2020-R-17 - Vacating a 1' easement on Lot 7 - in Massey Ranch Airpark 8/7/2020 11:02:15 AM Instrument#2020146061 #1 Book:7891 Page:2741
RESOLUTION NO. 2020-R-17
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, VACATING A ONE-FOOT (1') NON-
VEHICULAR ACCESS EASEMENT LOCATED ON LOT 7
OF MASSEY RANCH AIRPARK, UNIT 1 ; AUTHORIZING
RECORDING; REPEALING RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY AND APPLICABILITY AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Massey Ranch Airpark, Unit 1 was platted in 1992 and this portion has not
been developed. At the time, the owner/developer platted a one-foot (1') non-vehicular access
easement on Lot 7; and
WHEREAS, the City has no desire/need for the access easement and therefore wishes to
vacate the one-foot (F) non-vehicular access 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-17 1
Instrument#2020146061 #2 Book:7891 Page:2742
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 portion of a one-foot
(1') non-vehicular access easement, being more particularly described in Exhibits "A" and `B".
The subject property will vest in the property owners of Lot 7, 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-17 2
Instrument#2020146061 #3 Book:7891 Page:2743
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 Yo—� o ( and
Second b /? {
Y `�—u'�r.�1.�1c_�+.�� �T'�, � ., > , the vote on this
resolution was as follows:
AYE NAY
Mayor Michael Thomas
Councilwoman Christine Power
Councilwoman Kimberly Yaney
Councilwoman Meagan O'Keefe
Councilman Gary Conroy
PASSED AND DULY ADOPTED this 3`d day of August,2020.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGE AT . FLORIDA
' By:
Robin Matusick Michadl-'F omas
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 P da of
legality by: Aaron R. Wolfe,Esquire August, 2020 under Agenda Item No. 8 .
City Attorney
Doran,Wolfe,Sims&Ciocchetti
2020-R-17 3
Instrument#2020146061 #4 Book:7891 Page:2744
EXHIBIT"A"
Description
THAT ONE-FOOT NON-VEHICULAR ACCESS EASEMENT LOCATED ON LOT 7,
MASSEY RANCH AIRPARK, UNIT 1, ACCORDING TO THE MAP OR PLAT THEREOF,
AS RECORDED IN MAP BOOK 44, PAGES 68-69, OF THE PUBLIC RECORDS OF
VOLUSIA COUNTY, FLORIDA.
2020-R-17 4
Instrument#2020146061 #5 Book:7891 Page:2745 Laura E. Roth, Volusia County Clerk of Court
EXHIBIT"B"
412 223
405 3l7 311 300 307 305 303 301 221 223
410 2x5
Cltnrry—cd Ln 223 224
m
400 403 315 314 312 310 300 3" 304
302 2x6
2"
406
403 315 301 30s 303 no
316 71) 313 7l1 300
231
402 Wildnwd Or
3oz
a 326 322 320 .....
P 3xa 316 uc 314 312 310 306 366 loa m2o•R•17-to37 Flying MC ourt
Vacate i Foot Non Vehicular Access
s Easement
9
10a1 1033 1025
I021
60a 1037 1020 Lou
006 lip
a`
e`
Flying M Cl
6e 600
L032 ton lots
610 1024 1020
loco 1m6
1012
612 614
: s +
GDGEWATFR
Suhterr 11rn V<rt)
���Evitt ina F.nse menr
IJ!
2020-R-17 5
RESOLUTION NO. 2020-R-17
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, VACATING A ONE-FOOT (1') NON-
VEHICULAR ACCESS EASEMENT LOCATED ON LOT 7
OF MASSEY RANCH AIRPARK, UNIT 1 ; AUTHORIZING
RECORDING; REPEALING RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY AND APPLICABILITY AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Massey Ranch Airpark, Unit 1 was platted in 1992 and this portion has not
been developed. At the time, the owner/developer platted a one-foot (F) non-vehicular access
easement on Lot 7; and
WHEREAS, the City has no desire/need for the access easement and therefore wishes to
vacate the one-foot (F) non-vehicular access 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-17 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. 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 portion of a one-foot
(Y) non-vehicular access easement, being more particularly described in Exhibits "A" and `B".
The subject property will vest in the property owners of Lot 7, 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-17 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 , and
f
Second by the vote on this
resolution was as follows:
AYE NAY
Mayor Michael Thomas
Councilwoman Christine Power \,
Councilwoman Kimberly Yaney
Councilwoman Meagan O'Keefe
Councilman Gary Conroy
PASSED AND DULY ADOPTED this 3rd day of August, 2020.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGE AT FLORI A
By:
Robin Matusick ichaael_ omas
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 G� .
City Attorney
Doran, Wolfe, Sims&Ciocchetti
2020-R-17 3
EXHIBIT "A"
Description
THAT ONE-FOOT NON-VEHICULAR ACCESS EASEMENT LOCATED ON LOT 7,
MASSEY RANCH AIRPARK, UNIT 1, ACCORDING TO THE MAP OR PLAT THEREOF,
AS RECORDED IN MAP BOOK 44, PAGES 68-69, OF THE PUBLIC RECORDS OF
VOLUSIA COUNTY, FLORIDA.
2020-R-17 4
EXHIBIT "B"
i12 223
J05 313 311 309 307 ]OS ]0] No zn 222
410
2ss
zz+
227
408 J03 316 314 312 310 309 306 30J
302 226
229
406
J91 319 317 316 313 311 309 307 305 303 228
231
3 w:
Wi!C•xoaC C
y 302
325 322 320 - -.
324 318 ]1a nJ 312 310 30e ]e9 304 2o2o-R-a7-atn7 Flying M Court ,
Vacate a Foot Non-Vehicular Access'
� Easement
1 OJ1 1033 1025
loll
!O1]
60J ]03) 1029 1017
Fly"19 M Ct
08 000
1032 ion 1016
610 102+ 1029
tOJO 1036 loll
612 614
EDGE WATER
� �':wbject Pra pe rty
pp{{ Fakti,q F—m—
N!i
2020-R-1/ 5