2016-R-09 7/28/2020 1:38:07 PM Instrument#2020138255#1 Book:7886 Page:11;
04/15/2016 02:15 Flo
RESOLUTION NO. 2016-R-09
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, VACATING PLANTING BUFFERS WITHIN
THE FLORIDA SHORES SUBDIVISION AND RESERVING
AND RETAINING A SIX (6) FOOT WIDE UTILITY
M
EASEENT BETWEEN 35 t STREET AND PARK
STREET; AUTHORIZING RECORDING; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY AND APPLICABILITY AND
ESTABLISHING AN EFFECTIVE DATE.
t
WHEREAS, the owner/developer of the Florida Shores subdivision platted planting
buffers within the subdivision;and
WHEREAS, the City has no desire/need for the planting buffers described in Exhibit
"A;"and
WHEREAS the City requires a six(6)foot wide utility easement between 35'Street and
the unopened portion of Park Street which is currently platted as a planting buffer, as more
particularly described in Exhibit`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 was published one (1) time in a newspaper of general circulation in the City of
I
Edgewater by an advertisement that was published in the Daytona 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
Vacations)and that the requested action is consistent with the City of Edgewater Comprehensive
Plan's goals, objectives and policies. The City Council further finds that vacating the planting
I
#2016-R-09
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Instrument#2020138255#2 Book:7886 Page:11;
trstrwienO ?u16-i? 3 c1 k L
Pa- sue : 3 .i 2
buffers 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 planting buffers while reserving and retaining a six (6)
foot wide utility easement between 351h Street and Park Street.
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 177.10](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
planting buffers described in Exhibit "A," but shall reserve and retain a six (6) foot utility
easement running between 35th Street and the unimproved portion of Park Street, as described in
Exhibit"B." As to the planting buffers between 35th Street and Park Street, 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 six(6) foot
wide utility easement which the City shall reserve and retain.
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. Conflictine Provisions. All resolutions or parts of resolutions in
2
#2016-R-09
Instrument#2020138255 #3 Book:7886 Page:11;
9 :t 13
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 ��L•�,ri�m��,.. �; �� x� and
Second by ��.ez-io *t W 2.?-1 -14 � G,�,� �? 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 ✓
4
2016-R-09
Instrument#2020138255#4 Book:7886 Page:11;
f
Inst-Tunen g 20It3-0683-5<Book : 7241
1=a C-1e 37-14.
PASSED AND DULY ADOPTED this day of •+, ,2016.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORI A
-L - --�C ,� -, By:
Mitch Honaker Michael Ignasi
Deputy City Clerk Mayor
4i;Fo theisand reliance only by the City of Approved by the City Council of the City of
cj Ed v eE Flora: Approved as to form Edgewater at a meeting held on this 4th day
:�'end egalit by:4aron R. Wolfe, Esquire of April, 2016 under Agenda Item No.
v•''• ......• ' tity Attorney 8 y_.
' �ir ,�ry• Doran.Wolfe,Sims&Ciocchetti
4
2016-R-09
Instrument#2020138255 #5 Book:7886 Page:11;
In l 2016-CO.3FA 1 5
• _4 / T
Diane M. Matousek
'lolusia County, Clerk of Court
EXHIBIT"A"
Legal Description
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r ....• l.�I Ild ilk'LIA,..•d 1!„y �+"•�. •x:-r' .....—��� i :, r..: 4 '`.
MR.A 41�aL':11 a�'Y 4n Y.4SNH• ��".� 'Y � t�+� E: e.fir �l i�}� ���a�_
5
#2016-R-09
Instrument#2020138255#6 Book:7886 Page:1178 Laura E. Roth, Volusia County Clerk of COL
EXHBIIT "B"
LEGAL DESCRIPTION
The below listed description is the subject area for abandonment/vacation:
Planting Strip Parcel:
8402-01-00-0004
6 FT PLANTING AREA RESERVED STRIP
ADJACENT TO UNIT 7 MB 23 PG 118 & UNIT 9 MB 23 PG 134 & UNIT 22 MB 19 PG 242
& UNIT 26 MB 19 PG 246 PER OR 5404 PG 0266 PER OR 5539 PG 4859-4861
04/15/2016 02:15 PM
Instrument# 2016-068364 # 1
Book _ 7241
Page : 3711
RESOLUTION NO. 2016-R-09
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, VACATING PLANTING BUFFERS WITHIN
THE FLORIDA SHORES SUBDIVISION AND RESERVING
AND RETAINING A SIX (6) FOOT WIDE UTILITY
EASEMENT BETWEEN 35 STREET AND PARK
STREET; AUTHORIZING RECORDING; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY AND APPLICABILITY AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the owner/developer of the Florida Shores subdivision platted planting
buffers within the subdivision; and
WHEREAS, the City has no desire/need for the planting buffers described in Exhibit
"A;"and
WHEREAS the City requires a six (6) foot wide utility easement between 35th Street and
the unopened portion of Park Street which is currently platted as a planting buffer, as more
particularly described in Exhibit"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 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 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
Vacations) and that the requested action is consistent with the City of Edgewater Comprehensive
Plan's goals, objectives and policies. The City Council further finds that vacating the planting
1
#2016-R-09
Instrument# 2016-068364 1 2
Book _ 7241
Page : 3712
buffers 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 planting buffers while reserving and retaining a six (6)
foot wide utility easement between 35th Street and Park Street.
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
planting buffers described in Exhibit "A," but shall reserve and retain a six (6) foot utility
easement running between 35th Street and the unimproved portion of Park Street, as described in
Exhibit"B." As to the planting buffers between 35th Street and Park Street, 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 six(6) foot
wide utility easement which the City shall reserve and retain.
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
2
#2016-R-09
Instrument# 2016-068364 # 3
Book : 7241
Page : 3713
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 at.pCa/rrct-,.. rlr't and
Second by CCu,)t j/C 1 'j i 4,4 t.10_r{ , 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
4
2016-R-09
Instrument# 2016-068364 # 4
• Book : 7241
• Page : 3714
PASSED AND DULY ADOPTED thisfday of , 2016.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORA
By: 4YeleCVII
Mitch Honaker Michael Ignasi
Deputy City Clerk Mayor
Fo the'ys(and*in: only by the City of Approved by the City Council of the City of
Ed�toieh Floria, Approved as to form Edgewater at a meeting held on this 4th day
-.and leplit'by:4'aron R. Wolfe, Esquire of April, 2016 under Agenda Item No.
ity Attorney
no', Doran,Wolfe,Sims&Ciocchetti
4
2016-R-09
Instrument# 2016-068364 # 5
• Book : 7241
• Pace : 3715
Diane M. Matousek
Volusia County, Clerk of Court
EXHIBIT "A"
Legal Description
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#2016-R-09