2002-O-02o
ORDINANCE NO. 2002-0-02
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AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
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LOCATED WESTERLY OF THE FEC RAILWAY AND
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NORTH OF THE CITY WATER PLANT ON STATE ROAD
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#442, EDGEWATER, FLORIDA, VOLUSIA COUNTY, INTO
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THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE
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JURISDICTION, OBLIGATIONS, BENEFITS AND
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PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF 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
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
The City of Edgewater, as owner, is requesting annexation of certain real property
located westerly of the FEC Railway and north of the City Water Plant located on State Road #442,
Edgewater, Florida which is located within Volusia County, Florida. Subject property contains
approximately 38 acres more or less.
2. The owner has voluntarily petitioned the City of Edgewater for annexation pursuant
to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of voting District 2 of the City of Edgewater are hereby designated
to include the property described herein.
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5. During the meeting on November 14,200 I, the Planning and Zoning Board reviewed
~-t the petition and recommended by a vote of7 to 0 that the property be annexed into the City.
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PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF
EDGEW ATER, FLORIDA.
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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 Edge water are hereby redefined to include the property
described above and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 of the Charter of the City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
4. Within seven (7) days after adoption, copies ofthis ordinance shall be filed with the
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
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.
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Underlined passages are added.
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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 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.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART E.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
the first reading/public hearing ofthis ordinance held on January 28, 2002, was as follows:
AYE NAY
Mayor Donald A. Schmidt ~
Councilman James P. Brown ~
Councilman Dennis A. Vincenzi ~
Councilwoman Harriet E. Rhodes ~
Councilwoman Judy Lichter ~
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After Motion by,Lrrw•^_ d, and Second by
C ,J, the vote on the second reading/public hearing of this ordinance held
on February 11, 2002, was as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman
James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this I to day of February, 2002.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Donald A. Schmidt
Mayor
Robia L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this 11' day
of February , 2002 under Agenda Item No.
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EXHIBIT" A"
LEGAL DESCRIPTION
That Part ofU. S. Lots 2 and 3, lying Westerly of the Florida East Coast Branch Railway, Section
5, Township 18 South, Range 34 East, Volusia County, Florida.
The legal description includes any/all adjoining right-oJ-way relating to the subject property.
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Underlined passages are added.
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