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ORDINANCE NO. 83-0-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, VACATING TEN (10) FEET
OF UTILITY AND DRAINAGE EASEMENTS BETWEEN
LOTS 132 AND 133 AND LOTS 133 AND 134, RESPEC-
TIVELY OF WILDWOOD SUBDIVISION, UNIT 3; REPEALING
ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HERE-
WITH: PROVIDING FOR PUBLICATION OF THIS ORDINANCE
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater at a regularly
scheduled Council meeting adopted aResolution declaring it's
intention to vacate the subject easements, described as follows:
The S 5 feet of Lot 132 except the E 10 feet and
the W 15 feet thereof, and the N 5 feet of Lot 133
except the E 10 feet and the W 15 feet thereof,
and the S 5 feet of Lot 133, except the E 10 feet
and the W 15 feet thereof, and the N 5 feet of Lot
134, except the E 10 feet and the W 15 feet thereof,
all in WILDWOOD-SUBDIVISION, UNIT 3, as shown on
map in Map Book 38, page 35 of the Public Records
of Volusia County, Florida.
WHEREAS, notice and publication shall be in compliance with
Section 112 of the City Charter of the City of Edgewater,
Florida,
WHEREAS, The Public Works Superintendent of the City of Edgewater
has declared the subject easement to be of no use and not needed
by the City of Edgewater,
WHEREAS, the right-of-way and easements of any lot owner are
not hereby impaired, and
WHEREAS, Frank and Margaret Hall and Mark J. and Susan J. Halen,
adjoining property owners have agreed to and have granted unto
the City of Edgewater two ten foot utility and drainage easements,
running or located in the middle of Lot 133, also described as
follows:
The S 10 feet of the N 37.5 feet of Lot 133, and
the N 10 feet of the S 37.5 feet of Lot 133, WILDWOOD
SUBDIVISION, Unit 3, as shown on map in Map Book 38,
page 35 of the Public Records of Volusia County,,
Florida.
Wm NOW THEREFORE BE ITENACTEDBY THE PEOPLE OF THE CITY OF
� 0 EDGEWATER, FLORIDA:
x m SECTION 1. That the ten (10) foot utility and drainage ease-
0 (a ments between Lots 132 and 133 and Lots 133 and 134, respectively
MI
of the Wildwood Subdivision, Unit 3, as shown on the map in
Map Book 38, page 35 of the Public Records of Volusia County,
Florida, and approved and accepted by the City Council of the
City of Edgewater on September 1, 1981, are hereby vacated and
released by the City Council of the City of Edgewater, Florida.
SECTION 2. That all right, title and interest held by the City
of Edgewater is hereby released, pursuant to law, to the grantor
or grantors, or successors in title, owning adjoining land to
said easements.
SECTION 3. That the two grants of easement from Mark J. Halen
and Susan J. Halen, his wife and Frank Hall and Margaret Hall,
his wife respectively to the City of Edgewater located in the
middle of Lot 133, Wildwood Subdivision and described as follows:
The S 10 feet of the N 37.5 feet of Lot 133, and
the N 10 feet of the S 37.5 feet of Lot 133, WILDWOOD
SUBDIVISION, Unit 3, as shown on map in Map Book 38,
page 35 of the Public Records of Volusia County, Florida.
Are hereby and the same are accepted by the City Council of the
City of Edgewater, Florida.
SECTION4. That the plat of Wildwood Subdivision, Unit 3, as
shown on the map in Map Book 38, Page 35 of the Public Records
of Volusia County, Florida adopted by the City Council on Sep-
tember 1, 1981, the same be and is hereby amended as above indi-
cated.
SECTION 5. The easements hereby being vacated and granted re-
spectively are, indicated in the attached survey from Daniel W.
Cory by reference incorporated herein as is fully set forth.
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Ord. 83-0-17
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SECTION
6. That all ordinances and
parts of ordinances and all
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resolutions
or parts of resolutions
in conflict herewith be and
the same
are hereby repealed.
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SECTION
7. If any section, part of
section, paragraph, clause,
phrase,
or word of this ordinance is
declared invalid, the re-
maining
provisions of this ordinance
shall not be affected.
SECTION 8. This ordinance shall take effect immediately upon
its adoption by the City Council and approval as provided by
law.
This ordinance was introduced by
This ordinance was read on first reading andpassedby a vote
of the City Council of the City of Edgewater, Florida at a
meeting of said Council, held on the �% 1day
of 1983, and approved as provided by law. 4 The second reading of this ordinance to be at a �_0.,._/
meeting of the City Council of the City ofEdgewater, Florida,or
to be held on the I A day of �'1-7/. , 1983.
ROLL CALL VOTE ON ORDINANCE NO.
83-0-17 AS
FOLLOWS:
FIRST READING:
I,—
MAYOR
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Of if2v
COUNCILMAN
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- ZONE ONE
OUNC O
- ZONE TW
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COUNCILMA
- ZONE HREE
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- ZONEO
FOUR
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SECOND READING: !
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-3 Ord. 83-0-17
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CITY CLERK
24
COUNCIL - ZONE THREE
COUNC MAN - Z.N� E FOUR
This ordinance read and adopted on second reading at
meeting of the City Council of ,the �--City of Edgewater
authenticated this ,day of � ,
a
Floiada and
1983.
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Ord. 83-0-17
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Lots 132 through 134, W:
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