2017-R-22 8/10/2017 3:09:49 PH
Instrumen-tit 2017157811 5 pages
• Book: 7434 Page: 4530
Electronically Recorded By
Volusia County Clerk of the Court
RESOLUTION NO. 2017-R-22
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, VACATING A PORTION OF THE FORTY (40)
FOOT UNIMPROVED RIGHT-OF-WAY KNOWN AS
MIAMI AVENUE; 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 Miami
Avenue which lies south of 35`" Street; and southwest of Pine Tree Drive.
WHEREAS, the City has no desire/need for the unopened portion of Miami Avenue and
therefore wishes to vacate 210.92±-feet of the forty (40) foot wide unopened right-of-way known
as Miami Avenue, being more particularly described in Exhibits "A" and "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 Beach News-Journal on July
27, 2017; 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 right-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
2017-R-22 1
of the City to vacate and abandon 210.92±-feet of said unopened right-of-way known as Miami
Avenue.
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 and Vacation. The City Council of the City of
Edgewater, Florida, hereby abandons, vacates and renounces any rights in and to the 210.92±-
foot portion of a forty (40) foot unimproved road right-of-way known as Miami Avenue, being
more particularly described in Exhibits "A"and"B".
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.
2017-R-22 2
Section 6. Adoption and Effective Date. This resolution shall take effect upon
adoption.
After Motion to approve by _c.tliyt,) c1 Z_J and
Second byr7 . vzsi- , the vote on this
resolution was as follows: J
AYE NAY
Mayor Michael Ignasiak
Councilwoman Christine Power
Councilwoman Amy Vogt '
Councilman Dan Blazi
Councilman Gary Conroy
PASSED AND DULY ADOPTED this day of(24.... .24_2_,,ct , 2017.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
'� 1n
By: c �sJ�
Robin L. Matusick Michael Ignas'
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 and Edgewater at a meeting held on this 7th day of
legality by: Aaron R. Wolfe, Esquire August. 2017 under Agenda Item No. 8 .
City Attorney
Doran, Wolfe,Sims&Ciocchetti
2017-R-22 3
EXHIBIT"A"
Legal Description
That portion of Miami Avenue, a 40-foot right of way, WASHINGTON PARK PART VI,
according to the map or plat thereof, as recorded in Map Book 11, Page 73 of the Public Record
of Volusia County, Florida, lying southerly of a line between the northeasterly corner of Block
"2", said Washington Park Part VI, and the northwesterly corner of Block "3", said Washington
Park Part VI and lying northerly of the southerly line of Lot 4, Block "3", said Washington Park
Part VI,extended west to the easterly line of Block"2", said Washington Park Part VI.
2017-R-22 4
EXHIBIT "B"
lad SS
Z
P
R
F
oP
7;.
9, SZ
T-
ST
�LF
ROW Vacation 35TH
I
TET
®Subject Property
Lzg
I Z111
2017-R-22 5