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053 vORDINANCE NO. 53 AN ORDINANCE CLOSING TO THE PUBLIC USAGE ALL THAT PORTION OF OLD SHERRY DRIVE AND ALL THAT PORTION OF TWELFTH STREET THAT LIE WEST OF COUNTY ROAD NO. 551, AS DESCRIBED IN DEED BOOK 790, PAGE 248, AND IN DEED BOOK 792, PAGE 246, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AND AUTHORIZING AND DIRECTING THE 1AYOR AND TOWN CLERK TO EXECUTE AND DELIVER A DEED CONVEYING THE FEE OF SAID PORTIONS OF OLD SHERRY DRIVE AND TWELFTH STREET TO THE ABUTTING LAND OWNER. WHEREAS, Old Sherry Drive and Twelfth Street are shown as public streets and are dedicated as such on a Plat of Atlantic Beach, Subdivision A, recorded in Plat Book 5, page 69 of the Current Public Records of Duval County, Florida; and WHEREAS, by Deed dated February 1st, 1938, and re- corded in Deed Book 777, page 231 of said Public Records, the fee of said Old Sherry Drive and Twelfth Street was conveyed by Atlantic Beach Holding Company to The Town of Atlantic Beach; and WHEREAS, since February 1st, 1939, Atlantic Beach Holding Company has conveyed to Duval County, Florida, in deeds recorded in Deed Book 790, page 248, and in Deed Book 792, page 246 of said Current Public Records, a right-of-way deed replacing the portion of Old Sherry Drive that extended North from the Plaza, as shown on said recorded Plat; and WHEREAS, said County Road, now known as County Road No. 551, is now hard-surfaced and open as a public thorough- fare; and WHEREAS, a portion of Old Sherry Drive and a portion of Twelfth Street that lie Test of said County Road No. 551 have never been opened to or used by the public and are of no use nor necessity as a public road since the hard-surfacing and I Road No. 551 continue to exist as dedicated public streets cer- tain properties abutting on said portions are valueless because of their narrow triangular shape and size; and WHEREAS, Atlantic Beach Holding Company is the owner of all of the lands abutting each side of said portion of Old Sherry Drive and said portion of Twelfth Street that lie Test of County Road No. 551, and has made application to the Town of At- lantic Beach that said portions of said streets be forever closed as public streets, and has requested the Town of Atlantic Beach to convey the fee of said portions of said streets to Atlantic Beach Holding Company so that said Atlantic Beach Holding Company may in the future replat and subdivide the lands lying immediately West of and abutting County Road No. 551; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ATLANTIC BEACH, FLORIDA: Section 1: All that portion of Old Sherry Drive and all that portion of Twelfth Street as shown on a Plat of Atlantic Beach recorded in Plat Book 5, page 69 of the Current Public Re- cords of Duval County, Florida, that lie West of County Road No. 551, as described in Deeds from Atlantic Brach Holding Company to Duval County, Florida, recorded in the Current Public Records of Duval County, Florida, in Deed Book 790, page 248, and in Deed Book 792, page 246, be and they are hereby vacated, closed and abandoned and their use by the public in any manner whatsoever is hereby prohibited. Section 2: George H. Smith, Mayor, and C. R. Frazier, Town Clerk, be and they are hereby authorized and directed to forthwith execute and deliver on behalf of said Town of Atlantic Beach, a Deed conveying to Atlantic Beach Holding Company, a Florida corporation, all of the right, title, claim and inter- est of said Town in and to that portion of Old Sherry Drive ir • At All that portion of Old Sherry Drive and all that portion of Twelfth Street as shown on a Plat of Atlantic Beach recorded in Plat Book 5, page 69 of the Current Public Records of Duval County, Florida, that lie West of a County Road known as County Road No. 551 and described in Deed Book 790, page 248, and in Deed Book 792, page 246 of said Public Records, all situate in the Town of Atlantic Beach, Duval County, State of Florida, in Government Lot 3, Sec- tion 16, Township 2 South, Range 29 East. e/e/ Passed by(' the Town Council on first and second readings ld 'v 1939; passed by the Town Council on Third and final reading 7 1939; and presented to the Mayor G ,C7 , 1939. Ali Alel, , • i Town C : k. Examined and approved thisPp 0 - day of $662 .40-1474 1939. Air der" 11.y• p nviewallo tts"oyli c/0.5;1: g0 Tiffsd her,y p ri v t-) L6/,,, Us ''