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426L RESOLUTION NO. 426 A RESOLUTION OF INTENT TO SEEK A DOCK PERMIT FROM THE ARMY CORPS OF ENGINEERS FOR THE CONSTRUCTION OF A DOCK OR FISHING PIER ADJACENT TO LAND OWNED BY THE CITY OF EDGEWATER, FLORIDA; PROVIDING THAT THE SAID DOCK OR FISHING PIER SHALL BE USED ONLY FOR PUBLIC RECREATION AND SHALL NOT BE USED FOR ANY COMMERCIAL PURPOSE BY THE CITY OF EDGEWATER, FLORIDA; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS �g RESOLUTION TO THE ARMY CORPS OF ENGINEERS; :(I/ REVOKING AND REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. WHEREAS, the City Council has heretofore made application to the County Commission in and for Volusia County, Florida, the Trustees of the Internal Improvement Fund of the State of Florida, and to the U. S. Army Corps of Engineers for permission to construct a dock or fishing pier on the hereinafter described real property belonging to the City of Edgewater, Florida; and WHEREAS, the County of Volusia has heretofore granted its permission and the Trustees of the Internal Improvement Fund has heretofore issued Certificate No. 1350 authorizing the construction of said dock or fishing pier; and WHEREAS, the City Council is desirous of obtaining a dock permit from the U. S. Army Corps of Engineers. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. That the City Council hereby makes applica- tion or re -application to the U. S. Army Corps of Engineers for a dock permit for the construction or erection of a dock upon filled and submerged and semi -submerged land in Volusia County, Florida, more particularly described as follows, said fill land being owned by the City of Edgewater, Florida: The submerged and semi -submerged and filled land lying Easterly from the Southerly 140 feet of Lot 5, as measured on the East right-of-way line of U.S. Highway 1, Loud's Subdivision of Lot 2, Section 2, Township 18 South, Range 34 East, as recorded in Map Book 3, Page 81, Public Records of Volusia County, Florida, and described as follows: Beginning at the Southeast corner of U.S. Lot 2, Section 2, Township 18 South, Range 34 East; thence N 270 30' West 138.62 feet; thence East 150 feet; thence South 270 30' East 138.62 feet; thence West 100 feet to the Point of Beginning. SECTION 2. That if and when said fishing pier or dock is constructed the same shall be used for the purpose of recreation generally and shall not be used at any time for any commercial purpose by the City of Edgewater, Florida. SECTION 3. That the City Clerk of the City of Edge- water, Florida be and she is hereby authorized and directed to transmit a certified copy of this Resolution to the U. S. Army Corps of Engineers. SECTION 4. That all Resolutions or parts of Resolutions in conflict herewith be and the same are hereby rescinded. and repealed. SECTION 5. That this Resolution shall take effect immediately upon its adoption by the City Council and approval by the Mayor. The above and foregoing Resolution was presented by Councilman Wiqgins who moved its adoption, said motion being seconded by Councilman Cr igger and, upon roll call vote the said Resolution was duly declared adopted at a regular meeting of the City Council of the City of Edge- water, Florida held on the 6th day of December A.D., 1971; the vpte gi,.,,gid Council upon roll call being as follows: ®Cgopcilman ► is 6t u- ths 6t ay of ci m A.D., 1971. nc man y Counc' man u*4� This Resolution was prepared by Charles A. Hall, City Attorney. -2-