CITY OF PALM COAST RESOLUTION 2006-______



CITY OF PALM COAST RESOLUTION 2007-__

A RESOLUTION OF THE CITY OF PALM COAST, FLORIDA RELATING TO THE PARTIAL VACATION OF THE PLAT KNOWN AS THE PLAT OF BUNNELL DEVELOPMENT COMPANY AS RECORDED IN MAP BOOK 1 PAGE 1 OF THE PUBLIC RECORDS OF FLAGLER COUNTY FLORIDA; PROVIDING FOR Legislative findings and intent; PROVIDING FOR VACATION OF PLAT; PROVIDING FOR IMPLEMENTING ACTIONS AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, pursuant to Chapter 177, Florida Statutes, Florida Landmark Communities, Inc., a Florida corporation, and Sunshine Events, Inc., a Florida Corporation (collectively referred to herein as “Petitioners”) have petitioned the City Council of the City of Palm Coast to vacate a portion of the Subdivision Plat of Bunnell Development Company, as recorded in Map Book 1, Page 1, of the Public Records of Flagler County, Florida (the “Plat”); and

WHEREAS, Section 177.101(3), Florida Statutes, provides that “The governing bodies of the counties of the state may adopt resolutions vacating plats in whole or in part of subdivisions in said counties, returning the property covered by such plats either in whole or in part into acreage. Before such resolution of vacating any plat either in whole or in part shall be entered by the governing body of a county, it must be shown that the persons making application for said vacation own the fee simple title to the whole or that part of the tract covered by the plat sought to be vacated, and it must be further shown that the vacation by the governing body of the county will not affect the ownership or right of convenient access of persons owning other parts of the subdivision.”;

and

WHEREAS, Section 177.101(4), Florida Statutes, provides that “Persons making application for vacations of plats either in whole or in part shall give notice of their intention to apply to the governing body of the county to vacate said plat by publishing legal notice in a newspaper of general circulation in the county in which the tract or parcel of land is located, in not less than two weekly issues of said paper, and must attach to the petition for vacation the proof of such publication, together with certificates showing that all state and county taxes have been paid. For the purpose of the tax collector's certification that state, county, and municipal taxes have been paid, the taxes shall be deemed to have been paid if, in addition to any partial payment under s. 194.171, the owner of the platted lands sought to be vacated shall post a cash bond, approved by the tax collector of the county where the land is located and by the Department of Revenue, conditioned to pay the full amount of any judgment entered pursuant to s. 194.192 adverse to the person making partial payment, including all costs, interest, and penalties. The circuit court shall fix the amount of said bond by order, after considering the reasonable timeframe for such litigation and all other relevant factors; and a certified copy of such approval, order, and cash bond shall be attached to the application. If such tract or parcel of land is within the corporate limits of any incorporated city or town, the governing body of the county shall be furnished with a certified copy of a resolution of the town council or city commission, as the case may be, showing that it has already by suitable resolution vacated such plat or subdivision or such part thereof sought to be vacated.” and

WHEREAS, Section 177.101(5), Florida Statutes, provides that “Every such resolution by the governing body shall have the effect of vacating all streets and alleys which have not become highways necessary for use by the traveling public. Such vacation shall not become effective until a certified copy of such resolution has been filed in the offices of the circuit court clerk and duly recorded in the public records of said county.’ and

WHEREAS, the Attorney General of the State of Florida, in Attorney General Opinion (AGO) Number 75-171, dated June 13, 1975, issued to Mr. Parks M. Carmichael, City Attorney for the City of Chiefland; in AGO 76-12, dated January 8, 1976, issued to Mr. R. William Rutter, Jr., County Attorney for Palm Beach County; and in AGO 2005-11, dated February 9, 2005, issued to Mr. Garth C. Coller, County Attorney for Hernando County, recognized that cities may act under the provisions of State law and their home rule powers to take vacation actions; and

WHEREAS, the City of Palm Coast is vested with home rule authority pursuant to Article VII, Section 2 of the Constitution of the State of Florida and Chapter 166, Florida Statutes, as well as the provisions of the City Charter and other law; and

WHEREAS, Petitioners have shown that Petitioners own fee simple title to the property; and

WHEREAS, it has been shown that the vacation of the Plat will not affect ownership or the right of convenient access of persons owning land within the Plat or the subdivision created by means of the Plat; and

WHEREAS, notice of intention to petition for the vacation of the Plat was published pursuant to Section 177.101(4), Florida Statutes; and

WHEREAS, the petition for vacation of the Plat and the procedures and processes used by the City Council of the City of Palm Coast comply with Section 177.101, Florida Statutes, and other controlling law.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM COAST, FLORIDA, that:

Section 1. Legislative findings and intent.

(a). The City Council of the City of Palm Coast hereby adopts and incorporates into this Resolution the Petition and materials provided by the Petitioner, the recitals (whereas clauses) to this Resolution, the City staff report and City Council agenda memorandum relating to the application relating to the action set forth herein.

(b). The City of Palm Coast has complied with all requirements and procedures of Florida law in processing and advertising this Resolution.

(c). This Resolution is consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Palm Coast.

Section 2. VACATION ACTION.

That portion of the Subdivision Plat of Bunnell Development Company, as recorded in Map Book 1, Page 1, of the Public Records of Flagler County, Florida as further depicted in Exhibit “A” hereto, is hereby vacated and annulled; provided, however, that this action shall not affect any deeded easement or other right that exists aside from the platting of property which resulted from the Plat.

Section 3. IMPLEMENTING ACTIONS.

(a). The City Clerk shall cause a certified copy of this Resolution shall be filed in the offices of the Clerk of Circuit Court in and for Flagler County, Florida and recorded in the Public Records (Land Records) of Flagler County, Florida.

(b). The City Manager, or designee, is hereby authorized to take any actions necessary to implement the action taken in this Resolution by the City Council of the City of Palm Coast.

SECTION 4. EFFECTIVE DATE.

This Resolution shall take effect immediately upon adoption by the City Council and the recording of the Resolution as set forth in Section 3.

PASSED and ADOPTED at the meeting of the City Council of the City of Palm Coast on the fourth day of December 2007.

|ATTEST: |CITY OF PALM COAST, FLORIDA |

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|______________________________________ |By:___________________________________ |

|CLARE HOENI, CITY CLERK |JON NETTS, MAYOR |

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Attachment: Exhibit “A”

Search Title: PARTIAL VACATION OF THE PLAT KNOWN AS THE PLAT OF BUNNELL DEVELOPMENT COMPANY

EXHIBIT A

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