2016-R-24 08/01/2016 03:06 PM
Instrument# 2016-140463 # 1
Book : 7284
Page : 1 473
RESOLUTION 2016-R-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, RATIFYING RESOLUTION
95-R-26 WHICH ABANDONED THE PORTION OF OTTER
DRIVE LYING SOUTHERLY OF AND ADJACENT TO
LOTS 12 AND 13,BLOCK B AND LYING NORTHERLY OF
AND ADJACENT TO LOTS 6 AND 7, BLOCK C, COLE'S
SUBDIVISION; PROVIDING THAT EACH ABUTTING
PROPERTY OWNER TAKES TITLE TO THE CENTER OF
THE RIGHT—OF-WAY; PROVIDNG FOR THE
RECORDING OF THIS RESOLUTION IN THE PUBLIC
RECORDS OF VOLUSIA COUNTY AND FILING WITH
THE VOLUSIA COUNTY PROPERTY APPRAISER;
REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS,the City Council of the City of Edgewater, Florida has made the following
determinations:
1. In 1995, Coronado Paint Company, Inc. requested the abandonment of the
portion of Otter Drive lying southerly of and adjacent to Lots 12 and 13, Block B and lying
northerly of and adjacent to Lots 6 and 7, Block C, Cole's Subdivision.
2. A public hearing was held on December 18, 1995, after notice of the
request was published in the Daytona Beach News-Journal on December 6, 1995, and after
notifying by mail all property owners who owned real property directly affected by the proposed
action and all property owners who owned real property within 500 feet of the subject property.
3. On December 18, 1995,the City Council determined that it was in the best
interest of the citizens of Edgewater to approve the requested abandonment and unanimously
passed Resolution 95-R-26 which is attached as Exhibit"A."
4. Due to a clerical error,Resolution 95-R-26 was never signed by the Mayor
or the City Clerk after passage and was not recorded in the Public Records of Volusia County.
5. The City Council has determined that it is in the best interest of the
citizens of Edgewater to ratify Resolution 95-R-26 to confirm the abandonment of the portion of
Otter Drive lying southerly of and adjacent to Lots 12 and 13, Block B and lying northerly of and
adjacent to Lots 6 and 7, Block C, Cole's Subdivision and to allow for a resolution to be
recorded in the public records.
1
2016-R-24
InstrtHnent# 2016-140463 # 2
Book : 7284
Page : 1474
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater,Florida:
Section 1. The City Council hereby ratifies and reaffirms Resolution 95-R-26 in all
respects.
Section 2. The City Council ratifies and reaffirms that Otter Drive, further described
as follows:
A portion of Otter Drive, a 40 foot right-of-way lying southerly of
and adjacent to Lots 12 and 13, Block B and lying northerly of and
adjacent to Lots 6 and 7, Block C, Cole's Subdivision,according to
plat thereof recorded in Map Book 23, Page 63 of the Public
Records of Volusia County, Florida and being more particularly
described as follows: Beginning at the Southwesterly corner of
said Lot 13, Bock B, said Cole's Subdivision; thence N 67°28'08"
E along the southerly line of Block B a distance of 119.68 feet to
the southeast corner of said Lot 12; thence S 21°59'20" E along
the southerly prolongation of the easterly line of said Lot 12, a
distance of 20.23 feet to the centerline of Otter; thence S
67°33'04" W along said centerline, a distance of 0.44 feet to the
intersection of the northerly prolongation of the easterly line of
said Lot 6; thence S 21°49'30" E a distance of 20.23 feet to the
northeast corner of said Lot 6; thence S 67° 38'00" W, a distance
of 120.00 feet to the northwest corner of said Lot 7; thence N
20°49'28" W along the easterly line of Old County Road, a
distance of 40.12 feet to the Point of Beginning.
was abandoned by the City Council on December 18, 1995.
Section 3. Upon abandonment, each abutting fee owner took title to the center of the
right-of-way.
Section 4. This resolution shall be recorded in the Public Records of Volusia County
and filed with the Volusia County Property Appraiser.
Section 5. All resolutions or parts of resolutions in conflict herewith be and the same
are hereby repealed.
2
2016-R-24
Instrument# 2016-140463 # 3
Book : 7284
Page : 1475
Section 6. This Resolution shall take effect upon adoption.
After Motion to approve by and
Second by ,)>c'1// a- �( C3X.� ,the vote on this resolution was as follows:
AYE NAY
Mayor Michael Ignasiak
Councilwoman Christine Power �+
Councilwoman Gigi Bennington N
Councilman Dan Blazi
Councilman Gary Conroy
PASSED AND DULY ADOPTED this idit‘ day of t-bly , 2016.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER FLORIDA
By/ / '4 f ��
.Robin L. atusick Michael Ignas k
, ',,Rity G1, rParalegal Mayor
•
i; br.tke.use;4rreliance only by the City of Approved by the City Council of the City
EllyS+ it'tlorida. Approved as to form of Edgewater at a meeting held on this
and legality by: day of
Aaron R. Wolfe, Esquire 2016 under Agenda Ite o. i� .
City Attorney
Doran Sims Wolfe&Ciocchetti
3
2016-R-24
Instrument# 2016-140463 # 4
Book : 7284
Page : 1476
EXHIBIT "A"
RESOLUTION#95-R-26
4
2016-R-24
Instrument# 2016-140463 # 5
Book : 7284 - ,
Page . 1477 4='
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CO
i CO N" RESOLUTION 95-R-26
gj N- - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
a OF EDGEWATER, FLORIDA, ABANDONING A PORTION OF
OTTER DRIVE LYING SOUTHERLY OF AND ADJACENT TO
MLOTS 12 AND 13, BLOCK B AND LYING NORTHERLY OF
O W AND ADJACENT TO LOTS 6 AND 7, BLOCK C, COLE'S
SUBDIVISION; PROVIDING THAT EACH ABUTTING
0 (G PROPERTY OWNER TAKES TITLE TO THE CENTER OF
1--+ O. THE RIGHT-OF-WAY; PROVIDING FOR THE RECORDING
OF THIS RESOLUTION IN THE PUBLIC RECORDS OF
VOLUSIA COUNTY AND FILING WITH THE VOLUSIA
COUNTY PROPERTY APPRAISER; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. Coronado Paint Company, Inc. has requested the
abandonment of a portion of Otter Drive lying southerly of and
adjacent to Lots 12 and 13, Block B and lying northerly of and
adjacent to Lots 6 and 7, Block C, Cole's Subdivision.
2. A public hearing was held on December 18, 1995, after
notice of the request was published in the Daytona News-Journal on
December 6, 1995, and notifying by mail all property owners who own
real property directly affected by the proposed action and all
property owners who own real property within 500 feet of the
subject property.
3. The City Council has determined that is in the best
interests of the citizens of Edgewater to approve the requested
abandonment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Edgewater, Florida:
Section 1. Subject to the conditions set forth in Section 2
below, the following described portion of Otter Drive is hereby
abandoned:
A portion of Otter Drive, a 40 foot right-of-
way lying southerly of and adjacent to Lots 12
and 13, Block B and lying northerly of and
adjacent to Lots 6 and 7, Block C, Cole's
Subdivision, according to plat thereof
recorded in Map Book 23, Page 63 of the Public
Records of Volueia County, Florida and being
more pertioulerly described as follows;
Beginning at the Southwesterly corner of said
Lot 13, Block B, said Cole's Subdivision;
thence N 67°28'08" E along the southerly line
of Block B, a distance of 119.68 feet to the
southeast corner of said Lot 12; thence S
21°59'20" E along the southerly prolongation
95-R-26 1
Instrument# 2016-140463 # 7
• Book : 7284
Page : 1479
of the easterly line of said Lot 12, a
distance of 20.23 feet to the centerline of
Otter; thence S 67°33'04" W along said
centerline, a distance of 0.44 feet to the
intersection of the northerly prolongation of
the easterly line cf said Lot 6; thence 2
21°49'30" E a distance of 20.23 feet to the
northeast corner of said Lot 6; thence S
67°38'00" W, a distance of 120.00 feet to the
northwest corner of said Lot 7; thence N
20°49'28" W along the easterly line of Old
County Road, a distance of 40.12 feet to the
Point of Beginning.
Section 2. This abandonment is specifically conditioned upon
satisfaction of the following items:
a. Coronado Paint Company, Inc. shall extend
the water main located on Old County Road east
to the intersection of Snider Street and Hart
Avenue, a distance of approximately four
hundred (400) linear feet to serve the new
fire hydrant to be located as determined by
the Department of Fire and Rescue Services.
The water main shall be at least six (6)
inches nominal diameter. Both the water main
extension and new fire hydrant shall meet all
applicable City specifications. Coronado
Paint Company, Inc. shall bear all costs
associated with the extension of the water
main and addition of the new fire hydrant
including the related restoration of all
public and private properties. Prior to
construction, the City reserves the right to
require the upsizing of the water main, but in
such case shall be responsible for the
additional costs attributable to such
upsizing.
b. At its expense, Coronado Paint Company,
Inc. shall relocate the fire hydrant currently
located on Snider Street to a location on Old
County Road as determined by the Department of
Fire and Rescue Services.
c. The existing fire hydrants located on
Otter Drive and Old County Road shall be left
in service for the purpose of providing fire
protection services to Coronado Paint Company,
Inc.
d. Coronado Paint Company, Inc. shall install
a turn-around for traffic at the western end
of Otter Drive. The turn-around shall
accommodate full size school buses, fire
trucks and garbage trucks and shall be subject
to the approval of the City Engineer.
e. Coronado Paint Company, Inc. shall
construct an accessway around the proposed
perking area on Old County Road sufficient to
accommodate the disabled occupant of 136 Otter
Drive.
f. At its expense, Coronado Paint Company,
Inc. shall provide the signage required to
identify the closing of Otter and Snider
Streets.
95-R-26 2
Instrument# 2016-140463 # 8
Book : 7284
Pdyt .: 1480
Diane M. Matousek
Volusia County, Clerk of Court
Section 3. Upon abandonment, each abutting fee owner takes
title to the center of the right-of-way.
Section 4. Upon adoption and satisfaction of the conditions
set forth in Section 2, notice thereof shall be published within
thirty (30) days in the Daytona News-Journal. Thereafter proof of
publication of the notice of public hearing, proof of publication
of the notice of adoption and a copy of this resolution shall be
recorded in the Public Records of Volusia County. A copy of the
resolution shall also be filed with the Volusia County Property
Appraiser.
Section 5. All resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 6. This resolution shall take effect upon recording.
After Motion by Councilman Hatfield and Second by Councilman
Hays, the vote on this resolution was as follows:
Mayor Jack H. Hayman, Sr. Aye
Councilman Danny K. Hatfield Aye
Councilwoman Louise A. Martin Aye
Councilman Mike Hays Aye
Councilman David L. Mitchum Aye
PASSED AND DULY ADOPTED this 18th day of December, 1995.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Jack H. Hayman, Sr.
city Clerk Mayor
APPROVED FOR FORM & CORRECTNESS:
Krista A. Storey
City Attorney
95-R-26 3