2021-O-14 - 4H Development AN1/11/2022 2:56:07 PM Instrument #2022007854 #1 Book:8185 Page:4435
ORDINANCE NO. 2021-0-14
AN ORDINANCE ANNEXING 14.47E ACRES OF CERTAIN REAL
PROPERTY LOCATED EAST OF U.S. 1 AND SOUTH OF BOSTON
WHALER (PARCEL IDENTIFICATION NUMBER 853711000050),
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. James Hodges, as the applicant on behalf of 4H Development, LLC, has applied
for annexation of property located east of U.S. 1 and south of Boston Whaler within Volusia
County, Florida. Subject property contains approximately 14.47± acres.
2. The applicant 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 November 10, 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 and Second by Councilwoman
Bennington, the vote on first reading of this ordinance which was held on December 6, 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
After Motion to approve by (t�;���'1C�� rnrL-��c`'u �.,�i�. and
i
Second by 191 t `f1 s'1 �J_ ' - " the vote on second
reading/public hearing of this ordinance which was held o was
as follows:
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AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power �C
Councilwoman Gigi Bennington��
Councilwoman Megan O'Keefe X
Councilman Jonah Powers X
PASSED AND DULY ADOPTED this day of ary 1 2022.
CITY COUNCIL OF THE
CITY OF EDGEWATER,
FLORIDA
C P•
Bonnie Frown, CMC
City Clerk
For the use and reliance only by the City of Edgewater,
Florida Approved as to form and legality by:
Aaron R. Wolfe, Esquire
City Attorney
Doran, Sims, Wolfe & Yoon
Approved by the City Council of t e City of Edgewater at a
meeting held on this City,
day of , 2022
under Agenda Item No 8
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2021-0-14
Mayor
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EXHIBIT "A'
LEGAL DESCRIPTION
Lot 5 and the North 50 feet of Lot 6, RIVERFRONT ESTATES per map in Map Book
19, Page 18, 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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CE"
I's7
Instrument #2022007854 #6 Book:8185 Page:4440 Laura E. Roth, Volusia County Clerk of Court
NO