ 0:> ~ o ILZ'-8 8.3" @ SET '.1'1. ot "0 1> ::0 -i J: 1> 0 -t ." () J: r (I) 0 -i J: @ 0 --.J Fll.s.'lI'I.R. 16 $.00' p.afoC. (I) L.B.2S99 -i Z m 0 1> -i 0 ~ "0 () -- ~ r c 0 Y" rr1 0 "0 Cl) Nr . LOT 7 rXCEPTTHE W'LY 47S' (O.R.S. 3147, PG. 04061 EDGEWATER R 0..7 WCOOFR~ ~ ~SHOe: PIT. . r--1 "I' 1 TVP.) " . ILZ -r::.J ' '. .SI-t..EET 2 OF 3 r age: 2775 uL'ane M. Matousek Volusia County, Clerk of Court SURVEYORS DESCRIPTIONS PARCEL 1 A part of a 15 foot wide easement for road right-of-way of Coquina Drive, City of Edgewater, Florida, being more particularly described as follows: The Southerly 15 feet of the West 100 feet of Lot 7, HATCHE'S HOMESTEAD, as shown on Map in Map Book 3, Page 81, of the Public Records of Volusia County, Florida. PARCEL 2 A part of a 15 foot wide road right-of-way of Coquina Drive, City of Edgewater, Florida, being more particularly described as follows: The Northerly 15 feet of the West 114.63 feet of Lot 6, HATCHE'S HOMESTEAD, as shown on Map in Map Book 3. Page 81, of the Public Records of Volusia County, Florida. SHEET 3 OF3 r