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2021-O-11 - Meadows - N Cory Drive AN9/17/2021 2:28:11 PM Instrument #2021221043 #1 Book:8119 Page:3333 ORDINANCE NO. 2021-0-11 AN ORDINANCE ANNEXING .65f ACRES OF CERTAIN REAL PROPERTY LOCATED ON NORTH CORY DRIVE (PARCEL IDENTIFICATION NUMBERS 841205000490 & 841205000500), 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. Elliot Meadows, as the applicant on behalf of Port Orange Homes LLC, has applied for annexation of property located on North Cory Drive within Volusia County, Florida. Subject property contains approximately .65f 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 July 21, 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, StFike thFeu&passages are deleted. Underlined passages are added. 2021-0-11 Instrument #2021221043 #2 Book:8119 Page:3334 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 maps 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 maps 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 Stfilee thr-eugh-passages are deleted. 2 Underlined passages are added. 2021-0-11 Instrument #2021221043 #3 Book:8119 Page:3335 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 Bennington, with Second by Councilwoman Power, the vote on the first reading of this ordinance held on August 2, 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 Svike thr-eugH-passages are deleted. 3 Underlined passages are added. 2021-0-11 Instrument #2021221043 #4 Book:8119 Page:3336 After Motion to approve by n0LLj)&Myl .tW11 with Second by COO&U"ACUX the vote on the second reading/public hearing of this ordinance held on was as follows: AYE NAY Mayor Mike Thomas x— Councilwoman Christine Power k_ Councilwoman Gigi Bennington x Councilwoman Megan O'Keefe x Councilman Jonah Powers PASSED AND DULY ADOPTED this L� day of 2021. ATTEST: onnre Down ! Xi Clerk, e. ? For the„us°e and reliance only by the City of +7r1 Waer, Florida. Approved as to form and .: 1dgality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Yoon Sh4lee-thmug�,passages are deleted. Underlined passages are added. 2021-0-11 CITY COUNCIL OF THE Approved by the City Council of the City of F,dgewater at a meeting held on this 1 Tway of an, 1L&.A 2021 under Agenda Item No. 8-cl. 4 Instrument #2021221043 #5 Book:8119 Page:3337 EXHIBIT "A' LEGAL DESCRIPTION Parcel A - 841205000490 A portion of Lot 3, BELLA VISTA SUBDIVISION - UNIT NO. 2, according to the Plat thereof as recorded in Map Book 11, Page 165, of the Public Records of Volusia County, Florida, more particularly, described as follows: Commence at the intersection of the Northerly line of Lot 3, BELLA VISTA SUBDIVISION - UNIT NO. 2 per Map Book 11, Page 164 and the Easterly R/W line of U.S. Highway No. 1; thence N. 68° 41' E., a distance of 1787.69 feet along the Northerly line of said Lot 3; thence S. 16° 19' E., a distance of 175.09 feet for the Point of Beginning; thence continue S. 161 19° E., a distance of 124.9 feet; thence S. 68° 41° W., a distance of 112.5 feet; thence N. 16° 19' W., a distance of 124.9 feet; thence N. 68° 41' E., a distance of 112.5 feet to the Point of Beginning. Parcel B — 841205000500 A portion of Lot 3, BELLA VISTA SUBDIVISION - UNIT NO. 2, according to the Plat thereof as recorded in Map Book 11, Page 165, of the Public Records of Volusia County, Florida, more particularly, described as follows: COMMENCE at the intersection of the Northerly line of Lot 3, BELLA VISTA SUBDIVISION - UNIT NO. 2 per Map Book 11, Page 164 and the Easterly RNV line of U. S. Highway No. 1; thence N. 68° 41' E., a distance of 1675.19 feet along the Northerly line of said Lot 3; thence S. 16° 19' E., a distance of 175.09 feet for the Point of Beginning; thence continue S. 16° 19' E., a distance of 124.9 feet; thence S. 68° 41' W., a distance of 112.5 feet; thence N. 16° 19' W., a distance of 124.9 feet; thence N. 68° 41' E., a distance of 112.5 feet to the Point of Beginning. This legal description includes any/all adjoining right-of-way relating to the subject property. Shike Hr-euglrpassages are deleted. Underlined passages are added. 2021-0-11 Instrument #2021221043 #6 Book:8119 Page:3338 TL-] Instrument #2021221043 #7 Book:8119 Page:3339 Laura E. Roth, Volusia County Clerk of Court r -