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2016-R-25 08/01/2016 03:22 PH Instrument# 2016-140503 # 1 Rook : 7284 Page : 1578 RESOLUTION 2016-R-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, RATIFYING RESOLUTION 95-R-27 WHICH ABANDONED SNIDER STREET BETWEEN OLD COUNTY ROAD AND HART AVENUE; AND PROVIDED THAT EACH ABUTTING PROPERTY OWNER TAKES TITLE TO THE CENTER OF THE RIGHT—OF-WAY; PROVIDNG FOR THE RECORDING OF THIS RESOLUTION LN 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 Snider Street, also known as Snyder Street, between Old County Road and Hart Avenue. 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. After considerable discussion, the public hearing was continued to January 8, 1996. 3. On January 8, 1996, 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-27 which is attached as Exhibit"A." 4. Due to a clerical error, Resolution 95-R-27 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-27 to confirm the abandonment of Snider/Snyder Street between Old County Road and Hart Avenue and to allow for a resolution abandoning Snider/Snyder Street to be recorded in the public records. 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-27 in all respects. 1 2016-R-25 Instrument" 2016-140503 # 2 Book : 7284 Page : 1579 Section 2. The City Council ratifies and reaffirms that Snider/Snyder Street, further described as follows: A 40 foot right-of-way as shown on Cole's Subdivision, according to plat thereof recorded in Map Book 23, Page 63, of the Public Records of Volusia County, Florida, lying southerly of and adjacent to Lots 8 to 14, Block C, said Cole's Subdivision and lying northerly of said Lot 1, Block D. said Cole's Subdivision and being more particularly described as follows: beginning at a PRM marking the southeasterly corner of said Lot 8, Bock C, thence S 28°42'01" E along the westerly line of Hart Avenue, a distance of 41.28 feet to the northeast corner of said Lot 1. Block D, thence S 73°43'49" W along the northerly line of said Lot 1, Block D, a distance of 73.01 feet to the northwest corner of said Lot 1; thence S 74°00'00" W along the southerly line of said Snider Street, a distance of 383.53 feet to the easterly line of Old County Road; thence N 22°20'49" W along said easterly line, a distance of 40.17 feet to the southwest corner of said Lot 14. Block C; thence N 73°54'57" E along the southerly line of said Block C, said line also being the northerly line of Snider Street, a distance of 452.71 feet to the Point of Beginning. was abandoned by the City Council on January 8, 1996. 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. Section 6. This Resolution shall take effect upon adoption. After Motion to approve by X-4.A , c, AyPr and Second by � , RadGLZ ,the vote on this resolution was as follows: 2 2016-R-25 Instru®ent# 2016-140503 # 3 Book : 7284 Page : 1580 AYE NAY Mayor Michael Ignasiak Councilwoman Christine Power _ Councilwoman Gigi Bennington Councilman Dan Blazi \, Councilman Gary Conroy PASSED AND DULY ADOPTED this )S*day of g ,2016. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA it nasi cR6.6in L. Matusick Michael Ig vtity Clerk/Paralegal Mayor :14 i Forrthi`'ils4land reliance only by the City of Approved by the City Council of the City 'Edg'w*r,tFlorif� Approved as to form of Ed ewater at ameting held on this ad leg city by: ' day of " . .. •• ; Aaron R. Wolfe, Esquire 2016 under Agenda Ite o. ] • v4172' A► ,;::;City Attorney Doran Sims Wolfe&Ciocchetti 3 2016-R-25 Instrusent# 2016-140503 # 4 • Z Book : 7284 s' f 1$ Page : 1581 "1- - 11 T . y , a•nC.. y : ■ OG .',..::.:?.t.',..::.:?.t.° LO VC1aLL V 0, Ogpr In LL••COL� LC? �^voa ',..'t. : ':'"O ✓2,.o• J- a i � i ' tp- c 20- x yo- c°o S' cq✓ :$ case✓. ° -- x� v34• n e11 gi ui w " [ a .TjI!! p O - ^ 4II7. n.: w° .8 f „e� Fp oci•9• ✓! f! sozz• M.. .°. ,r,e+�! :51 ";"..11 y . r O` J t• - / f ', _- • pmboo, M ::"tr. O O74M • bvVv 4 9O _-- r ebuV -.1; '2 M✓v 79ii' Oiw 1. I ."-- i ;\ " "2 >v,coy o N r 44 m i✓e .Z ".. 1-21 *7 Z 1 7.. �I N. .00 o-ser 6s3 -r-g-.: ar r . yr ,- g. _ 14 -2'"J. •r.Qyy O• ✓✓ 2,i2-624 ,].• C! : v 0- - RO. I <O. -.. :": 12.2.2c • CO . a ✓a .w Oay3. r" = Gu> O U a .3.eY0i 04. • eg: Instrument# 2016-140503 # 5 Bok: 7284 Page : 1582 RESOLUTION 95-R-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ABANDONING SNIDER STREET BETWEEN OLD COUNTY ROAD AND HART AVENUE; PROVIDING THAT EACH ABUTTING PROPERTY OWNER TAKES TITLE TO THE CENTER OF 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 Snider Street between Old County Road and Hart Avenue. 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. After considerable discussion, the public hearing was continued until January 8, 1996. 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 condition set forth in Section 2 below, Snider Street, further described as follows, is hereby abandoned: A 40 foot right-of-way as shown on Cole's Subdivision, according to plat thereof recorded in Map Book 23, Page 63 of the Public Records of Volusia County, Florida, lying southerly of and adjacent to Lots 8 to 14, Block C, said Cole's Subdivision and lying northerly of Lot 1, Block D, said Cole's Subdivision and being more particularly described ep follows: Beginning at a PRM marking the southeasterly corner of said Lot 8, Block C, thence S 24°42'01" E along the westerly line of Hart Avenue, a distance of 41.28 fast to the northeast corner of said Lot 1, Block D, thence S 73'43'49" W along the northerly line of said Lot 1, Block D, a distance of 73.81 feet to the northwest corner 95-R-27 1 CD C1 I CO CO of said Lot 1; thence S 74'00'00" W along the C\JL() southerly line of said Snider Street, a r- distance of 383.53 feet to the easterly line of Old County Road; thence N 22'20'49" W along said easterly line, a distance of 40.17 feet to the southwest corner of said Lot 14, Block C; thence N 73°54'57" E along the southerly !- 0 m line of said Block C, said line also being the 0 northerly line of Snider Street, a distance of (fl a 452.71 feet to the Point of Beginning. Section 2. This abandonment is specifically conditioned upon the payment by Coronado Paint, Inc. to the City of the sum of nine thousand nine hundred thirty-two and 50/100 dollars ($9,932.50) to be utilized as determined by the City Council to compensate for the loss of the Snider Street right-of-way. Such funds shall be utilized within the Snider Street neighborhood. Section 3. Upon abandonment, each abutting fee owner takes title to the center of the right-of-way. Section 4. Upon adoption of this resolution and payment of the $9,932.50 by Coronado Paint Company, Inc., 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 Mitchum 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. Mitqhml AYE PASSED AND DULY ADOPTED this 8th day of January, 1996. 95-R-27 2 N- 8 U O COLO W-6 U N L^ ATTEST: CITY COUNCIL OF THE +4 CITY OF EDGEWATER, FLORIDA .14 C C " " J By: Susan J. Wadsworth Jack H. Hayman, Sr. 0 0) 'Et; City Clerk Mayor V") oft, M1E4 CO O. � APPROVED FOR FORM & CORRECTNESS: Krista A. Storey City Attorney 91-R-27 3