2020-O-10 - Airpark Village AN9/18/2020 3:31:31 PM Instrument #2020177409 #1 Book:7913 Page:754
ORDINANCE NO. 2020-0-10
AN ORDINANCE ANNEXING 28.022+ ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 2099 AIR PARK ROAD (PARCEL
IDENTIFICATION NUMBER 8438-03-00-0220), 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. Glenn D. Storch, is the applicant on behalf of Phyllis E. May UCE Trust, owner,
has applied for annexation of property located at 2099 Air Park Road within Volusia County,
/O' Florida. Subject property contains approximately 28.022± acres.
2. The applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and 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 2 of the City of Edgewater are hereby
designated to include the property described herein.
5. During the Planning and Zoning Board meeting on June 10, 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,
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2020-0-10
Instrument #2020177409 #2 Book:7913 Page:755
Florida:
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 shalt 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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2020-0-10 2
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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 Councilwoman Power, with Second by Councilwoman
Yaney, the vote on the first reading of this ordinance held on July 6, 2020, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Kimberley Yaney X
Councilwoman Megan O'Keefe EXCUSED
Councilman Gary T. Conroy X
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2020-0-10
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After Motion to approve by elo—�G%A- with
Second by the vote on the second reading/public hearing
of this ordinance held on September 14, 2020 was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power \,
Councilwoman Kimberley Yaney N4
Councilwoman Megan O'Keefe Nl�.
Councilman Gary T. Conroy \,
PASSED AND DULY ADOPTED this 10 day of September, 2020.
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Fo'r the _use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Aaron R. Wolfe, Esquire
City Attorney
Doran, Sims, Wolfe, Ciocchetti &
Yoon
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2020-O-10
CITY COUNCIL OF THE
Approved by the City Council of the City of
Edgewater at a meeting held on this 14th day of
September, 2020 under Agenda Item No.
842. .
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Instrument #2020177409 #5 Book:7913 Page:758
EXHIBIT "A'
LEGAL DESCRIPTION
Being that land described and recorded in Official Records Book 6261, Page 1574, Public
Records of Volusia County, Florida.
A portion of Lots 22, 23, and 24, Model Land Company's Subdivision, according to the plat
thereof as recorded in Map Book 5, Page 187, of the Public Records of Volusia County, Florida;
and a portion of the John Bolton Grant, Section 39, Township 18 South, Range 34 East all being
described as follows: Commence at the Northeast corner of Florida Shores Unit No. 15, a
subdivision according to the plat thereof recorded in Map Book 19, page 216, of the Public
Records of Volusia County, Florida, said point being marked by a 4" x 4" concrete monument
with an iron rod; thence S68048'12"W, along the Northerly line of said Florida Shores Unit No.
15, a distance of 437.80 feet for the point of Beginning; thence continue S68°48'12"W, along
said Northerly Iine of Florida Shores Unit No. 15 and its Westerly prolongation, a distance of
1509.41 feet to the existing Easterly Right of Way of Air Park Road, a 50 foot Right of Way as
now laid out; thence N23027'56"W, along said Easterly Right of Way, a distance of 802.91 feet;
thence N68°48'12"E, a distance of 1541.38 feet; thence S21010'59"E, a distance of 800.20 feet to
the Point of Beginning.
Containing 28.022 acres more or less
This legal description includes any/all adjoining right-of-way relating to the subject property.
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tom\ 2020-0-10
Instrument #2020177409 #6 Book:7913 Page:759 Laura E. Roth, Volusia County Clerk of Court
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