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ORDINANCE NO. 99-0-15
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED EAST OF TATUM, BOULEVARD ADJACENT TO
DAYTONA BEACH COMMUNITY COLLEGE, VOLUSIA
COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA;
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,
SEVERABHdTY 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. Glenn Storch, Esquire is the authorized agent for Estate of Louis Neatherland (First
C�
Atlanta Financial) who is the owner of certain real property located East of Tatum Boulevard,
D adjacent to Daytona Beach Community College, in Volusia County, Florida. The property extends
approximately 115 ±feet along the right-of-way, containing 14 acres more or less.
2. The owners have voluntarily petitioned the City of Edgewater 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 September 30, 1998, the Local Planning Agency reviewed the
petition and recommended by a vote of 5 to 0 that the property be annexed into the City.
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NOW, THEREFORE, BE IT ENACTED by the People ofthe 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 of the 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 ofthe 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 oftms 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.
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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 Gornto and Second by Councilman Hammond, the vote on the
first reading/public hearing of this ordinance held on May 17, 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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After Motion by Councilman Hammond and Second by Councilwoman Lichter, 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 7th day of June, 1999.
CITY COUNCIL OF THE
CITY OF EDGEWATEIIA FLORIDA
APPROVED FOR FORM
�AlN/DAC.ORRECTNESS:
/ 4A:
Nikki Clayto
City Attorney
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EXHIBIT A
LEGAL DESCRIPTION
That portion of U.S. Lot 2, Section 30, Township 17 South, Range 34 East, South of the Decala Grant, being Section
48, Township, 17 South, Range 34 East, and East of Spanish Mission Heights Unit No.2, per map in Map Book 23,
Page 119 of the Public Records of Vol usia County, Florida.
and
A portion of U.S. Lots 3 and 6, Section 30, Township 17 South, Range 34 East, lying east of Spanish Mission Heights
Unit No.3, per map in Map Book 19, Page 197 of the Public Records of Vol usia County, Florida.
and
Lot 8, Block 12, Spanish Mission Heights No.2, per map in Map Book 23, Page 119 of the Public Records of V olusia
County, Florida.
and
Lot 21, Spanish Mission Heights No.3, per map in Map Book 19, Page 197 of the Public Records of Vol usia County,
Florida.
Being more particularly described as follows: BEGIN at the Northeast comer of said U.S. Lot 2 being also the Northwest
comer of U.S. Lot 4, said point being the POINT OF BEGINNING: thence South 0 degrees 17 minutes 20 seconds East
along the east line of said U.s. Lots 2, 3 and 6, a distance of 1904.02 feet to the intersection of the east line of said U.S.
Lot 6 with the east line of Spanish Mission Heights Unit No.3 aforesaid: thence North 21 degrees 00 minutes 00
seconds West along said east line of Spanish Mission Heights Unit No.3, a distance of 442.80 feet to the southeast
comer of Lot 21 said Spanish Mission Heights Unit No.3: thence South 69 degrees 00 minutes 00 seconds West along
the south line of said Lot 21, a distance of 165.00 feet to the southwest comer of said Lot 21: thence North 21 degrees
00 minutes 00 seconds West along the west line of said Lot 21, a distance of 50.00 feet to the northwest comer of said
Lot 21: thence North 69 degrees 00 minutes 00 seconds East along the north line of said Lot 21, a distance of 165.00
feet to the northeast comer of said Lot 21: thence North 21 degrees 00 minutes 00 seconds West along the east line of
Spanish Mission Heights Units No.3 and 2, a distance of 1200.00 feet to the southeast comer of Lot 8, Block 12,
Spanish Mission Heights Unit No.2: thence South 69 degrees 00 minutes 00 seconds West along the south line of said
Lot 8, a distance of 165.00 feet tot he southwest comer of said Lot 8: thence North 21 degrees 00 minutes 00 seconds
West along the west line of said Lot 8, a distance of 65.00 feet to the northwest comer of said Lot 8: thence North 69
degrees 00 minutes 00 seconds East along the north line of said Lot 8, a distance of 165.00 feet to the northeast comer
of said Lot 8: thence North 21 degrees 00 minutes 00 seconds West along the east line of Spanish Mission Heights Unit
No.2, a distance of 52.69 feet to the south line of the Decala Grant aforesaid: thence North 71 degrees 30 minutes 37
seconds East along said south line of the Decala Grant, a distance of 674.01 feet to the POINT OF BEGINNING: said
described tract containing 14.43 acres more or less.
Strlick tftf8lign passages are deleted.
Underlined passages are added.
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EXHIBIT "B"
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