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2021-O-33 - 3501 Rock Oak Trail AN 11/3/2021 9:24:40 AM Instrument#2021264033#1 Book:8148 Pagel 941 ORDINANCE NO.2021-0-33 AN ORDINANCE ANNEXING .24t ACRES OF CERTAIN REAL PROPERTY LOCATED AT 3501 ROCK OAK TRAIL (PARCEL IDENTIFICATION NUMBER 844901000140), 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. Paige DeGrammont, owner, has applied for annexation of property located at 3501 Rock Oak Trail within Volusia County, Florida. Subject property contains approximately .24± 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 September 8, 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, ct.�'�_�..e`a passages are deleted. 1 Underlined passages are added. 2021-0-33 Instrument#2021264033#2 Book:8148 Page:1942 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 &AkA threttgh-passages are deleted. 2 Underlined passages are added. 2021-0-33 Instrument#2021264033#3 Book:8148 Pagel 943 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 Power, the vote on the first reading of this ordinance held on October 4,2021 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 Sftike thFafth-passages are deleted. 3 Underlined passages are added. 2021-0-33 Instrument#2021264033#4 Book:8148 Pagel 944 After Motion to approve by 3OmarQlu iet— with Second by 11�1,n�� C,u -�,c�.-► the vote on the second reading/public hearing of this ordinance held on MV a"I,AG Q1was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington _X Councilwoman Megan O'Keefe }� Councilman Jonah Powers k PASSED AND DULY ADOPTED this � day of WZMjt12021. ATTEST w . " CITY COUNCIL OF THE e,� Lo a CITY OF EDGEW'AT R, RIDA By: Bonnie Brown''' Mike T omas City Clerk Mayor For the use and reliance only by the City of Approved by the City Council of they of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day of legality by: Aaron R. Wolfe, Esquire V.Q.@'Yl �>`�, ,2021 under Agenda Item City Attorney No. 8 C& . Doran,Sims, Wolfe&Yoon ; & #passages are deleted. 4 Underlined passages are added, 2021-0-33 Instrument#2021264033#5 Book:8148 Pagel 945 EXHIBIT"Al LEGAL DESCRIPTION Lot 14, REDFISH COVE, according to the Plat thereof as recorded in Plat Book 54, Pages 80 and 81, Public Records of Volusia County, Florida. This legal description includes any/all adjoining right-of-way relating to the subject property. Shike thFough-passages are deleted. 5 Underlined passages are added. 2021-0-33 Instrument#2021264033#6 Book:8148 Page:1946 Laura E. Roth,Volusia County Clerk of Court 1 0.4 i H 1 W � V a° a Y Act ca z l . t a � a 3• k y v f3, ti Oq � N Q fn r`7 N