2021-O-04 - 166 and 168 E Cory Drive AN6/15/2021 2:02:20 PM Instrument #2021140202 #1 Book:8066 Page:874
ORDINANCE NO. 2021-0-04
AN ORDINANCE ANNEXING 1.42E ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 166 & 168 EAST CORY DRIVE (PARCEL
IDENTIFICATION NUMBERS 841205001000 & 841205000990), VOLUSIA
COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO
THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES
OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE
CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR
FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA
COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE
DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING
FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Joshua C. Wells, as the applicant on behalf of Giuseppe and Wendy Caspara, has
applied for annexation of property located at 166 and 168 East Cory Drive within Volusia
County, Florida. Subject property contains approximately 1.42± acres.
2. The owner's agent has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is located within the Interlocal Service Boundary Agreement
mutually adopted by Volusia County and the City. The conditions for annexation and the
economics thereof are satisfactory.
4. The boundaries of Voting District 4 of the City of Edgewater are hereby
designated to include the property described herein.
5. During the Planning and Zoning Board meeting on April 14, 2021, the Board
recommended that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
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Florida:
PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEWATER, FLORIDA.
Pursuant to Section 171.044, Florida Statutes, that certain real property described
in Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater,
Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the
municipality.
2. The boundaries of the City of Edgewater are hereby redefined to include the
property described herein and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that
certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
4. Within seven (7) days after adoption, copies of this ordinance shall be filed with
the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the
Volusia County Manager, the Mapping Division of the Volusia County Growth Management
Department, and the Department of State.
PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
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this ordinance or any provisions thereof shall be held to be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance
PART D. RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Volusia County, Florida.
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F. ADOPTION.
After Motion to approve by Councilman Conroy, with Second by Councilwoman Power,
the vote on the first reading of this ordinance held on May 3, 2021 was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilwoman Megan O'Keefe X
Councilman Jonah Powers X
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After Motion to approve by(L)C ir_° ^hr m;^t l i ? with Second by
the vote on the second reading/public hearing of this
ordinance held on r t i it , It was as follows:
AVE NAY
Mayor Mike Thomas ,
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilwoman Megan O'Keefe
Councilman Jonah PowersC
F '� f SED AND DULY ADOPTED this
® day of , 2021.
6 T CITY COUNCIL,OF THF
`.
CITY-0EDGEiVA ER,
y: -
Bonnie Brown Mike homes
City Clerk Maylr�
A
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a Meeting held on this -tay of
legality by: Aaron R. Wolfe, Esquire ` , 2021 under Agenda Item
City Attorney o. 8 O.
Doran, Sims, Wolfe & Yoon
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EXHIBIT "A'
LEGAL DESCRIPTION
PARCEL 1: Parcel 1001 Cory Estates, per Official Records Book 233, Page 29, Public Records of
Volusia County, Florida, and Lot 1, excepting therefrom the Westerly 2650 feet of said Lot 1, Indian
Harbor Estates Unit No. 5, according to map recorded in Map Book 261 Page 18, of the Public Records
of Volusia County, Florida, all being more particularly described as follows:
As a point of reference commence at the South line of Lot 1, Bella Vista Unit No. 3, according to map in
Map Book 9, Page 298, of the Public Records of Volusia County, Florida and the Easterly R/W line of
U.S. Highway No. 1; thence North 68 degrees 41 minutes 00 seconds East along the said South line of
said Lot 1, Bella Vista Unit No. 3, said line also being described as the North line of Lot 1, Indian Harbor
Estates Unit No. 5, a distance of 2650.00 feet for the POINT OF BEGINNING;
thence North 16 degrees 19 minutes 00 seconds West, a distance of 4.90 feet; thence North 68 degrees 41
minutes 00 seconds East, a distance of 50.19 feet to the Easterly line of East Cory Drive, a 50 foot R/W as
now laid out; thence North 16 degrees 19 minutes 00 seconds West, along said Easterly line, a distance of
90.00 feet to the Northwesterly corner of said Parcel 100; thence North 68 degrees 41 minutes 00 seconds
East, along the Northerly line of Parcel 1001 a distance of 161.60 feet to the Northeast corner of said
Parcel 100; thence South 24 degrees 40 minutes 07 seconds East, along the Easterly line of Parcel 100,
said line also being the Easterly line of Bella Vista Unit No. 31 a distance of 94.71 feet to the Southeast
corner of said Parcel 100; thence North 68 degrees 41 minutes 00 seconds East along the Northerly line of
said Lot 1, Indian Harbor Estates Unit No. 5, a distance of 321.00 feet to the platted Easterly line of said
Lot 1; thence South 29 degrees 59 minutes 35 seconds East along the Easterly line of said Lot 1, a
distance of 50.39 feet to the Southeast corner of said Lot 1; thence South 68 degrees 41 minutes 00
seconds West along the Southerly line of said Lot 1 I a distance of 558.56 feet to a point that is 2650 feet
Easterly of the Westerly line of Lot l; thence North 16 degrees 19 minutes 00 seconds West, a distance of
50.00 feet to the POINT OF BEGINNING.
PARCEL N: A parcel of land being a portion of U.S. Lot 2, Section 12, Township 18 South, Range 34
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East, lying Easterly of Parcel 100 as shown on Plat of Survey of Cory Estates which is recorded in
Official Records Book 233, Page 29, of the Public Records of Volusia County, Florida and being more
particularly described as follows:
Commence at the intersection of the South line of Lot 1, BELLA VISTA UNIT NO. 3, according to the
map in Map Book 9, Page 298 of the Public Records of Volusia County, Florida and the Easterly right of
way of U.S. Highway No. 1; thence North 68 degrees 41 minutes 00 seconds East along the South line of
Lot 1, BELLA VISTA UNIT NO. 3 a distance of 2650.00 feet; thence North 16 degrees 19 minutes 00
seconds West a distance of 4.90 feet; thence North 68 degrees 41 minutes 00 seconds East a distance of
50.19 feet to the Easterly line of East Cory Drive, a 50 foot Right of Way as now laid out; thence North
16 degrees 19 minutes 00 seconds West along said Easterly line a distance of 90.00 feet to the Northwest
corner of said Parcel 100; thence North 68 degrees 41 minutes 00 seconds West a distance of 270.60 feet
more or less to the waterward boundary line as of July 1, 1975 and for the Point of Beginning; thence
South 44 degrees 59 minutes 16 seconds East a distance of 0.44 feet; thence North 60 degrees 36 minutes
37 seconds East a distance of 1.97 feet; thence South 52 degrees 20 minutes 12 seconds East a distance of
9.21 feet; thence South 22 degrees 01 minutes 15 seconds East a distance of 13.09 feet; thence South 03
degrees 27 minutes 38 seconds East a distance of 6.98 feet; thence North 87 degrees 00 minutes 31
seconds West a distance of 3.31 feet; thence South 88 degrees 16 minutes 35 seconds West a distance of
4.67 feet; thence South 86 degrees 32 minutes 23 seconds West a distance of 11.20 feet; thence South 76
degrees 27 minutes 06 seconds West a distance of 14.61 feet; thence South 64 degrees 46 minutes 55
seconds West a distance of 15.28 feet; thence South 61 degrees 03 minutes 21 seconds West a distance of
11.41 feet; thence South 67 degrees 42 minutes 10 seconds West a distance of 20.90 feet; thence South 80
degrees 41 minutes 43 seconds West a distance of 5.56 feet; thence South 81 degrees 38 minutes 25
seconds West a distance of 8.39 feet; thence South 61 degrees 58 minutes 36 seconds West a distance of
18.32 feet; thence South 03 degrees 42 minutes 53 seconds West a distance of 3.89 feet to the Easterly
line of said Parcel 100; thence North 24 degrees 40 minutes 07 seconds West along said Easterly line a
distance of 22.72 feet to the Northeast corner of said Parcel 100; thence North 68 degrees 41 minutes 00
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seconds East a distance of 109.00 feet more or less to the Point of Beginning.
PARCEL S: A parcel of land being a portion of U.S. Lot 21 Section 12, Township 18 South, Range 34
East, lying Easterly of Parcel 100 as shown on Plat of Survey of Cory Estates which is recorded in
Official Records Book 2331 Page 29, of the Public Records of Volusia County, Florida and being more
particularly described as follows:
Commence at the intersection of the South line of Lot 11 BELLA VISTA UNIT NO. 3, according to map
in Map Book 9, Page 298 of the Public Records of Volusia County, Florida and the Easterly Right of Way
of U.S. Highway No. 1; thence North 68 degrees 41 minutes 00 seconds East along the South line of Lot
11 BELLA VISTA UNIT NO. 31 a distance of 2650.00 feet; thence North 16 degrees 19 minutes 00
seconds West a distance of 4.90 feet; thence North 68 degrees 41 minutes 00 seconds East a distance of
50.19 feet to the Easterly line of East Cory Drive, a 50 foot Right of Way as now laid out; thence North
16 degrees 19 minutes 00 seconds West along said Easterly line a distance of 90.00 feet to the Northwest
corner of said Parcel 100; thence North 68 degrees 41 minutes 00 seconds East along the Northerly line of
said Parcel 100 a distance of 161.60 feet to the Northeast corner of Parcel 100; thence South 24 degrees
40 minutes 07 seconds East along the Easterly line of said Parcel 100 a distance of 94.71 feet to the
Southeast corner of said Parcel 100 and for the Point of Beginning; thence North 24 degrees 40 minutes
07 seconds West along the Easterly line of said Parcel 100 a distance of 21.27 feet; to a point on the
waterward boundary line as of July 1, 1975; thence North 79 degrees 51 minutes 27 seconds East a
distance of 13.76 feet; thence North 09 degrees 40 minutes 04 seconds West a distance of 4.25 feet;
thence North 54 degrees 22 minutes 59 seconds East a distance of 4.17 feet; thence North 71 degrees 56
minutes 47 seconds East a distance of 43.51 feet; thence North 66 degrees 40 minutes 39 seconds East a
distance of 24.28 feet; thence North 80 degrees 34 minutes 09 seconds East a distance of 3.19 feet; thence
North 83 degrees 58 minutes 14 seconds East a distance of 5.45 feet; thence South 65 degrees 50 minutes
53 seconds East a distance of 5.34 feet; thence South 16 degrees 58 minutes 56 seconds East a distance of
16.28 feet to the North line of said Lot 1, INDIAN HARBOR ESTATES UNIT NO. 5; thence South 68
degrees 41 minutes 00 seconds West along said Northerly line a distance of 95.75 feet to the Point of
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Beginning.
And:
Parcel 99 per plat of survey of Cory Estates, which is recorded in Official Records Book 233, page 29 of
the Public Records of Volusia County, Florida;
Commence at the intersection of the Northerly line of Lot 3, Bella Vista Unit No. 2 per Plat Book 11,
Page 164 of the Public Records of Volusia County, Florida, and the Easterly R/W line of U.S. Highway
No. 1; thence N 68°41'00" E, a distance of 2700.19 feet along the Northerly line of said Lot 3; thence S
16°19'00" E, a distance of 415.10 feet for the POINT OF BEGINNING; thence continue S 16°19'00" E, a
distance of 90.00 feet; thence N 68°41',00" E, a distance of 161.6 feet; thence N 24°41'00" W, a distance
of 37.41 feet; thence N 33°09'00" W, a distance of 53.45 feet; thence S 68°41'00" W, a distance of 140.5
feet to the Point of Beginning. Being part of Lot 1, Bella Vista Unit No. 3 per Plat Book 9, Page 298 of
the Public Records of Volusia County, Florida.
Together with the right to use a 50 foot easement known as South Cory Drive and East Cory Drive
described as follows; Commence at the intersection of the southerly line of Lot 1, Bella Vista Unit No. 3
per Plat Book 9, Page 298 of the Public Records of Volusia County, Florida, and the Easterly R/W line of
U.S. Highway No. 1; thence N 16°19'00" W, a distance of 149.9 feet for the POINT OF BEGINNING;
thence N 68°41'00" E, a distance of 425.00 feet; thence S 16'19'00" E, a distance of 25.00 feet; thence N
68°41'00" E, a distance of 2225.00 feet; thence S 16'19'00" E, a distance of 119.99 feet; thence N
68°41'00" E, a distance of 50.19 feet; thence N 16°19'00" W, a distance of 180.00 feet; thence S
68°41'00" W, a distance of 50.19 feet; thence S 16119'00" E, a distance of 9.82 feet; thence S 68°41'00"
W, a distance of 2175.00 feet; thence N 16°19'00" W, a distance of 25.00 feet; thence S 68°41'00" W, a
distance of 475.19 feet to the Easterly Right of Way line of U.S. Highway No. 1; thence S 16° 19'00" E, a
distance of 50.19 feet along the said Easterly R/W line to the Point of Beginning. Being part of Lot 1,
Bella Vista Unit No. 3 per Plat Book 9, Page 298, Public Records of Volusia County, Florida.
This legal description includes any/all adjoining right-of-way relating to the subject property.
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Instrument #2021140202 A B okaoee Rage: 2 Laura E Roth, VoIm% County De« of Court