Loading...
79-O-34r 2 1 3 2 1226 _.. BOOK PAGE 108261 ORDINANCE NO. 79-0-3q AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY OWNED BY JOHN W. ROWLEY TO THE CITY OF EDGE - WATER, FLORIDA, PURSUANT TO SECTION 171.044OF THE DEFINING THE pe BOUNDARIES ROFATHEACITY SOFREDGEWATER, FLORIDA; kC ?0 8 37 AM '19 PROVIDING THAT SAID ANNEXED PROPERTY SHALL BE ru,uown ZONED AS R-1; PROVIDING THAT A CERTIFIED COPY OF THE ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT IN VOLUSIA COUNTY, FLORIDA, o•n.>m,ww,i,♦ AND WITH THE DEPARTMENT OF STATE, STATE OF FLORIDA, UPON ADOPTION; PROVIDING FOR PUBLICA- TION OF THIS ORDINANCE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater, Florida, by petition dated July 26, 1979, has been requested by John W. Rowley, the owner of real property located in an unincorporated area of Volusia County, Florida, which property is contiguous to the City of Edgewater, Florida, and is reasonably compact, to have said property annexed, into the City pursuant to Florida Statute, Section 171.044, and _ WHEREAS, the City Council has determined that it would be in the best interest of the City of Edgewater, Florida, to annex said tract of land, that the said tract of land is contiguous to the territorial limits of the City of Edgewater, Florida, and reasonably compact, NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. The real property described in Exhibit A, attached hereto and made a part hereof, owned by the petitioner, is hereby annexed into the City of Edgewater, Florida, pursuant to Florida Statute, Section 171.044. SECTION 2. The boundary line of the City of Edgewater, Florida, is hereby redefined and upon the effective date of this Ordinance shall stand amended as described in Exhibit B, attached hereto by reference and made a part hereof. SECTION 3. That upon the effective date of adoption of this Ordinance a certified copy of this Ordinance shall be filed with the Clerk of the Circuit Court in and for Volusia County, Florida, and with the Department of State, State of Florida. 2132 1227 160K PAGE SECTION 4. That the City Clerk is hereby directed to advertise this Ordinance as required by law. SECTION 5. That all Ordinances or parts of Ordinances and all Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed. SECTION 6. That this Ordinance shall become effective immed- iately upon its final passage as provided by law. The first reading of the above Ordinance was read in full and passed by vote of the City Council of the City of Edgewater, Florida, at a Regular meeting of said Council held on the day of (yCif"- 1979, and approved as provided by law. The second reading of said Ordinance to be at a 2:1c-L.v-eyi meeting of the City Council to be held on the day of 1979. Roll Call vote as follows: ATTEST: May Councilman FIRST READING: Cot ci`lman o�l CooAn nci man Councilman - 2 - 2 13 2 1228 SECOND READING: Approved this day of This Ordinance prepared by: JUDSON I. WOODS, JR. City Attorney W a ,n Qom- e Councilman - 3 - 2132 1229 SOOK PAGE LEGAL DESCRIPTION Ten (10) acres described as the West 1/4 of the Northwest 1/4 of the Southeast 1/4 of Section 2, Township 18 South, Range 34 East EXHIBIT A 2132 1230 840K PAGE -- - Commence on the center line of Gabardy or South Canal 1,1 in section fifty, township eovateeu south, range thirty-four any east where the canal enters the Hillsboro or Indian River north for the point of beginning; thence westerly along the line of the maid canal to the south line of the Seymour center Pickutt grant in muclion forty-nine, township seventeen south, range thirty-four east; thence south seventy-four degrees wont along said grant line to ita intersection with the section line between suctions twenty-nine and thirty, township seventeen south, range thirty-four cost; thence south on maid section line forty-six and fifty ono -hundredths - chains to the northerly Liao of the Germano Alvarez grant,. auction fifty-two, township seventeen south, range thirty- four east; thence mouth aeventy-four degrees wont nine and `--• fifty one -hundredths chains along the northurly line of maid - Alvarez grant to the northwesterly corner thereof; thence south fourteen degrees east fifty chains along the westerly line of said Alvarez grant to the southwesterly corner thereof; thence north seventy-four degrees most along the southerly line of said Alvarez grant to a point, said point being on the south line of said Alvarez grant and a distance of two thousand four hundred forty-six and fifty-eight one•hundrecithn feet southwesterly of the northeast corner of U.S. lot three, ooction thirty-two, township seventeen south, rmass thirty-four east; thence mouth mix degrees, nineteen minutes, forty-twu seconds mast, a distance of eight hundred forty-eight and thirty-two one -hundredths fast to the northeast corner of the Bett's grant, section fifty-four, township seventeen mouth, range thirty-four east; thence - south twenty degrees, eighteen minutes, thirty-faur seconds east along the east line of the said Bett's grant, a distance of three hundred thirty and five one-handredthx foot to the intersection of the southerly line of U.S. lot four, auction thirty-two, township seventeen south, range thirty-four thence masterly along said south line of U.S. lot four �--' and the southerly line of U.S. lot three, a distance of ono " thousand one hundred twenty-two and twenty-one one - hundredths feat; thence northerly and parallel to the east " line of said U.S. lot three, a distance of one thousand five hundred thirty -maven and four one-hundredtho toot to the southerly line of the maid Alvarez grant; thence north muventy-fuur degrees east along the southerly line of maid Alvarog grant to the northeast corner of U.S. lot three, section thirty-two, township seventeen south, range thirty- four east; thence south along the east line of maid U.S. lot throe and the east line of U.S. lot five, section thirty-two, township seventeen mouth, range thirty-four east W the mouth line of township seventeen south, range thirty-four east; thence south eighty-eight degrees, forty-one minutes, forty-four seconds west, -one thousand seven hundtod mixty-six font along the suid mouth Into of Wwrship seventeen mouth, range thirty -tour oast to the umtnrly Una , of the Itott'a grant, section thirty-eight, township eighteen mouth, mare thirty-four mast; thence mouth twenty-one dagr000, six minutes, forty-uix seconds oust seven thousand six hundred forty-nine and nine-tenthm feet along the easterly. line of said Bott's grant to the southeasterly corner thereof; thence mouth sixty-eight degrees, fifty -throe main - arms, fourteen "condo wool one thousand eight hundred feet along the north line of the Bolton grant, auction thirty-nine, - township eighteen south, range thirty-four east; thence mouth twenty-one degrees, six minutom, forty -air seconds out parallel to the mast line of maid Bolton grant nine thousand eight hundred ouvunty-two font; thence north oity-eisla dugreuo, fifty-thtou minuteo, fourteen "condo most one thonsutd eight hundred feet W the south corner of auction fifteen, township eighteen south, range thirty-four east; thence north no degrem thirty-two minutem twenty-one seconds went seventy-uevan and two -ton" feet to the EXHIBIT B Page 1 --- - __­­sOuLhw corner of the nurthwoot quarter of northwest _ ,. quarter of section fourteen, township eighteen mouth, rang# Ih*'" thirty-four aunt; thence north eighty-nine degrees forty-six It. - minutes thirty-four seconds sent oevon hundred forty-fivo font; thence north no degrees thirty-two minutes twenty-one west ono thousand three hundred twenty-two and i, # macunds five -tenths foot to the north line of section fourteen, township eighteen mouth, range thirty-four nasq thence north nighty -nine degrees eight minutes furty-four ascends w aa#t Oita thouslutd five hundred twenty-aix and aavoa- t✓ tenthn foot; thence mouth twenty-one degrees fifteen minutes a fifty -own macoads east five hundred ninety-seven fast to the �I#,v northwesterly corner of the Jane Murray grant, section forty -night, township eighteen mouth, range thirty-four Past; nc thence north sixty-eight degrees fifty minutes thirty-nine mountain want slong the northerly line of said Jane Murray thousand six hundred twelve feet; thence #outh ?t,;1 P _ grant own oighty-nine dagraes eight minutes forty-four second# west "< hundred twenty-five feet to the southeast corner of U.S. one lot two, section eleven, township eighteen south, range thirty-four east; thence north no degrees twenty-six minutes r!. olxtnon seconds west nine hundred twenty and ono-tPuth font to the westerly right-of-way line of the Florida East Coast Railway; thence northerly along the said westerly ;.� riltht-of-way, tuna of the Florida Fast Coast Railw#Y „y. right-of-way ling to the mouth line of #action two, township eighteen mouth, range thirty-four east; thence north degrees thirteen minutes forty-four Woods seat gighty-nine #long the mouth line of said unction two to the southeast ;tl;. corner of said section two; thence north no degrees 1� twenty-seven minutes sixteen seconds went two hundred thirty -ono fast; thence mouth eighty-nine degrees thirteen k: - remains forty-four accounts went one thounnnd three hundred thirty-nine feet; thence north no degrees twenty-seven imputed sixteen ooeonds west one thousand one hundred �+'>+ and five-tentho rant to the northeast corner of the southwest 'kO ` quarter of the southeast quarter of section two township tlightnnn south. range thirty-four east; thence Westerly along the North line of the said South- west quarter of the Southeast quarter of Section two, Township eighteen South, Range thirty-four _ East to the Southeast corner of the West quarter of the Northwest quarter of the Southeast quarter of said Section two; thence Northerly along the ab�a Easterly line of the West quarter of the Northwest quarter of the Southeast quarter of said Section two to the South line of the southwest quarter ''"---' -- the of section two, township eighteen of northeast quarter �— mouth, range thirty-four east; thence east along the south line of said southwest quarter of the northeast quarter to the southeast corner thereof; thence south along the went line of lot thirteen, block A, Edgewater Park Subdivision am shown r" on map in map book ten, page one hundred fifty -tour of the public records of Volumia County, Florida to the northerly line of Thomas Avenue, a fifty foot right-of-way as platted per Edgewater Park Subdivision; thence easterly along the northerly line of said Thomas Avenue a distance of six ' hundred nine feet to the westerly right-of-way line of U.S. highway no. one, it one hundred fifty-eight foot right -Of - way an now laid out; thence northerly along the said westerly right-of-way line to a point, said point being thing hundred feet northerly of the south line of U.S. lot seven, section two, township eighteen south, range thirty-four east; thence westerly and peraHol to the said southerly line of U.S. lot seven, section two, township eighteen south, range , thirty-four east; to the easterly line of the southwest quarter .. of the northeast quarter of section two, township eighteen EXHIBIT B Page 2 south, ra;,, thirty-four east; thence north alon,, .e east ri'+:'. line of tha said southwest quarter of the northeast quarter .!-�. and the northerly extension thereof to the westerly - right-of-way line of U.S. highway no. one; thence northerly along the said highway right-of-way line six hundred eighteen and four -tenths feet; thence westerly to a point eighty-three feet north of the northeast corner of the southeast quarter of the northwest quarter of section two, township eighteen south, range thirty-four east; thence a south eighty-three feet to the northeast corner of the southeast quarter of the northwest quarter of section two, township eighteen south, range thirty-four east; thence south eighty-nine degrees thirty-four minutes seven seconds west one thousand three hundred twenty feet to the northwest corner of the southeast quarter of the northwest quarter of said section two; thence north no degrees six minutes forty-one seconds east one thousand three hundred twenty feet to the southeast corner of the west half of U.S. lot three, section two, township eighteen south, range thirty-four east; thence east along the south line of U.S. Iota three and five, section two, township eighteen south, range thirty-four east, to the easterly right-of-way of U.S. highway no. one, a one hundred fifty-eight foot right-of- way as now laid out; thence south twenty-six degrees, twenty-six minutes east, along the easterly line of said U.S. highway no. one to a point said point being one hundred forty feet northerly of and es measured along the said easterly right-of-way of U.S. highway no.. one from the south line of U.S. lot six, section two, township eighteen " south, range thirty-four east; thence northeasterly` to the east line of U.S. lot six to a point on the east line of said U.S. lot six, said point being three hundred ninety-six and fifty-five one -hundredths feet northerly of the southeast corner of said U.S. lot six; thence easterly and at right r angles to the easterly line of said U.S. lot six a distance of two hundred nine feet more or less to the westerly ., right-of-way line of the intracoastal waterway; thence northerly along the said westerly right-of-way line of the intracoestal waterway to a point said point being sixty-nine and five -tenths feet southerly of a line, said line being north .',.. sixty-two degrees east from the northeast corner of said U.S. lot six; thence south sixty-two degrees west two hundred fifty feet more or leas to the easterly line of said �.. U.S. lot six; thence south twenty-eight degrees east along the easterly line of said U.S. lot six to the point of 4 intersection with the southerly line of the northerly F; sixty-nine and five -tenths feet of said U.S. lot six; thence N:. west along the southerly line of the northerly sixty-nine and five -tenths feet of said U.S. lot six to a point, said point •,; , being four hundred ninety-seven and forty-nine one-hun- dradths feet easterly of the easterly right-of-way of U.S. highway no. one; thence south twenty-six dogmas twenty- six minutes east and parallel to the seat right-of-way line T'' of U.S. highway no. one a distance of twenty-two and thirty-four one -hundredths feet for the point of exception; thence continue south twenty-six degrees, twenty-six w - minutes east and parallel to the east right-of-way line of U.S. highway no. one a distance of one hundred eighty feet; thence wait and parallel to the north line of U.S. lot six and north line of the west half of the northeast quarter, section two, township eighteen south, range thirty-four east a �-- distance of one hundred fifty feet; thence north twenty-six degrees, twenty-six minutes west and parallel to the easterly line of U.S. highway no. one a distance of sixty-five feet; thence east a distance of fifty fact; thence north twenty-six degrees, twenty-six minutes west a distance of one hundred fifteen feet; thence east a distance of one hundred feet to the point of exception; thence north twenty-six degrees, EXHIBIT B Page 3 i L twenty-six minutes west a distance of twenty-two and . thirty-four one-hundredthe feet; thence west a distance of one hundred twenty feet; thence south twenty-six degrees, twenty-six minutes east a distance of twenty-two and thirty-four one -hundredths feet to a point, said point tieing three hundred seventy-seven and forty-nine one-hundredtha IV feet easterly of the seat line of U.S. highway no. one; thence ®O west and parallel to the north line of the west half of the northeast quarter, section two, township eighteen south, C.1 range thirty-four east a distance of three hundred seventy- N seven and forty-nine one -hundredths feet to the said _ easterly right-of-way of U.S. highway no. one; thence north tV twenty-six degrees twenty-six minutes west along the said rn C.J easterly right-of-way a distance of one hundred feet to a W point on the said north line of the west half of the northeast quarter section two, township eighteen south, range thirty-four east, said point being also described as on the south line of U.S. lot five, section two,township eighteen south, range thirty-four east; thence east along the said south line of U.S. lot rive, section two, township eighteen south, range thirty-four east, to the southeast corner of said U.S. lot five; thence north sixty-two degrees east to the center line of the channel of the Hillsboro or Indian River north; thence northerly along the center line of said channel to the intersection of the said channel center line with the easterly prolongation of the center line of the Gabardy Canal; thence westerly along the prolongation of Gabardy Canal center line to the point of beginning. (Ord. No. 639, § 3, 11-17-69; Ord. No. 666, § 1, 9-9-70; Ord. No. 762, § 1, 8-30-72; Ord. No. 886, § 1, 9-16-74; Ord. No. 980, § 2, 8-8-77) Chwrter rofnreaca—Boundary r of leas. 1 6. State law reference—Mnemtion procedure, Flo Stet. Ch. 171. i EXHIBIT B Page 4 2132 1234 BOOK PAGE OR 194 Page 550 Date 16 April 1959 Filed 24 April 1959 Kind of Instrument WARRANTY DEED Consideration $10 & ovc -to- SOUTHERN AIR EXPRESS, INC No. 16 Book SOUTHERN AIR OR 660 I EXPRESS, INC., Page By: John W. Rowley, President, 133 Attest: Date I Jacque V.Rowley Secretary, 6 Oct 1964 (CORP SEAL) Flied -to- 27 Oct 1964 Kind of Instrument John W. and Jacque WARRANTY DEED V. Rowley Consideration $10 & ovc Hook . Page Date Flied Kind of Instrument Consideration I SOUTHEAST 1/4 of SECTION 2, TOWNSHIP 18, RANGE 34, VOLUSIA COUNTY, FLORIDA. Signed and sealed in the presence of two witnesses. Acknowledged before a Notary Public, Shirley E. Wright, the 16th April, 1959. Does not state marital status. Commission expires 8/9/59 CONVEYS: WEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 of SECTION 2, TOWNSHIP 18, RANGE 34, VOLUSIA COUNTY, FLORIDA. Signed and sealed in the presence of two witnesses. Acknowledged before a Notary Public, Shirley E. Wright, the 6th October, 1964. Commission expires 8/12/67 NEW SMYRNA ABSTRACT CO., New Smyrna Beach, Florida -. f' .III 1� i�;• . i I ii3-r,1- !�. .. �.�. The Nndersigned Corporation HEREBY CERTjFIEq jilal,this, bstract ofTille, ' _ t entries numbered 1 to A comprising was compiled by it from the public records o - 17 Inclusive,nty. State Of Florida, and from such other public records as oar a ere/ County, h, n indicated. c-�Lj cv This Abstract exhibits or refers to all conveyances, leases, mortgages, tiers, notices of Its pendeps and all other, instruments as shown of record in the office of the Clerk of the Circuit iqt ours apd/or. County Comptroller, of the aforesaid C9"IY, affecting the tide to or N any interest in the fond described in the caption hereof, including all security instruments ch Y and financing statements filed pursuant to The Uniform Commercial Code as adopted by o the State 4fF[4rtda, recorded in said office during the period of this search that identify tile ktnJ shown on the eaplion of this Abstract by a land description. No search is made for security instruments: financing statements or notices of commencement that describe any Property by a mailing or street address only. No search has been made for instruments Purporting to affect units and/or apartments in a cooperative apartment or a tenant,stockholder thereof, unless incorporated with a land description. This Abstract refers to all orders appointing receivers or liquidators, bankruptcy Proceedings, judgments, income tax liens, decrees for money, (by the same names and initials only, for twenty years prior to the date hereof), decrees of divorce, or judgments of dissolution of marriage, decrees offree dealership, cernfcates of incorporation and charters of incorporation, unredeemed tax sale certificates, appearing of record in the office of the Clerk of the Circuit Court and/or CountyComptroller+s Office of the aforesaid County, and in the office of the Clerk of the United States District Courts, a transcript of which Is of record in the aforesaid County, probate, incompetency and guardianship proceedings in the officf Of the Clerk of the Circuit Court and/or County Judgeofthe aforesaid County, if such matters relate to or q%fect the title to said land. This Abstract does not purport to show fictitious name affidavits, dissolutions of corporations for nonpayment of capita/ stock tax, or anneal report fding fee, or building and zoning regulations. This abstract of Tide and Certificate topers the period of time from EARLIEST PUBLIC RECORDS -to- 30 March 1979 @ 1:00 P. M. 'QTE: At the request of the examining attorney, we do not purport to set out in this Abstract Timber Deeds, Timber Leases or Turpentine Leases which have been satisfied and released of record or which have expired; nor do we show Mortgages which have been properly satisied or which are more than twenty years old since the due date of the Mortgage. 1N TESTIMONY WHEREOF, the undersigned corporation has caused this certificate to be slgncd at New Smyrna Beach this 4th day of April Florida, r 119 79 A.P. i T `, LAWYERS'TITLESERVICES.INC. Absiracl No, 64138 Abstractor: i Authonxed Sigrutwre ?.1321236 IOOK PAGE No. 17 IN RE REAL PROPERTY TAXES All taxes for the years EPR to 1978 , both inclusive, have been paid as to captioned lands; $320.22 RECEIPT NO: Homestead Exemption: Non -Exempt Value: Total Assessed Value: 02467 $ 17,500.00 $ 17,500.00 Assessed to: John W 5 Jacque V Rowley Assessed as: (P,N, #8402 00 00 0500 R E B 172281 Sec 2-18-34 Wh of NW4 of SE4 r■ r r r r r r r This abstract does not purport to show any City, County or State Tax Sales that have been cancelled or redeemed of record; Furthermore we do not purport to show any Judgments or Liens of record which have been satisfied. r■ r r r r r r r r We do not show City Taxes or assessments for municipal im- provements which are not a matter of record in the office of the Clerk of the Circuit Court of Volusia County, Florida. Reference for same is hereby made to the City Clerk and Tax Collector.