2010-O-0406/10/2010 12:47 PH
10 Instnmmtt 2010-104626 4 I
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Page: 953
ORDINANCE NO.2010-0-04
AN ORDINANCE ANNEXING 2.15 ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 2798 SOUTH RIDGEWOOD AVENUE,
VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, 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
DEPARTMENT OF STATE; 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:
Derek Oberschall of CSC Properties, Inc. has applied on behalf of Larry John Sefton,
Cynthia E. Mock and Christopher D. Scott, owners for annexation of property located at 2798 South
Ridgewood Avenue, within Volusia County, Florida. Subject property contains approximately2.15
+ acres.
2. The owners/applicants have 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 4 of the City of Edgewater are hereby designated to
include the property described herein.
5. During the Planning and Zoning Board meeting on January 13, 2010, 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 of the City of Edgewater, Florida:
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Irstrumentil 2010-104M t 2
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PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF
EDGEWATER, 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 Edgewater 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
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.
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 he inapplicable to any person, property, or
2
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#2010-0-04
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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 Volusia County, Florida.
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F. ADOPTION.
After Motion to approve by Councilwoman Rhodes with Second by Councilman Cooper, the
vote on the first reading of this ordinance held on March 15, 2010, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra J. Rogers X
Councilwoman Gigi Bennington X
Councilwoman Harriet B. Rhodes X
Councilman Ted Cooper X
3
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#2010-0.04
Instruaentll 2010-104626 t 4
�. Book: 6484
Page: 956
After Motion to approve by tuna Iwcrean ghni-yvith Second by o s , the
vote on the second reading/public hearing of this ordinance held on May 17, 2010, was as follows:
AYE NAY
Mayor Mike Thomas
x _
Councilwoman Debra J. Rogers
x _
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
�Q
Councilman Ted Cooper
PASSED AND DULY ADOPTED this 17th day of May, 2010.
ATTEST:
Bonnie Wenzel
my by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Sims,Wolfe, Ansay,
Kundid & Birch
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#2010-0-04
CITY COUNCIL OF THE
ITY O EDGEW ORIDA
B:
Mike am"
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 17th day
of May, 2010 under Agenda Item No. 8-d—.
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EXHIBIT 'A'
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida
That portion of the North 231 feet of the South 462 feet of U.S. Government Lot 2, Section 1,
Township 18 South, Range 34 East and that part of the North 231 feet of the South 462 feet of the
Southeast V44 of the Southeast %4 of Section 2, Township 18 South, Range 34 East, Volusia County,
Florida, lying Westerly of U.S. Highway No. 1, Being more particularly described as follows:
Begin at the Southeast comer of the North 231 feet of the South 462 feet of the Southeast'/4 of the
Southeast %4 of said Section 2; thence North 89°13'28" East, along the South line of the North 231
feet of the South 462 feet of the aforesaid U.S. Government Lot 2, Section 1, Township 18 South,
Range 34 East, a distance of 113.67 feet to the West Right -of -Way of U.S. Highway No. 1 (State
Road 5); thence North 16001'53" West, along said West Right -of -Way, a distance of 242.51 feet to
the North line of the North 231 feet of the South 462 feet of said U.S. Government Lott; thence
South 89031' 18" West, along said North line, and the North line of the aforesaid North 231 feet of
the South 462 feet of the Southeast'/4 of the Southeast %4 of Section 2, a distance of 400.00 feet;
thence departing said North line, South 15°59'39" East, 243.05 feet to the South line of the North
231 feet of the South 462 feet of the Southeast %4 of the Southeast %4 of said Section 2; thence North
89031'37" East, along said South line, a distance of 286.34 feet to the Point of Beginning.
Containing 2.15 + acres more or less
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#2010-0-04