Exh 7A06/28/2002 10:52 904-246-9960 ALAN C JENSEN ATTY
ALAN C. JIIVSEN
Attorney at Iaw
935 NorW Third Street
Post O~t:e Box SO45T
Jacksonv3lte Seach, Florida 32?AO-0457
Telephone (9pd) 246-2500
DATE:
TO:
FB2M:
FAX NUMBER:
NUMBER OF PAGES:
FROM:
CLffidT/MATTER NO.:
Paul:
AGENDA ITEM #7A
JULY 8, 2002
F9esimt7e (904) 246-996D
)&Dlail: A7easenrmw®aol.can
FAX MEMORANDUM
June 28, 2002. Tifne: @ tT,tk~lt
Paul M. Eakin
EAKIN, SNEED & CATALAN
(904) 247-6535
4 (including cover sheet)
ALAN C. JFIVSEN, ESQ.
Cypress Street Ordinance No, 65-02-30
MESSAGE
I think I need to address the requited easement in the Ordinance to be passed by the City, and I
enclose a copy of the Ordinance which was passed by first reading at the Last Commissitm meeting
on Lune 24, 2002. I have changed Section 3 of tht Ordinance to make ineffective wht~t the Cartes
provide us with an easement under that portion of Cypress Street they will own as a resole of
passage of Ordinance.
We may well need to get further legal description for We new easement under Cypress Street from
the surveyor, but I did not want to hold up passage of the Oxdiaance. I will get with you the fast
of next week in this regard. Thank you.
AC7/tdb
Cc: James R. Manson, City Manager (w/enc.)
Maureen King, City Clerk
The information contained is this facsimile moasaga is ertoraey privileged and confidential information intended only
for the use of the individual or entity named above. If the reader of dris message is not the intended recipient, or the
employoo or agent tcaponaibk to deliver it to .the iatendod recipient, you ate hezaby notified that say diseamiaatioa,
distribution or copying of this eommumeafion ie strictly prohibited. If you have received this commualwtloa is
error, please immediately ~tify ua by telephone and remra the original nteaeago to us at the above address via U.S.
Postal Sezvice. Thank You.
.06/28/2002 10:52 904-246-9960
RP,PARHD HY:
ALAN C. rHNSEN. HSQUIRE
P,O. BOX 50457
lackwnville Hwch, PL 322400457
ALAN C JENSEN ATTY
AGENDA ITEM #7A
JULY 8, 2002
ORDINANCE NO.65-02-30
AN ORDINANCE OF THE C1TX OF ATLANTIC BEACH, FLORIDA,
CLOSING, VACATING AND ABANDONING A CERTAIN A PORTION OF
CYPRESS STREET, AND PROVIDING AN EFFECTIVE DATE.
WFIEREAS, the City of Atlantic Beach has obtained an easement for installation and
maintenance of a water line from Cypress Strut to Nautical Boulevard South across certain real
Property owned by John and Susan Cane, and
WHEREAS, Uae Canes are providing valuable consideration ro the City of Atlantic Beach
by executing a Grant of Easement for said waterline, and
WHEREAS, that portion of Cypress Street which fxants the Cane's property is at the
westerly end of Cypress Street and is of no practical or other use ro the City, and
WHEREAS, it is in the best interests of the citizens of Atlantic Beach, and a valid public
purpose, that a certain portion of Cypress Street be closed. Therefore,
BE IT ENACTED BY THE CITY COI~SSION ON BEHALF OF THE PEOPI..E
OF THE CITY OF ATLANTIC BEACH, FIARIDA:
SECTION 1. The City does hereby close, vacate, and abandon all right, title and interest
to that portion of Cypress Street as described in the legal description attached as 'bit A hereto,
and as shown on the map attached as 1?~bit B hereto. ,
SECTION 2. Title to said portions of Cypress Street shall revert ro the adjoining property
owners as provided by law.
SECTION 3. This Ordinance shall take effect immediately upon its .final passage and
adoption ~ upon the City obtaining an easement from the Cams for maintenance of the existing
water line installed under that portion of Cypress Street ro be owned by the Canes as a result of this
Ordinance.
PASSED by the City Commission on fast reading this day of 2D02.
,
06/28/2002 10:52 904-246-9960 ALAN-0 ,IENSEN ATTY AGENDATTEM#7A
NLY 8, 2002
PASSID by the City Commission on second and final reading this -day of , 2002
ATTEST:
MAUREEN LTG JOfIN S. MESP1tVE
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
,ALAN C. 7J:NSEN, FSQUJl2E
City Attorney
06/28!2002 10:52 904-246-9960
ALAN CJENSEN ATTY
A'TTACHMFIVT "A"
AGENDA ITEM #7A
JiJLY 8, 2002
A portion of Cypress Street (a 50 foot tight of way) as recorded in Saltau Sect[on 1, Plat Book 10,
page 8, of the current public records of Duval County, Florida and being more particularly
described as follows:
Commence at the intersection of the northerly right of way lice of Cypress Street (a 50 foot right of
way as now established) with the westerly right of way line of Belvedere Street (a 50 foot right of
way as now established); thence north 67'28°00° west, along said northerly right of way line of
Cypress Street, a distance of 175 feet to the point of beginning; thence south 22'32"00° west, a
distance of 50 feet to the southerly right of way right of way line of Cypress Street; thence north
67'28"00° west along said southerly right of way line, a distance of 54.94 feet to the eastedy line
of Block 27, Royal Palms, Unit T'wo A, as recorded in Plat Book 31, pages 1, lA and iB, of
said public records; thence north 06' 46" 00°, west along said east line, a distance of 40.99 feet to
the westerly right of way line of Cypress Street (a 50 foot right of way-eurrenuy closed); thence
north 22'32"00°' east along said west line, at distance of 14.25 feet to the northerly right of way
line of Cypress Street; thence south 67'28"00°, east along said northerly .right of way .line, a
distance of 75 feet to the Point of Beainnine.
Containing 3391.34 square feet, more. or less.