2016-R-08 04/15/2016 02:13 PH
` Instrument# 2016-068358 # 1
Book : 7241
Page : 3692
CO C 0-C1- GG -EI
:' RESOLUTION NO. 2016-R-08
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RESOLUTION
CITY OF EDGEWATER,
0: .• PORTION OF THE FIFTY(5) OOT UNIMPROVED RIGHT-0F W YVACATING KNOWN AS
PARK STREET AND RETAINING A FOURTEEN (14) FOOT UTILITY EASEMENT;
AUTHORIZING RECORDING; REPEALING RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY AND APPLICABILITY AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS,the Washington Park Subdivision,Part VI was platted in October 1926 and
the majority of which has not been developed. At the time, the owner/developer platted Park
Street which lies south of 35th Street; and
WHEREAS, the City has no desire/need for the unopened portion of Park Street and
therefore wishes to vacate the fifty(50) foot wide unopened right-of-way known as Park Street,
being more particularly described in Exhibit"A";and
' WHEREAS the City requires a fourteen (14) foot wide utility easement On the northern
most portion of the unopened portion of Park Street, being more particularly described in
Exhibit "B". Between the planting buffer being abandoned (Resolution #2016-R-09) and Park
Street,the City will obtain a twenty foot(20')easement; 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 was published one (1) time in a newspaper of general circulation in the City of
Edgewater by an advertisement that was published in the Daytona Beach News-Journal on
March 23,2016; and
J
WHEREAS, the City Council of the City of Edgewater funds 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
#2016-R-08 1
---) ***THIS DOCUMENT IS BEING RE--RECORDED TO REFLECT THE CORRECT LEGAL DESCRIPTION
IN EXHIBIT "A" & WILL REPLACE THAT DOCUMENT RECORDED ON APRIL 15, 2016 at
OFFICIAL RECORDS BOOK #/7.241, PAGE 3692.
Instrument# 2016-058358 B 2
Book : 7241
Page _ 3693
E L1
C' Lt)
Vacations)and that the requested action is consistent with the City of Edgewater Comprehensive
.I ..
II CII) Plan's goals, objectives and policies. The City Council further finds that vacating the right-of-
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way will not affect the ownership or access of persons owning adjacent property;rty; and
WHEREAS, the City Council of the City of Edgewater finds that it is in the best interest
of the City to vacate and abandon said unopened right-of-way known as Park Street while
reserving and retaining a fourteen(14)foot wide utility easement running along the northernmost
portion of the vacated right-of-way.
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, Chapter 177.101(5), and Article IX (Application Procedures) of
Chapter 21 (Land Development Code) of the City of Edgewater. The foregoing recitals are
hereby incorporated herein by this reference and are hereby ratified and confirmed as being true.
Section 2. Abandonment,Vacation and Easement Area. The City Council of
the City of Edgewater, Florida, hereby abandons, vacates and renounces any rights in and to the
portion of a fifty (50) foot unimproved road right-of-way known as Park Street, being more
particularly described in Exhibit "A," but shall reserve and retain a fourteen (14) foot utility
easement running along the northern most portion of the vacated right-of-way, being more
particularly described in Exhibit."B." The subject property will vest in the property owners on
the southern side of the vacated unimproved right-of-way known as Park Street, free and clear of
any rights of the City,with the exception of a fourteen (14) foot wide utility easement which the
City shall reserve and retain.
#2016-R-08 2
Instrument# 2015-068358 # 3
Book : 7241
o, , Page : 3694
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F.' r"" Section 3. Recording. A certified copy of this Resolution shall be filed with the
CI0.1 Volusia County Property Appraiser and duly recorded into the Public Records of Volusia
GI
E1 CI d County,Florida,by the Volusia County Clerk of Court.
Section 4. Conflicting Provisions. All resolutions or parts of resolutions in
conflict herewith 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 Motion to approve by evu,vtC-r�;yr.cvl re: and
Second by r LS..B u 1AA>rkuzfri ./ , the vote on this
resolution was as follows:
AYE NAY
Mayor Michael Ignasiak
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Dan Blazi ✓
Councilman Gary Conroy
#2016-R-08 3
•
Instrument# 2016-068358 8 4
Book : 7241
Page : 3695 •
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PASSED AND DULY ADOPTED this 17/iiay of ielr7 L- ,2016.
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('IGrd
CCI C. ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
Z(Jr : •` / dovAir
Mitch Honaker Michael Ignasi:
Deputy City Clerk Mayor
•
•
•
•
•
•
•c o'mvyYusa�ze fiance only by the City of Approved by the City Council of the City of
. er,•,FFpjda. Approved as to form and Edgewater at a meeting held on this 4th day of
eait,3 by mn R. Wolfe,Esquire April,2016 under Agenda Item No. 8 w .
•• " :• ; City Attorney
� Doran,Wolfe,Sims&Ciocchetti
#2016-R-08 4
Instruaentit 2016-068358 0 5
•
Book : 7241
•
Page : 3696
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EXHIBIT "A"
.4—,
iv ea Legal Description
C ro Legall
CO CL That part of the platted ROW Park Street north and contiguous to lots 1 -- 11 of : ock 1
Washington Park Part 6 MB 11 PG 73,also being described as
Co . encing at the northwest corner of Lot 1 of Section 14 T-18 R-34 thence •uth 89 degrees
West a •ng the north line of afore mention Section 14 for a distance 25 f• t for the Point of
Beginnin', thence continuing South 89 degrees West on the North Li - of Section 14 for a
distance of 0 feet, thence South 1 degree East for a distance of . feet, thence North 89
degrees East fo • distance of 550 feet , thence North 1 degree We or a distance of 40 feet to
the point of beginn.•t.
Legal 2
That part of the platted ' •W Park Street north an. contiguous to lots 1 — 6 of Block 2
Washington Park Part 6 MB 1 'G 73,also being de 'ribed as
Commencing at the northwest come of Lot 1 • Section 14 T-18 R-34 thence North 89 degrees
East along the north line of afore me •o ection 14 for a distance 25 feet for the Point of
Beginning, thence South 1 degree East fo• distance of 40 feet,thence North 89 degrees East for
a distance of 388.4 feet, thence Nort• 0 d•trees 22 minutes East for a distance of 42.4 feet,
thence South 89 degrees West for • •istance of •4.34 feet to the point of beginning.
Legal 3
That part of the platted 'OW Park Street north and ••ntiguous to lots 1 &10 of Block 3
Washington Park Part( B 11 PG 73, also being describe. •s
Commencing at t northwest corner of Lot 1 of Section 14 T-1: -34 thence North 89 degrees
East along the orth line of afore mention Section 14 for a distance '39.34 feet for the Point of
Beginning, ence South 20 degrees 22 minutes East for a distance of .4 feet, thence North 89
degrees • ast for a distance of 250 feet, thence North 20 degrees 22 minute 'ast for a distance of
42.4 et, thence South 89 degrees West for a distance of 250 feet to the point .f beginning.
#2016-R-08 5
Inst ri until 2016-187880 # 6
Book : 7'3nq
Page : 4359
EXHIBIT "A"
Legal Description
Legal 1
That part of the platted ROW Park Street north and contiguous to lots 1 — 11 of Block 1
Washington Park Part 6 MB 11 PG 73, also being described as
Commencing at the northwest corner of Lot 1 of Section 14 T-18 R-34 thence South 89 degrees
West along the north line of afore mention Section 14 for a distance 25 feet for the Point of
Beginning, thence continuing South 89 degrees West on the North Line of Section 14 for a
distance of 550 feet, thence South 1 degree East for a distance of 40 feet, thence North 89
degrees East for a distance of 550 feet , thence North 1 degree West for a distance of 40 feet to
the point of beginning.
Legal 2
That part of the platted ROW Park Street north and contiguous to lots 1 — 6 of Block 2
Washington Park Part 6 MB 11 PG 73, also being described as
Commencing at the northwest corner of Lot 1 of Section 14 T-18 R-34 thence North 89 degrees
East along the north line of afore mention Section 14 for a distance 25 feet for the Point of
Beginning, thence South 1 degree East for a distance of 40 feet, thence North 89 degrees East for
a distance of 388.4 feet, thence North 20 degrees 22 minutes East : for a distance of 42.4
feet, thence South 89 degrees West for a distance of 374.34 feet to the point of beginning.
Legal 3
That part of the platted ROW Park Street north and contiguous to lots 1 &10 of Block 3
Washington Park Part 6 MB 11 PG 73, also being described as
Commencing at the northwest corner of Lot 1 of Section 14 T-18 R-34 thence North 89 degrees
East along the north line of afore mention Section 14 for a distance l39.31 MN feet for the
Point of Beginning, thence South 20 degrees 22 minutes East for a distance of 42.4 feet, thence
North 89 degrees East for a distance of 250 feet, thence North 20 degrees 22 minutes East 11111
for a distance of 42.4 feet, thence South 89 degrees West for a distance of 250 feet to the point of
beginning.
Best Available Image
4: Instruient8 2016-068358 8 6
Book : 7241
0).O Page : 3697
Diane M. Matousek
co 0,m Volusia County, Clerk of Court
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#2016-R-08 6
Test n cent# 2016-18788n # R
Brink : 7304
Page : 4361
Diane N. Matousek
Volusia County, Clerk of Court
City of
1WGEWATER1
CERTIFICATION
I, Robin L. Matusick, City Clerk/Paralegal of the City of Edgewater Florida, do hereby
certify that the attached is a true and Correct Copy of the City of Edgewater's Resolution
Number 2016-R-08 as it appears in the public records of the City of Edgewater, Florida. This
Certified Copy of Resolution Number 2016-R-08 will now be considered the original document.
IN WITNESS WHEREOF, I have set my hand and the seal of the City of Edgewater,
Florida, on this 30th day of September, 2016.
Robin L. Matusick
City Clerk/Paralegal
,45
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Office of the City Clerk/Paralegal
P.O. Box 100•Edgewater. FL 32132-0100
(386)424-2400 Ext. 1101 •Fax(386)424-2410
www.cttyofedgewater.org
04/15/2016 02:13 PM
Instrument# 2016-068358 # 1
Book : 7241
Page : 3692
RESOLUTION NO. 2016-R-08
A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA, VACATING A
PORTION OF THE FIFTY (50) FOOT UNIMPROVED RIGHT-OF-WAY KNOWN AS
PARK STREET AND RETAINING A FOURTEEN (14) FOOT UTILITY EASEMENT;
AUTHORIZING RECORDING; REPEALING RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY AND APPLICABILITY AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS,the Washington Park Subdivision, Part VI was platted in October 1926 and
the majority of which has not been developed. At the time, the owner/developer platted Park
Street which lies south of 35th Street; and
WHEREAS, the City has no desire/need for the unopened portion of Park Street and
therefore wishes to vacate the fifty (50) foot wide unopened right-of-way known as Park Street,
being more particularly described in Exhibit "A"; and
WHEREAS the City requires a fourteen (14) foot wide utility easement on the northern
most portion of the unopened portion of Park Street, being more particularly described in
Exhibit "B". Between the planting buffer being abandoned (Resolution #2016-R-09) and Park
Street, the City will obtain a twenty foot(20')easement; 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 was published one (1) time in a newspaper of general circulation in the City of
Edgewater by an advertisement that was published in the Daytona Beach News-Journal on
March 23, 2016; 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
#2016-R-08 1
Instrument# 2016-068358 # 2
Book : 7241
Page : 3693
Vacations) and that the requested action is consistent with the City of Edgewater Comprehensive
Plan'sgoals, objectives and policies. The City Council further finds that vacating the right-of-
way
ht-of-
way will not affect the ownership or access of persons owning adjacent property; and
WHEREAS, the City Council of the City of Edgewater finds that it is in the best interest
of the City to vacate and abandon said unopened right-of-way known as Park Street while
reserving and retaining a fourteen (14) foot wide utility easement running along the northernmost
portion of the vacated right-of-way.
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, Chapter 177.101(5), and Article IX (Application Procedures) of
Chapter 21 (Land Development Code) of the City of Edgewater. The foregoing recitals are
hereby incorporated herein by this reference and are hereby ratified and confirmed as being true.
Section 2. Abandonment,Vacation and Easement Area. The City Council of
the City of Edgewater, Florida, hereby abandons, vacates and renounces any rights in and to the
portion of a fifty (50) foot unimproved road right-of-way known as Park Street, being more
particularly described in Exhibit "A," but shall reserve and retain a fourteen (14) foot utility
easement running along the northern most portion of the vacated right-of-way, being more
particularly described in Exhibit "B." The subject property will vest in the property owners on
the southern side of the vacated unimproved right-of-way known as Park Street, free and clear of
any rights of the City, with the exception of a fourteen (14) foot wide utility easement which the
City shall reserve and retain.
#2016-R-08 2
Instrntt 2016-068358 11 3
Book : 7241
Race : 3694
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, Florida,by the Volusia County Clerk of Court.
Section 4. Conflicting Provisions. All resolutions or parts of resolutions in
conflict herewith 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 Motion to approve by u.F1 c i/j ,,,,, and
Second by A/0met-ii 04),;Jc.e , the vote on this
resolution was as follows:
AYE NAY
Mayor Michael Ignasiak
Councilwoman Christine Power
Councilwoman Gigi Bennington �!
Councilman Dan Blazi
Councilman Gary Conroy
#2016-R-08 3
Instrument# 2016-068358 # 4
Book : 7241
Page : 3695
.44PASSED AND DULY ADOPTED this 7 ' day of 'ler/ , 2016.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
/,„ /
By: Altio2/42'
Mitch Honaker Michael Ignasi
Deputy City Clerk Mayor
1 1.► ......
'
of th use reliance only by the City of Approved by the City Council of the City of
: ..1: dr e Fiejida. Approved as to form and Edgewater at a meeting held on this 4th day of
eitit4byiitupn R. Wolfe, Esquire April, 2016 under Agenda Item No. 8 .
;, sy•, ''"' ',;r.'City Attorney
•.....••••. Doran,Wolfe,Sims&Ciocchetti
#2016-R-08 4
Instrument# 2016-068358 1 5
Book : 7241
Page : 3696
EXHIBIT "A"
Legal Description
Legal 1
That part of the platted ROW Park Street north and contiguous to lots 1 — 11 of Block 1
Washington Park Part 6 MB 11 PG 73, also being described as
Commencing at the northwest corner of Lot 1 of Section 14 T-18 R-34 thence South 89 degrees
West along the north line of afore mention Section 14 for a distance 25 feet for the Point of
Beginning, thence continuing South 89 degrees West on the North Line of Section 14 for a
distance of 550 feet, thence South 1 degree East for a distance of 40 feet, thence North 89
degrees East for a distance of 550 feet , thence North 1 degree West for a distance of 40 feet to
the point of beginning.
Legal 2
That part of the platted ROW Park Street north and contiguous to lots 1 — 6 of Block 2
Washington Park Part 6 MB 11 PG 73, also being described as
Commencing at the northwest corner of Lot 1 of Section 14 T-18 R-34 thence North 89 degrees
East along the north line of afore mention Section 14 for a distance 25 feet for the Point of
Beginning,thence South 1 degree East for a distance of 40 feet,thence North 89 degrees East for
a distance of 388.4 feet, thence North 20 degrees 22 minutes East for a distance of 42.4 feet,
thence South 89 degrees West for a distance of 374.34 feet to the point of beginning.
Legal 3
That part of the platted ROW Park Street north and contiguous to lots 1 &10 of Block 3
Washington Park Part 6 MB 11 PG 73, also being described as
Commencing at the northwest corner of Lot 1 of Section 14 T-18 R-34 thence North 89 degrees
East along the north line of afore mention Section 14 for a distance 439.34 feet for the Point of
Beginning, thence South 20 degrees 22 minutes East for a distance of 42.4 feet, thence North 89
degrees East for a distance of 250 feet, thence North 20 degrees 22 minutes East for a distance of
42.4 feet, thence South 89 degrees West for a distance of 250 feet to the point of beginning.
#2016-R-08 5
Instrument# 2016-068358 I 6
Book : 7241
Page : 3697
Diane H. Hatousek
Volusia County, Clerk of Court
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#2016-R-08 6
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