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2018-R-28 - Vacating a portion of Palmetto Street 1/10/2019 12:48:09 PM Instrument#2019005933#1 Book:7643 Page:2796 RESOLUTION NO. 2018-R-28 A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF EDGEWATER, FLORIDA, VACATING APPROXIMATELY NINETY-SEVEN (97) LINEAL FEET OF PALMETTO STREET FOR THE PROPOSED REALIGNMENT OF TENTH STREET; AUTHORIZING RECORDING; REPEALING RESOLUTIONS IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater has made the following determinations: WHEREAS,On October I,2018,City Council authorized an Interlocal Agreement with the County of Volusia for Road Construction, Improvements, and Maintenance Responsibility concerning 10' Street from Myrtle Avenue to US Highway 1;and WHEREAS,pursuant to the Interlocal Aggeement with the Countythe Cityagreed to vacate a portion of Palmetto Street;and WHEREAS,Road construction of lou Street will include realignment south of its current limits thereby overlaying a portion of Palmetto Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater,Florida as follows: Section 1. Authoritv. The City Council of the City of Edgewater has the authority to adopt this Resolution pursuant to Article Vlll of the Constitution of the State of Florida and Chapters 166 and 177,Florida Statutes. The foregoingrecitals are hereby incorporated herein by this reference and are hereby ratified and confirmed as being true. Section 2. Vacation.The portion of Palmetto Street described in Exhibit A is hereby vacated and abandoned and title to the subject property will vest with the County of Volusia. Section 3. Recording. A certified copy of this Resolution shall be filed with the Volusia County Property Appraiser and duty recorded into the Public Records of Volusia County, Florida. #2018-R-28 1 Instmment#2019005933#2 Book:7643 Page:2797 Section 4. Severability and Applicability. If any portion of this Resolution is for any reason 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 many other person, property,or circumstance. Section 5. Conflicting Provisions. All resolutions,or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 6. Effective Date. This resolution shall become effective upon adoption. During the December 3, 2018 Council meeting, a motion to approve was made by with Second by ect� The vote on this resolution is as follows: AYE NAY Mayor Michael Thomas Councilwoman Christine Power Councilwoman Amy Vogt Councilman Megan O'Keefe Councilman Gary Conroy �+ #2018-R-28 2 Instrument#2019005933#3 Book:7643 Page:2798 PASSED AND DULY ADOPTED this 3rd day of December,2018. ATTEST: CITY COUNCIL OF TILE CITY OF EDGE WATER,FLORIDA �c' k: V Robin L.Matuawk I ich. el TN 1 City Clerk/Paralegal 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 3rd day of legality by: Aaron Wolfe December, 2018 under Agenda item No. CityAttorney Doran Sims Wolfe&Ciocchetti #201&R-28 3 Instrument#2019005933 44 Book:7643 Page:2799 EXHIBIT"A" PROPERTY SKETCH AND DESCRIPTION #2018-R-28 4 __,#2019005933r_zm__ I »®■ , q /#a a�e«� � y ■ � � . %2\ \@ • gyp @ . . . . . S � ��� � . _ ■ : .S1 , L (/} LU , \ / » / mp, \ \ e /! * ( Lu/f \ ! \ /\; / §f ■ o 6 ( \)§ §, i \§\ j [ §, |� _ 22 e r, ,, lax- 60, ` 0 ~ ~ » ƒ © �. ~ t ) a ci ° _ ! i , � Instrument#2019005933#6 Book:7643 Page:2801 Laura E. Roth,Volusia County Clerk of Court LEGAL DESCRIPTION(ADDITIONAL R/WTOR PAWETT0 ST.TO OTYOFEDGEWATERJ: THAT PART OF LOT 11,ASSESSOR'S SUBDIVISION,OF THE JOSEPH SANCHEZAND ROBERT SHEPARD GRANTS AS RFCORDEDIN MAP BOOK3,PAGE49 OFTHE PUBUCRECOADSOF MLUSIA COUNTY,FLORIDA,LYING"TOFUS.MGHWAYNO.I(OIDO/XIE HIGHWAY)AND EASTOFRALMETTO STREET,OTHER WLSEBE/NG DESCBIBFOAS FOLLOWS: COMMENCEAT THE PO/NTOF/NTERSECl/ON OFTHE WEST RIGHTOF WAYUNEOF U.S."WHWAYNO.1 WITH NMESOUTH L/NEOFLOT Sl,SUBDIVLSIONOFTHEJDMPH 14NCHEZANDROBERTSHEPARD GRANTS,AS RECORDED LN MAPBOOK3,PAGE49,OFTHEPUBUC REMRVSOFVOLU5NI COUNTY,FLORIDA,THENCE571-17'01^W(S 71'10'20'W(DEED),ALONG THE SOUMUM OFSANI LOT11,BONG PMENORTHLfNEoF"DWAyPARK PgGE86,))ETREPUBLIRECORDSOFVOLUSM COUN/Y,FLORIDA,ADISTANCE OF 507.56 FEET 701HE PORN OF BEGINNING:THENCECODNUF ALONG SAID SOUTH LINEA DISMNaOF31.11 FEETTO THEEASTRIGHTOF WAYLINEOFPALMETTOSTIIEETHENCENW-23'52-W(NW-59'40-WDEED),ALONGSAIDFASTAIGHIOFWAYUNE,93.11 FEET,TNENCEDEARONG SAID flI AWAY UNE,AUNN 89'3430"F,A DISTANCEOF30.00FEET MENCE500 43'56-E A D/STANCEOF83.03 M TNESOUTH LINEOF AFOAESAID LOTI1 AND THE POMTOFBEGRINING. THE DESCN)RED PARCEL COMAINS Z 665 SQUARE FEET MORE CR L ES5. SMECTTO EASEMENTS OF RECORD. LEGAL DESCRIPTION(PALMETTO STREENACATION): THAT PORHOFIOF PALMET RJ STREETT,A W.W FOOT WIDE RIGHT OF WAY,ACCOROR/G TO THE PLAT OF POWYER-TALLEYSUBMMON,AS RECORDED IN MAPBWKI3,PAGE92 OF THE PUBUCRECORDSOFvoLUSIA COUNTY,FLORIDA,LVINGSWTHOFA LINETHAT LS50.00 FEET50URIOFAND PARALLEL WITH THECENTERLINE OFCONSlAUCifW AS DEPKTEOONTNF RIGHT Of WAYPARCEL MAPOF IFNTHSTREET(PROIECTIORAMM NUMBER SWI),ON Fla WIMTRE VOLUSIA COVhW ENGINEERING DEPARTMENT. THIS DESCRIPTIW PREPARED BY:MARKS MCCLIIN OF VOLUSIA COUNTY ENGINEEMNGANDCONSTNUCTION,A DIVISION OF WLUSDI COUNNPUBUC WORKS.OULY1,MIS)ADDED PALMETTOSTREETVAUT0NDESCRLPTIDN 8123118(ME.M). ADDITIONAL R/W FOR PALMETTO STREET TO BE TRANSFERRED TO THE CITY OF EDGEWATER SKETCH OF OfSCMP]AM' ONLY / NOT A BDUN0IRY SUReEY SECHO" SD, TBP. 17 SOUM. RNC. J4 EASE VJLVSN CWNIY, FLORNA <, A COUNTY XS VOTMENT o,eo ` aR "O/am °AA""NF PUBLICz/. COnTI )OARS NVINERRIM ax,n SUA'W 2449 CONSTURVEONIVISION A(AC YIISM ] /4 !�`[p"p'R��81 SURVEY DDELA D. F rF/n eva srAFl/ _--Y LYE 1 0-77 967VE. PAX1-. P6 9S730 FL01110A PHONE /-B8B-T96-688] TAX I-SBB-Ill-S>96 P-508/ VA S V ] RESOLUTION NO. 2018-R-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, VACATING APPROXIMATELY NINETY-SEVEN (97) LINEAL FEET OF PALMETTO STREET FOR THE PROPOSED REALIGNMENT OF TENTH STREET; AUTHORIZING RECORDING; REPEALING RESOLUTIONS IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater has made the following determinations: WHEREAS,On October 1,2018,City Council authorized an Interlocal Agreement with the County of Volusia for Road Construction, Improvements, and Maintenance Responsibility concerning ]0'"Street from Myrtle Avenue to US Highway l; and WHEREAS,pursuant to the Interlocal Agreement with the County the City agreed to vacate a portion of Palmetto Street; and WHEREAS,Road construction of IOP Street will include realignment south of its current limits thereby overlaying a portion of Palmetto Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida as follows: Section 1. Authority. The City Council of the City of Edgewater has the authority to adopt this Resolution pursuant o Article VIII ofthe Constitution of the State of Florida and Chapters 166 and 177,Florida Statutes. The foregoing recitals are hereby incorporated herein by this reference and are hereby ratified and confirmed as being true. Section 2. Vacation. The portion of Palmetto Street described in Exhibit A is hereby vacated and abandoned and title to the subject property will vest with the County of Volusia. 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. #2018-R-28 1 Section 4. Severability and Applicability. If any portion of this Resolution is for any reason 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 5. Conflicting Provisions. All resolutions,or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 6. Effective Date. This resolution shall become effective upon adoption. During the December 3, 2018 Council meeting, a motion to approve was made by l�"Yr'T•. with Second by 1 22Y ml The vote on this resolution is as follows: AVE NAY Mayor Michael Thomas Councilwoman Christine Power Councilwoman Amy Vogt Councilman Megan O'Keefe Councilman Gary Conroy #2018-R-28 2 PASSED AND DULY ADOPTED this 3rd day of December,2018. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA Robin L.Matusn ick ich el T m City Clerk/Paralegal 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 3rd day of legality by: Aaron Wolfe December, 2018 under Agenda Item No. City Attorney 601. Doran Sims Wolfe&Cioccheai 92018-11-28 3 EXHIBIT"A" PROPERTY SKETCH AND DESCRIPTION #2018-R-28 4 \£ : Ill - \ �° 100911 � ) . % o &� I tz \ } � / I $ Ll U, / \ \ § \ � ` � 2 I \ Qm § \ ' twit MA om \/ \ _ = I { ® ■§;;r _ z w a> ƒOQ � � « LEGAL DESCRIPTION(ADOMONAL P/W FOR PA WETT0 Sr.TO CTIYOF EDGEWATER): MATPARTOF LOT 11,ASSESSOR'SSUBDN61pN,OF MEJOSEPHSANCHEZANDROSERTSHEPARD GRANTSAS RECORDED IN MAP BOOKS,PAGE49,a THE PUBLICRECORDS OF VOLUSIA COUNTY,FLORIDA,LYING WESTOF US.HIGHWAYNO.1(OLD DIXIE HIGHWAY)AND EASTOFPALMETTO STREET,OTHERWASE BEING DESCRIBED AS FOLLOWS: COMMENCEAT THE POJNTOF INTERSECTION OF ME WEST RIGHTOF WAYLINE OF U.S.HIGHWAYND.1 WITH THE SOUTH UNEOF LOT 31,SUBONISMNOFTHEJOSEPH SANCHEZANO ROBERTSHEPARDGPANTS,AS RECORDED IN MAP BOOK 3,PAGE49,OF ME PUBUCRECORDS OF VOLUSIA COUNTY,FLORIDA;THENCES 71'17'02'W(S 71.10'20-W(DEED),ALONG THE SOUTH LINE OFSAID LOT 11,BEING THE NORTH UNE OF MIDWAY PARK SUSOWISION,AS RECORDED IN MAP BOOKS,PAGE 55,OF THE PUSUCRECOROS OF VOLUSIA COUNTY,FLORIDA,A DISTANCE OF 50756 FEET TOME POINT OFBEGINNING:THENCE CONTINUEALONGSAID SOUTH LINEA DISTANCE OF 32.11 FEET TO THEEASTRIGHTOF WAY LINE OF PALMETTOSTREET,,MENCE NOD-23'S2-W(N 00'59'40'W, DEED),ALONG SAID EAST RIGHT OF WAYUNE,93.11 FEET,THENCE DEPARTING SAID RIGHTOF WAY LINE,RUN N AFORE30'E,A DISTANCE OF POW FEET,'MENCES 00'43'56'E,A DISTANCE OF 83.03 TO THESOUTH LINFOF AFORESAID LOT31 AND ME PO/NTOFBEGINNING. ME DESCRIBED PARCEL CONTAINS2,665 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS OF RECORD. LEGAL DESCRIPTION(PALMETTO STREET VACATION): THAT PORTION OF PALMETTO STREET,A SUM FOOT WIDE RIGHT OF WAY,ACCORDING TO THE PLAT OF PONDER-TALLEYSUBDMSgN,AS RECORDED IN MAP BOOK 23,PAGE 92 OF ME PUBLIC RECORDS OF VOLUSM COUNTY,FLORIDA,LYING SOUTH OF A LME THAT 1550.00 FEET SOUTH OF AND PARALLEL WITH THE CENTERUNE OF CONSTRUCTION AS DEPICTED ON ME RIGHT OF WAY PARCEL MAP OF TENTH STREET(PROJECT/DRAWING NUMBER 5061),ON FILE WITH ME VOLUSIA COUNTY ENGINEERING DEPARTMENT. THIS DESCRIPTION PREPARED BY:MARK E.MCCTAIN OF VOLUVA COUNTY ENGINEERING AND CONSTRUCTION,A D80510N OF VOLUSIA COUNTY PUBLIC WORKS.(JULY Z 2018) ADDED PALMETTO STREET VACA TION DESCRIPTION 8/23119(ME.M). ADDITIONAL R/W FOR PALMETTO STREET TO BE TRANSFERRED TO THE CITY OF EDGEWATER SKETCH OF 015LYOPIpN ONLY / NOT A BOIR8UR1'SURVM SECNOFJ 50. Il1'P. 17 SOIJIH, RNG. 34 FAST YDLUSLI CIXMIY, f10RRM xY( OK 0.W MA? COUNTY OF VREPOLUSIA tVNS7PTIBLC 101 NVINENRIM 9ggY I • £ 2449 d C�q� L9NSTRRTION SALINSdRIAL VdbakY WRY" DIVISION 2quW 4 �� .9E[TA 4WgEIi�I'A1SSIIWW 123 I INDIANA AVE DSUND. £L 94730 FLOg10A PHONE I-986-72 5967 PAX I-SM-822-5736 0.3W1 NM 1 (.Y 2