2023-O-19 - AN Carder Clinton Cemetery Rd 11/9/2023 12:13:02 PM Instrument#2023229386#1 Book:8482 Page:2688
ORDINANCE NO.2023-0-19
AN ORDINANCE ANNEXING 6.87E ACRES OF CERTAIN REAL
PROPERTY LOCATED SOUTH OF CLINTON CEMETERY ROAD AND
EAST OF THE FEC RAILROAD (PARCEL IDENTIFICATION NUMBER
8424-00-00-0070), 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. Carl Carder, applicant on behalf of Robert and Susan Cloer, owners, has applied for
annexation of property located south of Clinton Cemetery Road and east of the FEC Railroad within
Volusia County, Florida. Subject property contains approximately 6.87=E 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 13,2023,the Board
recommended that the property be annexed into the City of Edgewater.
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NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
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 this
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Instrument#2023229386#3 Book:8482 Page:2690
EXHIBIT "A'
LEGAL DESCRIPTION
The West 960 feet of the North 247.7 feet of the Northwest 1/4ofthe Southeast 1/4 and the East
249.2 feet of the North 247.7 feet of the Northeast 1/4 of the Southwest 1/4,Section 24,Township
18 South,Range 34 East,Volusia County, Florida.
This legal description Includes any/all adjoining right-of-way relating to the subject property.
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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.
PASSED AND DULY ADOPTED this L041", day of NQlKO-� ,2023.
�C; Diezel DePew, Mayor
'Z' AT�TIT
.� Py
Bonnie Zlotnik,� C,City Clerk
Passed on first reading on the( day of M _ 2023
REVIEWED AND APPROVED: ClLa
Aaron R. Wol tty Attorney
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2023-0-19
Instrument#2023229386#5 Book:8482 Page:2692 Laura E. Roth,Volusia County Clerk of Court
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