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ORDINANCE NO. 2%
AN ORDINANCE NARROWING.DIXWOOD AVENUE IN THE CITY
OF EDGEWATER AS PER MAP BOOK 8, PAGE 73, PUBLIC
RECORDS OF VOLUSIA COUNTY, FLORIDA FROM A 50 FOOT
WIDE STREET TO A 30 FOOT WIDE STREET, AND PROVIDING
FOR THE REVERSION OF THE ABANDONED PORTIONS OF SAID
DIXWOOD AVENUE TO THE ABUTTING PROPERTY OWNERS.
WHEREAS the City Council of the City of Edgewater, Florida did on
October 8, 1952, pass a Resolution entitled as follows, to -wit:
A RESOLUTION DECLARING THE INTENTION OF THE CITY OF EDGEWATER
TO NARROW DIXWOOD AVENUE IN THE CITY OF EDGEWATER AS PER MAP
BOOK 8, PAGE 73, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA,
FROM A 50 FOOT WIDE STREET TO A 30 FOOT WIDE STREET, AND
PROVIDING FOR THE SERVING OF NOTICE UPON ABUTTING PROPERTY
OWNERS AND THE TIME AND PLACE AT WHICH OBJECTIONS CAN BE HEARD
BEFORE THE CITY COUNCIL,
AND WHEREAS in accordance with the aforesaid Resolution, all of the
abutting property owners on Dixwood Avenue in the City of Edgewater,
as per Map Book 8, page 73, Public Redords of Volusia County, Florida,
were personally served with true copies of said Resolution as provided
for by said Resolution,
AND WHEREAS said Resolution was published for one publication in the
"New Smyrna Beach News" as provided for by said Resolution,
AND WHEREAS a hearing was held by the City Council of the City of
Edgewater at the City Hall, Edgewater, Florida on October 22, 1952,
at 7:30 P. M., as provided for by said Resolution, for the purpose of
hearing objections to the narrowing of said Dixwood Avenue,
AND WHEREAS Dixwood Avenue, as per Map Book 8, page 73, Public Records
of Volusia County, Florida, is a fifty (50) foot wide street, the
attempted abandonment of said Dixwood Avenue by that Affidavit of
Percival B. Dick and ladle, I. Dick, dated June 29, 1929 and filed
August 7, 1929 in Deed Book 231, page 515, Public Records of Volusia
County, Florida, being ineffectual, and that plat of P. B. Dickle Re -
Sub of Dixwood, Edgewater, Florida, being ineffectual to abandon said
Dixwood Avenue, for the reason that no Ordinance of the Town of Edge-
water abandoning said Dixwood Avenue was ever filed in the Public
Records of Volusia County, Florida, and Dixwood Avenue as per Map
Book 8, Page 73, Public Records of Volusia County, Florida, still has a
de facto a- de Jura existence as a 50 foot wide street, notwithstanding
P. B. Dick's Re —Sub
of Dixwood, Edgewater, Florida, the plat
of which
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is filed in Map Book
8, Page 162, Public Records of Volusia
County,
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AND WHEREAS the best
interests of the City of Edgewater, the
public,
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and the abutting property
owners can be served by narrowing
said
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Dixwood Avenue from
a 50 foot wide street to a 30 foot wide
street,
now therefore,
BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA:
Section 1. Dixwood Avenue in the City of Edgewater, Florida, as per
Map in Map Book 8, Page 73, Public Records of Volusia County, Florida,
is hereby narrowed from a 50 foot wide street to a 30 foot wide street,
by abandoning the 10 Northerly feet and the 10 Southerly feet of said
street as per said map.
Section 2. Those portions of Dixwood Avenue abandoned shall revert to
the abutting property owners as provided by operation of law.
Section 3. This Ordinance is enacted pursuant to the provisions of
Section 112, Chapter 27532, Laws of Florida, 1951.
Section 4. All Ordinances or parts of Ordinances in conflict herewith
be, and the same are, hereby repealed.
Section 5. This Ordinance shall take effect immediately upon its passage
and approval by the Mayor.
The above Ordinance was read in full and passed by the vote of
the City Council of the City of Edgewater, Florida, at a regular
meeting on the 22nd day of October, A. D. 1952.
Upon motion duly made, seconded and carried, the requirement of
reading said Ordinance upon second reading was waived, and the Ordinance
was ordered put upoh final passage.
Passed by the vote of the City Council of the City of Edgewater,
Florida, at a regular meeting of said Council held on the 22nd day of
October, A. D. 1952, and approved as provided by Law, the vote of said
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Council on roll call being as follows:
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City Clerk UU1
Mayor-CounoilmanI ,
Councilman
Councilman
Approved this 22nd day of October, A. D. 1952•