2017-R-16 This original document has been recorded electronically.
Book:7393 Page: 1178 Date:5/3/2017 09:21 AM
Instrument 42017087208#1
RESOLUTION NO. 2017-R-16 Laura E.Roth,Volusia County,Clerk of Court
Submitted by:wright&Casey,P.A.
A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA,
ABANNDONING/VACATING PLANTING STRIPS/BUFFERS ALONG
16TH STREET IN THE FLORIDA SHORES SUBDIVISION AND
RESERVING AND RETAINING A FIVE (5) FOOT WIDE UTILITY
EASEMENT; AND ABANDON/VACATE ALL OTHER PLANTING
STRIPS/BUFFERS WITHIN THE FLORIDA SHORES SUBDIVISION
THAT HAVE NOT ALREADY BEEN ABANDONED/VACATED;
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
strips/buffers within the subdivision;and
WHEREAS, since the planting buffers/strips referred to on the Florida Shores
Subdivision Plats have never been utilized nor developed, the City wishes to abandon/vacate any
and all other planting strips/buffers that have not already been abandoned/vacated; and
WHEREAS, in addition,the City has no desire/need for the planting buffers described in
Exhibit "A;" and
WHEREAS the City requires a five (5) foot wide utility easement across the subject
property currently platted as a planting strip/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 February 22,
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
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Laura E.Roth,Volusia County,Clerk of Court
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
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 five (5)
foot wide utility easement.
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 strips/buffers described in Exhibit "A", but shall reserve and retain a five (5) foot wide
utility easement as described in Exhibit "B". As to the planting strips/buffers, the subject
property will vest in the adjacent property owners, free and clear of any rights of the City, with
the exception of a five (5) foot wide utility easement which the City shall reserve and retain.
In addition, the City Council abandons, vacates and renounces any rights in and to any
and all other planting strips/buffers as described in Exhibit "C" and any others that have not
previously been abandoned or vacated and the subject property will vest in the adjacent property
owners,with the exception of utility easements 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
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Laura E.Roth,Volusia County,Clerk of Court
County. Florida, by the Volusia County Clerk of Court.
Section 4. Conflicting Provisions. All resolutions or parts of resolutions 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 Motion to approve by C �. and
Second by � r � n- Q , the vote on this
resolution was as follows:
AYE NAY
Mayor Michael Ignasiak
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilman Dan Blazi �.
Councilman Gary Conroy
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Laura E.Roth,Volusia County,Clerk of Court
PASSED AND DULY ADOPTED this 1St- day of , 2017.
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilman Dan Blazi �.
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this 1st day of May,2017.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
, By:Z.1C. /7(1Ced441)4\,Robin L. Matusick Michael Ignasia
City Clerk/Paralegal Mayor
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form Edgewater at a meeting held on this 1st day
and legality by: of May, 2017 under Agenda Item No. 8 r .
Aaron R. Wolfe,Esquire
City Attorney
Doran, Sims, Wolfe&Ciocchetti
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Laura E.Roth,Volusia County,Clerk of Court
EXHIBIT "A"
Legal Description
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Laura E.Roth,Volusia County,Clerk of Court
EXHIBIT"B"
Easement Area
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Laura E.Roth,Volusia County,Clerk of Court
EXHIBIT "C"
Florida Shores Planting Strips
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Book:7393 Page: 1185 Date:5/3/2017 09:21 AM
Instrument#2017087208#8
Laura E.Roth,Volusia County,Clerk of Court
Florida Shores Planting Strips
Planting strip spefically mentioned on
Plat Street Width (Feet) Notes
No 1 Revised 16th 5
No 2 Revised 16th 6
No 3 Revised 16th 6
No 4 Revised 12th 6
No 4 Revised Lime Tree 6 Also on Woodrick Sub Plat 44 - 59
No 5 Revised - Page 2 23rd 6 Not on next phases
No 7 Alamanda 6 Not on replat
No 7 Coco Palm 6 Not on replat
No 7 Glenwood 6 Not on replat
No 7 Glenwood 6 Not on replat
No 7 22nd 6 Not on replat
No 7 27th 6 Not on replat
No 7 28th 6 Not on replat
No 9 35th 6
No 9 India Palm 6
Planting strip drawn but not mentioned on
No 6 23rd 6 Not on next phases
No 6 28th 6 Not on next phases
No 22 Revised 35th 6
No 26 Revised 36th 6