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89-O-3000K 'AGE Fd-y., sy LED FOR RECORD CL.M CIRCUIT COURT 3281 1.20 RECORD VERIFIED VOLUSIA CO., FL ( VOLUSIA GG. FL 046855 89 p,on 12 N 4: 04 J ORDINANCE NO. 89-0-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE - WATER, FLORIDA, ADOPTED PURSUANT TO FLORIDA STATUTE 166.041 (c) (1) AND SECTION 1100 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, REZONING FOUR PARCELS OF LAND OWNED BY THE RANKEN FAMILY AS FOLLOWS: PARCEL I: 9.77 ACRES, LOCATED EAST OF U.S. 1, BETWEEN RANKEN DRIVE AND ROBERTS ROAD, FROM VOLUSIA COUNTY R-3 TO CITY OF EDGEWATER MH-2 ZONING DISTRICT; PARCEL II: 1.05 ACRES LOCATED EAST OF U.S. 1, BETWEEN RANKEN DRIVE AND ROBERTS ROAD, FROM CITY OF EDGEWATER B-3 TO CITY OF EDGEWATER MH-2 ZONING DISTRICT; PARCEL III: 1.23 ACRES, LOCATED EAST OF U.S. 1, BETWEEN RANKEN DRIVE AND ROBERTS ROAD, FROM VOLUSIA COUNTY B-4 TO CITY OF EDGEWATER B-3 ZONING DISTRICT; AND PARCEL IV: .99 ACRES LOCATED EAST OF U.S. 1, BETWEEN RANKEN DRIVE AND ROBERTS ROAD, FROM VOLUSIA COUNTY B-4 TO CITY OF EDGEWATER MH-2 ZONING DISTRICT; DIRECTING THE CITY CLERK TO ADVERTISE THIS ORDINANCE AS PROVIDED BY LAW; AMENDING THE OFFICIAL MAP OF THE CITY OF EDGEWATER ACCORDINGLY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE WHEREAS, Florida Statute 166.041 (c) (1) provides the procedure for the rezoning of specific parcels of private real property involving less than five (58) percent of the total land of the municipality, and WHEREAS, Section 1100 of the Code of Ordinances of the City of Edgewater provides for amendment to the Zoning Ordinance and Official Zoning Map of the City of Edgewater, and WHEREAS, the Land Development and Regulatory Agency initiated the rezoning of said property and recommended to the City Council said rezoning. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. That the following described property is hereby rezoned from its present Volusia County R-3 Zoning to City of Edgewater MH-2 Manufactured Home Subdivision District. See Appendix "A". PARCEL I County R-3 to Edgewater MH-2 A portion of Section 1, Township 18 South, Range 34 East, Volusia County, Florida, described as follows: From the Southwest corner of said Section 1, run North 00 degrees, 21 minutes, 02 seconds West, the bearing base of this description, along the west line of said Section 1, a distance of 2018.13 feet to the point of beginning; thence continue North 00 degrees 21 minutes 02 seconds West along said West line a distance of 370.33 feet; thence departing said line, run North 89 degrees 56 pinutes 37 seconds East, a distance of 265.59 feet; thence South 26 degrees 02 minutes 07 seconds East, a distance of 173.02 feet; thence North 1 PAGE 3N7 1721 VOLUSIA CO. FL 67 degrees 26 minutes 42 seconds East, a distance of 100.00 feet; thence South 26 degrees 02 minutes 07 seconds East, a distance of 712.22 feet; thence South 67 degrees 26 minutes 42 seconds West, a distance of 500.00 feet; thence North 26 degrees 02 minutes 07 seconds West, a distance of 643.55 feet to the point of beginning. Containing 9.77 acres. SECTION 2. That the following described property is hereby rezoned from its present City of Edgewater B-3 Zoning to the City of Edgewater MH-2 Manufactured Home Subdivision District. See Appendix "A". PARCEL II Edgewater B-3 to Edgewater MH-2 A portion of Section 2, Township 18 South, Range 34East, Volusia County, Florida, described as follows: From the Southeast corner of said Section 2, run North 00 degrees 21 minutes 02 seconds West, the bearing base of this description, along the East line of said Section 2, a distance of 1896.48 feet to the point of beginning; thence continue North 00 degrees 21 minutes 02 seconds West along said East line, a distance of 491.98 feet; thence departing said line, run South 89 degrees 56 minutes 37 seconds West, parallel with the North line of the Southeast 1/4 of said Section 2, a distance of 185.72 feet; thence South 20 degrees 59 minutes 41 seconds East, parallel with the Easterly right-of-way line of U.S. Highway No. 1, a distance of 526.76 feet to the point of beginning. Containing 1.05 acres. SECTION 3. That the following described property is hereby rezoned from its present Volusia County B-4 Zoning to City of Edgewater B-3 Highway Service Business district. See Appendix "A". PARCEL III County B-4 to Edgewater B-3 A portion of Section 1, Township 18 South, Range 34 East, Volusia County, Florida, as described as follows: From the Southwest corner of said Section 1, run North 00 degrees 21 minutes 02 seconds West, the bearing base of this description, along the West line of said Section 1, a distance of 1324.31 feet to the point of beginning; thence continue North 00 degrees 21 minutes 02 seconds West, along said West line, a distance of 572.17 feet; thence departing said line, run South 20 2 BOOK PACE h 3287 1122 ✓ VOLUSIA CO. FL degrees 59 minutes 41 seconds East, parallel with the Easterly right-of-way line of U.S. Highway No. 1, a distance of 529.94 feet to the boundary of Edgewater Landing, Phase I, as recorded in Map Book 42, Pages 65-67 of the Public Records of Volusia County, Florida; thence South 67 degrees 26 minutes 42 seconds West, along said boundary, a distance of 201.80 feet to the point of beginning. Containing 1.23 acres. SECTION 4. That the following described property is hereby rezoned from its present Volusia County B-4 Zoning to City of Edgewater B-3 Highway Service Business District. See Appendix "A" PARVEL IV County B-4 to Edgewater MH-2 LESS: A portion of Section 1, Township 18 South, Range 34 East, Volusia County, Florida, described as follows: from the Southwest corner of said Section 1, run North 00 degrees 21 minutes 02 seconds West, the bearing base of this description, along the West line of said Section 1, a distance of 1324.31 feet to the point of beginning; thence continue North 00 degrees 21 minutes 02 seconds West, along said West line, a distance of 693.82 feet; thence departing said line, run South 26 degrees 02 minutes 07 seconds East, a distance of 643.55 feet; thence South 67 degrees 26 minutes 42 seconds West, a distance of 301.27 feet to the point of beginning. A portion of Section 1, Township 18 South, Range 34 East, Volusia County, Florida, described as follows: from the Southwest corner of said Section 1, run North 00 degrees 21 minutes 02 seconds West, the bearing base of this description, along the West line of said Section 1, a distance of 1324.31 feet to the point of beginning; thence continue North 00 degrees 21 minutes 02 seconds West, along said West line, a distance of 572.17 feet; thence departing said line, run South 20 degrees 59 minutes 41 seconds East, parallel with the Easterly right-of-way line of U.S. Highway No. 1, a distance of 529.94 feet to the boundary of Edgewater Landing, Phase I, as recorded in Map Book 42, Pages 65-67 of the Public Records of Volusia County, Florida; thence South 67 degrees 26 minutes 42 seconds West, along said boundary, a distance of 201.80 feet to the point of beginning. Containing .99 acres. ,ZOOK PAGE � `-�3281 1123 SECTION 5. That Yf7teU9AtQn�erk is hereby directed before the final adoption of this Ordinance to take the following steps: (a) Notify by mail each real property owner whose land is being rezoned or will be affected by the change and use and enact- ment of this Ordinance. (b) The notice shall state the substance of the Ordinance as it affects a property and shall set forth a time and place for a public hearing. (c) The notice shall be given at least thirty (30) days prior to the date set for the public hearing. (d) A copy of said notice shall be kept available for pub- lic inspection during regular business hours. (e) In addition, the provisions of Sections 1101.00, 1102.00 and 1103.00 of the Code of Ordinances of the City of Edge- water, shall be complied with. SECTION 6. That after having complied with all the necessary prerequisites and this Ordinance therefore being adopted pursuant to law, the Official Zoning Map of the City of Edgewater, Florida, shall be amended to reflect the change in zoning of the above described parcels or property. SECTION 7. That all ordinances or parts of ordinances and all resolutions in conflict herewith, be and the same are hereby repealed. SECTION S. If any section, part of a section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. SECTION 9. This Ordinance shall take effect immediately upon its adoption by the City Council of the City of Edgewater, Florida, and the approval of the amendments to the City of Edge- water Comprehensive Plan, as per Part II, Chapter 163, Florida Statutes, and consistency determination by the Volusia County Growth Management Commission. This Ordinance was introduced by Councilman Fish This Ordinance was read on first reading and passed by a vote of the City Council of the City of Edgewater, Florida, and approval as provided by law, at a regular meeting of 4 BOOK PAGE 3L87 1724 ^r VOLUS►A CO. FL said Council held on the 6th day of February , 1989. The second reading of this Ordinance to be at a regular meeting of the City Council of the City of Edgewater, Florida, to be held on the 3rd day of April , 1989. ROLL CALL VOTE ON ORDINANCE NO. 89-0-3 7 �!S 'Mayor Coun it n-Z O e c ! oman-Zon Tw Councilman -Zone Three SECOND READING: C2n Zone Four Ma vnr This Ordinance prepared by: C Attorney reading at a City of Edge - f April 5 046855