87-R-18"29 a J 090F
PACE
RESOLUTION NO. 87-R-18 tYOIUSIA :.OUNT1'
F tA G
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, VACATING THE SEWER EASEMENT AT 612
NORTH RIDGEWOOD AVENUE, EDGEWATER, FLORIDA; AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO ACCEPT A GRANT OF A
NEW SEWER EASEMENT; REPEALING ALL RESOLUTIONS IN
CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Geil Development Services has submitted a site
plan for the construction of an office complex at 612 N.
Ridgewood Avenue, Edgewater, Florida, and has met the zoning
requirements for said construction and has requested the vacation
of that certain sewer easement on this property and will be the
sole user of said sewer line, and
WHEREAS, the provisions of Chapter 112 of the City Charter
of the City of Edgewater, Florida, are not applicable inasmuch as
the vacating of the street, avenue or alley are not involved, and
WHEREAS, the Superintendent of Utilities of the City of
Edgewater by memorandum to City Clerk/Administrator dated
February 9, 1987, advised it would be to the City's advantage to
vacate the existing easement and accept a new one in exchange,
subject to:
1.
The party requesting the easement exchange, will at
their expense, acquire necessary DER permits to allow
construction of the new line. The actual work is not to
begin until the DER permit is issued.
g c
f
Me seer line being abandoned shall be plugged
cti
angren ea'ad inoperable to prevent inflow/infiltration
w ¢
or #n ttgal connection to occur. This work shall be
M
w
penor' drat the expense of the party requesting the
ooeatAme
46cchange under the supervision of the City's
LO
"-cc
uti itig-s`=gection.
CD
D 0
ki a
n
Th QQ new;s ement will be subject to review as to legal
de3l4iption by the City Attorney. The easement shall be
of sufficient width and length for maintenance and
service considerations. The adjacent lot to the South
which borders U.S. 1, must be provided a lateral for
service.
WHEREAS, the City Council of the City of Edgewater at a
regular meeting of March 2, 1987, directed the City Attorney to
prepare a resolution vacating the aforementioned sewer easement,
more particularly described as listed below, and,
WHEREAS, the Planning and Zoning Board at their meeting of
February 19, 1987, approved the vacation of said easement.
_2 9 6 j 0909 C
NiK PAGE
V USIA ;*UNiY
F OVIOA
NOW, THEREFORE, B IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA:
SECTION 1. The City Council of the City of Edgewater,
Florida, hereby relinquishes, abandons, releases, and vacates all
right, title, and interest held by the City of Edgewater in the
following described sewer easement:
The West 11.1 feet of Lots 7, 8; 9, Block 1, Midway
Park as recorded in Map Book 8, page 65, Public Records
of Volusia County, Florida.
The East 5 feet of the West 16.1 feet of Lots 7, 8, 9,
Block 1, Midway Park as recorded in Map Book 8, Page 65,
Public Records of Volusia County, Florida.
The East 5 feet of the South 10 feet of Lot 13, Block 1,
Midway Park Subdivision and the East 5 feet of Lots 14 and
15, Block 1, Midway Park Subdivision, as recorded in Map
Book 8, page 65, Public Records of Volusia County, Florida.
SECTION 2. That the appropriate City Officials of the
City of Edgewater, are hereby authorized to accept a grant of a
new sewer easement, described as follows, and to execute a re-
lease of the abandoned easement, previously described in Section
The Southerly 10 feet of the Easterly 22 feet of the
Westerly 30 feet of Lot 7, Block 1, and the Southerly
15 feet of the Westerly 8 feet of said Lot 7 and the
Southerly 10 feet of Lot 13, Block 1, Midway Park Sub-
division, as shown on Map in Map Book 8, page 65, Public
Records of Volusia County, Florida.
SECTION 3. That all resolutions or parts of resolutions
in conflict herewith be and the same are hereby repealed.
SECTION 4. That this Resolution shall take effect
immediately upon its adoption by the City Council of the City of
Edgewater, Florida, at a regular meeting of said
Council held on the 16th day of March 1987, and
approved as provided by law.
This Resolution was introduced and sponsored by Councilman_
Asting , and was read and passed by a vote of the
City Council at a regular meeting held on the 16th
day of March 1987, and authenticated as
provided by law.
ROLL CALL VOTE AS FOLLOWS•
7
MAYO
2 Res. 87-R-18
295JOS16
„YOLUSIA OUNT�Y
FLOPIDA
Authenticated
1987.
�lzr,--_
COUNCI -Z THREE
CO CILMAN-ZONE FOUR
m �ls >n' 16th day of
l�
MAYOR
Thi Resolution prepared by:
- Y A ORNEY
March
3 Res. 87-R-18
035347
2J5J0911
110K •PACE
VOLUSIA COUNTY
FL01 IDA
THIS INSTRUMENT PFEPARE9 BY:
JEFFERSCN W. clARK, JR.
Attorney at law
P.O. Box 1450 - 417 Canal St.
New Smyrna Beach, FL 32070/1450
THE CITY Cr EDGMM, a nnicipal corporation,
releasor, for a good and valuable consideration, receipt of which is hereby
acknowledged, has abandoned, released, and discharged, to
SMVFN R. MWI ML and CH7dII[71TE A. MAYNE +L , his wife,
and by these presents does hereby abandon, release and discharge all those
certain reservations described below which were reserved to releusor in those
certain instruments described as follows:
1. An Easement Deed dated June 16, 1964 and recorded December 8, 1964
in official Records Book 669, Page 697, Public Records of Volusia County,
Florida, which grants a permanent easement for construction, operation and
maintenance of a sanitary sewerage system in, over, upon and across the
following described land situated in Edgewater, Volusia County, Florida, to -
wit:
The West 11.1 feet of Lot 7, 8 and 9, Block 1, Midway
Park as recorded in Map Book 8, Page 65 of the
Public Records of Volusia County, Florida.
and which also grants a temporary easement for construction and installation
of a sanitary sewerage system in, over, upon and across the following
described land situated in Edgewater, Volusia County, Florida, to -wit:
The Fast 5 feet of the West 16.1 feet of Lots 7, 8
and 9, Block 1, Midway Park as recorded in Map Book 8,
Page 65 of the Public Records of Volusia County, Florida.
2. An Easement Deed dated Jun 9, 1964 and recorded December 8, 1964 in
official Records Book 669, Page 708, which grants a tengorary easement for
construction and installation of a sanitary sewerage system in, over, upon and
across the following described land situated in Edgewater, Volusia Canty,
Florida, to -wit:
Tn Fast 5 feet of the South 10 feet of lot 13, Block 1,
Midway Park Sub. and the East 5 feet of Lots 14 and 15,
Block 1, Midway Park Sub. as recorded in Map Book 8,
Page 65 of the Public Records of Volusia County, Florida
Executed this / % IN day of March, 1987.
Signed and acknowledged in
the presence of:
CITY OF EDGEWATER, a municipal
corporation
'D
Cc `��tJfla By:
Attested 7By:
co/—
�
Citl Clerk
cc
In 4 you
4'7 C G
W 0 u
O J W
W W >�
295JOS12
9E VOLUSIA AUNTY
FLO�'9A
I HMUSY CERTIFY that on this day, before me, an officer duly authorized
in the State aforesaid and in the County aforesaid to take acl¢owledgt ts,
personally appeared,
to me kno%m to be the persons described in and who executed the foregoing
instrument and have acknowledged before me that they executed the same.
wi IIII'SS my hard and official seal in the County and State last
aforementioned this j'j day of March, 1987,
Rotary Pubf., State of Fw;ea
n� MY Comnusi Ex*e A4y v. MD
Q,LA� C?viciSC.Y M' &amussion expires:
Ngtaryl '; �'
U3;,a48
295Jos 13
VOLUSIA :OUNTT
FLO!'9a
THIS INSTRUMENT PREPARED BY:
JMTER.SON W. a", JR.
Attorney at Law
P.O. Box 1450 - 417 Canal St.
New Smyrna Beach, FL 32070/1450
KNOW ALL MW BY TBFSE PRESENTS: That
STEVEi R. MAZI LL and 067JUDrM A. KUNELL, his Wife,
as Grantors in consideration of One Dollar ($1.00) and other valuable
considerations to them in hard paid, receipt whereof is hereby acknowledged,
do hereby grant unto the City of Edgewater, Florida, as Grantee, and its
successors and assigns, an easement forever for a right of way to be used for
the construction, operation and maintenance of a sanitary sewerage system in,
over, upon and across the following described land situated in Edgewater,
Volusia County, Florida, to -wit:
The Southerly 10.00 feet of the Easterly 22.00 feet of the
Westerly 30.00 feet of Lot 7, Black 1 and the Southerly 15.00
feet of the Westerly 8.00 feet of said lot 7 and the Southerly
10.00 feet of lot 13, Block 1, Midway Park Subdivision as shown
on map in Map Book 8, Page 65 of the Public Records of
Volusia County, Florida
together with the right and privilege to reconstruct, inspect, alter, improve,
remove or relocate on the lard above described such sanitary sewerage, and
also the right to enter into and upon said lard to the extent necessary to
reconstruct, inspect, alter, improve, remove or relocate said sanitary
sewerage system.
IN WITNESS WBEMOF, said Grantors have hereunto set their hands and
seals this 11tL day of March, 1987.
Signed, seald and delivered /.
in the presence of:
ass as to Both " /� STET' MAXWELL
ctAeJ aCS/ �yt-�ik-�,ft/ '1 ��. (SEAT,)
Witness as to Both A. - 70
rn r
STATE OF FLDRIDA W
COUNTY OF VOIASIA Ln
_-ca tJ
I HEREBY CERTIFY that on this day, before none, !E rcel 1� dul��thorized
in the State and in the County aforesaid to take aZI ems, oral l�'
appeared, STEVEN R. wavw�'ns. and CBARLVITE A. wx0a 'L Rist—o
be the persons described in and who executed the forQ&. nyg in g ti%nd they
acknowledged before me that they executed the same.
WITNESS my hard and official seal in the County and State last aforesaid
this !1+jE /dayoof March, 1987.
,�v 0c. My commission expires:
Notary Public
�T D• R,^�'•.. H.Rary Yc[c. Sbk of Ronda
- My Comnx - Egmes Da. 26, IM
'Jr: L'`