2020-R-19 - Vacating a 25' drainage easement - 1625 Umbrella Tree Drive 8/7/2020 11:09:04 AM Instrument#2020146090#1 Book:7891 Page:2869
RESOLUTION NO. 2020-R-19
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, VACATING A TWENTY-FIVE FOOT (25')
DRAINAGE EASEMENT ON LOTS 2117 AND 2118,
BLOCK 123, FLORIDA SHORES NO. 3 (1625 UMBRELLA
TREE DRIVE); AUTHORIZING RECORDING;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY AND APPLICABILITY
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Florida Shores, No. 3 was platted in 1955. At the time, the
owner/developer platted a twenty-five foot (25') drainage easement on Lots 2117 and 2118,
block 123; and
WHEREAS, the City has no desire/need for the drainage easement and therefore wishes
to vacate the twenty-five foot (25') drainage easement, 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
23, 2020; 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 easement
will not affect the ownership or access of persons owning adjacent property; and
2020-R-19 I
Instrument#2020146090#2 Book:7891 Page:2870
WHEREAS, the City Council of the City of Edgewater finds that it is in the best interest
of the City to vacate and abandon said easement.
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, Vacation. The City Council of the City of Edgewater,
Florida, hereby abandons, vacates and renounces any rights in and to the twenty-five foot (25')
drainage easement, being more particularly described in Exhibits "A" and "B". The subject
property will vest in the property owners of Lots 2117 and 2118, block 123,free and clear of any
rights of the City.
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
2020-R-19 2
Instrument#2020146090#3 Book:7891 Page:2871
its applicability to any other person,property, or circumstance.
Section 6. Adoption and Effective Date. This resolution shall take effect upon
adoption.
After Motion to approve by `-L-t. - and
Second by Y f c' , the vote on this
r
resolution was as follows:
AYE NAY
Mayor Michael Thomas
Councilwoman Christine Power \
Councilwoman Kimberly Yaney N;
Councilwoman Meagan O'Keefe
Councilman Gary Conroy \
PASSED AND DULY ADOPTED this P day of August, 2020.
ATTEST: CITY COUNCI OF THE
CITY OF EDGCWA ER,FLORIDA
Robin Matusick ichae Thomas
City Clerk/Paralcgal 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 P day of
legality by: Aaron R. Wolfe, Esquire August, 2020 under Agenda Item No. 8 e
City Attorney
Doran, Wolfe,Sims&Ciocchetti
2020-R-19 3
Instrument#2020146090#4 Book:7891 Page:2872
EXHIBIT "A"
Description
THAT TWENTY-FIVE FOOT (25') DRAINAGE EASEMENT LOCATED ON LOTS 2117
AND 2118, BLOCK 123, FLORIDA SHORES,NO. 3 ACCORDING TO THE MAP OR PLAT
THEREOF, AS RECORDED IN MAP BOOK 23, PAGES 83, OF THE PUBLIC RECORDS
OF VOLUSIA COUNTY, FLORIDA.
2020-R-19 4
Instrument#2020146090#5 Book:7891 Page:2873 Laura E. Roth, Volusia County Clerk of Court
EXHIBIT "B"
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lsos 102 1602
1{Ol 1f01 1e01 1603
1600
1407 I407 1606
1607
1606
loin
►610
loll 1611 Isla loll
1610 1614
isu 16w
lets tots 1616 lets
1617 1619
Ov��x,. *'n. ,a.,,.r C .:.,..,,.. ,. .=kmY'.w. .''". ;Y•9X 't4'�F.'a,rt+aL'a�a +tik»",
a' e
162i a y
1521 ,`� 162► 2020-R-Ig-1625 Umbrella Tree Dr Into son
M Vacate 25FmtDrainageEasement
1621
less 1626 Zen 16M 162S 1626
102s
1629
1629 1627 1620
1632
16" 1f20
f .
171h St
coc�wnrerz
17u2
1704 1700 1702 lies
1707 1703 1707
1710
2020-R-19 5
RESOLUTION NO. 2020-R-19
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, VACATING A TWENTY-FIVE FOOT (25')
DRAINAGE EASEMENT ON LOTS 2117 AND 2118,
BLOCK 123, FLORIDA SHORES NO. 3 (1625 UMBRELLA
TREE DRIVE); AUTHORIZING RECORDING;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY AND APPLICABILITY
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Florida Shores, No. 3 was platted in 1955. At the time, the
owner/developer platted a twenty-five foot (25') drainage easement on Lots 2117 and 2118,
block 123; and
WHEREAS, the City has no desire/need for the drainage easement and therefore wishes
to vacate the twenty-five foot (25') drainage easement, 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
23, 2020; 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 easement
will not affect the ownership or access of persons owning adjacent property; and
2020-R-19 1
WHEREAS, the City Council of the City of Edgewater finds that it is in the best interest
of the City to vacate and abandon said easement.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater, Florida:
Section 1. Authori . 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, Vacation. The City Council of the City of Edgewater,
Florida, hereby abandons, vacates and renounces any rights in and to the twenty-five foot (25')
drainage easement, being more particularly described in Exhibits "A" and "B". The subject
property will vest in the property owners of Lots 2117 and 2118, block 123, free and clear of any
rights of the City.
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
2020-R-19 2
its applicability to any other person, property, or circumstance.
Section 6. Adoption and Effective Date. This resolution shall take effect upon
adoption.
After Motion to approve by Ccx-,P �e� and
Second by yl�rnac&2u
c the vote on this
r
resolution was as follows:
AYE NAY
Mayor Michael Thomas
Councilwoman Christine Power
Councilwoman Kimberly Yaney N4
Councilwoman Meagan O'Keefe
Councilman Gary Conroy
PASSED AND DULY ADOPTED this 3rd day of August, 2020.
ATTEST: CITY COUNCI .,OF THE
CITY OF EDG JER, FLORIDA
3
Robin Matusick ichae Thomas
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 3rd day of
legality by: Aaron R. Wolfe, Esquire August, 2020 under Agenda Item No. 8
City Attorney
Doran, Wolfe, Sims& Ciocchetti
2020-R-19 3
EXHIBIT "A"
Description
THAT TWENTY-FIVE FOOT (25') DRAINAGE EASEMENT LOCATED ON LOTS 2117
AND 2118, BLOCK 123, FLORIDA SHORES,NO. 3 ACCORDING TO THE MAP OR PLAT
THEREOF, AS RECORDED IN MAP BOOK 23, PAGES 83, OF THE PUBLIC RECORDS
OF VOLUSIA COUNTY, FLORIDA.
2020-R-19 4
G
EXHIBIT "B"
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1007 uo:loom 1 too
lout leoaLOW
un
tn0] 1607 1066
lsn
lti09
0
1444,
1011 all 15.0 loll
:ot+ 161J
1414
1613
uu uu 1616 uu
1617 lots
a a a
a � �
m n
1N1 162! � 16ri 2020•R-1g-1625 Umbrella Tree Dr lfll im
Vacate 25 Foot Drainage Easement
1621
1625 ]Lou 1� 10'i
1070 1026
1628
1029
1629 1627 1470 too
1632
F
EDGEWATER �
1703
1700 1l0 17M
1706
(--1 Subject Property
Evisti�p Eeumenr
t)o) 1706 170'2
irit
2020-R-19 5