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2021-O-20 - 144 Flamingo Road AN10/5/2021 2:13:51 PM Instrument #2021238973 #1 Book:8131 Page:4090 ORDINANCE NO. 2421-0-20 AN ORDINANCE ANNEXING .25� ACRES OF CERTAIN REAL PROPERTY LOCATED AT 144 FLAMINGO R�AD (PARCEL IDENTIFICATION NUMBER 841305002550), VOLUSIA COUNTY, INT� 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 LINIITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLIISIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PROVIDING FOR C�NFLICTING 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. Ernest V. and Gail LaCour, owner, has applied for annexation of property located at 144 Flamingo Road within Volusia County, Florida. Subject property contains approximately .25f 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 August 11, 2021, the Board recommended that the property be annexed into the City of Edgewater. NOW, THEREFQRE, BE IT ENACTED by the People of the City of Edgewater, £��e�tg#-passages are deleted. 1 Undeclined passages are added. 2021-0-20 Instrument #2021238973 #2 Book:8131 Page:4091 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 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, benefts 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 PRUVISIONS. 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 S�ke-t�teegi�passages are deleted. 2 Underlined passages are added. 2021-0-20 Instrument #2021238973 #3 Book:8131 Page:4092 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 Councilman Powers, 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 S�e��eag�i-passages are deleted. ; Underlined passages are added. 2021-0-20 Instrument #2021238973 #4 Book:8131 Page:4093 After Nlotion to apprave by ��, ��� <1 �'���� �� '�__ wit�► Second by F j` ' ' +�° ��'b,ar, ����;;� the voEe nn the second r�ading/pu�li� �learing of khis � ordinance he[d on ��,� �i��t �vas as f�l[ows: Mayor Mi[�e Thomas Councilwaman Christine Power Councilr�uaman Gigi Bennington Councilwoman Megan O'Keefe Councilman Jonah Powers AY� NAY PASSED AND DULY ADOP'Y"ED this f`��day of ��,i�� �, 202I. �. .. ,; . , . �, � �TTEU°�',�+� . CITY COUNCIL OF THE : � � ' CYT'Y OL� EDGE�ATER r " � �� �,. . _ g ��� � e�",� , — !, � ,. j ,�y � �� '��1� � B�� � "�--,X` ��� ; �. r Bonnie Brown Mike�Thoim� City Clerk Mayt�r`���`� RIDA For the use and reliance only by the City of Appraved by the City Council of the City of Edgewater, Flarida. ApproVed as to form and Edgewater at a meeting held an this +�`�iay of legality by: Aaron R. Wolfe, Esquire ���� ,`?0� 1 under Age��da Item City Attorney Na. 8 ' Doran, Sims, Wolfe & Yaon ��passag�s are deleted. 4 Underlined passages are added. 202I-0-20 Instrument #2021238973 #5 Book:8131 Page:4094 EXHIBIT "A' LEGAL DESCRIPTION Lot 255 and the West 30 feet of Lot 256, Waterway Park Sec. No. 3, according to the map or plat thereof as recorded in Plat Book 19, Page 279, Public Records of Volusia County, Florida. This legal description includes any/all adjoining right-of-way relating to the subject property. �lce�e�rpassages are deleted. Underlined passages are added. Zozi-o-Zo LT. �X„,r � �a'�' n �a� 0 � v 'o- r, � a Instrument #2021238973 #6 Book:8131 Page:4095 Laura E. Roth, Volusia County Clerk of Court 5. G. n u � a .:.,. o 4� � .. ^; � � , � � � ,.���`�;� � p `r� 6