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ORDINANCE NO. 99-0-10
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AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED SOUTH OF WEST PARK AVENUE AND EAST OF
CAROL ANN DRIVE, VOLUSIA COUNTY, INTO THE CITY
OF EDGEW ATER, FLORIDA; AMENDING THE
DESCRIPTION OF CITY OF EDGEW ATER CORPORATE
LIMITS; PROVIDING FOR FILING WITH THE CLERK OF
THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOL USIA
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. John DaRe and Karen Rearden, are the contract purchasers of certain real property
located South of West Park Avenue and East of Carol Ann Drive, in Volusia County, Florida.
Subject property lies West of Mango Tree Drive abutting Carol Ann Drive, a private road. The
property extends approximately 592 :tfeet along the right-of-way, containing 10 acres more or less.
2. The owners have voluntarily petitioned the City of Edge water for annexation pursuant
to Section 171.044, Florida Statutes.
3. The property is compact and contiguous to the City's boundaries and the conditions
for annexation and the economics thereof are satisfactory.
4. After a meeting on March 31,1999, the Local Planning Agency reviewed the petition
and recommended by a vote of 4 to 1 that the property be annexed into the City.
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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 ATER, 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 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 ofthe 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 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 V olusia 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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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 Councilman Roberts and Second by Councilman Gornto, the vote on the
first reading/public hearing ofthis ordinance held on May 3, 1999, was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
AYE
Councilwoman Judy Lichter
AYE
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99-0-10
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et=: 965
After Motion by Councilman Gornto and Second by Councilman Roberts, the vote on the
second reading/public hearing of this ordinance was as follows:
Mayor Randy G. Allman AYE
Councilman Jim Gornto AYE
Councilman Myron F. Hammond AYE
Councilman Gary W. Roberts AYE
Councilwoman Judy Lichter AYE
PASSED AND DULY ADOPTED this 17th day of May, 1999.
ATTEST:
Susan J. Wadsworth
City Clerk
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99-0-10 4
CITY COUNCIL OF THE
CITY OF EDGEW/ATER, FLORIDA
Raq4y G. Allman
Ma or
APPROVED FOR FORM
AND CORRECTNESS:
�ytonC. V
City Attorney
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EXHIBIT A
LEGAL DESCRIPTION
Lots 12 and 13, Park Avenue Estates, as per map recorded in Map Book 34, Page 69, Public Records
of Vol usia County, Florida, together with an easement for ingress and egress over the following
described property:
Being a part ofthe Geronimo Alvarez Grant Section 57, T 17 S, R 34 E, and being more particularly
described as the following:
Commence at the Northeast comer ofU. S. Lot 3, S 32, T 17 S, R 34 E, said point being in the South
line of the Geronimo Alvarez Grant, thence along said South line S 730 58' 06" W, a distance of
1002.66 feet for the point of beginning; thence continue along said South line of the G. Alvarez
Grant S 730 58' 06" W, a distance of 69.80 feet, thence by a curve to the left having a radius of
145.00'; a central angle of 230 40' 59", for an arc length of 59.94 feet to the point of reverse
curvature, thence by a curve to the right having a radius of205.00 feet, a central angle of 4r 17'
49", for an arc length of 169.22' to the point of tangency of said curve, thence N 23008' 10" W,
along the tangency of the previously described curve a distance of 404.36 feet to the Southerly RlW
of Park Avenue, a 50 foot RIW as now laid out, thence N 67000' 54" E, along said Southerly RlW
a distance of 60 feet, thence S 230 08' 10" E, a distance of 404.20 feet to the point of tangency of a
curve to the left having a radius of 145.00', a central angle of 470 17' 49" for an arc length of 119.70
feet to the point of reverse curvature ofa curve to the right having a radius of205.00', a central angle
of230 40' 59" for an arc length of 84.74 feet to the point of tangency of said curve, thence S 460 45'
00" E, along the tangency of the previously described curve a distance of 35.65 feet to the point of
beginning.
Containing 10 :!: acres.
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