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Ordinance 2026-01

Original Document

AN ORDINANCE OF THE TOWN OF ESTO, FLORIDA, FORMALLY ABANDONING AND VACATING THE TOWN’S INTEREST IN CERTAIN UNOPENED STREETS AND ALLEYS LOCATED WITHIN PARCELS 0328.02-002-18N-001.000, 0328.02-002-06N-009.000, AND 0328.02-002-18N-008.000; CONFIRMING THAT THE TOWN HAS NO FURTHER PUBLIC INTEREST IN SAID RIGHTS-OF-WAY; PROVIDING FOR RECORDING; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town of Esto, Florida is the governing authority with jurisdiction over certain dedicated but unopened streets and alleys within the municipal limits; and

WHEREAS, in 2020 the Town Council executed a quitclaim deed to the then-owner of Parcel 0328.02-002-18N-001.000, Danny and Jacqueline Powell, attempting to abandon the Town’s interest in the unopened public rights-of-way located within the parcel; and

WHEREAS, although the 2020 document was accepted by the Holmes County Property Appraiser, questions have since arisen regarding the procedural sufficiency of that abandonment; and

WHEREAS, Parcel 0328.02-002-18N-001.000 has since been conveyed to its current owner, Matthew Chet Sherrer, and parcel 0328.02-002-18N-008.000 has since been conveyed to its current owner, Michelle Campbell and Charles Johnson; and

WHEREAS, the affected rights-of-way also lie partially within Parcel 0328.02-002-06N-009.000, currently owned by Natasha Eve & Cody Summers, and thus any abandonment must apply to all parcels to fully and properly extinguish the Town’s interest; and

WHEREAS, the Town Council wishes to re-establish the abandonment through a properly noticed ordinance so that no future uncertainty or dispute may arise; and

WHEREAS, the unopened streets and alleys at issue have never been opened, constructed, maintained, or used by the public and serve no municipal purpose; and

WHEREAS, the Town Council finds that abandoning and vacating the Town’s interest in these rights-of-way is in the best interest of the Town and poses no detriment to public access or circulation; and

WHEREAS, proper notice of this Ordinance and public hearing has been provided as required by Florida law;

WHEREAS, a corrected boundary survey titled “Map of Boundary Survey – Drawn to support a petition to abandon unused platted streets and alleys in the Town of Esto, Holmes County, Florida,” prepared by Roger Lonsway, P.S.M., dated September 16, 2020 and corrected March 16, 2026, has been provided to accurately depict the rights-of-way to be abandoned; and

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF ESTO, FLORIDA:

SECTION 1. ABANDONMENT AND VACATION OF RIGHTS-OF-WAY.

The Town of Esto hereby abandons, vacates, releases, and disclaims any right, title, or public interest it may have in certain unopened streets and alleys located within Parcel 0328.02-002-18N-001.000, Parcel 0328.02-002-18N-008.000, and Parcel 0328.02-002-06N-009.000, as more particularly depicted on “Exhibit A,” attached hereto and incorporated herein by reference.

Exhibit A is a boundary survey titled “Map of Boundary Survey – Drawn to support a petition to abandon unused platted streets and alleys in the Town of Esto, Holmes County, Florida,” prepared by Roger Lonsway, P.S.M., dated September 16, 2020 and corrected March 16, 2026.

SECTION 2. EFFECT OF ABANDONMENT.

Upon adoption of this ordinance:

  1. The Town of Esto relinquishes all municipal ownership, rights, easements, interests, or claims in the above-described rights-of-way.
  2. The vacated areas shall revert to the ownership of the adjoining property owners pursuant to Florida law.
  3. The Town assumes no responsibility for maintenance, upkeep, improvement, or liability for the vacated areas.

SECTION 3. RECORDING.

The Town Clerk is authorized and directed to record a certified copy of this Ordinance in the Official Records of Holmes County, Florida, and to provide copies to the Property Appraiser and Tax Collector.

SECTION 4: SEVERABILITY

If any section, subsection, sentence, clause, or provision of this Ordinance is declared invalid by a court of competent jurisdiction, the remainder shall not be affected.

SECTION 5: EFFECTIVE DATE

This ordinance shall take effect immediately upon adoption.

EXHIBIT A

(Attached Hereto)
Map of Boundary Survey – Drawn to support a petition to abandon unused platted streets and alleys in the Town of Esto, Holmes County, Florida

Prepared by: Roger Lonsway, P.S.M.
Original Date: September 16, 2020
Corrected: March 16, 2026

PASSED on first reading on March 18, 2026.

ADVERTISED in the Holmes County Advertiser on April 15, 2026.

PASSED AND ADOPTED on the second reading on April 21, 2026.