2021-O-17 - 146 148 and 153 S Cory Drive AN10/5/2021 2:13:51 PM Instrument #2021238975 #1 Book:8131 Page:4103
ORDINANCE NO. 2021-0-17
AN ORDINANCE ANNEXING .95t ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 146, 148 & 153 SOUTH CORY DRIVE
(PARCEL IDENTIFICATION NUMBERS 853806000034, 853846000037 &
841205001110), 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 F4R FILING WITH THE CLERK OF THE
CIRCUIT COURT, VOLUSIA CUUNTY, THE VOLUSIA COUNTY
PROPERTY APPRAISER AND THE DEPARTMENT OF STATE;
PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,
RECORDING AND ADOPTIUN.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Ernest V. and Gail LaCour, as the applicant on behalf of Ernest V. and Gail LaCour
and Charles Thomas Darby, has applied for annexation of property located at 146, 148 and 153
South Cory Drive within Volusia County, Florida. Subject property contains approximately .95t
acres.
2. The owner's agent has voluntarity 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 11, 2021, the Board
recommended that the property be annexed into the City of Edgewater.
�e�passages are deleted.
Underlined passages are added.
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Instrument #2021238975 #2 Book:8131 Page:4104
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. ANNEXATION OF CERTAIN RE.AL 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 identifed 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 PROVISIQNS.
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,
��_'��� •��passages are deleted. 2
Underlined passages are added.
2021-0-17
Instrument #2021238975 #3 Book:8131 Page:4105
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,
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 adaption.
PART F. ADOPTION.
After Motion to approve by Councilwoman O'Keefe, with Second by Councilwoman
Power, the vote on the first reading of this ordinance held on September 13, 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
£�ilEe-t�ettg�-passages are deleted. 3
Underlined oassages are added.
2021-0-17
Instrument #2021238975 #4 Book:8131 Page:4106
After Motion to apprave by ��'�6,,'�'�t�� ` '�;.''�,� with Second by
���}������ ."' ,�°°�� �"`'� the vate on tk}e second reading/public hearfng of this
ardinance held on '�`�.,_ � i�,=` � was �s fallaws;
Mayar Mik� Thomas
Councilwoman Christin� Fow�r
Councilu�aman Gigi Bennin�to�l
Co�ncilwoman Meban O'Keefe
Councilman Janah Pawers
AYE NAY
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PASSED AND DULY ADOPTED this�_day of � ` 202i.
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Sonnie Brr�w�. , :'
City Cl�rk
For the use and r�iiance on[y by tl�e Ciry of
Ed�ewat�r, Florida. Approved as tfl farm anci
le�ality by: Aaron R. Wolfe, Esquire
City Attorney
Doran, Sims, Walfe & Yoon
CITY COUNCIL OF THE
CYfiY 0�' ED�EW,ATER;'
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By� ~ .��
Mike Thoma
DA
Approv�d by the City Council of the City af
Ed�ewater at a meetir�g held on this ��ay of
�- .� �.' . 2021 under Agenda item
No. 8
passages are deleted. 4
Underlined passages are added.
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Instrument #2021238975 #5 Book:8131 Page:4107
EXHIBIT ��A'
LEGAL DESCRIPTION
Parcel 1:
The Easterly 75 feet of the Westerly 1775 feet of Lot I, INDIAN HARBOR ESTATES, iJNIT NO. 5,
according to the plat thereof as recorded in Plat Book 26, Page 18 of the Public Records of Volusia
County, Florida.
and part of Lot 1, DELLA VISTA, UNIT No. 3 described as follows:
Commence at the intersection of the Southerly line of Lot l, DELLA VISTA UNIT NO. 3, as shown
on Map in Plat Book 9, Page 298 of the Public Records of Volusia County, Florida and the Easterly
R/W line of U.S. Highway Nu. l; thence North 68°41' East, 1700 feet along the Southerly line of said
Lot 1, for the Point of Beginning; thence continue North 68°41' East, 75 feet along the Southerly line
of said Lot 1; thence North 16°19' West, 124.9 feet; thence South 68°41' West, 75 feet; thence South
16°19' East, 124.9 feet to the Point of Beginning; being part of said Lot 1, DELLA VISTA UNIT NO.
3. Said part also known as Lot 113 of Cory Estates Unrecorded Plat per OR 233, page 29 of the
Public Records of Volusia County Florida.
Together with the right to use a 50 foot easement described as follows:
Commence at the intersection of the Southerly line of Lot 1, DELLA VISTA UNIT NO. 3 ger Plat
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' %Vest, 149.9 feet along said Easterly R/W line for the Point of
Beginning; thence North 68°41' East, 425 feet; thence South 16° l9' East, 25 feet; thence North 68°41'
East, 1350 feet; thence North 16°19' West, 50.19 feet; thence South 68°41' West, 1299.81 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. I; thence South 16°19' East, SO.l9 feet alang the said Easterly R/W line to the Point of
Beginning, being a part of said Lot 1, DELLA VISTA iINIT NO. 3.
Parcel 2:
The Easterly 75 feet of the Westerly 1850 feet of Lot [, INDIAN HARBOR ESTATES UNI'T NO. 5 as
shown on map in Plat Book 26, page 18, of the Public Records of Volusia County, Florida.
and part of Lot I, DELLA VISTA UNIT NO. 3 described as follows:
Commence at the intersection of the Southerly line of Lot l, BELLA VISTA UNIT NO. 3 as shown
on map in Plat 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, 1775 feet along the Southerly line of said
Lot I for the Point of Beginning; thence continue North 68°41' East, 75 feet along the Southerly line
of said Lot 1; thence North 16° 19' West, 124.9 feet; thence South 68°41' West, 75 feet; thence South
l6°19' East, 124.9 feet to the Point of Beginning, being part of said Lot 1, BELLA VISTA iJNIT NO.
3. Together with the right to use a 50 foot easement described as follows:
Commence at the intersection of the Southerly line of Lot 1, BELLA VISTA i1NIT NO. 3 per Plat
Book 9, page 298 of the Public Records of Volusia County, Florida and the Easterly KM line of U.S.
Highway No. 1; thence North l6°19' West, 149.9 feet along the said Easterly 1FUW line for the Point of
Beginning; thence North 68°41' East, 425 feet; thence South 16°19' East, 25 feet; thence North 68°41'
East, 1425 feet; thence North 16° l9' West, 50.19 feet; thence South 68°41' West, 1374.81 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 RAV line to the Point of
Beginning, being part of said Lot 1, BELLA V[STA UNIT NO. 3.
Parcel3:
Part of Lot I, BELLA VISTA UNIT NO. 3, described as follows:
Commence at the intersection of the Southerly line of Lot 1, BELLA VISTA UNIT NO. 3 as shown
on map in Plat Book 9, page 298 of the Public Records of Volusia County, Florida, and the Easterly
c�"�e�-passages are deleted.
Underlined passages are added.
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Instrument #2021238975 #6 Book:8131 Page:4108
R/W line of U.S. Highway No I; thence North 68°41' East, a distance of 1850 feet along the Southerly
line of said Lot 1 for the Point of Beginning; thence continue North 68°41' East a distance of 75 feet
along the Southerly line of said Lot 1; thence North 16°19' West, a distance of 124.9 feet; thence
South 6$°41 ` West, a distance of 75 feet thence South 16° 19' East, a distance of 124.9 feet to the Point
of Beginning; and the Easterly 75 feet of the Westerly 1925 feet of Lot 1, INDIAN HARBOR
ESTATES L1NIT NO. 5, as shown on map in Plat Book 26, page 18 of the Public Records of Volusia
County, Florida. Together with the right to use a 50 foot easement described as follows:
Commence at the intersection of the Southerly line of Lot 1: BELLA VISTA UNIT NO. 3. per Plat
Book 5. page 298, of the Public Records of Volusia County, Florida and the Easterly RAY line of U.S.
Highway No. 1; thence North 16°19' West, 149.9 feet along the said Easterly R/W line for the Point of
Beginning; thence North 68°41' East, 425 feet; thence South 16° 19' East, 25 feet; thence North 68041'
East, 1500.00 feet; thence North 16° 19 West. 50.19 feet; thence South 68°41' %Vest, 1449.81 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 F�int
of Beginning, being part of said Lot I, BELLA VISTA iJNIT NO. 3.
This legal description includes any/all adjoining right-of-way relating to the subject property.
S�l�e�g�rpassages are deleted.
Underlined passages are added.
2021-0-17
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Instrument #2021238975 #7 Book:8131 Page:4109 Laura E. Roth, Volusia County Clerk of Court
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