Introduced by Council Member Doyle Carter

1 1Introduced by Council Member Doyle Carter 2

3 RESOLUTION 2013-782 2013-782.tif 4 A RESOLUTION CONCERNING THE VACATION OF 5 PORTIONS OF THE JACKSONVILLE TERRACE PLAT AND 6 PORTIONS OF THE PLAT OF DE SOTO PARK DIVISION 7 OF THE JACKSONVILLE TERRACE PLAT, PURSUANT TO 8 SECTION 177.101(3), FLORIDA STATUTES; 9 RETURNING A PORTION OF THE LANDS SHOWN ON SAID 10 JACKSONVILLE TERRACE PLAT AND THE PLAT OF DE 11 SOTO PARK DIVISION OF JACKSONVILLE TERRACE 12 PLAT TO ACREAGE; MAKING FINDINGS; ABANDONING 13 CERTAIN UNOPENED TIMBER ROADS WITHIN THE 14 BOUNDARIES OF THE JACKSONVILLE TERRACE PLAT 15 AND THE PLAT OF DE SOTO PARK DIVISION OF 16 JACKSONVILLE TERRACE PLAT WHICH HAVE NOT BEEN 17 OPENED AND HAVE NOT BECOME ROADS SUITABLE AND 18 NECESSARY FOR THE TRAVELING PUBLIC; AND 19 ENSURING LEGAL ACCESS TO ABUTTING PROPERTIES; 20 PROVIDING AN EFFECTIVE DATE. 21

22 WHEREAS, Section 177.101(3), Florida Statutes, authorizes the 23governing bodies of counties and municipalities to adopt 24resolutions vacating plats of subdivisions in said counties and 25municipalities, in whole or in part, returning the property covered 26by such plat, either in whole or in part, to acreage upon a showing 27that the person making application for such vacation is the owner 28of that portion of the lands covered by the plat sought to be 29vacated, and further, that the vacation will not affect the

2 1ownership or right of convenient access of persons owning other 2parts of the previously platted subdivision; and 3 WHEREAS, the plat of Jacksonville Terrace is recorded in Plat 4Book 10, Page 47, and the plat of De Soto Park Division of 5Jacksonville Terrace is recorded in Plat Book 10, Page 48 in the 6current public records of Duval County, Florida (the “Plats”), 7encompass lands west of downtown Jacksonville adjacent to the Cecil 8Commerce Center property; and 9 WHEREAS, while the rights-of-way located within the lands 10described in Exhibit 1 are presumed to be dedicated public rights- 11of-way, many, if not all, of the platted rights-of-way located 12within the lands described in Exhibit 1 are considered “timber 13roads” because said rights-of-way were never opened, improved or 14accepted by the City for maintenance. Additionally, said rights- 15of-way have not become highways suitable for the traveling public, 16are only thirty (30) feet wide, or less, and do not comply with the 17standards, specifications, details and criteria set forth in the 18City’s Land Development Procedures Manual for public rights-of-way; 19and 20 WHEREAS, William E. Boyd and Boyd Timber Inc., a Corporation 21under the laws of the State of Florida, has applied to vacate those 22portions of the Plats (the “Applicants”), that are described in 23Exhibit 1, attached and incorporated hereto; and 24 WHEREAS, the remaining lots or portions of lots owned by 25others within the Plats will not abut a City of Jacksonville 26approved public or private roadway and will become landlocked 27parcels with no right of convenient access upon approval of the 28Plats being vacated (the “Landlocked Parcels”); and 29 WHEREAS, the Applicants have agreed to provide legal access to 30the Landlocked Parcels through reservations of access easements in 31the public records of Duval County, Florida; and 1 WHEREAS, upon the granting of the access easements, the 2vacation of the platted roadways within the Applicants’ property 3would not otherwise affect the right of convenient access to 4persons owning other parts of the platted lands; and 5 WHEREAS, as required by Section 177.101(3), Florida Statutes, 6the Applicants have provided evidence of ownership of lands within 7the Plats to be vacated; and 8 WHEREAS, public notice as required by law and specifically in 9compliance with Section 177.101(4), Florida Statutes, has been 10given, and all state and county taxes on the lands to be vacated 11have been paid in full or provision made for such payment; now 12therefore 13 BE IT RESOLVED by the Council of the City of Jacksonville: 14 Section 1. Findings. The Council finds as fact and 15concludes as a matter of law as follows: 16 (a) The Applicants own fee simple title to the lands within 17the Plats to be vacated, which lands are more particularly 18described in Exhibit 1, attached hereto. 19 (b) According to the Professional Surveyor and Mapper’s 20Affidavit, a copy of which is attached hereto as Exhibit 2, upon 21the vacation of the rights-of-way located within the lands 22described in Exhibit 1, the right of convenient access for the 23following parcels would be affected: RE No. 002006-0000; RE No. 24002000-0000; RE No. 002002-0000; RE No. 001995-0000; RE No. 001998- 250000; RE No. 001997-0000 (the “Landlocked Parcels”); however the 26Applicants have agreed to reserve access easements over and upon 27their lands to provide legal access to these Landlocked Parcels. 28Upon the recordation of the access easements, the vacation of the 29platted roadways located within the lands described in Exhibit 1 30would not otherwise affect the right of convenient access of 31persons owning other portions of the Plats. 1 Section 2. Vacation Approved. Vacation of that portion 2of the Jacksonville Terrace and De Soto Park Division of 3Jacksonville Terrace Plats within the lands described in Exhibit 1 4is hereby approved. According to Section 177.101(5), Florida 5Statutes, this resolution shall have the effect of vacating all 6streets and alleys located within the lands described in Exhibit 1 7that have not become necessary for use by the traveling public. 8Such vacation shall not become effective until a certified copy of 9this resolution and the Easements (as hereinafter defined) have 10each been filed with the Office of the Clerk of the Circuit Court 11and duly recorded in the public records of Duval County, Florida. 12 Section 3. Conditions. Applicants shall reserve access 13easements over and upon their lands in favor of the owners of the 14Landlocked Parcels to ensure that the Landlocked Parcels maintain 15suitable legal access to a public right-of-way upon vacation of the 16platted roadways located within the lands described in Exhibit 1 17(the “Easements”). Each respective easement shall automatically 18terminate upon construction of a public right-of-way providing 19direct ingress and egress to the Landlocked Parcel that is the 20benefitted parcel of such easement. 21 Section 4. Effective Date. This Resolution shall become 22effective upon signature by the Mayor or upon becoming effective 23without the Mayor’s signature. 24 25Form Approved: 26 27 28 /s/ Jody L. Brooks 29Office of General Counsel 30Legislation prepared by: Jody L. Brooks 31 32D:\Docs\2017-12-17\0484576000eec87cb908af773114311e.doc