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2020-O-23 - 123 S Cory Drive ANW 11/16/2020 9:07:22 AM instrument #2020219985 #1 Book:7941 Page:3107 ORDINANCE NO. 2020-0-23 AN ORDINANCE ANNEXING .21f ACRES OF CERTAIN REAL PROPERTY LOCATED AT 123 SOUTH CORY DRIVE (PARCEL IDENTIFICATION NUMBER 8412-05-00-0730), 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. Chad Routte, owner, has applied for annexation of property located at 123 South Cory Drive within Volusia County, Florida. Subject property contains approximately .21± 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: Struck through passages are deleted Underlined passages are added 2020-0-23 Instrument #2020219985 #2 Book:7941 Page:3108 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. W 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, Struck through passages are deleted Underlined passages are added 2020-0-23 2 0 Instrument #2020219985 #3 Book:7941 Page:3109 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: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Kimberley Yaney Councilwoman Megan O'Keefe Councilman Gary T. Conroy Struck through passages are deleted Underlined passages are added 2020-0-23 3 X— X X X X (0*4� W Instrument #2020219985 #4 Book:7941 Page:3110 After Motion to approve by Lc'�ar�n,1«_�^z�-_,T>t ;�-. with Second byZ; . %� sY •r ; �. c,. the vote on the second reading/public hearing of this ordinance held on November 4, 2020, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Kimberley Yaney '\11 Councilwoman Megan O'Keefe Councilman Gary T. Conroy PASSED AND DULY ADOPTED this 0 day of November, 2020. ATT Y.- r-01 41 -�0;-ttyy Wler i¢li�► ik egal For & 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 Shuck through passages are deleted Underlined passages are added 2020-0-23 CITY COUNCIL OF THE CITY OF iDGEW/ATERd Approved by the City Council of the City of Edgewater at a meeting held on this 0 day of November, 2020 under Agenda Item No. 8�. /0" Instrument #2020219985 #5 Book:7941 Page:3111 EXHIBIT "A' LEGAL DESCRIPTION Lot 73, 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 RtW line of U. S. Highway No. 1; thence North 68° 41' East 1075.19 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 68°41' West 75 feet, thence South 16019' East 124.9 feet; thence North 68°41' East 75 feet to the Point of Beginning. Together with the right to us 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 R1W line of U. S. Highway No. 1; thence North 16°19' West 149.9 feet for the Point of Beginning; thence North 68°41' East 425 feet; thence South 16019' East 25 feet; thence North 68° 41' East 650.19 feet; thence North 160'19 West 50.19 feet; thence South 680 41' West 600 feet; thence North 16°19' West 25 feet; thence South 68041' West 475.19 feet to the Easterly R1W line of U. S. Highway No. 1; thence South 16019' East 50.19 feet along the said Easterly RNV line to the Point of Beginning. All lying and being in Lot 1 of the said Bella Vista Unit No. 3. This legal description includes anylall adjoining right-of-way relating to the subject property. Containing .21 acres more or less Struck through passages are deleted Underlined passages are added 2020-0-23 w &a Instrument #2020219985 #6 Book:7941 Page:3112 Laura E. Roth, Volusia County Clerk of Court c*j CLv. c*j