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2022-O-14 - 1805 St Croix Way AN 10/4/2022 3:56:07 PM Instrument#2022226166#1 Book:8318 Page:4310 ORDINANCE NO.2022-0-14 AN ORDINANCE ANNEXING 11.2± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 1805 ST. CROIX WAY (PARCEL IDENTIFICATION NUMBER 843801000367), 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. Jeffrey Lariscy, owner, has applied for annexation of property located at 1805 St. Croix Way within Volusia County, Florida. Subject property contains approximately 11.2± acres. 2. The owner 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 2 of the City of Edgewater are hereby designated to include the property described herein. 5. During the Planning and Zoning Board meeting on July 13, 2022, 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, dwevg4i-passages are deleted. l Underlined passages are added. 2022-0-14 Instrument#2022226166#2 Book:8318 Page:4311 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 f� Sti#e ttxeeg#passages are deleted. 2 Underlined passages are added. 2022-0-14 Instrument#2022226166#3 Book:8318 Page:4312 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 Councilman Powers, with Second by Councilwoman Bennington the vote on the first reading of this ordinance held on September 12, 2022, was as follows: - AYE NAY ^� ' ' f . Mayor Mike Thomas X -- Councilwoman Christine Power X Councilwoman Gigi Bennington X - Councilwoman Debbie Dolbow X Councilman Jonah Powers X St+il�passages are deleted. 3 Underlined passages are added. 2022-0-14 Instrument#2022226166#4 Book:8318 Page:4313 After Motion to approve by, a ;t. .l i �e'_�� i ,d. � V with Second by the vote on the second reading!public hearing of this ordinance held on DoJt5ef\5,2vawas as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilwoman Debbie Dolbow Councilman Jonah Powers rte. PASSED AND DULY ADAPTED this day of{ ";RLr 2022. Vn��[ E75t�1: COUNCIL OF THE CITY OF EDGEWATTR, F RI DA c- Ronnie Vo2i MC i Mike Th_oma C[ 0rk Mayor 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 the City of Edgewater at a meeting held on this 11 day of; L s /+ 2022 under Agenda Item No 8 Siri e through passages are deleted. 4 Underlined_passages are added. 2022-0-14 Instrument#2022226166#5 Book:8318 Page:4314 /00*� EXHIBIT"A' LEGAL DESCRIPTION BEING A PORTION OF LOTS 44, 52, 53, & 61 ASSESSOR'S SUBDMSION OF THE SAMUEL BETTS GRANT,AS RECORDED IN-,LAP BOOK 3,PAGE 153 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF LOT 138 OF SAID AS,SESSOR'S SUBDIVISION OF THE SAMUEL BETTS GRANT,RUN SOUTH 69-DEGREES 30 MINUTES 17 SECONDS WEST ALONG THE NORTH LINE OF SAID LOT 138 A DISTANCE OF 5750.38 FEET(5638.50 FEET PLAT) TO THE NORTHWESTERLY CORNER OF SAID LOT 138;THENCE CONTINUE SOUTH 69 DEGREES 30 MINUTES 17 SECONDS WEST ON A WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 138 A DISTANCE OF 365.69 FEET;THENCE SOUTH 21 DEGREES 10 bIINUTES 16 SECONDS EAST A DISTANCE OF 1258.72 FEET TO THE SOUTHERLY LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY EASE\fENT AND THE NORTHEASTERLY CORNER OF PLAGIS ACRES SOUTH, AN UNRECORDED SUBDIVISION;THENCE SOUTH 89 DEGREES 38;MINUTES 43 SECONDS EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT A DISTANCE OF 2100.52 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 DEGREES 38 MINUTES 43 SECONDS EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT A DISTANCE OF 567.89 FEET; THENCE CONTINUE ALONG THE SOUTHERLY RIGHT OF WAY OF SAID EASEMENT,NORTH 69 DEGREES 29 MINUTES 57 SECONDS EAST A DISTANCE OF 403.91 FEET;THENCE DEPARTING THE SOUTHERLY RIGHT-OF-WAY OF SAID EASEMENT GO SOUTH 21 DEGREES 25 MINUTES 37 SECONDS EA-ST A DISTANCE OF 407.20 FEET; THENCE SOUTH 68 DEGREES 58 MINUTES 29 SECONDS WEST A DISTANCE OF 931.?72 FEET; THENCE NORTH 21 DEGREES 25 MINUTES 37 SECONDS WEST A DISTANCE OF 617.93 FEET TO THE POINT OF BEGINNING. INCLUDING THE USE OFTHE FOLLOWING DESCRIBED 60 FOOT INGRESS/EGRESS AND PUBLIC UTILITIES EASEMENT: FROM NORTHEAST CORNER OF LOT 138 OF SAID ASSESSOR'S SUBDIVISION OF THE SAMUEL BETTS GRANT, RUN SOUTH 69 DEGREES 30 MINUTES 17 SECONDS WEST ALONG THE NORTH LINE OF SAID LOT 138 A DISTANCE OF 5750.38 FEET(5638.50 FEET PLAT) TO THE NORTHWESTERLY CORNER OF SAID LOT 138;THENCE CONTINUE SOUTH 69 DEGREES 30 MINUTES 17 SECONDS WEST ON THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 138A DISTANCE OF 365.69 FEET;THENCE SOUTH 21 DEGREES 10 MINuTES 16 SECONDS EAST A DISTANCE OF 1258.72 FEET TO THE SOUTHERLY LINE OF A 170 FOOT FLORIDA POWER AND LIGHT COMPANY EASEMENT AND THE NORTHEASTERLY CORNER OF RAGIS ACRES SOUTH, AN UNRECORDED SUBDIVISION;THENCE SOUTH 89 DEGREES 38 MINUTES 43 SECONDS EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF SAID FLORIDA POWER.AND LIGHT COMPANY EASEMENT A DISTANCE OF 2100.52 FEET;THENCE SOUTH 21 DEGREES 25 MINUTES 37 SECONDS EAST A DISTANCE OF 285-26 FEET TO THE POINT OF BEGINNING OF THIS EASEMENT DESCRIPTION: THENCE CONTINUE SOUTH 21 DEGREES 25 MINIrrES 37 SECONDS EAST A DI.cTANCE OF 1725.34 FEET TO THE NORTHERLY RIGHT-OF-WAY OF STATE ROAD 442,THENCE SOUTH 49 DEGREES 52 MINUTES 10 SECONDS WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 63.35 FEET; THENCE NORTH 21 DEGREES 25 MINUTES 37 SECONDS WEST DISTANCE OF 1615.66 FEET TO THE PC OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A CENTRAL .ANGLE OF 53 DEGREES 17 MINUTES 48 SECONDS AND A RADIUS OF 50.00 FEET,THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 46.37 FEET TO THE PRC OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A CENTRAL.ANGLE OF 143 DEGREES 7 MINUTES 48 SECONDS AND A RADIUS OF 50 FEET;THENCE ALONG S�FiIEe Ekrreagh-passages are deleted. 5 Underlined passages are added. 2022-0-14 Instrument#2022226166#6 Book:8318 Page:4315 THE ARC OF SAID CURVE A DISTANCE OF 124.91 FEET TO THE PT OF SAID CURVE; THENCE NORTH 68 DEGREES 34 MINUTES 23 SECONDS EAST A DISTANCE OF 50.00 FEETTO THE POINT OF BEGINNING. This legal description includes any/all adjoining right-of-way relating to the subject property. Stfike thFBUgh passages are deleted. 6 Underlined passages are added. 2022-0-14 Instrument#2022226166#7 Book:8318 Page:4316 Laura E. Roth,Volusia County Clerk of Court , ,fir Park Rd ;5 t [~ `� \. 1 5 11 'D v b ro v: �a� a 7- L N C!J J Q