Exh 7D
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July 10, 2000
\_ STAFF REPORT
AGENDA ITEM: Requested abandonment of utility easement, Ocean Grove, Unit 1.
SUBMITTED BY: George Worley II, Community Development Director
DATE: July 3, 2000
BACKGROUND:
IVIr. James Minter has expressed an interested in dividing a lot that he owns in Ocean
Grove Unit 1. During examination of his .request Staffnoted that a utility easement crosses Mr.
Minters property. A review of the Subdivision Plat indicates the easement but does not cleazly
grant it to the municipality. However, in 1987 the City of Atlantic Beach passed Ordinance65-87-
15 which abandoned the portion of this easement on a nearby property. In addition, Mr. Minters
existing home was constructed.. astride the easement in the early 1950's, effectively nullifying any
future usefulness to the City for utility purposes.
RECOM1ViENDATION:
Because there are no existing or planned utilities in this easement and because. of the
existence of a number of homes built across portions of this easement, it is the belief of staffthat
abandonment of this portion will not create any adverse impact on the City. It is Staffs
recommendation that the City Commission pass on first reading the attached Ordinance 95-00-75
and set a public hearing for final reading.
ATTACHMENTS:
1) Ordinance 95-00-75
REVIEWED BY CITY MANAGER:
GENDA ITEM NO.
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ALAN C. JFNSFN July 10, 2004
Attorney at Law
935 North Third Street -
Post Office Bos 50457_.
Jacksonville Beach, FMrida 32240-0457
..
Telephone (904) 246-2500. FacsimHe (904) 246-9960
June 16, 2000
VIA HAND DFIIIVERY
Mr. George Worley II, City Planner
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
Dear George:
Enclosed aze copies of a letter from an attorney in Jacksonville, a 1987 Ordinance, and a January,
2000, survey on Lots 8 and 9, Block 1, Ocean Grove, Unit 1. They wish to have the City of
Atlantic Beach close, vacate and abandon the utility easement on their property as we previously
did in 1987, and I have no problem with it.
I have prepazed a proposed Ordinance. in that regard and a copy is also enclosed. I would
appreciate you presenting it to the city manager and requesting that it be placed on the agenda for
the June 26 meeting. _
II there are any questions, please do not hesitate to contact me.
Very truly yours,
.ALAN C. SEN
Enclosures
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ORDINANCE N0.95-00-75
AN ORDINANCE OF THE CITY 4F _ATLANTIG BEACH, FLORIDA, - _.
VACATING AND ABANDONING PLAITED EASF~1dENT5 ON LOTS 8
AND 9, BLOCK 1, OCEAN GROVE, UNIT NO. 1, AS RECORDED ~N
PLAT BOOK I5, PAGE $2, OF THE CURRENT PUBLIC .RECORDS OF
DUVAL COUNTY, FtARIDA, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Lots 8 and 9, Block 1, Ocean Grove, Unit No. 1, as recorded in Plat Book
15, page 82, of the current public records of Duval County, Florida, were formerly under the
jurisdiction and city boundaries of Jacksonville, Florida; and
WHl~tEAS, the City of Jacksonville, Florida, issued and had recorded a Utility Easement
on said described property; and
WHEREAS, the City of Jacksonville, Florida, has approved construction of residential
structures on said property, said structures being completed wherein the existing Utility Easements
run through the structures as now completed; and
Wffi+.R]EAS, the property described herein. has been annexed by the municipality of
Atlantic Beach, Florida, and same has no need for the prior existing easements as established by
Jacksonville, Florida; and
VPE3:EREAS, the owners and .developer of said property desires to have said easements
released. to clear the property from any title discrepancies caused thereby.
NOW AFORE, BE IT FNACTID BY .THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATI.~NTIC BEACH, FLORIDA:
SECTION 1. The City of Atlantic Beach does hereby close, vacate and_abandon three (3)
foot wide Utility Easements across Lots 8 and 9, Block 1, Ocean Grove, Unit No. 1, as xecorded in
Plat Book 15, page 82, of the current public records of Duval ,County, Florida..
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City .Commission on first reading this day of ,
2000.
_. t
MAUREEN I~TG
City Clerk
Approved as to form and correotness:
ALAN C. JENSEN, ESQUIRE
City Attorney
J ~11L`I S . 1Yltw7~ Y t'+
Mayor, Presiding Officer
.l
July 10, 2000
JACK G. HAND. JR.
JACK G. HAND, JR., P.A.
ATi•ORNEY AND COUNSELOR AT LAW
SUNfRUST BUII.DINCi -SURE 1517
200 WEST FORSYi'H STREET
. JACKSONVILLE, FLORIDA 32202- -- --
. ,TELEPHONE I9O41~35d-~ 533 •' FAX f904) 351S-Sfl38 .
..
. .... HORACE R. GREW. JR. .
.. _ . •. .. ~ . - RETIRED
.. June 8, ..2000 ~ _ .
Alan Jensen, Esq.
935 N. 3rd Street
Jacksonville Beach, Florida
BY FACSIMILE NUMBER 246-9960
Dear Alan:
Pursuant to our telephone conversation of this afternoon, I
enclose a copy of the. Ordinance which was passed in 1987, and which
closed the easement on .the property directly across Dewess Avenue
from the property owned by Jim and Charlotte Minter. I would
certainly appreciate it if you could introduce a similar ordinance
on behalf of Jim and Charlotte. Minter. on Lots 8 and 9 of Ocean
Grove, as described on the enclosed survey.
°+
Mr. and Mrs. Minter certainly have appreciated the cooperation
which they have gotten from the City of Atlantic .Beach on this
matter, and I appreciate your cooperation in preparing the
ordinance. If I can be of~any assistance in any way, please let me
know. •
With kindest personal regards, I am
Sincerel
- J ck G. Hand, Jr.
JGH/pm
enclosures
cc: by U:S. Mail
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July 10, 2000
ORDINANCE N0. 65-87-15 •
AN ORDINANCE OF TIIE CITY OF ATLANTIC BEACH VACATING
AND ABANDONING PLATTED EASEMENTS ON LOT 7 ANII LOT 8 .
OF BLOCK 6, OCEAN GROVE UNIT 1 AS RECORDED IN PLAT.,:'''
BOOK 15 PAGE 82 OF•THE CURRENT PUBLIC RECORDS.OF'
DUVAL COUNTY; PROVIDING AN EFFECTIVE DATE
WHEREAS Lots 7 and 8, Block 6, Ocean Grove, Unit 1; Ylat Book 15,
• Page 82 of the current records of Duval County, Florida were formerly,
under the jurisdiction and city boundaries of Jacksonville, Florida; and
WitEREAS the City of Jacksonv111e, Florida issued and had recorded a
Utility Easement on said described property; and
W1~iEREAS the City of Jacksonville,.Florida has approved construction
of residential structures on said property, said structures being
completed wtzerein the existing Utility Easements run.thxough the struc-
tures as now completed; and °A :r
.,
WHEREAS the property described herein has been annexed by the
municipality of Atlantic Beach, Florida, and same. has~no need far the
.prior existing easements as established by Jacksonv111e, Florida; and
'
WIiERFsAS the owners and developer of said property desires to have
• said easements released to clear the property from any title discrep-
ancies caused thereby, ~ •
NOW THEREFORE, BE IT ENACTED BX THE PEOPLE OF THE CITX OF A~ItANTIC
BEACH, FLORIDA: ~ ,' "'tom;' ~
Section 1. The City of Atlantic Beach does hereby close, vacate.
and abandon three (3) foot wide Utility Easements across-Lots 7 and 8, '
Block 6, Ocean Grove, Unit 1 as recorded in .Plat. Book 15, Page 82 of the
current public records of Duval County, Florida.
Section 2. This Ordinance, shall take effect immediately upon
its adoption.
Passed by the City Commission on first reading
Passed by the City Commission•on second &. f~~
./" //~-%
App owed as to form and correctness
C ._..
aude L. Mullis, City Attorney ,
June 22, 1987
rtoweli, Mayoz; Presiding Officer
* *, ~ ~t
June 8, 1987
ATTEST•
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MAP SHCIWING BOUNDARY SURVEY CIFf .
• LOTS 8 AND 9, BLOCK I, OCEAN GROVE, UNIT N0. I AS RECORDED IN PLAT 800K 15,
PAGE 82 OF TtiE PUBLIC RECORDS OF DWAL COUNTY. FLORIDA.
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/ / NOTES ;
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/ j NO BUILDING RESTRICTION LINE BY PLAT, BUT THERE AIRY BE
/ / RESTRICTION LINES OR EASEMENTS THAT AFFECT THIS
/ / PROPERTY BY ZONING OR RECORDED IN THE PUBLJC
/ / RECORDS OF THIS COUNTY THAT ARE NOT SHOWN ON
/ j THIS SURYEY, 1
/ /
/ / THIS PROPERTY UES W FLOOD ZONE 'X' BY FLOOD MAPS
/
/ REVISED 4/!7/89, COMMUNITY PANEL NOi120075 0001 D.
IA) DENOTES ACTUAL DISTANCE OR ANGLE f. .•'c,~, ~, rf ? , _ ... .•
. OU DENOTES DISTANCE OR ANGLE SHOWN ON •_ ~ 1.: J• ~ • ,.. 'i• .• ,•c• •' '•
RECORDED PLAT. ~
_
PREPARED FOR THE BENEFIT OF ;
^
.. / \ JIM MINTER
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H. BRUCE URD~N, 5R.
PROFESSIONAL LAND SURVEYOR N0.]674 FLORIDA
1703 SOUTH TN1R0 STREET pATE; JANUARY (6, 2000
JACKSONVILLE.BF~ICH, FLORIDA 32250 SCALE. ~~~=20~
(904) 249-726 J FAX (904) 241- J252 i
THIS MAP OF SURVEY !S NOT VALID UNLESS 1T IS SIGNED ANO .
~~U'il~~®~~ ~ iN
L8 6645
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July 10, 2000