2020-O-20 - 121 S Cory Drive - AN11 /16/2020 9:30:14 AM Instrument #2020220051 #1 Book:7941 Page:3225
ORDINANCE NO. 2020-0-20
AN ORDINANCE ANNEXING .211 ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 121 SOUTH CORY DRIVE (PARCEL
IDENTIFICATION NUMBER 8412-05-00-0720), 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. Troy W. Noe, owner, has applied for annexation of property located at 121 South
Cory Drive within Volusia County, Florida. Subject property contains approximately .21t acres.
2. The owner 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 August 12, 2020, 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,
Florida:
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2020-0-20
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PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEWATER, FLORIDA.
1. 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
this ordinance or any provisions thereof shall be held to be inapplicable to any person, property,
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Instrument #2020220051 #3 Book:7941 Page:3227
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 Councilwoman Yaney, with Second by Councilman Conroy,
the vote on the first reading of this ordinance held on October 5, 2020 was as follows:
F314 �IIIZF4V4
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Kimberley Yaney X
Councilwoman Megan O'Keefe X
Councilman Gary T. Conroy X
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2020-0-20 3
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Instrument #2020220051 #4 Book:7941 Page:3228
After Motion to approve by: t �Gz with
Second by �-O, the vote on the second reading/public hearing
of this ordinance held on November 4, 2020, was as follows:
AYE NAY
Mayor Mike Thomas \a
Councilwoman Christine Power \v
Councilwoman Kimberley Yaney
Councilwoman Megan O'Keefe
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this 4th day of November, 2020.
ATTEST:
FL .
X�?&W IVIALUey
C#9Cler x le al; a
For the u4ejg}d, religh only by the City of
Edgewater, T1 i6 da. Approved as to form and
legality by: Aaron R. Wolfe, Esquire
City Attorney
Doran, Sims, Wolfe, Ciocchetti &
Yoon
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2020-0-20 4
CITY COUNCIL OF THE
Approved by the City Council of the City of
Edgewater at a meeting held on this 4t` day of
November, 2020 under Agenda Item No.
8 Cid
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EXHIBIT "A'
LEGAL DESCRIPTION
Lot 72, Cory Estates
Commence at the intersection of the Southerly line of Lot 1, Bella Vista Unit No.3, per 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° 41' East 1000.19 feet along the Southerly line of said Lot
1; thence North 16°19' West 175.09 feet for the point of beginning; thence continue North 16°
19' West 124.9 feet; thence South 680 41' West 75 feet; thence South 16°19' East 124.9 feet;
thence North 68°41' East 75 feet to the point of beginning.
Together with a right to use a 50 foot easement (known as South Cory Drive) described as
follows: Commence at the intersection of the Southerly line of Lot 1, Bella Vista Unit No.3 per
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 16° 19' West 1499 feet for the Point of Beginning,
thence North 68° 41' East 425 feet; thence South 16°19' East 25 feet, thence North 68°41' East
575.19 feet; thence North 16'19' West 50.19 feet; thence South 68°41' West 525 feet; thence
North 16°19' West 25 feet; thence South 68°41' West 475.19 feet to the Easterly R/W line of
U.S. Highway No. 1; thence South 16°19' East 50.19 feet along the said Easterly R/W line to the
point of beginning. All lying and being in Lot 1 of said Bella Vista Unit No. 3.
100b� Together with all rights, title and interest acquired by virtue of that certain easement deed
between Melba L. Bernard and Jerome L. Bernard, her husband, to all real property owners, their
heirs, successors and assigns owning real estate in Cory Estates per Official Records Book 233,
Page 29, Public Records of Volusia County, Florida, dated May 23, 1980, and recorded May 27,
1980, in Official Records Book 2171, Page 644, of the Public Records of Volusia County,
Florida.
W
This legal description includes any/all adjoining right-of-way relating to the subject property.
Containing .21 acres more or less
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