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545BRESOLUTION NO. 5450 A RESOLUTION TO ACQUIRE THE REAL PROPERTY REFERRED TO AS THE J. MAX MASSEY PROPERTY, FURTHER DESCRIBED HEREIN FOR PUBLIC PUR- POSES FOR THE CITY OF EDGEWATER, FLORIDA, BY THE EXERCISE OF THE POWER OF EMINENT 141 DOMAIN, REPEALING ALL RESOLUTIONS IN CON- FLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE THEREFOR. WHEREAS, the City of Edgewater, Florida has determined that it is necessary to expand its water treatment facility to provide ample water for the residents of the City of Edgewater and further protect a high standard of the quality of said water supply and, WHEREAS, Briley, Wild and Associates, consulting engineers for the City of Edgewater, Florida have determined that the land immediately westward of the present well field site and adjacent thereto would provide for additional water supply and insure adequate water quality protection. NOW, THEREFORE BE IT RESOLVED BY THE CITY OF EDGEWATER., FLORIDA: SECTION 1. The City of Edgewater, Florida hereby expresses its intent to exercise its power of eminent domain to acquire the real property westward and immediately adjacent to well field site N2 for the purpose of insuring amply water supply to the City of Edgewater, Florida and to insure a high standard of quality water supply for the health, safety and welfare of the citizens of Edgewater, Florida. SECTION 2. Said real property aforementioned is described as follows: A 5.11 acre parcel lying in Ambrose Hull Grant, Section 53, Township 17 South, Range 34 East, South of the Florida East Coast Railway Branch line R/W (1501) and North of Park Avenue, a 60 foot R/W (proposed) and West of East line of City of Edgewater well field. As described in a deed from J. Max S�/S.C3 and wife to City of Edgewater per Official Records Book 1611, Page 422 of the Public Records of Volusia County, Florida, being more particularly described as follows: Commence at the Point of Intersection of the West line of the Alvarez Grant, Section 52, Township 17 South, Range 34 East and the centerline of the Florida East Coast Railway Branch' Line (as mentioned above); thence S 670 06' W along the said centerline of the Florida East Coast Railway for a distance of 2474.4 feet; thence S 21° 04' E for a distance of 75.04 feet to a point in the South R/W of the Florida East Coast Railway Branch Line aforementioned; thence continue along said last mentioned line S 21' 04' E for a distance of 20.00 feet for the Point of Beginning; thence continue along said mentioned S 21" 04' E for a distance of 169.11 feet to the North R/W of Park Avenue, a 60 foot R/W aforementioned; thence along said North R/W of Park Avenue the two following courses and distances S 660 25' 05" W for a distance of 568.04 feet; thence S 760 42' 46" W for a distance of 1172.40 feet, to its intersection with the said South R/W of the Florida East Coast Railway Branch line, thence N 67° 06' E along the said South R/W of the Florida East Coast Railway Branch Line for a dis- tance of 1709.99 feet to a Point in the West line of the 20 by 20 parcel as described'in the Official Records Book 1611, page 422 aforementioned; thence S 210 04'Efor a distance of 20.00 feet; thence N 670 06' E for a distance of 20.00 feet to the Point of Beginning, containing 5.11 acres more or less. Said property being titled in the name of J. Max Massey and Doris E. Massey, his wife. SECTION 3. The City of Edgewater, Florida hereby expresses its intent to acquire fee simple title in the above described property. -2- SECTION 4. That the City of Edgewater, Florida has deter- mined that the acquisition of the above described property is necessary for the expansion of the water treatment facility of Edgewater, Florida to insure ample water supply and a high standard of the quality of said water supply. SECTION 5. That all Resolutions or parts of Resolutions in conflict herewith be and the same are hereby rescinded. SECTION 6. The City Clerk is hereby directed to advertise this Resolution as required by law. SECTION 7. 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 Lodica , who moved its adoption, said motion being seconded by Councilman Sikes , and upon roll call vote said Resolution was duly declared adopted at a Regular meeting of the City Council of the City of Edgewater, Florida, held on the 18 day of November, 1974; the vote of said a as follows: r.. Councilma ou n Approved this 18 day of L/ to Noyofter , A. 1974. Councilman dfe r This Resolution was prepared by: Joseph E. Weaver, City Attorney -3-