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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