2006-R-0305/30/200610:36 an
C O Instrnent6 2006-136763 ! 1
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Page: 43
GRANTING ENYING
RESOLUTION NO. 2006-R-03
A RESOLUTION OF _THEECCITTYY.�OF EDGEWATER,
FLORIDA, GRANTING � t HE ABANDONING
AND VACATING A PORTION OF TWO (2) SIXTY (60) FOOT
UNIMPROVED ROAD RIGHT-OF-WAYS KNOWN AS
NELLIE STREET AND ALICE STREET WHICH ARE
LOCATED WITHIN THE RIVER OAKS CONDOMINIUM
PROJECT, AS FURTHER DESCRIBED IN EXHIBITS "A"
AND `B"; AUTHORIZING RECORDING; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY AND APPLICABILITY AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Scott R. Tobin (agent of record) for AH Edgewater, LLC on behalf of the River
Oaks Subdivision, the owners/applicants, have 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, the City Council of the City of Edgewater desires to abandon and vacate a
portion oftwo (2) sixty (60) foot unimproved road right-of-ways known as Nellie Street (60 x 400.48
feet) and Alice Street (60 x 629.28 feet), both portions of which are located within the River Oaks
Condominium Project, being more particularly described in Exhibits "A" and 'B"; 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
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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 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 May 5, 2006; 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. Authod . The City Council of the City of Edgewater has the authority
to adopt this Resolution pursuant to Article VIB 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 portions oftwo
(2) sixty (60) foot unimproved road right-of-ways known as Nellie Street (60 x 400.48 feet) and
Alice Street (60 x 629.28 feet), both portions of which are located within the River Oaks
Condominium Project, being more particularly described in Exhibits "A" and "B". See Exhibits
"A" and "B" 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,
2006-R-03
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•Florida, by the Volusia County Clerk of Court.
Section4. Conflicting Provisions. All resolutions or parts 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 Motionby councilwoman Lichter and Secondby councilwoman Rhodes
OK
the vote on this resolution was as follows to grantWNly the abandoning and vacating of the subject
7=.
AYE NAY
Mayor Mike Thomas x
Councilman Debra J. Rogers x
Councilman Dennis A. Vincenzi ABSENT
Councilwoman Harriet B. Rhodes x
Councilwoman Judith Lichter x
2006-R-03
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Instruaentl 2006-136763 f 4
.r Book: 5840
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PASSED AND DULY ADOPTED this 15th day of May, 2006.
ATTEST:::...::'...;.. .
Susan 7: W swerth
City Clerk.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
CITY COUNCIL OF THE
TV DGEWATE
Ry:
We Thomas
ayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this I Sth day
of May, 2006 under Agenda Item No. 6 1)
2006-R-03
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EXHIBIT "A"
Legal Description
ICI s111111 a6�1 Y 7 aI �Yl!
Proposed Abandonment/Vacation of a Portion of NELLIE STREET:
That portion of Nellie Street, a 60 foot right-of-way as per map or plat of Riverfront Estates, Unit
No. 2, recorded in Map Book 19 at page 31 of the Public Records of Volusia County, Florida, lying
easterly of Lots 13 and 14 and Westerly of Lots 15 and 16 of said Riverfront Estates Unit No. 2, and
being more particularly described as follows:
As a point of beginning commence at the Southeasterly comer of Lot 13 of said Riverfront Estates
Unit No. 2, thence North 22 degrees, 44 minutes, 48 seconds, West, along the Easterly line of said
Lots 13 and 14 also known as the Westerly right-of-way line of said Nellie Street a 60 foot right-of-
way, 400.47 feet more or less to the northeasterly comer of said Lot 14; thence North 68 degrees,
45 minutes, 50 seconds, East, along the Easterly projection of the Northerly line of said Lot 14, also
known as the Northerly line of said Riverfront Estates, Unit No. 2, and the Southerly line of Lot 6
of Riverfront Estates, as per map or plat of record in Map Book 19 at Page 18 of the Public Records
of Volusia County, Florida, 60.02 feet to the Northwesterly comer of said Lot 15 of said Riverfront
Estates, Unit No. 2; thence South 22 degrees, 44 minutes, 48 seconds, East, along the Westerly lines
of said Lots 15 and 16 also known as the Easterly right-of-way line of said Nellie Street, a 60 foot
right-of-way, 400.4 feet more or less to the Southwesterly comer of said Lot 16; thence South 68
degrees, 46 minutes, 22 seconds, West, along the Westerly projection of the Southerly line of said
Lot 16 and the Easterly projection of the Southerly line of said Lot 13, 60.02 feet to the Point of
Beginning.
Said parcel contains 0.55 acres more or less.
ALICE STREET -
Proposed AbandonmentfVacation of a Portion of ALICE STREET:
That portion of Alice Street, a 60 foot right-of-way as per map or plat ofRiverf ontEstates, Unit No.
2, recorded in Map Book 19 at Page 31 of the Public Records of Volusia County, Florida, lying
Easterly of Lots 25, 26 and 27 and Wester of Lot 28 of said Riverfront Estates Unit No. 2, and being
more particularly described as follows:
As a point of beginning commence at the Southeasterly comer of Lot 25 of said Riverfrom Estates
Unit No. 2, thence North 22 degrees, 46 minutes, 35 seconds, West, along the Easterly lines of said
Lots 25, 26 and 27, also known as the Westerly right-of-way line of said Alice Street, a 60 foot right-
of-way, 628.22 feet more or less to the Northeasterly comer of said lot 27; thence North 68 degrees,
45 minutes, 50 seconds, East, along the Easterly projection of the Northerly line of said Lot 27, also
known as the Northerly line of said Riverfront Estates Unit No. 2, also known as the Southerly line
of Lot 6, Riverfront Estates, as per map or plat or record in Map Book 19 at Page 18 of the Public
Records of Volusia County, Florida, 60.00 feet to the Northwesterly corner of Lot 28 of said
2006-R-03
Instrument# 2006-136763 # 6
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Page: 48
-Riverfront Estates, Unit No. 2; thence South 22 degrees, 46 minutes, 23 seconds East, along the
Westerly line of said Lot 28, also known as the Easterly line of said Alice Street, a 60 foot right-of-
way, 629.28 feet more or less, to the Southwesterly corner of said Lot 28; thence South 69 degrees,
46 minutes, 32 seconds West, along the Westerly projection of the Southerly line of said Lot 28, also
known as the Easterly projection of the Southerly line of said Lot 25, also known as the Northerly
right-of-way line of Jones Fish Camp Road, a 60 foot right-of-way, formerly known as Thomas
Street per map or plat of said Riverfront Estates, Unit No. 2, 60.00 feet to the Point of Beginning.
Said parcel contains 0.87 acres more or less.
2006-R-03
InstruentY 2006-136763 17
Book: 5840
Page: 49
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Book: 5840
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