Item 7AAGENDA ITEM # 7A
AUGUST 13, 2007
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
CLOSING, VACATING AND ABANDONING A CERTAIN PORTION OF
CORNELL LANE, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, as part of the City's intent to provide affordable housing within the city
limits of Atlantic Beach, Beaches Habitat for Humanity needs to obtain ownership of certain
property currently owned by the City of Atlantic Beach, which is a portion of the city owned
right of way in Cornell Lane, and
Wf~REAS, Beaches Habitat for Humanity is providing valuable service to the City of
Atlantic Beach and its citizens in providing affordable housing, and has obtained written
confirmation from the owners of the properties adjacent to that portion of Cornell Lane being
abandoned by this ordinance, who would normally receive ownership to a portion of the property
being abandoned, that they will convey any interest received in the abandoned property to
Beaches Habitat for Humanity so that additional affordable housing units can be constructed, and
WHEREAS, adjacent property owners have expressed their support for the abandonment
of this property by the City and the use of said property by Beaches Habitat for Humanity to
provide affordable housing within the city limits, and
WHEREAS, the property being abandoned by this ordinance is no longer needed by the
City of Atlantic Beach for any municipal purpose, and
WHEREAS, it is in the best interests of the citizens of Atlantic Beach, and a valid public
purpose, that a certain portion of Cornell Lane be closed, vacated and abandoned. Therefore,
pE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOP E
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SFC TT(1N 1 _ The City does hereby close, vacate and abandon all right, title and interest
to that portion of Cornell Lane as shown on the attached map, and described as follows:
That portion of Cornell Lane lying south of Lot 4 of Cornell One, as per
Plat Book 55, pages 91 and 91A, and lying north of Tract "C" as per
Scheidel Court, as per Plat Book 57, pages 99 and 99A, of the current
public records of Duval County, Florida.
,4_F~. ''TTY Title to those portions of Cornell Lane which would normally revert to
adjacent property owners as a matter of law by virtue of the City's abandonment of those portions
shall, pursuant to written confirmation provided by said adjacent owners, be conveyed by said
adjacent owners to Beaches Habitat for Humanity within thirty (30) days following fmal passage
Ordinance No. 65-07-35 Page 1 of 2
AGENDA ITEM I# 7A
AUGUST 13, 2007
of this ordinance. In the event the adjacent property owners fail for any reason whatsoever to
timely convey title to Beaches Habitat for Humanity as required herein, then in that event this
ordinance shall be null and void and of no force or effect whatsoever. The City Clerk shall not
record this ordinance either in the City's official records or in the official public records of Duval
County, Florida, in which this property is located, until proof of conveyance to Beaches Habitat
for Humanity is provided.
SF.C'TTnN 3_ Th1s Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this 23`~ day of July, 2007.
PASSED by the City Commission on second and final reading this 13"' day of August,
2007.
ATTEST:
DONNA L. BUSSEY, CMC
City Clerk
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
DONALD M. WOLFSON
Mayor, Presiding Officer
Ordinance No. 65-07-35 Page 2 of 2