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Ordinance No. 90-91-154 v ORDINANCE NO. 90-91-154 AN ORDINANCE AMENDING ORDINANCE NO. 90-87-116 OF THE CITY OF ATLANTIC BEACH, ABANDONING A PLATTED EASEMENT OF LOTS 79 AND 80, SELVA LINKSIDE, UNIT 1, APPROVING A NEW EASEMENT ON LOTS 78 AND 79, SELVA LINKSIDE, UNIT 1, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission passed Ordinance No. 90-87- 116 on April 13 , 1987, which zoned certain property described therein as Planned Unit Development (PUD) , and which PUD is known as Selva Linkside, and WHEREAS, Ordinance No. 90-87-116 provides, in part, that the property described therein is zoned PUD "in compliance with the application and plans on file with the City, " and WHEREAS it is necessary for certain changes to be made in the plans approved as part of Ordinance No. 90-87-116 in order to facilitate minor adjustments to said plans, and said changes comply with the criteria set forth in Section 24-133 (c) of the Code of Ordinances. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1: The following changes to the plans of Selva Linkside, a Planned Unit Development, are hereby approved: (a) The City does hereby vacate and abandon that certain ten (10) foot wide drainage easement across Lots 79 and 80, Selva Linkside, Unit 1, as recorded in Plat Book 44 , pages 23 and 23A of the current public records of Duval County, Florida. The abandonment of said easement shall become effective upon compliance by Selva Linkside with subsection (b) hereinbelow. (b) Selva Linkside shall grant to the City of Atlantic Beach a perpetual, unobstructed easement for stormwater drainage under and across the following described property: "The West 5. 0 feet of the South 99. 95 feet of Lot 79 and the East 5 . 0 feet of the South 99.95 feet of Lot 78 of Selva Linkside, according to the plat thereof as recorded in Plat Book 44, pages 23 and 23A of the current public records of Duval County, Florida. " Said grant of easement shall be in a form acceptable to the city, and the fees for recording said easement shall be paid by Selva Linkside. SECTION 2 . This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 28th day of May , 1991. PASSED by the City Commission on second and final reading this 10th day of June , 1991. Attest: i, 1 , MAIM KING, City �rk ILLIAM - oLLIFO R. Mayor, Presiding Of Approved as to form and correctness: VI. AlOP:ef; OF 41' C. JEN ESQUIRE City Attor -y