2002-O-22 - Rosen AnnexationORDINANCE NO. 2002-0-22
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 3149 STATE ROAD #442, VOLUSIA COUNTY,
INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT
TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY AND TERMS OF
THE ANNEXATION AGREEMENT; 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:
1. Mary D. Hansen, Esquire is the agent ofrecord for Rick Rosen and Sheila Rosen who
are the owners of certain real property located at 3149 State Road #442, in Volusia County, Florida.
Subject property lies north of State Road #442 and west of Mission Road and contains approximately
23.5 acres more or less.
2. The owners have voluntarily petitioned the City of Edgewater for annexationpursuant
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. After a meeting on December 11, 2002, the Planning and Zoning Board reviewed the
petition and recommended by a vote of 7 to 0 that the property be annexed into the City.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF
EDGEW A TER, 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 and
to the terms of that certain Annexation Agreement which is attached hereto and incorporated by
reference as Exhibit C.
2. The boundaries ofthe 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.
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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 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 Councilman Hammond, the vote on
the first reading/public hearing of this ordinance held on December 16,2002, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown ABSENT
Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes X
-
Councilwoman Judy Lichter X
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After Motion by Counci lwoman Rhodes and Second by Counci 1 woman Li chter , the
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vote on the second reading/public hearing of this ordinance held on January 6, , 200),
was as follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown x
Councilman Myron F. Hammond x
Councilwoman Harriet E. Rhodes mac_
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 6 day of January , 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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2002-0-22
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CITY COUNCIL OF THE
CITY DGEWATTEER,, FLORIDA
u.K�
Donald A. Schmidt
Mayor
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Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th day
of December, 2002 under Agenda Item No.
6D.
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EXHIBIT" A"
LEGAL DESCRIPTION
Lots 1,2 and 3, HARRIS FIRST SUBDIVISION as shown on map recorded in Map Book 7, Page
73 of the Public Records of V olusia County, Florida, except portions now lying in road right of way
and except that portion of Lot 3 lying easterly of Old Mission Road, being more particularly
described as follows: for a Point of Beginning, commence at the northwesterly comer of said Lot 1;
thence N 690 34' 32" E, along the northerly line of said Lots 1,2 and 3, a distance of 1120.52 feet
to the westerly right of way of Old Mission Road; thence S 180 26' 19" E, along said westerly right
of way, a distance of698.57 feetto the northerly right of way of State Road No. 442; thence along
said northerly right of way of State Road No. 442 the following courses and distances, S 71033' 41"
W, a distance of22.50 feet; thence S 18026' 19" E, a distance of 194.95 feet; thence S 650 06' 25"
W, a distance of9.84 feet; the westerly line of said Lot 1; thence leaving said northerly right of way
of State Road No. 442, N 21016' 54" W, along said westerly line of Lot 1, a distance of949.29 feet
to the Point of Beginning. Containing 23.50 acres more or less.
Parcel #8438-02-00-0010
Parcel #8438-02-00-0020
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ExhibitC
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ROSEN ANNEXATION AGREEMENT
dDL-G THIS AGREEMENT made and entered into tbisf.pjJ-., day of ~~
~ by and between the CITY OF EDGEW ATER, FWRIDA~ a municipal
corporation, located at 104 North Riverside Drive, Edgewater, Florida 32132, (hereinafter
referred to as "'City") and Rick Rosen and Sheila Rosen, Post Office Box I, Edgewater,
Florida 32121, (hereinafter referred to as "Owner").
WHEREAS, the Owner owns approximately 23 acres of land lying immediately
adjacent to the corporate boundary of the City, as described in Exhibit "'A" hereto
(hereinafter "the Property"); and
WHEREAS, in order to obtain the right to develop under City jurisdiction and
regulations, and to provide for the future extension of City utilities to the Property, .
Owner has caused a Petition for Voluntary Annexation to be filed for the property
described in Exhibit "A"; and
WHEREAS, the City is desirous of annexing said property, and has satisfied
itself that the conditions for annexation and the economics thereof are satisfactory.
NOW, THEREFORE, based on the foregoing, the parties agree as follows:
1. DESCBIPllON
The Property which is the subject of this Agreement consists of approximately 23
acres located on the northwest corner of S.R. 442 and Mission Road. The property is
m.ore specifically described in the legal description, which is attached hereto and
incorporated by reference as Exhibit "'A".
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2.. PERMTITED USES
City acknowledges the proximity of the annexed area to the Interstate 95/S.R. 442
interchange and the adopted mixed use designation, Planned Unit Development (PUD)
zoning is appropriate and compatible with the City's desire to create a commercial and
tourism-oriented gateway to the City. The site can support approximately 8.5 acres of
commercial development along the S. R. 442 frontage and approximately fifteen acres of
single family residential development on the northern section of the Property. The
residential portion will consist of an approximate density of less than three dwelling units
per acre. As long as the Corridor Overlay regulations (presently being drafted) are met,
the City finds the mixture of uses and proposed densities to be generally consistent with
its vision for this area, and to that end will entertain consideration of a consistent
comprehensive plan and zoning request by the Owner. Any future development within
the annexed area shall be developed in compliance with the all applicable City
ordinances, resolutions, and regulations effective at the time of application for such
development, including the adopted Corridor Overlay regulations for S.R. 442, unless
otherwise provided herein.
The Owner's existing uses may continue, provided he maintains his present
screening. At the time the Property is sold, developed or adjacent property is developed,
the uses must be consistent with the City's Land Development Code.
UTILITIES
Owner agrees to connect to and utilize the City's water and wastewater
distribution systems within three (3) months of the time an infrastructure development
permit is issued for development activities under the proposed PUD. Owner agrees to
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pay normal connection and impact fees associated with the installation of these systems.
Owner agrees to provide all required utility easements for services, and will consult with
the City as to the location and size needed for such easements, and will require any
buyers of the Property to take subject to such easements.
3. ROADS
The City will provide permitting assistance to Owner in suitably locating an
access road from the Property to Old Mission Rd., and will provide any expressions of
support of such location to any regulatory agencies required to approve the access to Old
Mission Road.
4. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to an individual or corporation not
already a party to this Agreement, the purchaser of the property shall be bound by the
terms of this Agreement and applicable regulations of the City, where not inconsistent
with, or contrary to, this Agreement. Accordingly, the City shall, at Owner's expense,
record the Agreement with the Clerk of Circuit Court in Volusia County.
5. CONSISTENCY OF DEVEWPMENT
The City recognizes the existing development of the annexed area in the manner
defined by this Annexation Agreement and the existing uses listed in Exhibit "B". The
City acknowledges the proposed mixed use designation as generally consistent with its
future land use policies and goals for the I-95/S.R. 442 intersection. The parties expect to
upgrade the design and improvements on the Property as the existing uses are replaced
with development pursuant to PUD zoning and the then-applicable standards and
ordinances ofthe City, including adopted Corridor Overlay requirements.
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6. AMENDMENT
This Agreement may only be amended in writing, upon mutual consent of the
parties. The parties specifically acknowledge their intent to modify this Agreement by
way of a PUD zoning, which shall be recorded upon its execution with the Volusia
County Clerk of Court.
7. STATUTORY CONFLICT AND FAILURE TO ADDRESS
PARTICULAR MATTERS
To the extent there is a conflict between this Agreement and any existing City
resolution, regulation or ordinance, this Agreement shall control. However, all other
applicable City ordinances in effect at the time of execution of this Agreement continue
to apply. Further, the failure of this Agreement to address a particular permit, condition,
term or restriction shall not forgive the necessity of complying with the law governing
said permitting requirements, conditions, terms or restrictions.
8. APPEAL
If Owner is aggrieved by any decision of any City department head interpreting
the terms of this Agreement, that party shall first file a written appeal with the City
Manager within fifteen days of the adverse decision. If Owner is aggrieved by a decision
of the City Manager, an appeal shall be made to the City Council. The appeal shall be
initiated within fifteen days of the adverse decision by filing of a written request with the
City Manager for placement of the issue on the City Council agenda. The appeals before
either the City Manager or the City Council shall be de novo.
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9. BINDING EFFECT
O0 All of the terms and provisions of this Agreement, shall be binding upon, inure to
ON the benefit of and be enforceable by the parties and their respective legal representatives
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and their successors in title and interest. The provisions of the Agreement and all
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00, approved plans shall run with the land, and shall be administered in a manner consistent
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10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Florida
IN WITNESS WHEREOF, the parties have caused this Agreement to be made
vritten below.
CITY COUNCH. OF THE
CFDG/ EWAER,.Tj7R7
Donald A. Schmidt
Mayor
Dated: 4i!Q " 'Led dG�;
Robin L. Matusick
Legal Assistant
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Witnessed by:
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Rick Rosen
Dated:
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- Sheila Rosen
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Dated: /. /.3 -;lce.3
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me this q'l---h day of
J Qn U. ex V'VJ ' 2003, by Rick Rosen, who. is personally known to me or who has
produced fi., '"D.. ~(C ~ 1-...) 5u-I:2~ - f..,;)- '3 :3/-c:as identification and who did not
take an oath.
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STATh uF FLORIDA
COUNTY OF BJto{,,) IU~ D
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Notary Public
t-i 5 C'~ D i {)o<~--e r
Printed Name of Notary
My Commission Expires: fY\o r ( h 3, d cc> \0
The foregoing instrument was acknowledged before me this 13 lir day of
-Ja nua t' .j , 2003, by Sheila Rosen, who is personally known to me or who
has producelJ. FLDI( v< z.s-o . 7 J Z Y3- ([ <',) - c.as identification and who did not
take an oath.
Stamp/Seal
f1i>>?ah ~.~
Notary Public
D~bor4h s HocJJ<
Printed Name of Notary
My Commission Expires:
,....................................e 11''''' ,.,,,,,.. .,
. ""...",~ DEBORAH S. HOOGE .
! i~~\ Commlaslon # 000155375 ~
: i<11~';~ Expires11/15f2006 :
: ~~rOFI\.~ Bonded through :
i (s00.:432~254) Florida Notary Assn., Inc. S
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EXHIBIT "A"
LEGAL DESCRIPTION
Lots 1.2 and 3. HARRIS FIRST SUBDIVISION as shown on map recorded in Map
Book 7, Page 73 of the Public Records of Vol usia County, Florida, except portions now
lying in road right of way and except that portion of Lot 3 lying easterly of Old Mission
Road, being more particular described as follows: For a Point of Beginning, commence at
the northwesterly comer of said Lot 1; thence N 690 34' 32", along the northerly line of
said Lots 1, 2 and 3, a distance of 1120.52 feet to the westerly right of way of Old
Mission Road; thence S 18026' 19" E, along said westerly right of way. a distance of
698.57 feet to the northerly right of way of State Road No. 442; thence along said
northerly right of way of State Road No. 442 the following courses and distances, S 71 0
33' 41" W, a distance of 22. 50 feet; thence S 180 26' 19" E, a distance of 194.95 feet;
thence S 65006' 25" W, a distance of9.84 feet; the westerly line of said Lot 1; thence
leaving said northerly right of way of State Road No. 442, N 21016' 54" W, along said
westerly line of Lot 1, a distance of949.29 feet to the Point of Beginning, Containing
23.50 acres more or less (also known as Parcel J.D. numbers 8438-02-00-0010 and 8438-
02-00-0020).
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EXHIBIT "B"
EXISTING USES
1 single family residence
1 guest house
Storage buildings as existing
Office building/retail sales
Semitrailer parking and transportation terminal (limited to Owner's own or leased trucks
and trailers)
Fruit production and sales of agricultural products
Bike Week and Biketoberfest primitive camping (limit 20 sites)
Musical entertainment on the last Saturday of Bike Week and Biketoberfest, 7:00 p.m.
until 3:00 a.m., for so long as no residential development occurs within 100 feet of the
Property boundary.
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