2021-R-04 - Utility Easement Vacation - Lots 11 & 12 - Liberty Village5/5/2021 3:39:40 PM Instrument #2021104871 #1 Book:8042 Pagel 569
RESOLUTION NO. 2021-R-04
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, VACATING A THIRTY FOOT (30')
DRAINAGE, ACCESS AND UTILITY EASEMENT
LOCATED ON LOTS 11 AND 12 IN THE LIBERTY
VILLAGE SUBDIVISION; AUTHORIZING RECORDING;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY AND APPLICABILITY
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Liberty Village was platted in 2019. At the time, the owner/developer
platted a thirty foot (30') drainage, access and utility easement on Lots 11 and 12, block 123; and
WHEREAS, the City has no desire/need for the drainage easement and therefore wishes
to vacate the thirty foot (30') drainage easement, being more particularly described in Exhibit
"A"; 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
WHEREAS, the City Council of the City of Edgewater finds that it is in the best interest
2021-R-04
Instrument #2021104871 #2 Book:8042 Pagel 570
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 thirty foot (25')
drainage easement, being more particularly described in Exhibits "A". The subject property will
vest in the property owners of Lots 11 and 12, 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.
conflict herewith are hereby repealed.
All resolutions or parts of resolutions in
Section S. 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
its applicability to any other person, property, or circumstance.
Section 6. Adoption and Effective Date. This resolution shall take effect upon
2021-R-04 2
Instrument #2021104871 #3 Book:8042 Pagel 571
adoption.
After Motion to approve by . r r" and
Second by
resolution was as follows:
Mayor Michael Thomas
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilwoman Meagan O'Keefe
. the vote on this
AYE NAY
Councilman Jonah Powers
MASSED AND DULY ADOPTED this Y, day of May, 2021.
ATTEST:
Bonnie Brown
City Clerk
CITY COUNCIL OF THE
For the use and reliance only by the City or Approved by the City Council of the it of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this. ay of
legality by: Aaron R. Wolfe, Esquire May., 2021 under Agenda Item No. 8
City Attorney
Doran, Wolfe, Sims & Ciocchetti
2021-R-04 3
Instrument #2021104871 #4 Book:8042 Page: 1572 Laura E. Roth, Volusia County Clerk of Court
EXHIBIT "A"
Description
THE EASTERLY 15 FEET AND WESTERLY 15 FEET OF PLATTED 30 FOOT
DRAINAGE, ACCESS AND UTILITY EASEMENT LYING BETWEEN LOTS 11 AND 12,
EXCEPT THE SOUTHERLY 10 FEET OF SAID EASEMENT, LIBERTY VILLAGE
SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN
MAP BOOK 60, PAGES 186 THROUGH 189, INCLUSIVE, PUBLIC RECORDS OF
VOLUSIA COUNTY, FLORIDA.
2021-R-04