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99-O-23 r '-r 1 '{19/1999 15: 27 ~trument :Ii 99207590 EDO"~: LJ486 Page: 2742 ORDINANCE NO. 99-0-23 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCATED AT 2576 U. S. HIGHWAY NO.1 (BETWEEN JOSEPH AVENUE AND ALICE AVENUE), VOLUSIA COUNTY, INTO THE CITY OF EDGEW ATER, FLORIDA; AMENDING THE DESCRIPTION OF CITY OF EDGEW A TER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOL USIA 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. Paul and Elizabeth Catlett, owners of certain real property located at 2576 U. S. Highway No.1, in V olusia County, Florida. Subject property (Nice Place Restaurant) lies between Joseph Avenue and Alice Avenue. The property contains approximately 1.05 acres. 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 August 25, 1999, the Local Planning Agency reviewed the petition and recommended by a vote of 6 to 0 that the property be annexed into the City. Struck tlllough passages are deleted. Underlined passages are added. 99-0-23 1 1ilW' nook: ~ge: 4.486 2743 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 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 ofthe 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. Pursuantto Section 2.01 of the Charter ofthe 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. Struck tmough passages are deleted. Underlined passages are added. 99-0-23 2 ...., .....'30k : ....t\ 9 e : 4486 2744 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 Councilwoman Lichter, the vote on the first reading/public hearing ofthis ordinance held on September 13, 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 StItlc:k tluotlgh passages are deleted. Underlined passages are added. 99-0-23 3 :9�ok: 4486 oe- 2745 After Motion by Councilwoman Lichter 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 ABSENT Councilman Myron F. Hammond AYE Councilman Gary W. Roberts AYE Councilwoman Judy Lichter AYE PASSED AND DULY ADOPTED this 27' day of September, 1999. n I TEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By, 7 GV� - Susan.1. W'adsuorlh Rand .Allman C'ih Clerk Mayor APPROVED FOR FORM C _ AND CORRECTNESS: Nikki Clayton City Attomey Sevck-tivough passages are deleted. Underlined passages are added. 99-0-23 4 ...., i Ja"~ : ...ttge: 4486 27 L.J6 EXHIBIT A LEGAL DESCRIPTION Lots 1,2,3,32,33,34,35, the East one-half of Lot 31, and the East 15.00 feet of Lot 4, Block C, Edgewater Park Subdivision, per map recorded in Map Book 10, Page 154, of the Public Records of V olusia County, Florida. Containing approximately 1.05 acres. Stl lick tlnough passages are deleted. Underlined passages are added. 99-0-23 5 ::-. ..ot-- ~ CO't.:..:(j -01 t-- 35 ... 'tNa;:: +-' :.::: ilJ::=; u..::r:8 Yo l1bc tCi o tn IJ) '(ri orc;a~ ~Il!l. ~ g r-- 'f- ~9. 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