2004-O-48
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01/13/2005 03:46 PH
Instrument# 2005-010704
Book: 5474
Page: 2280
ORDINANCE NO. 2004-0-48
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 3208 EELS GROVE ROAD, VOLUSIA
COUNTY, INTO THE CITY OF EDGEW A TER, 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 DEP ARTMENT OF ST ATE;
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. Robert E. Jalbert, Sr. is the owner/applicant for property located at 3208 Eels Grove
Road, within V olusia County, Florida. Subject property contains approximately 1.15 i: acres.
2. The owner/applicant has voluntarily petitioned (applied) 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.
5. During the Planning and Zoning Board meeting on November 17,2004, the Board
recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edgewater, Florida:
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2004-0-48
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Book: 5474
Page: 2281
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.
2. The boundaries of the City of Edge water 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
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.
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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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 Vol usia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on December 6, 2004, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
During the first reading held at the December 6, 2004 City Council meeting, Council voted
to cancel the December 20, 2004 meeting and continue all and previously scheduled items until
January 10,2005.
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2004-0-48
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Book: 5474
Page: 2283
After Motion bycouncilwoman Rhodes andSecondby Councilman Vincenzi
the vote on the second reading/public hearing of this ordinance held on January 10, 2005, was as
follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown x
Councilman Dennis Vincenzi x
Councilwoman Harriet E. Rhodes y_
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this I Oth day of January, 2005.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
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2004-O48
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CITY COUNCIL OF THE
CITY OF EDGEWWATER, FLORIDA
B • orob��
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 1 Oth day
of January, 2005 under Agenda Item No.
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Page: 2284
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
A part of Lot 7, Model Land Company, Subdivision of Section 8, Township 18 South, Range 34
East, as shown on map in Map Book 5, Page 188, of the Public Records of Vol usia County, Florida,
and being more particularly described as follows: Commence at the Southwesterly comer of Lot 9,
said Model Land Company Subdivision, said point of commencement also being the center of said
Section 8, Township 18 South, Range 34 East; thence North 01002'59" West along the Westerly line
of Lots 8 and 9, said Model Land Company Subdivision, a distance of 1 ,320.75 feet to the Northwest
comer of said Lot 8; thence North 89033'41" East along the Northerly line of said Lots 7 and 8, a
distance of 1,016.56 feet for the Point of Beginning; thence continue North 89033' 41" East, a
distance of 215.00 feet; thence South 01002'44" East, a distance of 232.60 feet; thence South
89033'41" West, a distance of215.00 feet; thence North 01002'44" West, a distance of 232.60 feet
to the Point of Beginning, excepting therefrom the Northerly 30.00 feet to road purposes, containing
a net acreage of 1.00 acre.
Containing 1.15 ::!: acres more or less.
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2004-0-48
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Book: 5474
Page: 2285
Diane M. Matousek
Volusia County, Clerk of Court
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