095 vp f
ORDINANCE NO. ci
AN ORDINANCE CLOSING TO THE PUBLIC USAGE ALL
THAT PORTION OF SECOND STREET BETWEEN EAST
COAST DRIVE AND OLD SHERRY DRIVE THAT LIES
SOUTH OF THE NORTH SIDE OF BLOCK 3, AND ACROSS
THE NORTH TEN FEET OF THE UNPLATED STRIP BE-
TWEEN BLOCK 3 AND OLD SHERRY DRIVE, AS SHOWN Ili
PLAT BOOK 5, PAGE 69 OF THE CURRENT PUBLIC RECORDS
OF DUVAL COUNTY, FLORIDA, AND AUTHORIZING AND
DIRECTING THE MAYOR AND TOWN CLERK TO EXECUTE AND
DELIVER QUIT CLAIM DEEDS CONVEYING THE NORTH TEN
FEET OF THE LOTS IN BLOCK 3 AND OF SAID UNPLATED
STRIP ABUTTING ON SECOND STREET TO THE ABUTTING
LAND OWNERS.
WHEREAS, Second Street between East Coast Drive and Old Sherry
Drive is shown as a public street and is dedicated as such on a
plat of Atlantic Beach recorded in Plat Book 5, page 69, of the
current public records of Duval County, Florida; and
WHEREAS, by Warranty Deed dated May 12, 1927 and recorded in
Deed Book 423, pages 112 and 113, of said public records, certain
lots in Block 4,fronting on the North side of Second Street were
conveyed by the Atlantic Beach Improvement Corporation, the then
owner of all lots on the North and South sides of Second Street,
which Deed specifically excluded a part of said lots by the
following provision: "Fzcept the Southerly, ten (10) feet of
Lots fronting on Second Street as shown on said
plat, which said Southerly ten feet is now a part of Second Street,
the same having been widened on both sides from forty to sixty
feet"; and
WHEREAS, by Warranty Deed dated March 18, 1929 and recorded
in Deed Book 512 at pages 95 to 97 of said public records, the
Atlantic Beach Improvement Corporation conveyed Lot 5, Block 3,
fronting on the South side of Second Street, which Deed specifi-
cally excluded a part thereof by the following provision: "Except
the North ten (10) feet thereof (which ten feet has been used in
widening Second Street) "; and
WHEREAS, since May 12, 1927 the Atlantic Beach Improvement
Corporation has conveyed certain lots in Block 3 (excerit in the
case of Lot 5, Block 3) to various individuals without reservation
for the widening of Second Street from forty to sixty feet as was
originally contemplated as above set forth and thereby certain
technical title questions have been raised and excepted in policies
of title insurance, particularly in the case of Lots 1 and 3,
Block 3, concerninc: the Northerly ten feet of the lots in Block 3
fronting North on Second Street; and
WHEREAS, by Deed dated April 11, 1946 and recorded in Deed
Book 1160, pages 235 and 236, the Atlantic Beach Improvement
Corporation conveyed to the Atlantic Beach Holding Company the
North ten (10) feet of Lot 5, Block 3; and
WHEREAS, the Atlantic Beach Improvement Corporation, by Deed
dated April 29, 1946 and recorded in Deed Book 1164 at pages 270
and 271 of said public records, conveyed to the Town of Atlantic
Beach for public street usage the South ten feet of all lots in
Block 4 fronting on the North side of Second Street, together
with the necessary lands to extend Second Street Westerly to Old
Sherry Drive so that the South line of said Second Street (as
widened to fifty feet) would conform to the South line thereof
as shown in said Plat Book 5, page 69, excepting only the SouthtenfeetofLot10, Block 4, which had been previously conveyed
to Joe Robbins and Inez Robbins, his wife; and
WHEREAS, by Decd dated lay 11, lc 46 and recorded in Deed
Book 1177, at page 75, Joe Robbins and Inez Robbins conveyed to
the Town of Atlrntic BeEch for public street usage the South ten
feet of Lot 10, Block 4; and
WHEREAS, the Town of Atlantic Beach has determined that fifty
feet is sufficient width for Second Street and does not require
the North ten feet of Block 3 and the unplsted strip betweenBlock3andOldSherryDriveforpublicstreetpurposes; and
WHEREAS, the North ten feet of Block 3 and of said unplated
strip fronting North on Second Street has never been open to or
used by the public and is of no use nor necessity as a public
road; and
WHEREAS, said north ten feet of Block 3 has not been uniformly
or publicly dedicated for public street purposes and is valueless
for street purposes in view of the adequate width already provided
for Second Street; and
WHEREAS, several of the owners of the lots in Block 3
fronting North upon Second Street have made application to the
Town of Atlantic Beach that said North ten feet of the lots in
Block 3 and of the unplated strip between said Block 3 and Old
Sherry Drive fronting North on Second Street be forever closed as
a public street and have requested the Town of Atlantic Beach to
convey the fee of said North ten feet to them so that technical
title questions will not be raised and excepted in future policies
of title insurance.
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 the North ten (10) feet
of Block 3 and of the unplated strip between said Block 3 and
Old Sherry Drive lying South of the South line of Second Street
extended Westerly to Old Sherry Drive as shown on a plat of
Atlantic Beach recorded in Plat Book 5, page 69, current public
records of Duval County, Florida, be and they are hereby vacated,
closed and abandoned and their use by the public in any manner
whatsoever is hereby prohibited.
Section 2: G. L. Rosborough, Mayor, and Adele S. Grage,
Town Clerk, be and they are hereby authorized and directed to
forthwith determine the lawful record owner of the lots and
property hereby concerned and obtain affidavits as to lawful
ownership from each owner and thereupon execute and deliver on
behalf of said Town of Atlantic Beach a Deed conveying to each
respective owner, all of the right, title, claim and interest of
said Town in and to the North ten feet of each lot in Block 3
and of the unplated strip between said Block 3 and Old Sherry
Drive lyirn; South of the South side of Second Street as extended
esterly to Old Sherry Drive, all as shown on a map of Atlantic
leach recorded in Plat Book 5, page 69, current public records
of Duval County, Florida.
d
Passed by the Town Council on first and second readings
d a.n
3 7• passed by the To n Council on
harfinal reading o .z , 1947; and
presented to the Mayor 1947.
ad—e'ee— /eS).
Town Cler.
Examined and approved this /O -'day of 9
19 47.
Mayor