2021-O-37 - 142 Arbor Lane AN9/17/2021 2:28:11 PM Instrument #2021221041 #1 Book:8119 Page:3320
ORDINANCE NO. 2021-0-37
AN ORDINANCE ANNEXING .63f ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 142 ARBOR LANE (PARCEL
IDENTIFICATION NUMBER 841209000120), 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:
Charles Lynch Jr., as the applicant on behalf of Trust No. 2021-32141-3-142, has
applied for annexation of property located at 142 Arbor Lane within Volusia County, Florida.
Subject property contains approximately .63t 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,
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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 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 Councilwoman O'Keefe, with Second by Councilwoman
Bennington 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
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After Motion to approve by l o Yl i L)Wn&& with Second
by 0W,N1ULa" � � , the vote on the second reading/public hearing of
this ordinance held on - 1 was as follows:
AYE NAY
Mayor Mike Thomas x_
Councilwoman Christine Power X
Councilwoman Gigi Bennington x
Councilwoman Megan O'Keefe )C
Councilman Jonah Powers X
PASSED AND DULY ADOPTED this Oigay of 021.
ATTEST:
a�
Bonvie Brow.
CkyZleik
V9
Y� y
For the use #Pb reliance only by the City of
EdAwafer,^ Florida. Approved as to form and
legality by: Aaron R. Wolfe, Esquire
City Attorney
Doran, Sims, Wolfe & Yoon
CITY COUNCIL OF THE
CITY OF EDGEWA'M
Approved by the City Council of the City of
Edgewater at a meeting held on this t��ay of
J2 p�Cry , 2021 under Agenda Item
No. 8h -
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EXHIBIT "Al
LEGAL DESCRIPTION
Lot 12, Arbor Lane Subdivision, according to the map or plat thereof, as recorded in Plat Book
28, Page(s) 63, of the 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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2021-0-37
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Instrument #2021221041 #6 Book:8119 Page:3325 Laura E. Roth, Volusia County Clerk of Court