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Miscellaneous Documents Oaklynn Cemetery Association Inc. 501 x:"(13) Nonprofit Organization ation suppor•tin aklyan Cemetery a loww a r°ivel ,ir p rk Baud in Edgewater, Florida wen"robler,President f.airrrlrrTlromas,Secretary ..t Greetings We are Oaklynn Cemetery Association, Inc.,a non-profit volunteer group. Historic Oaklynn Cemetery is an abandoned African American Cemetery that has suffered serious neglect and damage. [descendants of families buried there, along with volunteers, initially formed the association in 2013 and since then have struggled to restore and preserve Historic Qaklynn. a Oaklynn is the resting place of more than 145 souls including at least nine veterans and many infants, 0 Since the cemetery was abandoned, graves have been severely vandalized and destroyed. 0 The grounds are completely overgrown -- in reality a jungle. a The current effort to restore the cemetery is made up of totally volunteer manual labor due to access restrictions set by the owner. * Where are many historically significant markers. Oaklynn was recorded as an historical cemetery in the Florida Master Site File in 2000 We are looking for community support to gain unrestricted access and to achieve our goal of restoring the cemetery and preserving it forever as a Iandmark for our community and the state of Florida. We invite you to attend an informational meeting to be held at: Babe.lames Center(201 N.Myrtle St., New Smyrna) March 25,2020 at 10:OOAM For further information contact Paula Wraori at rw°a sa:iawa ��w iLst. et or 3€36-4112.7286 ,d me ,1 ✓r ,�,,, u. I ee�y,NO o Robin Matusick From: Glenn Irby Sent Friday,November 01,2019 2:49 PM To: 'Aaron Wolfe';Robin Matusick Cc: Karon LaVassaur Subject: RE:Oaklynn Cemetary Association Thanks,Aaron, I think we should now wait until a meeting is held to make further decisions. From: Aaron Wolfe [maJlto:awolfe0)doranlaw,com Sent: Friday, November 01, 2019 2:48 PM To: Glenn Irby; Robin Matusick CC: Karon LaVassaur Subject: RE: Oaklynn Cemetary Association Glenn, I agree that the City does not have any obligation to maintain the cemetery as it is privately owned. There is a statute (section 497.284, attached) on this issue. The statute allows a City to take action to maintain or secure an abandoned cemetery within City limits, or one that has not been reasonably maintained in excess of 6 months. The statute provides that if a City takes action Linder the statute it does not establish an ongoing obligation or duty to provide to provide continuous security or maintenance for the cemetery. Of course, as you mentioned, any decision to spend City funds on the cemetery Would have to be made by the Council. Please let me know if you have any questions. Aaron Doran Sims Wolfe -<tiocchetti Yoon Attorneys at [.a%%- Aaron R. Wolfe Attorney at Law Doran Sims Wolfe Ciocchetti &Yoon 1020 W.International Speedway Blvd,Suite 100 Daytona Beach,FL 32114 Office: 386-253-1111 Fax: 386-253-4260 Email:awolfe@doranlaw.com *****This electronic communication transmission contains information which may be privileged, confidential and/or exempt from disclosure under applicable law.The information is intended only for the use of the addressee named above.If you are not the intended recipient,you are hereby notified that any 1 disclosure, copying,distribution or other use of the contents of this electronic communication information is strictly prohibited.If you received this electronic communication in error,please notify me immediately by email reply.Thank you. From:Glenn Irby[mailto:girby@CITYOFEDGEWATER.ORG] Sent: Friday, November 1,20191:45 PM To:Aaron Wolfe; Robin Matusick Cc: Karon LaVassaur Subject: RE:Oaklynn Cernetary Association Aaron, I suppose it is okay to respond, but the writer does not seem to be asking for anything other than a meeting at some point. They don't even propose a future date for a meeting. I have actually dealt with 3 similar cemetery situations akin to this and learned the City has no responsibility because it is not property of the City. This cemetery is on private property belonging to Mr. Massey making it a unique situation and different than ones I have dealt with in the past. I seem to have a nagging remembrance that if the City takes on the upkeep and maintenance of such a cemetery, it could be perpetually responsible. if this is the case,we should proceed with caution and it should be a Council direction, but again, I cannot say I know the latter to be fact. Glenn From: Aaron Wolfe [mailto:awolfeLddoranlaw.com] Sent: Friday, November 01, 2019 10:23 AM To: Glenn Irby; Robin Matusick Cc: Karon LaVassaur Subject: Oaklynn Cemetary Association Glenn and Robin, Attached please find a letter I received from the Oaklynn Cemetery Association regarding their desire for an archaeological investigation of the cemetery. Please let me know if you would like me to respond to this letter. Aaron Doran Sims k/Molfie Ciocchetti Yoon Attorneys at Law Aaron R.Wolfe Attorney at Law Doran Sims Wolfe Ciocchetti&Yoon 1020 W.International Speedway Blvd., Suite 100 Daytona Beach,FL 32114 Office: 386-253-1111 Fax: 386-253-4260 2 Email:awolfe@doranlaw.com *****This electronic communication transmission contains information which may be privileged, confidential and/or exempt from disclosure under applicable law.The information is intended only for the use of the addressee named above.If you are not the intended recipient,you are hereby notified that any disclosure,copying, distribution or other use of the contents of this electronic communication information is strictly prohibited.If you received this electronic communication in error,please notify me immediately by email reply.Thank you. Robin Matusick From: John Massey <jmho@masseyp com> Sent: Thursday,April Cp,2019I:59PK8 To: gene.b(innroer@nnvf|oMdado.corn Cc: RpbinMmtusick Subject: Oak|ynnCemnetery Dear Mr. 8Mrnrner, |arn|nreceipt oftwo complaints with respect tmthe above referenced cemetery delivered tornethis morning. The basis of the complaints appear tobe lack ofmaintenance ofthe cemetery. As!have previously stated, Neither Massey Family Enterprises, LLC nor any of its related predecessors have ever provided maintenance or any other care of the gravan|nes except attempting tp secure the premises from unauthorized entry. We have always had a stated policy that relatives ofthe deceased were welcome to enter the cemetery for the purposes of visiting and maintaining the graves of relatives, but without a relative present,other individuals were not permitted entry. The purpose for this policy istm prevent vandalism, property damage and potential liability from unauthorized individuals. Over the years,there have been numerous acts of vandalism to graves. Due to the size ofthe platted subdivision with the location of graves scattered throughout the cemetery plat, large areas of unoccupied lots exist. |fthe graves were located in a more compact area, maintenance of the graves would require much less work and also beeasier tm secure. Therefore,vVepropose aplan torelocate the scattered graves tothe northwest quadrant mfthe plat which (s the area that contains the oldest and most densely occupied area of graves. This|salso the most historically significant portion ofthe cemetery. The plan would set forth a process to identify all graves to be moved by an expert third party and then be relocated by properly licensed personnel. If this plan is approved by the appropriate agencies, Massey Family Enterprises, LLC would bewilling topay all costs inconnection with the re-location$fthe graves. inaddition,m/ewould agree toconvey the area ofthe plat containing the graves toatax exempt non-profit entity that could provide assurances that the cemetery would receive perpetual maintenance. This would open the door for government grants and tax deductible donarions. We know that there are strict regulations that must be followed to implement such a plan and request your assistance tohelp usthrough this process. Please let nneknow what vveneed todptmdevelop a detailed plan and put this process in motion. Sincerely, John S. Massey Managing Member Massey Family Enterprises,LLC. Virus-free. � HENRICHSENSIEGEL 301 W.Bay St.- 14th Floor Jacksonville,FL 32202 904.381.8183 teleplione 904.212.2800ficsindle mm.hslawyers.com October 17,2018 r1a Certifled Mall Return Receipt Requester)and Regular Mail Massey Enterprises, Inc. c/o Charles E. Massey 1015 Riverside Drive, #101 Palmetto,FL 34221 Volusia County,Florida c/6 Daniel Eckert County Attorney 123 W.Indiana Ave.,#301 DeLand,FL 32720 City of Edgewater,Florida c/6 Aaron R.Wolfe.. City Attorney Doran, Sitns,Wolfe, Kund4,Cioc'eheiti.&W agncl 1020 W.International Speedway Blvd,#100 Daytona Beach,FL 32114 Re: Our Client: Oaklynn Cemetery Association,Inc. Dear Mr.Massey and Counsel: Please be advised that this law firm has been retained by Oaklynn Cemetery Association, Inc. ("OCA"),a not-for-profit made up of, inter afia,the decedents of those interned at Oaklynn Cemetery located in Edgewater,Florida. OCA puts you on notice of claims involving unlawful acts relating to the Oaklynn Cemetery and the treatment and desecration of the interred and maintenance of the property. We write to you as a representatives of Massey Enterprises,Inc.,Volusia County government and the City of Edgewater government,and request that any communications regarding this matter be only through counsel. For many years,Oaklynn Cemetery has been neglected,remains have been disturbed and graves have been destroyed or severely damaged. OCA members have attempted over a number of years to giin,ac*countability of various parties related to these issues to no avail. In June 1996, Massey Enterprises conveyed part of the Oaklynn Cemetery property by quitclaim deed to Volusia County. In 2014,there was allegedly a review of how the City of Edgewater would address the problems with the cemetery. However,at this point,Ookhais not been able to informally resolve issues involving the desecration ATTORNEYS AT LAW WITH OFFICES IN DISTRICT OF COLUMBIA-FLORIDA-NEWYORK A PROFESSIONAL LIMITED LIABILITY COMPANY Charles E.Massey Aaron R.Wolfe Daniel Eckert October 17,2018 Page 2 of ancestors,many of whom are United States military veterans.Accordingly,OCA now forced to consider litigation and has directed that we put you on notice of the serious potential for litigation. Based upon the imminent potential of litigation, OCA requests that your clients preserve documents and information related to Oaklynn Cemetery. Accordingly, without limitation,we request that you cnsui;�that-Massey Enterprises,Inc.,Volusia Cbunty government and the City of Edgewater government,including each member of its commissions,boards,employees,agents and officials(collectively referred to herein as the"Oaklynn Cemetery Control Entities"),take all necessary steps to preserve all evidence in the Oaklynn Cemetery Control Entities's possession,custody or control that is related to Oaklynn Cemetery,including but not limited to all findings,notes,journals, diaries,statements,recordings,telephone records, calendars and communications of any kind and in any form with any person or entity (for example,with third-parties,board members,officers or employees). This obligation extends to electronically stored information("ESI"). In particular,that the Oaklynn Cemetery Control Entities are obligated to not destroy,conceal,or alter,and to affirmatively preserve,any electronic files,data generated by and/or stored on computer systems and storage media(for example,hard disks,portable storage,backup tapes),or any other electronic/magnetic data. Such electronic files or other data include,without limitation:email,web-based email, instant messages, and other electronic communications;word processing documents;spreadsheets;databases;calendars; telephone or facsimile logs;contact manager information; internet usage files; information contained on personal computers,laptops,hard drives,or other portable devices,or stored offline or on removable media(such as CDs,DVDs,and thumb drives);network usage and access logs;voicemail data;data stared on personal digital assistants("PDAs"); security camera or surveillance tapes;audio recordings;videotapes-, call lists;emails;or test/SMS messages stored on blackberry devices or cell phones; Internet pages or sites;and all other electronic information maintained,created,or received by any of the Oaklynn Cemetery Control Entities or on their behalf. Furthermore.,electronic data and the storage media on which they reside contain discoverable information beyond what may be found in documents printed from that electronic data or storage media.Therefore,even where a paper copy exists,the Oaklynn Cemetery Control Entities must preserve all documents in their electronic form along with meta data or information about those documents contained on the media. We trust that this litigation hold will be implemented with full and complete instructions to your commissioners,members, board members,officers,agents,directors and Charles E.Massey Aaron R.Wolfe Daniel Eckert October 17,2018 Page 2 employees to preserve pertinent documents and BSL You are requested to make appropriate adjustments in your record retention practices and your treatment of accessible back-up tapes to ensure that such records and ESI are preserved. Finally, the Oaklynn Cemetery Control Entities are requested to ensure that any current"auto delete?' functions of your electronic records retention are disabled so that requested or relevant data is not lost or destroyed. Should you have any questions or concerns,please do not hesitate to contact me. Ns letter is ent th a full reservation of all rights and claims of OCA and its members d should in n ay b onstrued as a waiver or modification of the same. er t I rs, Neil He hsci cc: Oaklynn Cemetery Association, Inc. 497.284 Abandoned cemeteries; immunity; actions.— (1) Notwithstanding any provision of law to the contrary, a county or municipality which has within its jurisdiction an abandoned cemetery or a cemetery that has not been reasonably maintained for a period in excess of 6 months may, upon notice to the department, take such action as is necessary and appropriate to provide for maintenance and security of the cemetery. The solicitation of private funds and the expenditure of public funds for the purposes enumerated in this subsection are hereby authorized, provided that no action taken by a county or municipality under this subsection shall establish an ongoing obligation or duty to provide continuous security or maintenance for any cemetery, (2) No county or municipality nor any person under the supervision or direction of the county or municipality, providing good faith assistance in securing or maintaining a cemetery under subsection (1), may be subject to civil liabilities or penalties of any type for damages to property at the cemetery. (3) A county or municipality that has maintained or secured a cemetery pursuant to the provisions of subsection (1) may maintain an action at law against the owner of the cemetery to recover an amount equal to the value of such maintenance or security. History.—s. 7, ch. 78-407; ss. 33, 40, ch. 80-238; ss, 2, 3, ch. 81-318; s. 1, ch. 88-300; s. 1, ch. 89-8; ss. 84, 122, ch, 93-399; s, 65, ch. 2004-301. Note.—Former s, 559-525; s. 497.071; s. 497.345. 497.285 Inactive cemeteries.— (1) A licensee shall be considered inactive upon the acceptance of the surrender of its license by the department or upon the nonreceipt by the department of the license renewal fees required by s. 497.265. (2) A cemetery licensee licensed to engage in preneed sales shall cease all prereed sales to the public upon becoming inactive in regard to its cemetery license. At-need sales to the public shall cease within 30 days after becoming inactive. (3) Any licensee desiring to surrender its license to the department shall first: (a) File notice with the department, (b) Submit copies of its existing trust agreements. (c) Resolve to the department's satisfaction all findings and violations resulting from the last examination conducted. (d) Pay all outstanding fines and invoices due the department. (e) Submit its current license. (4) Upon receipt of the notice, the department shall review the licensee's: (a) Trust funds. (b) Trust agreements. (c) Care and maintenance of the cemetery grounds, (5) After a review to the department's satisfaction, the department shall terminate the license. (6) (a) The care and maintenance trust fund of a licensee shall be held intact and in trust after the licensee has become inactive, and funds in that trust fund shall be disbursed to the cemetery on a regular basis for the upkeep of the grounds. (b) The merchandise trust fund of a licensee shall be held intact and in trust after the licensee has become inactive, and the funds in that trust fund shall be disbursed in accordance with the requirements of the written contracts until the fund has been exhausted. History,—s. 85, ch. 93-399; s. 66, ch. 2004-301. Note.—Former s. 497.349. Page I of 3 From: Aaron Wolfe [AWolfe@doranlaw.com] Sent: Monday, March 04, 2013 9:55 AM To: TT Barlow Cc: Karon LaVassaur Subject: RE:Vandalized cemetery in Edgewater Tracey, Yes,your assumptions are correct. Fla.Stat. section 497.284 allows the City to expend public funds to clean up a private cemetery that has not been reasonably maintained for a period in excess of six months,provided the City provides notice to the Department of Financial Services. AGO 2006-22. The City is not required to maintain the cemetery but may do so. Also, if some maintenance Is done by the City it does not create a duty to provide continuous maintenance for the cemetery. The City may also sue the owner of the cemetery to recover the value of the maintenance it provided. Please let me know if you have any other questions regarding this matter. Doran &Su* ns Wolfe Kundid Attorneys at Law Aaron R.Wolfe Attorney at Law 1020 W.International Speedway Blvd,Suite 100 Daytona Beach,FL 32114 Office: 386-253-1111 Fax: 386-253-4260 Email:awolfe@doranlaw.com '"This electronic communication transmission contains information belonging to Doran Sims Wolfe &Kundid which may be privileged,confidential and/or exempt from disclosure under applicable law.The information is intended only for the use of the addressee named above. If you are not the intended recipient,you are hereby notified that any disclosure,copying, distribution or other use of the contents of this electronic communication information is strictly prohibited.If you received this electronic communication in error,please notify me immediately by email reply. Thank you. From:TT Barlow[malito:ttbarlow@CITYOFEDGEWATER.ORG] Sent: Monday, March 04, 2013 7:40 AM To: Aaron Wolfe Cc., R Matusick; B Wenzel; D Lear Subject: FW: Vandalized cemetery in Edgewater By chance this comes up tonight. My understanding of the statute leads me to believe that we Dmay maintain the cemetery as a government but does not require us to assume maintenance and if so, may to action against the owner to recover such cost. I am not aware of any ongoing maintenance trusts associated with this apparently inactive cemetery. file:///O:/City%2OManagers/CM%2OTraceyO/o2OBarlow/City%2OManager/OakO/o2OLynn%... 3/19/2013 Page 2 of 3 Am I correct in my assumptions? Tracey T. Barlow City Manager City of Edgewater From: B Wenzel Sent: Sunday, March 03, 2013 11:39 AM To:TF Barlow; D Lear Subject: Fwd: Vandalized cemetery In Edgewater Sent from my iPhone Begin forwarded message: From: David Cooper<d.cooper237@gm—a1l.com> Date: March 3,2013, 11:36:36 AM EST To: Mayor<MavorACITYOFEDGEWATER.ORG> Subject: Vandalized cemetery in Edgewater Mr. Mayor, My name is David Cooper and I'm writing to bring to your attention the egregious state of Oaklynn Cemetery. There are 26 documented burials there from 1926 through 1969, 3 of which are military veterans.The land is owned by the Massey Family and has been vandalized,some of the graves dug up and many of the above ground crypts busted into. You can easily see caskets with the doors removed and no bodies present inside at least 3 of the crypts. The families of those buried in the cemetery simply want to see the cemetery restored.No one is trying to take anything from the Massey family. The fact that it's gone this far when clearly the Edgewater Police Department,the Volusia County Sheriffs office and many residents knew about it is saddening to say the least. The Massey family is denying any responsibility for the site saying that it's on private property,which I believe is in direct violation of Chapter 497 of the Florida Statutes governing Cemeteries. Mr. Mayor, Myself and the Families of the people buried in Oaklynn cemetery are asking that a small group of people be allowed to maintain the site and restore it to close to its original size, with the understanding that Air Park road has taken up the southern most comer of the property and that nothing can be done about that.All the work necessary will be done on voluntary basis by the families and other volunteers that have expressed a willingness to keep the site clean. Again, no one is trying to take from the Massey's or the City of Edgewater. We're simply asking to have a place to pay respects for lost loved ones. Thank you for your consideration on this matter. David Cooper file:///O:/CityO/o20Managers/CM%20Tracey%20Barlow/City%20Manager/Oakl/o20Lynn%... 3/19/2013 Page 1 of 6 From: Massey Properties [airpark@cfl.rr.com] Sent: Tuesday, March 19,2013 3:01 PM To: TT Barlow Subject: RE: Oaklynn Cemetery Tracey, Massey Enterprises has never prohibited or blocked access to the relatives of the people buried at the cemetery. Due to a long history of vandalism and questionable activities and non-relatives that had no reason to be on the cemetery property have been denied access. If any family members of a deceased wishes to maintain a grave site they are certainly welcome to do so. This has always been our policy. However, in order to maintain security of the graves we will not permit non-relatives to trespass on this property. Bliss E. Bliss Jamison, Broker/Associate Massey Properties 386-427-3100 office 386-566-4966 cell From:Tr Barlow[mailto:ttbarlow@CMOFEDGEWATER.ORG] Sent: Monday, March 18, 2013 11:45 AM To: Bliss Jamison Cc: R Matusick Subject: Fwd: Oaklynn Cemetery Bliss, Can you share with me the stance of the Massey family regarding the right of entry for the family members that may desire to maintain the cemetery. Tracey Begin forwarded message: From: "in2@,oak1ynncemete1y.co " <infb@.oakly11nc!Pmetery,qgW> Date: March 17,2013, 12:09:05 EDT To: "Info@masseyRroperties.com" <Info(a)masseyi)roRerties.com>, "AAC(@,cfi.ff.com" <AAQ@&Lz&=>,Mayor<Mayor@C11Y0FEDGEWATER.ORG>, Districtl <districtl@CITYOFEDGEWATER.ORG>, District2 <Distriet2@CITYOFEDGEWATER.ORG>,District3 <district3@CITYOFEDGEWATER.ORG>, District4 <DiLstr—ic-t4@,C—IIYOFF-D-GEWATER.ORG>, City Manager <CiWEanaizer(&,CITYOFEDGEWATER.ORG>, City Attorney <cjtyattorney,@CITYOFEDGEWATER.ORG> Subject: Oaklynn Cemetery Ladies and Gentlemen: My name is Raoul Parker, I am an advocate for veterans and their file:///O:/City%2OManagers/CMO/o2OTracey%2OBarlow/CityO/o2OManager/OakO/o2OLynn%... 3/25/2013 Page 2 of 6. families. I have been requested by the families of decedents that rest in OakLynn Cemetery to conduct a "fact finding" concerning the status of Oaklynn Cemetery. I would like to express my gratitude for the interest that has been shown In the recent years concerning this problem. However, these discussions have not yielded actionable results. There has been a lot of talk, and very little action. What I would like to do, is foster communication between the city, the families,, and Massey Enterprises that will ultimately lead to resolving this issue permanently. So far there have been no winners in this situation, only losers. The families have not been able to pay proper homage to the deceased. Massey Enterprises is sitting on land with absolutely no commercial value. The City of Edgewater is offending her citizens. One of these situations will not change. The land that the cemetery is situated on will never have a commercial value. The land can continue to sit as Is, yielding nothing of value - no one gains anything. The only other option is that Massey Enterprises attempts to build over and / or destroy the cemetery. I would like to imagine this would never happen. Oaklynn Cemetery is a site of historical significance and a somber reminder of segregation in our country. Any attempts to destroy it would be met with fierce resistance and would undermind any sense of community that may or may not exist. Please see the information below, which has been gathered by me and my colleagues. The exhibits can be downloaded from: bttp-s:llww-w.drop.b-Qx.coml_slltpipk5rb3lmh6i/oaklynn,zip Oaklynn Cemetery was established on 06/21/1926 by L E McMahon, a civil engineer (Exhibit Q. When he built it, it welcomed decedents of all races and made it public (Exhibit A). Due to the welcoming nature of this cemetery,, black decedents became the primary users. In 1926 1 segregation was in full swing. This is evidenced by city directories clearly listing white and "colored" churches (Exhibit D). Oaklynn Cemetery was not dedicated or used as a private / family cemetery. The plots were sold as would be in other cemeteries. Warranty deeds to lots in Oaklynn Cemetery were recorded in County records to three different buyers on 07/23/1926. Lot No. 29 was sold to Earnest Meeks for $12.50, per Roll 208, page 68. Lots No. 16 and 17 were sold to W. A. Alderman for $25, per Roll 199,, page 472. Lot No. 8 file:///O:/City%2OManagers/CM%2OTracey%2OBarlow/CityO/o2OManager/OakO/o2OLynnl/o... 3/25/2013 Page 3 of 6 was sold to V. Badger for $12.50, per Roll 211, page 149. On 08/28/1926 - Lot No. 67 in Oaklynn Cemetery was sold to Parker Meeks for $12.50, per Roll 225, page 218. Further research has not been conducted on who owns each lot; however, it is obviously more extensive. Declassified Army Intelligent imagery clearly shows a functioning cemetery (Exhibit N). These Images were taken on 02/02/1943. According to Massey Enterprises, the airstrip has been operated as a public airport since 1957 (Exhibit B). Two burials occurred In the cemetery since the airport became operational, In 1968 and 1969. In 1970, the USGS Topographic map of the area even clearly identifies the presence of a cemetery (Exhibit P). Up until 1984, the cemetery and its walkways were clearly visible in overhead imagery. In addition to this so was the development that occurred at the airpark (Exhibits 3, K,, F, & Q. This would seem to indicate that those in the area would have known that a cemetery was, in fact, on these grounds. It is also indicated due to the fact that all the development would occur up to the edge of the cemetery and stop. In 1992, imagery seems to indicate that the cemetery was starting to deteriorate (Exhibit M). In 1998 a call was made to the Volusla County Sheriff's office to report vandalism and human remains visible on the surface. On 09/13/2000, the area was annexed into the City of Edgewater. One would imagine that this issue would have been addressed at this point. County land records clearly indicated the presence of a cemetery. There were already reports of human remains on the surface at this point. Despite this, the city decided to annex this land. When the city annexed this cemetery, it became a city issue. Claiming to not know of the existence of the cemetery would indicate negilgent research or the lack of Integrity. In the early 2000's the issue was addressed at various city meetings, with no resolve. The city did contract someone to determine if restoring the cemetery would be feasible (Exhibit 0). The results of this were never indexed on the city's electronic records repository. However, there were mentions of it in local media. It was deemed fit for restoration. From 2006 until present, all overhead imagery shows an overgrown piece of land. file:///O:/CityO/o20Managers/CM%20TraceyO/o24Barlow/City%20Manager/Oak%20Lynn%... 3/25/2013 Page 4 of 6 , On 12/28/2011, the land was zoned as "mortuary use" by the County of Volusla (Exhibit Q. The county went as far to say it would be virtually impossible to get any use out of the land. Measurements taken indicate the parts of the cemetery has already be developed on top of or razed. Local informants have provided the following allegations (these are not being stated as a fact): 1. That Massey Enterprises does not allow family to visit or maintain the land 2. The City of Edgewater has told family they cannot visit due to safety hazards "Unfortunately no one will be allowed on the property. It's a liability for the landowner." 3. The City of Edgewater claims Chapter 497 of Florida State law refers to "Memorial Gardens" and is not applicable. That being said, research indicates that there are legal allowances for the family to access the cemetery. Chapter 497, does indeed have definitions to indicate what would be in scope. See below: 497.00SDefinitions.—As used in this chapter,, the term: "Cemetery" means a place dedicated to and used or intended to be used for the permanent interment of human remains or cremated remains. A cemetery may contain land or earth interment; mausoleum, (11) vault, or crypt interment; a columbarium, ossuary, scattering garden, or other structure or place used or intended to be used for the interment or disposition of cremated remains; or any combination of one or more of such structures or places. "Cemetery company," means any legal entity that owns or controls cemetery lands or property. (12) That being said, did Massey Enterprises technically become a cemetery company? If so, should they have to maintain it? An exempt cemetery? If this is the case, 497.287(Report of identification of exempt cemeteries) is not being followed. Oaklynn Cemetery is in excess of 5 acres. Or is Oaklynn an abandoned cemetery? Re: 497.284Abandoned cemeteries; immunity; actions.— If so, why has the city or county taken responsibility? file:///O:/City%2OManagers/CM%2OTracey%2OBarlow/City%20Manager/Oak%2OLyniP/o... 3/25/2013 Page 5 of 6 Regardless of this, another chapter of Florida law is pertinent. That would be Chapter 704, it makes no difference of a private cemetery and a licensed one. Cemeteries; right of ingress and egress for visiting or maintenance. 704.08—The relatives and descendants of any person buried in a cemetery shall have an easement for ingress and egress for the purpose of visiting the cemetery at reasonable times and in a reasonable manner. The owner of the land may designate the easement. If the cemetery is abandoned or otherwise not being maintained, such relatives and descendants may request the owner to provide for reasonable maintenance of the cemetery, and, if the owner refuses or fails to maintain the cemetery, the relatives and descendants shall have the right to maintain the cemetery. History.—s. 36, ch. 80-238. The Florida Office of the Attorney General, also holds opinions that indicate something is afoul. Please reference: Advisory Legal Opinion - AGO 2006-22 As previously stated, there are no winners in this situation. If Oaklynn Cemetery remains untouched and the family banned, no one wins. If the family is given the access that the law requires, everyone wins. Massey"s concern over injuries on the land is understandable; we live in a litigious society. That being said, we need to put this issue to rest. It has been drug out for over a decade. As an agent of the families, I respectfully request remediation of the issue in one of the following ways: 1. Grant the easement as provided by law and allow the families and volunteers to restore the cemetery. We have no issues with members signing a waiver concerning injuries that may occur on the land. 1 2. Massey Enterprises begin to maintain Oaklynn Cemetery 3. In accordance with 497,284, effect the clean-up of the cemetery. If this is something that the parties are not interested in, please let know as soon as possible. If this cannot be resolved we will need to raise awareness via internet and national media outlets. As you can see, we have already purchased an internet domain name for the cemetery. Furthermore we have begun to solicit pledges that will be used to retain legal counsel that we have already consulted with. Thank you in advance for your attention in this matter, Raoul Parker file:///O:/City%2OManagers/CM%2OTracey%2OBarlow/City%2OManager/Oak"/o2OLyi-ui% .. 3/25/2013 Page 6 of 6 To signup for Edgewater's E-newsletters, click http://Www.cityofedgewater.org/index.php/newsletter-signup To Like us on Facebook click https://www.facebook.com/pages/City-of-Edgewater- Florida/1 56640071072841 To visit our website click http://www,cityofed.gewater.or file:///O:/Ci 1 y%20Managers/CM%2 OTracey%20B arl ow/Ci ty%20Ma nag er/Oak%2 OLynn%... 3/25/2013 TT Barlow From: info@oaklynncemetery.com Sent: Sunday, March 17, 2013 12:09 PM To: lnfo@masseyproperties.com;AAC@cfl.rr.com; Mayor; Districtl-, DlstricQ; Distric*; District4; City Manager; City Attorney Subject: Oaklynn Cemetery Ladies and Gentlemen: My name is Raoul Parker, I am an advocate for veterans and their families. I have been requested by the families of decedents that rest in OakLynn Cemetery to conduct a "**fact finding" concerning the status of Oaklynn Cemetery. I would like to express my gratitude for the interest that has been shown in the recent years concerning this problem. However, these discussions have not yielded actionable results. There has been a lot of talk, and very little action. What I would like to do, Is foster communication between the city, the families, and Massey Enterprises that will ultimately lead to resolving this issue permanently. So far there have been no winners in this situation, only losers. The families have not been able to pay proper homage to the deceased. Massey Enterprises is sitting on land with absolutely no commercial value. The City of Edgewater is offending her citizens. One of these situations will not change. The land that the cemetery is situated on will never have a commercial value. The land can continue to sit as is, yielding nothing of value - no one gains anything. The only other option is that Massey Enterprises attempts to build over and / or destroy the cemetery. I would like to imagine this would never happen. Oaklynn Cemetery Is a site of historical significance and a somber reminder of segregation in our country. Any attempts to destroy it would be met with fierce resistance and would undermind any sense of community that may or may not exist. Please see the information below, which has been gathered by me and my colleagues. The exhibits can be downloaded from: https://www.drogbox.com/s/Itpipk5rb31mh6j/oaklynn.zip Oaklynn Cemetery was established on 06/21/1926 by L E McMahon,, a civil engineer (Exhibit Q. When he built it, it welcomed decedents of all races and made it public (Exhibit A). Due to the welcoming nature of this cemetery, black decedents became the primary users. In 1926 , segregation was in full swing. This is evidenced by city directories clearly listing white and "colored" churches (Exhibit D). Oaklynn Cemetery was not dedicated or used as a private / family cemetery. The plots were sold as would be in other cemeteries. Warranty deeds to lots in Oaklynn Cemetery 1 were recorded in County records to three different buyers on 07/23/1926. Lot No. 29 was sold to Earnest Meeks for $12.50, per Roll 208, page 68. Lots No. 16 and 17 were sold to W. A. Alderman for $25, per Roll 199, page 472. Lot No. 8 was sold to V. Badger for $12.50, per Roll 211, page 149. On 08/28/1926 - Lot No. 67 in Oaklynn Cemetery was sold to Parker Meeks for $12.50, per Roll 225, page 218. Further research has not been conducted on who owns each lot; however, it is obviously more extensive. Declassified Army Intelligent imagery clearly shows a functioning cemetery (Exhibit N). These images were taken on 02/02/1943. According to Massey Enterprises, the airstrip has been operated as a public airport since 1957 (Exhibit B). Two burials occurred in the cemetery since the airport became operational, in 1968 and 1969. In 1970, the USGS Topographic map of the area even clearly identifies the presence of a cemetery (Exhibit P). Up until 1984, the cemetery and its walkways were clearly visible in overhead imagery. In addition to this so was the development that occurred at the airpark (Exhibits 7, K, F, & L). This would seem to indicate that those in the area would have known that a cemetery was, in fact, on these grounds. It is also indicated due to the fact that all the development would occur up to the edge of the cemetery and stop. In 1992, imagery seems to indicate that the cemetery was starting to deteriorate (Exhibit M). In 1998 a call was made to the Volusia County Sheriff's office to report vandalism and human remains visible on the surface. On 09/13/2000, the area was annexed into the City of Edgewater. One would imagine that this issue would have been addressed at this point. County land records clearly indicated the presence of a cemetery. There were already reports of human remains on the surface at this point. Despite this, the city decided to annex this land. When the city annexed this cemetery, it became a city issue. Claiming to not know of the existence of the cemetery would indicate negligent research or the lack of integrity. In the early 2000's the issue was addressed at various city meetings, with no resolve. The city did contract someone to determine if restoring the cemetery would be feasible (Exhibit 0). The results of this were never indexed on the city's electronic records repository. However, there were mentions of it in local media. It was deemed fit for restoration. From 2006 until present, all overhead imagery shows an overgrown piece of land. On 12/28/2011, the land was zoned as "mortuary use" by the County of Volusia (Exhibit E). The county went as far to say it would be virtually impossible to get any use out of the land. 2 Measurements taken indicate the parts of the cemetery has already be developed on top of or razed. Local informants have provided the following allegations (these are not being stated as a fa ct): 1. That Massey Enterprises does not allow family to visit or maintain the land 2. The City of Edgewater has told family they cannot visit due to safety hazards "Unfortunately no one will be allowed on the property. It's a liability for the landowner." 3. The City of Edgewater claims Chapter 497 of Florida State law refers to "Memorial Gardens" and is not applicable. That being said, research indicates that there are legal allowances for the family to access the cemetery. Chapter 497, does indeed have definitions to indicate what would be In scope. See below: 497.005Definitions.•—As used In this chapter, the term: "Cemetery" means a place dedicated to and used or intended to be used for the permanent interment of human remains or cremated remains. A cemetery may contain land or earth Interment; mausoleum, (11) vault, or crypt interment; a columbarium, ossuary, scattering garden, or other structure or place used or intended to be used for the interment or disposition of cremated remains; or any combination of one or more of such structures or places. "Cemetery company" means any legal entity that owns or controls cemetery lands or property. (12) That being said, did Massey Enterprises technically become a cemetery company? If so,, should they have to maintain it? An exempt cemetery? If this is the case, 497.287(Report of identification of exempt cemeteries) is not being followed. Oaklynn Cemetery is in excess of 5 acres. Or is Oaklynn an abandoned cemetery? Re: 497.284Abandoned cemeteries; immunity; actions.— If so, why has the city or county taken responsibility? Regardless of this, another chapter of Florida law is pertinent. That would be Chapter 704, It makes no difference of a private cemetery and a licensed one. Cemeteries; right of Ingress and egress for visiting or maintenance. 704.08—The relatives and descendants of any person buried in a cemetery shall have an easement for ingress and egress for the purpose of visiting the cemetery at reasonable times and In a reasonable manner. The owner of the land may designate the easement. If the cemetery is abandoned or otherwise not being maintained,, such relatives and descendants may request the owner to provide for reasonable maintenance of the 3 cemetery, and, if the owner refuses or fails to maintain the cemetery, the relatives and descendants shall have the right to maintain the cemetery. History.—s. 36, ch. 80-238. The Florida Office of the Attorney General, also holds opinions that indicate something is afoul. Please reference: Advisory Legal Opinion - AGO 2006-22 As previously stated, there are no winners in this situation. If Oaklynn Cemetery remains untouched and the family banned, no one wins. If the family is given the access that the law requires,, everyone wins. Massey's concern over injuries on the land is understandable; we live in a litigious society. That being said, we need to put this issue to rest. It has been drug out for over a decade. As an agent of the families, I respectfully request remediation of the issue in one of the following ways: 1. Grant the easement as provided by law and allow the families and volunteers to restore the cemetery. We have no issues with members signing a waiver concerning injuries that may occur on the land. 2. Massey Enterprises begin to maintain Oaklynn Cemetery 3. In accordance with 497.284, effect the clean-up of the cemetery. If this is something that the parties are not Interested in, please let know as soon as possible. If this cannot be resolved we will need to raise awareness via internet and national media outlets. As you can see, we have already purchased an internet domain name for the cemetery. Furthermore we have begun to solicit pledges that will be used to retain legal counsel that we have already consulted with. Thank you in advance for your attention in this matter, Raoul Parker To signup for Edgewater's E-newsletters click http://www.cityofedgewater.org/index.php/newsletter- signup To Like us on Facebook click hftps://www.facebook.com/pages/City-of-Edgewater- Florida/1 56640071072841 To visit our website click hftp://www.cityofedgewater.org/ 4 A WA TER f'C?57"0I,-I{IC1..s 130X100-E,DG.L'W,,,ITER, FLORIL)A 32132-0100 Mayor Donald A.Schmidt City MI[uragerKenneth R.blooper District I Councilman James N.Brown City Clerk Susan J.Wadsworth District Z Councilman Dennis A.Vincenxi City Attorney Scott A.Cookson District 3 Councilwoman Llarrict E Rhodes Legal Assisuutt Robin l..Matusick District A Councilwoman Judy L.ichter Asst,to City Manager ElivWxtlt J.McBride March 1, 2001. Ms. Sharyn Thompson The Center for Historic Cemeteries Preservation 11. 0. Box 6296 Tallahassee, FL 32301 y Re: Oaklyrui Cenxetery Edgewater, Florida Dear Ms, Thompson: Enclosed for your records, please,find a fully executed original .Agreement and Authorization to Proceed with 'Work regarding the Historical Evaluation of Oaklyrin Cemetery. The City has designated Lynne Plaskett,Planning.Director,as the Ort-site,Coordinator for the Evaluation, Please coordinate your arrival dates with the City. Manager's Office at (904)424-2404 or the Legal Departnzent'at(904)424-2403. Also enclosed for your information is a copy of the Right cif Entry Grant to be executed by Massey Enterprises,-Please call if you have any questions. Sincerely, Robin L.Matusick Legal Assistant I Enclosures e � r I� pr✓ldt� i�t�: � ira [f r Copy to: Lty,Clelk 'ertcl , rlglalragreement)p City Manager, wlenc:l. Planning Director, w/enol. LEGAL DEPARTAI NT. 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' '` v ' ` „Su&antees Ganll7 ° 1'�,. � �1's't``1` ai ICI CSrmat on�"i�Sllf�'.C�CIouniebts it � ' , lege' a ass toe cetnete site end to 1�; dray lloy that pert to tau site artd hrc oriaay be necessary trrr t,4 `shcaes °`ul,�e6ix pletic�ri,a,o , 0 ,� f 1 I y-� k C fi Y� ,d } P ' f E t t P 4� Y ✓ ��'lxe ens, ",11; wrl naf�1111 I many of zts�tights or Bele a't `fns+af��ts duces,'or alalagdti6iis y r �1� l ✓ ✓ 1 oder W .�'!�grebfiient r f �(r�% 10 a ° kr i ,,r 4 i i a ✓ v l ✓r ✓ p t1 �' t ✓ ✓ ty1 f f , i r u y ',ter f/'� f ✓ e y, a ',, i ✓ er a r �I W#`t �, 'ai,, '✓;Xf✓ rr it ' ✓yt ! ✓ ✓ p ✓', ✓ ✓ ✓ ✓ r ,�� :, ",,�, ',,Alii ornptledEdot wi 1, tlae' rape , , ,City" dgeyv'ater , I oweuerFA6 conkiitAh }�� ✓ L M4 J f tl �'I /yy�(.��y 1 p ,Hra,i ✓V,1 6"'"E a if,1 L41■AIS t I ✓ ' ✓ vrll ire allowed to retain copy zgh � apres a 'the zr aG al , c m'�ferral •far , �„ ° publrcaf�ans ar�:prese atraxi 'wait t e,apprayal end consent�O 'A ,e Cl yth t �*/11"G' "BG'i1tl „4t M ,- � ,rte �� i �!� �: i, i '1 �`� ..,, r � 9 `bis A,greenaenl"""nto�ns the gntircrx�nd&tsWndrng of e patrt es rolved Nq x M f It f� it ""T ti ifvqI tZ,K, Alf tl Ulk A fmril-,fffl'Kl 'f, 11 �, ,Il �" If 11 1,If iW IJ ,,,, I: �I , I I I''I'll Off, 1, "1 ;t, .,f, � I ,f�,,��, 11 11 N� �i if 1 P,,�i 'l,i D,�i,) it A nk y�o u fort i if f F, ul d I i k bt`f�: s Iopp anIty bbth�'f�I':fbt t I rig,:,to e' re III % W;,ii "kMIPW %: "h we�� Sha 11, �'ne' er�I,forget your concerw�,fan qillclhdnasr� t Ommuni�y e'i:� b 6, fi�Jto' �'our, c t��U/ MIT, "0 h a d,�'d dtlng meiiibers of m e�I y bbir by''e- bnb�,,v 6 Miff, "Jid tfi,j,fP-,I,,f',i[�ij-1 a ti g qif "fN'! Ow- �', �06w,'T'f,-, , �d .......... bb:s Ul ta me, it t,,,c4q,-The,�-ca y:,/,,,�, (f,�,66` V 3.i;S lf� MXY,,�%,and' V6 o-�s e e,,;, f, 7" e's ........... f ,�O"IVIP mayi),f"GO �be your ligbt, in-your time -"UlY, �ld I Ig, ff IRA "'Pt ............ Jo iR I,,,! i"M F", j It, if If A;� �f'iOW Nfl If WWI 4'-'2), Iffl, 'l-j, mf��I, Of" M, N/�`,�!, im jNf Statutes & Constitution .View Statutes : Online Sunshine Page I of I Select Year: 2012---R The 2o12 Florida Statutes Iftte XI Chapter 704 YICLN Entirg Chapter REAL AND PERSONAL PROPERTY EASEMENTS 704.08 Cemeteries; right of ingress and egress for visiting or maintenance.—The relatives and descendants of any person buried in a cemetery shalt have an easement for ingress and egress for the purpose of visiting the cemetery at reasonable times and in a reasonable manner. The owner of the land may designate the easement. If the cemetery is abandoned or otherwise not being maintained, such relatives and descendants may request the owner to provide for reasonable maintenance of the cemetery, and, if the owner refuses or fails to maintain the cemetery, the relatives and descendants shall have the right to maintain the cemetery. History.—s. 36,ch.80-238. Copyright®1995-2013 The Florida Legislature - Privagy 51atemen - Contact Us h4://www.leg.state.fl.us/Statutes/index.cfin?App_Mode=Display_Statute&Search—String... 3/25/2013 f P S`T C7Ff�"IGE 1 G+. '1CtU-LED GE WA TER PY -DGEIVATE�'�, F'L ORIDA 32132-0100 � Mayor Donald A.Schmidt City ManagerKenneth R.Hoolxr District I Councilman lames P.Brown City Clerk Susan.I,Wadsworth District 2 Councilman Dennis A.Vincenzi. City Attorney Scott A.Cookson District 3 Councilwoman Harriet E.'Rhodes Legal Assistant Robin L.Matusick District 4 Councilwoman Judy Lichter Asst.to City Manager Elizabeth.J.McBride March 1, 2001 MS. Sharyn Thompson The Center for Historic Cemeteries Preservation P. 0. Box 6296 � Tallahassee,FL 32301 Re: Oaklynn Cemetery Edgewater,Florida Dear Ms. Thompson: Enclosed for your records, please find a fully executed original. Agreement and Autlrorization to Proceed with Work regarding the Historical Evaluation of C3aklynn Cemetery. The City has designated Lynne Plaskett;Planning Director,as the Ori-site.Coordinator forthe Evaluation. Please coordinate,your arrival dates with the City.Manager's 4;ffice ait (904)424-24(?4 or the Legal Departmenfat(904)424-2403, A1so.ertclosed for your infoxtnatiort is a copy of the Right of Entry Grant to be executed by Massey Enterprises. Please call if you have any questions. Sincerely, Robin L. Matusick Legal Assistant rltn Enclosures Copy to: �~ aCrcnc � + ral�ire�enz1 t��"tr,"JraNlr�xfi„ �`n�r��1�aMvo�xirawtr„ �i�ra�„�zxuadfin r�rax,fi;EN��Br"ll��'(�n<rr��'g��a Crty Manager, wlencl' Planning Director; /encl. 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I t 11„11«, r✓III'A M k d ,r y ✓ A'%w ,��,.V( „ 1; ;^,: «, �Y MATT:rI � 'r v { / C �„ 7111E �FT�, IEba r of r cr I ' n w r ' r V w - v A 11 6 a I rly d d I i 41 : , , s a r ;�" f F q.,;s h JF„awl�++ , «,"`a 4 11 r rl U tc- a I I,D,r a y l,r / a E v "IJr 4 c A " k1YE r'M�kugAr9/A:7 p1 11,,11 c .�C1�G''/d; '; OfT NI MP� M, aw, MON, "U"We"k ..............l, ''g, .......... 84 novae Awl M Numn-Nns'' "U'RAMMIM", Mill- never,V.,,,forga wyour cancer riess �a U, i"n;4N mo in ovum bodgwcommund 40 e�d I A�h Ncta,, Mrs 'Of MV, OR My,e r y t, M -T ......................... J�:j M 1�1111............. AP pllj!p'N'f��"Plan FLORIDA PUBLIC ,X,.RCHAEO LO(�y NET O RK July 20, 2015 Councilman Gary Conroy City of Edgewater 104 North Riverside Drive Edgewater, FL 32132 RE: Support for Preserving Oaklynn Cemetery Dear Councilman Conroy: I am writing this letter in support of the Friends of Oaklynn's efforts to clean up and maintain the cemetery located in the annexed portion of Edgewater. I am the Northeast Regional Director of the Florida Public Archaeology Network (FPAN) with specializations in cemetery preservation and municipal archaeology. Our job at FPAN is to help preserve sites through education and outreach, assist local governments„ and assist the state's Division of Historical Resources. All these work areas overlap at Oaklynn. In the past we have provided our Cemetery Resource Protection Training course for the Oaklynn volunteers (which includes sections on managing historic cemeteries, laws, recording methods and outreach strategies), monitored activities at the request of the state when human remains and vandalism was brought to the state's attention, and continue to offer cemetery preservation related educational opportunities, such as our annual statewide cemetery conference held recently in Deland. The fact is most cemeteries in the state are endangered. Only 1,460 of an estimated 8,000 historic cemeteries are listed on the Florida Master Site File, our only permanent statewide inventory of cultural resources. On the positive side, Oaklynn has been listed and updated. It also gives me hope to see the organization and service provided by the Friends of Oaklynn, both by the decedents and many concerned citizens. However, they desperately need a fence to protect the site. They need neutral intermediaries to continue partnership building with the landowner Mr. Massey. They need supplies, volunteers, and legal assistance to file their 501c3. I am available to introduce myself and answer any questions the Council may have by phone, email, or in person when the cemetery is on the Council's agenda. A public workshop on cemetery preservation issues could also be arranged. I trust that the City of Edgewater will want to partner with the Friends of Oaklynn and Mr. Massey to see the cemetery remains a place of honor and respect for future generations. Sincerely, 0 mix, A •. i JSti 'tf {"r f'4� �y i4e$ la county o q)0(US ry Public Works Services Center Construction Engineering Group 123 West Indiana Avenue o Deland, Florida 32720-4262 Telephone (904) 736-5967 • 257-6067 a 423-3874* FAX 822-5736 June 28, 1996 Doris E. Massey Massey Enterprises, Inc. P.O. Box 949 New Smyrna Beach, Florida 32170-0949 Re: Abandonment/Vacation of a portion of the plat of Oaklynn Cemetary, as recorded in Map Book 11, Page 10 of the Public Records of Volusia County, Florida and the granting of a Right of Way Easement for Air Park Road. Dear Ms. Massey: Enclosed is a copy of Resolution No. 96-114, which was recorded on June 25, 1996 in Official Records Book 4116, Pages 4791 through 4793 of the Public Records of Volusia County, Florida. Also, enclosed is a copy of the Right of Way Easement that Massey Enterprises granted to the County of Volusia, which was recorded on June 25, 1996 in Official Records Book 4116, Pages 4789 and 4790 of the Public Records of Volusia County, Florida. This concludes the Abandonment process. If you have any questions or need anything further, please give me a call. It has been a pleasure working with you. Sincerely, Linda A Harper Right of Way Specialist Enclosures R-,Icw Y.P. RESOLUTION N0. 96- 114 RESOLUTION VACATING AND ABANDONING A CERTAIN PORTION OF SUBDIVISION PLAT IN VOLUSIA COUNTY, FLORIDA T-2111�ri 0%rq CS 4=P rq C- WHEREAS, Massey Enterprises a Florida Partnership and the County of Volusia has presented to the County Council a sworn Petition in writing wherein and whereby they seek to have vacated a portion of the plat of Oaklynn Cemetary, as recorded In Map Book 11, Page 10 of the Public y 10) Records of Volusia County, Florida, including certain streets, hereinafter described,which said plat is on file In the Office of the Cleik of the Circuit Court of Volusla County, Florida. and to have the 0 171 property hereinafter described and encompassed in said plat, Including streets, returned to acreage 0 0 for the purpose of taxation; and im CL WHEREAS, the County Council Is of the opinion that said Petition is in proper form and that all things have been done by the said petitioner(s)as conditions precedent to the consideration of action upon said Petition, and WHEREAS, this Council is of the opinion that the prayer of said Petition should be granted, NOW THEREFORE BE IT RESOLVED BY THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, IN REGULAR MEETING DULY ASSEMBLED IN THE THOMAS C. KELLY ADMINISTRATION CENTER, COUNTY COUNCIL CHAMBERS, IN THE CITY OF DELAND, FLORIDA, THIS 20TH DAY OF JUNE,A.D. 1996,AS FOLLOWS: SECTION 1: That portion of the subdivision plat described as follows,to-wit: All that portion of the plat of Oaklynn Cemetary according to the plat thereof as recorded In Map Book 11, Page 10 of the Public Records of Volusia County, Florida, lying Westerly of the Westerly Right of Way of Myrtle Aavenue, a platted 50 foot Right of Way. be and the same, Including streets, is hereby vacated, and the property covered by said plat, including streets, be and the same is hereby returned to acreage as it existed prior to the riling of said plat, for the purpose of taxation. SECTION 11: The Clerk of the Circuit Court-is hereby directed to affix:upon the face of the plat of the subdivision appropriate notice that the aforementioned portion of plat has been vacated. DONE AND ORDERED IN OPEN MEETING: COUNTY COUNCIL VOLUSIA COUNTY, FLORIDA B cHATWAN A ATTE %--T / /I CO CO JNT MANAGERICLERK G:\WP61\96\PW\CE\HARPERL\t4ASSEY.RES 0 tip i�} 55 C-3 rq t-- 04- 43 STATE OF FLORIDA X f q COUNTY OF VOLUSIA A4 G.Eaa 1, LAWRENCE W.ARRINGTON, County,Manager and Clerk to the County Council of Volusia County, Florida, do hereby certify that the attached and foregoing RESOLUTION NO. 96-114 is a true and correct copy of that-certain Resolution as adopted by the County Council of Volusia County, Florida, at its meeting held on June 20, 1996. WITNESS my hand and official seal at DeLand, Volusia County, Florida, this 20th day of June, A.D. 1996. Lawrence W, 611inaton LAWRENCE W.ARRINGTON COUNTY MANAGER AND CLERK TO THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA W USAN AM: WHITTAKER, DEPUTY CLERK 06/25/1996 13:33 Doc stamps 0.70 (Transfer Amit $ 10) Instrument # 96109141 Book = 4116 Peioe : 47139 RIGHT OF WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS: That Massey Enterprises, a General Partnership organized and existing under the laws of the State of Florida, whose post office a0qress is PO Box 949, New Smyrna Beach , FL 32170, as Grantor, in consideration of Ten Dollars ($10.00) and other valuable considerations to it in hand paid, receipt whereof is acknowledged, does hereby grant and convey unto the COUNTY OF VOLUSIA, a Political Subdivision of the State of Florida whose permanent address is 123 West Indiana Avenue, Deland, Florida 32720-4262, as Grantee, and its assigns, a perpetual and exclusive easement for right of way for public road, sidewalk and/or bicycle path and utility purposes over, upon, under and across the following described lands, situate in Voiusia County, Florida, to wit: The Easterly 30.00 feet of that portion of the plat of Oaklynn Cemetery according to the plat thereof as recorded in Map Book 11, Page 10 of the Public Records of Volusia County, Florida, lying Westerly of the Westerly right of way of Myrtle Avenue, a 50.00 foot platted right of way. Tax Parcel#8438-01-00-0330 TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns, together with the right to enter upon said lands and construct and maintain a public road, sidewalk and/or bicycle path and utilities thereon;with all such fills, cuts, drains, ditches and other Incidents which the said Grantee may deem necessary or convenient in connection therewith; and together with the right to issue permits for the installation and maintenance of Public Utilities thereon; with immunity unto the said Grantee from all claims for severance damage to Grantors' contiguous lands, if any, arising from or growing out of such construction and/or maintenance. IN WITNESS WHEREOF, said Grantor h used these presents to be executed aits qwpqrate Q seal :10-1;4 ham Imen :Q affi*gd by its properic"Ife-Nereunto duly authorized, this ;;d// r4 day of urie 1996. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Eassey,!Ehterprises,A Florida Partnership Witness Dori Masse a neral Pgrfner os+e 0 f.t%.s 0 A -(Print or Type Name) John S. Massey� Aeneral Partner Witness -'&174 /,. 1,4e. (Print or Type Name) GAWP61%96\FKCE\HANDESE\HASSEY Book : 4116 Page : 4790 Diane K. Matousek Volusla CountYp Clerk of Court STATE OF FLORIDA COUNTY OF VOLUSIA Before me personally appeared Doris E. Massey and John S. Massey to me well kncLWn and known to me to be the General Partners of Massey Enterprises, a Florida Partnership named in the forgoing instrument and known to me to be the persons who, as such partners of said partnership have executed the same. WITNESS my hand and official sea[ In the County and State last aforesaid this day of A.D. 1996. Title/Rank Notary—Public Signature Serial Number (Print or Type Name) My commission expires: 1AA000'. "OFFICIAL SEAL" This Instrument Prepared By: 111H.Lois Stevenson -a my canHsslon Wres 11208 Volusla County Legal Department COMMISS100#cc W716 123 West Indiana Avenue fit Del-and, Florida 32720-4262 GAWF61\96\MCE\HMESE\K%SM r ORDINANCE NO. 2000-0-02 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCATED ON AIR PARK ROAD AND PARD AVENUE, VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY AND TERMS OF THE ANNEXATION AGREEMENT; AMENDING THE DESCRIPTION OF CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Massey Enterprises, a Florida Partnership, are the owners of certain real property located West Park Avenue and Air Park Road, in Volusia County, Florida. Subject property lies north and south of West Park Avenue (a County road) and east and west of Air Park Road (a County road) and contains approximately 110.59 acres more or less. 2. The owner has voluntarily petitioned the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is contiguous to the City's boundaries and the conditions for annexation and the economics thereof are satisfactory. 4. The boundaries of voting District 1 of the City of Edgewater are hereby Stfaek thFeu&passages are deleted. Underlined passages are added. 2000-0-02 1 designated to include the property described herein. 5. After a meeting on December 15, 1999, the Planning and Zoning Board reviewed the petition and recommended by a vote of 6 to 0 that the property be annexed into the City. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER,FLORIDA. I Pursuant to Section 171.044, Florida Statutes, that certain real property described in Exhibit A and depicted in the map identified as Exhibit B, which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality and to the terms of that certain Annexation Agreement which is attached hereto and incorporated by reference as Exhibit C. 2. The boundaries of the City of Edgewater are hereby redefined to include the property described above and depicted in the map identified as Exhibit B. 3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended accordingly. 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia County Manager, the Mapping Division of the Volusia County Growth Management Stizuek thi-7eugh passages are deleted. Underlined passages are added. 2000-0-02 2 Department, and the Department of State. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions,or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance 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. PART D. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART E. ADOPTION. After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on the first reading/public hearing of this ordinance held on January 24,2000, was as follows: Mayor Donald A. Schmidt AYE Councilman James P. Brown AYE Councilman Dennis A. Vincenzi AYE ,uek dkreug#passages are deleted. iderlined passages are added. 00-0-02 3 Councilwoman Harriet E. Rhodes AYE Councilwoman Judy Lichter AYE After Motion by Councilman Brown and Second by Councilman Vincenzi, the vote on the second reading/public hearing of this ordinance held on February 7,2000,was as follows: Mayor Donald A. Schmidt AYE Councilman James P. Brown AYE Councilman Dennis A. Vincenzi AYE Councilwoman Harriet E. Rhodes AYE Councilwoman Judy Lichter AYE PASSED AND DULY ADOPTED this 7`"day of February, 2000. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA By: Susan J.Wadsworth Donald A. Scraidt City Clerk Mayor Robin M.Wolf Legal Assistant Fuek t4eegh passages are deleted. iderlined passages are added. 00-0-02 4 EXHIBIT A LEGAL DESCRIPTION ITEM#1 That portion of an irregular parcel in U. S. Lot 4, Section 32, Township 17 South, Range 34 East, lying South of the FEC Railway Branch Line, and North of Park Avenue, a 60 foot R/W as now exists. ITEM#2 That portion of Lots 13 and 14 of the Subdivision of the South Third of the Ambrose Hull Grant per Map Book 5, Page 54 (and Map Book 4, page 199 and Map Book 16, Page 165)of the Public Records of Volusia County, Florida, lying southerly of the FEC Railway Branch Line and Northerly of Park Avenue, a 60 foot R/W as now exists, excluding that part described in that certain deed recorded in Official Records Book 1763, Page 1645, deeded to the City of Edgewater. ITEM#3 That portion of U. S. Lots 3 and 4, Section 31, Township 17 South, Range 34 East, lying Southerly of the FEC Railway Branch Line, and Northerly of Park Avenue, a 60 foot R/W as now exists. ITEM#4 The Westerly 803 feet of the Easterly 1023 feet of Lot 14 of the Subdivision of the South Third of the Ambrose Hull Grant per Map Book 5, Page 54 (and Map Book 4, Page 199 and Map Book 16, Page 165) of the Public Records of Volusia County, Florida, lying Southerly of Park Avenue, a 60 foot R/W as now exists, excluding that portion lying Southerly of a line 550 feet Northerly of and parallel to the South line of said Lot 14. ITEM#5 Fuck Offou passages are deleted. iderlined passages are added. 00-0-02 5 Lot 1, MASSEY INDUSTRIAL AIRPARK, being an unrecorded subdivision and described as follows: A part of U. S. Lots 3 and 4, Section 31, Township 17 South, Range 34 East, and being more particularly described as follows: Commence at the Southeast comer of U. S. Lot 4, Section 31, Township 17 South, Range 34 East, thence S 69'15'31" W along the Southerly line of said U. S. Lot 4, a distance of 232.13 feet; thence N 06'45'31" W,a distance of 51.33 feet;thence S 69'15'31" W, a distance of 416.65 feet; thence N 2014636" W, a distance of 836.06 feet for the Point of Beginning; thence N 20"46'36" W, a distance of 319.70 feet to the Southerly R/W line of Park Avenue, a 60 foot R/W as now exists; thence N 66*47'27" E, along said Southerly R/W line, a distance of 713.47 feet; thence S 06'4531" E, a distance of 361.12 feet; thence S 69415'31" W, a distance of 625.36 feet to the Point of Beginning, containing 5.12 acres more or less. ITEM ff6 Lot 2, MASSEY INDUSTRIAL AIRPARK, being an unrecorded subdivision and described as follows: A part of U. S. Lots 3 and 4, Section 31, Township 17 South, Range 34 East and being more particularly described as follows: Commence at the Southeast comer of U. S. Lot 4, Section 31, Township 17 South, Range 34 East, thence S 69°15'31" W along the Southerly line of said U. S. Lot 4, a distance of 232.13 feet; thence N 06°45'31" W, a distance of 51.33 feet;thence S 69°15`31" W, a distance of 416.65 feet; thence N 20146'36" W, a distance of 785.80 feet for the Point of Beginning; thence S 69'15'31" W, a distance of 429.41 feet to the Easterly R/W line of Airpark Road, a 50 foot R/W as now laid out; thence N 20*46'36" W,along the said Easterly R/W line, a distance of 351.46 feet to the Southerly R/W of Park Avenue, a 60 foot R/W as now laid out; thence N 66'47'27" E, along the Southerly R/W of said Park Avenue, a distance of 429.80 feet; thence S 20"4636" E,a distance of 369.96 feet to the Point of Beginning, containing 3.56 acres more or less. ITEM#7 ,uek t4 &passages are deleted. iderlined passages are added. 00-0-02 6 All of MASSEY INDUSTRIAL AIRPARK FIRST ADDITION, unrecorded plat, Volusia County reference#1811, more particularly described as: All of that portion of U. S. Lot 4, Section 31, Township 17 South; Range 34 East as lies Southerly of Park Avenue and Westerly of Airpark Road and the Easterly 220 feet of Lot 14 of the subdivision of the South Third of the Ambrose Hull Grant as recorded in Map Book 5, Page 54 of the Public Records of Volusia County, Florida, lying Southerly of Park Avenue. ITEM#8 That portion of Lots 17 to 21 inclusive and Lots 135 and 136, Assessors Subdivision of the Samuel Betts Grant, per Map Book 3, Page 153, of the Public Records of Volusia County, Florida, lying Westerly of a line 100 feet West of and parallel to the centerline of Runway 18-36 Massey Ranch Airpark, as described in Official Records Book 4402, Page 2031, lying Southerly of a line lying 650 feet South of and parallel to the Southerly line of Lot 137 of said Samuel Betts Grant, and lying Easterly of the Southerly prolongation of the Easterly R/W line of Myrtle Avenue (now Airpark Road) as shown on the plat of Oaklynn Cernetary per Map Book 11, Page 10,of the Public Records of Volusia County,Florida. ITEM#9 Lots 200 to 221 inclusive, Lots 17 to 21 inclusive of Massey Unrecorded Subdivision#1808 and Lots 33, 34, 35, 135, 136 and 137 of the Assessors Subdivision of the Samuel Betts Grant, according to map thereof in Map Book 3, Page 153 (and Map Book 15, Page 247-248), of the Public Records of Volusia County, Florida, less and except that portion lying Easterly of the East R/W line of Myrtle Avenue per plat of Oaklynn Cemetary recorded in Map Book 11, Page 10, of the Public Records of Volusia County, Florida, and said East R/W line's Southerly prolongation and except that portion lying Westerly of a line 754 feet West of and parallel to said East R/W line of Myrtle Avenue and its Southerly prolongation. 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V a:A o, r�j r/fir..r/ / O./rG r �1;, %!/ /y%/.,,,�./l;�r,,, /r, /ia(r7%i, r,. � a ✓ r,��o%� �/,-��a Jar�%'/',��i,rl�' bf/,f//,�//i /�,'/r ,lr �il� �r „//rr 9 rf f � �r / b Y 0 I�`rS��,^��'/� �� ,warm nar� a, h ry ✓� + T �' rr 00 M fit Groco . ® z CD .... w ct lb oro � � cu as Coo Cb Z3 VsCD (gyp CD W V,11 „„. ,,,�-„ ..,�^'^”"✓^' � � r ,.�......,....,...�-w- .' „» n Cpm 'S2 lb �. .. -- Statutes&Constitution :View Statutes : Online Sunshine Page 1 of I Select Year: E201iFv FG—o ] The go18 Florida Statutes Title XL Chapter 704 View Entire Chapter REAL AND PERSONAL PROPERTY EASEMENTS 704.08 Cemeteries; right of ingress and egress for visiting or maintenance.—The relatives and descendants of any person buried in a cemetery shalt have an easement for ingress and egress for the purpose of visiting the cemetery at reasonable times and in a reasonable manner. The owner of the land may designate the easement. If the cemetery is abandoned or otherwise not being maintained, such relatives and descendants may request the owner to provide for reasonable maintenance of the cemetery, and, if the owner refuses or falls to maintain the cemetery, the relatives and descendants shall have the right to maintain the cemetery. History.—s. 36, ch. 80-218. Copyright 0 1995-2019 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search—String=... 3/21/2019 114 �v- i , r .sYb i f I�A I r N V lls a. a • "o #1 C 0 . .. F ETA, �-