Loading...
O-53-116 ORDINANCE # 116 . AN ORDINANCE PERMANENT LY CLOSING AND VACATING ' FROM THE MAP JUNIATA STREET WEST OF TWELFTH STREET i A 15 FOOT ALLEY RUNNING EAST AND WEST IN BLCCK 11, SUNNYSIDE UNIT I CLERMONT HEIGHTS; AND LAKE DRIVE EAST OF BLOCKS 46 AND 47 AND WEST OF THE MESNE HIGH- LOW WATER NiARK OF CRYSTAL LAKE I SOUTH OF THE SOUTH RIGHT OF WAY LINE OF DESOTO STREET AND NORTH OF THE NORTH RIGHT OF WAY LINE OF BROOME STREET; ALL ACCORD- ING TO THE' OFFICIAL MAP OF THE CITY OF CLERMONT FILED FEBRUARY 4, 1926, AND RECORDED IN PLAT BOOK 8,PAGES 17 TO ~3, I1\CLUSIVE I PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; PROVIDING FOR THE REVERSION OF SAID LANDS TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR OTHER ÞÆATTERS RELATING THERETO. . WHEREAS, the State Road Department of the State of Florida has re-located State Road 50 within the territorial boundaries of the City of Clermont, Lake County, Florida, and has constructed a portion of same West of Twelfth Street and through a portion of the North Half of Block 138 and through Lot 6 of Block 139, accord- ing to the Official I~p of the City of Clermont duly filed and recorded on February 4, 1926, in the public records of Lake County, Florida, diagonally across Juniata Street and in the construction and re-Iocation through said area herein described has made a deep cut whereby Juniata Street West of Twelfth Street is no longer usable as a public street or highway within the City of Clermont and can be of no benefit to the traveling public or those living within the City of Clermont and said lands lying in Block 139 and North of Juniata Street and any westward ex- tension thereof are owned by F. B. Roe, Charles B. Roe, and Marian McAdams, and the lands in Block 138 and West thereof and South of Juniata Street and any extension thereof are owned by l~xene Wil- Banks and W. H. Wilbanks, Sr., and that they have requested the City of Clermont to permanently close Juniata Street West of Twelfth Street; and WHEREAS, in Block 11 of Sunnyside Unit, Clermont Heights, a subdivision of the City of Clermont according to the Official Plat thereof and according to the Official Map of the City of Clermont, both of which are duly filed and recorded in the public records of Lake County, Florida, there has been provided a fifteen (15) foot '\~\, ., IV / .. alley running East and West directly South of Lots 10 to 14, inclusive, and directly North of Lots 15 to 22, inclusive, in said Block 11, which lots are owned by Harold F. Hamel, and that the balance of the property owners in said Block 11, particularly those owning Lots 3 and 4 of Block 12, according to the map of the Townsite of Clermont and according to said Official Map of the City of Clermont hereinabove referred to have no use for said alley and do not require same for ingress and egress to their respective parcels of property and have requested the City of Clermont to close said alley and to vacate same on the plats or , map herein described; and WHEREAS, Lake Drive around C~ystal Lake as represented on the Official Map of the City of Clermont duly filed and recorded in the public records of Lake County, Florida, lying South of the South right of way line of DeSoto Street and North of the North right of way line of Broome Street and East of Blocks 46 and 47 according to s~id plat and West of the mesne high-low water mark of Crystal Lake is not needed by the traveling public as a high- way or street nor is it needed by the owners of the S~ of Lots 1 , . to 6, inclusive, of said Block 47, and is not needed by the owners of Lots 1, 2, 3 and 4 of Block 46 for ingress and egress to their respective properties and have asked that said described portion . of Lake Drive be permanently closed and vacated from the plat, and that there is not sufficient land as represented on the plat for the construction of said Lake Drive if same were to be con- structed without expensive fill, and that said lands lying East , of Blocks 46 and 47 and West of the high-low water mark of Crystal Lake are now owned by the City of Clermont in accordance with Chapter 22,236, Laws of Florida of 1943; and WHEREAS, after due consideration the City Council of the City of Clermont has deemed it to the best interests of the City and the abutting property owners that the streets or alleys here- inabove described be permanently closed and that said streets or alleys be permanently vacated on the respective plats herein- . before described and that the lands embraced within the boundaries or rights of way of the respective streets or alleys hereinabove described which have been requested to be closed by the abutting property owners should revert to and become the property in fee simple of the abutting property owners in proportion to the owner- ship of the respective lands abutting on said streets or alleys and that they should have full possessio~ and control of their portion of said streets or alleys and that same should become in all in- tents and purposes a part of their respective property the same as if same had never been included within the boundaries or rights of way of the respective streets or alleys hereinabove described; . and, V~EREAS, the above described streets or alleys in the fore- going paragraphs have in accordance with the laws of the state of Florida been designated on said respective plats or ~aps as streets or alleys and same being an offer of dedication for said respective streets or alleys and the City of Clermont by and through its governing body and officers of the City of Clermont have never opened, maintained or in any way improved said streets or alleys for the use of the general traveling public or those property owners owning lands abutting and adjacent to said streets or alleys; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERliÍONT, FLORIDA: Section 1: That Juniata Street West of Tvælfth Street as represented on the Official Map of the City of Clermont duly filed . for record on 4 February 1926 and recorded in Plat Book 8, pages . . .. 17 to 23, inclusive, public records of Lake County, Florida, be and the same is hereby forever closed as a street'in the City of Clermont and that said street is hereby permanently vacated and cancelled on said Official Map; and that the North half of said Juniata Street lying West of Twelfth Street is hereby declared to be reverted to and the þroperty of the owners of Lot 6, Block . .. 139, who are F. B. Roe, Charles B. Roe, and hBrian McAdams, and that from this date on they are hereby placed in full possession, control and ownership of said property with the right to sell, mortgage, lease or otherwise dispose of said premises the same as if they could had they originally owned said lands and it had not been dedicated as a street to the public and as. represented on said Official Map; and that the South half of Juniata Street lying West of Twelfth street is hereby declared to be reverted to and the property of the owners of Block 138, who are A~xene Wil- . . banks and W. H. Wilbanks, Sr., and that from this date on they are hereby placed in full possession, control and ownership of said . . property with the right to se 1]" mortgage, lease or otherwise dis- pose of said premises the same as if they could had they originally owned said lands and it had not been dedicated as a street to the public and as represented on said Official Map; Section 2: That the fifteen (15) foot alley located in Block ll, Sunnyside Unit, Clermont Heights, according to the plat thereof duly filed and recorded in the public records of Lake County, Florida, and according to the Official Map of the City of Clermont filed for record on 4 February 1926 and recorded in Plat . Book 8, pages 17 to 23, inclusive, public records of Lake County, , . Florida, and being located directly South of Lots 10 to 14, in- clusive, and directly North of Lots 15 to 22, inclusive, in said Block 11, be and the same is hereby declared to be reverted to and the property of the owners of Lots Ie to 14, inclusive, and Lots 15 to 22, inclusive, in Block 11, who is Harold F. Hamel and that from this date on he is hereby placed in full possession, J.. contr·ol and ownership of said property with the right to sell, mortgage, . lease or otherwise dispose of said premises the same as if they could had they originally owned said lands and it had not been dedi- cated as a street to the public and as represented on said Official Map. .. Section 3: That Lake Drive around Crystal Lake lying South of the South boundary of DeSoto Street and North of the North boundary of Broome Street and \'lest of.the mesne high-low water mark of Crystal Lake, and East of Lots 1 to 6, inclusive, . Block 47, and Lots 1 to 4, inclusive, Block 48, be and the same is hereby declared to be reverted to and the property ~f the owners of Lots 1 to 6, inclusive, Block 47, and Lots 1 to 4, inclusive, and that portion of the street within the above described boundaries lying East of Lots 1, 2 and 3, Block 47, is hereby declared to be reverted to and become the property of the owners of said Lots 1 . . to 3, inclusive, to-wit: Herbert F. Bailey and wife, Laula M. Bailey; and that Lots 4, 5 and 6 lèss the West 65 feet, Block 47, is hereby declared to be reverted to and become the property of the owners thereof, to-wit: Richard E. Harris and wife, Audrey' M. Harris; and that Lot 1 and that fractional part of Lot 2 of Block 46,described as:Begin at NW corner of Lot l, run South to SW corner of Lot 2, thence North 77033', East to East line of Block 46, northwesterly along East line of Block 46 to NE corner of Lot 1, West to point of beginning, is hereby declared to be reverted to and become the property of Arthur L. George and wife, Josephine E. George; and that all of Lots 3 and 4 and all of Lot 2 less the following described parcel of property: Begin at NW corner of Lot 1, run South to SW corner of Lot 2, thence North 77°33', East to East line of Block 46, northwesterly along East line of Block 46 to NE corner of Lot l, West to point of beginning, of said Block 46 is hereby declared to be reverted to and become the property of Robert L. Attkisson and wife, Kathryn Attkisson¡ and that from this . date on all of the above owner s are hereby placed in full possession, . control and ownership of said property with the right to sell, mort.:. gage, lease or otherwise dispose of said premises the same as if. they could had they originally owned said lands and it had not been dedicated as a street to the public and as represented on said Official Map. ,. Section 4: That a certified copy of this ordinance be filed of record in the public records of Lake County, Florida, and that the City of Clermont by and through its Mayor and City Clerk do convey to the owners of the property adjoining those streets and alleys hereinabove declared to be closed and vacated on the plat at their earliest convenience by quit claim deed and that the Tax Assessor of the City of Clermont do, beginning with January 1, 1953, assess said property to the owners or their successors in title. Section 5: That this ordinance shall take effect im~ediately upon its passage and approval by the Mayor in accordance with the Charter of the City of Clermont and the laws of the state of Florida. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PASSED by the City Council of the City of Clermont at its Regular Meeting held on January 6, 1953. ~~h~cú ~ ------ - - - - - - - - - - - - - - - RECEIVED AND APPROVED by ~#~53' .. .