2001-O-5308/24/2010 03:06 Pi
Instrument# 2010- 154665 # 1
4r Book: 6508
Page: 3313
ORDINANCE NO. 2001 -0 -53
..n
N AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
o C` O CONSISTING OF APPROXIMATELY 3.18 MILES OF U. S.
% t r .{ HIGHWAY #1 RIGHT -OF -WAY FROM THE SOUTHERN
*� CORPORATE LIMITS OF THE CITY OF EDGEWATER TO
C) " " THE NORTHERN LINE OF ARIEL ROAD VOLUSIA
a 0 01 COUNTY, FLORIDA, INTO THE CITY OF EDGEWATER,
N 0 FLORIDA; SUBJECT TO THE JURISDICTION,
ON
r OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE
CITY OF EDGEWATER; 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
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Florida Department of Transportation ( "FDOT ") is the owner of that certain right -of-
way known as U. S. Highway #I between the southern corporate limits of the City of Edgewater to
the northern line of Ariel Road, Volusia County, Florida, said property containing approximately
3.18 miles and being described in Exhibit "A" and depicted in Exhibit "B ", both of which are
attached hereto and by this reference incorporated herein.
2. FDOT has submitted to the City of Edgewater a letter of no objection dated July 31,
2001 to the annexation of said right -of -way.
3. Notice of the proposed annexation has been published pursuant to the requirements
of Section 171.044(2), Florida Statutes.
through passages are deleted.
Underlined passages are added.
2001 -0 -53
'This Ordinance is being re- recorded
to replace those recorded on 09/18/2001 in
OR 4744, PGS 4505 -4510 and recorded
1 on 09/20/2001 in OR 4746, PGS 1011 —
1017 & to reflect Exhibit "B" for
Ordinance #2001 -0 -53 ONLY
Instrument) 2010 - 154665 # 2
Book: 6508
ltw �"� Page: 3314
4. The property is contiguous to the City's boundaries and the conditions for annexation
Z N and the economics thereof are satisfactory. The property is within the "reserve area" as stipulated
\t ri
O pursuant to Ordinance #88 -0 -12 which was adopted by the City Council and authorized by Chapter
St H
180, Florida Statutes.
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5. The boundaries of voting District 4 of the City of Edgewater are hereby designated
Mil
to include the property described herein.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida:
PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF
EDGEWATER, FLORIDA.
Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit `B ", 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 in Exhibit "A" 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,
passages are deleted.
Underlined passages are added.
2001 -0 -53 2
100
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and the Department of State.
PART B. CONFLICTING PROVISIONS.
Instrtt# 2010- 154665 8 3
Book: 6508
Page: 3315
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 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 Brown and Second by Councilman Vincenzi, the vote on the
first reading /public hearing of this ordinance held on August 6, 2001, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by and Second by
Strnek through passages are deleted.
Underlined passages are added.
2001 -0 -53 3
C
Instrusent# 2010-154665 1 4
r1 Book_ 6508
V Page_ 3316
the vote on the second reading/public hearing of this ordinance held on d .2--V ,
2001, was as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
/
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this y((L day of 12001.
\T 1 1'ST:
tiaYall .I. AA adstcorllr
Cih Clcrl:
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For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
Snnekihrengl passages are deleted.
Underlined passages are added.
CITY COUNCIL OF THE
CITY OF EDGEWAATER, FLORIDA
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Ed gew ter at a meeting held on this /4 day
Of 2001 under Agenda Item No.
?t—
2001-0-53
4
Instrument# 2010 - 154665 # 5
Book: 6508
Page: 3317
EXHIBIT "A"
Ul LEGAL DESCRIPTION
C- O
ri All that variable width road right -of -way owned, claimed or maintained by the Florida Department
so of Transportation for use as U.S. Highway No.1 and/or Florida State Highway No.5, said right -of-
Y M way being more particularly described as that right -of -way as may be shown or described on
0 0 applicable Florida Department of Transportation right -of -way maps which lies south of the southern
city limit of the city of Edgewater Florida, and north of Ariel Rd. north of the northern city limit of
the city of Oak Hill Florida.
The legal description includes any /all adjoining right -of -way relating to the subject property.
Struck throtigh passages are deleted.
Underlined passages are added.
2001 -0 -53
City of Edgewater A" A Q City of Oak Hill
Proposed S.R. 442 Annexation
NProposed U.S. 1 Annexation
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City of Edgewater Service
Area Boundary
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Instrument# 2010-154665 # 6
Book: 6508
Page: 3318
Diane M. Matousek
Volusia County, Clerk of Court
(city,c)-f Edgewater 1\1
A A City of Ocj k Hhh '
lPropa� ,,ed SA •42 Anaexafiori
Propose Yfic)n
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ORtINANCE NO. 2001-0-53
c•
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
CONSISTING OF APPROXIMATELY 3.18 MILES OF U. S.
o
HIGHWAY 41 RIGHT-OF-WAY FROM THE SOUTHERN
ss
CORPORATE LIMITS OF THE CITY OF EDGEWATER TO
o ..
THE NORTHERN LINE OF ARIEL ROAD, VOLUSIA
EY N
COUNTY, FLORIDA, INTO THE CITY OF EDGEWATER,
m E 0 D
FLORIDA; SUBJECT TO THE JURISDICTION,
Po �GQ�
OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE
CITY OF EDGEWATER; 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
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
Florida Department of Transportation ("FDOT") is the owner of that certain right-of-
way known as U. S. Highway #1 between the southern corporate limits of the City of Edgewater to
the northern line of Ariel Road, Volusia County, Florida, said property containing approximately
3.18 miles and being described in Exhibit "A" and depicted in Exhibit "B", both of which are
attached hereto and by this reference incorporated herein.
FDOT has submitted to the City of Edgewater a letter of no objection dated July 31..
2001 to the annexation of said right-of-way.
Notice of the proposed annexation has been published pursuant to the requirements
of Section 171.044(2), Florida Statutes.
Semck-throng! passages are deleted.
Underlined passages are added.
2001-0-53
4. The property is contiguous to the City boundaries and the conditions for annexation
v7 NO and the economics thereof are satisfactory. The property is within the "reserve area" as stipulated
.t O
r" In pursuant to Ordinance #88-0-12 which was adopted by the City Council and authorized by Chapter
180, Florida Statutes.
YN
0 D 5. The boundaries of voting District 4 of the City of Edgewater are hereby designated
Oro
MCL
to include the property described herein.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida:
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", 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 Edgewater are hereby redefined to include the property
described in Exhibit "A" 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,
Sack- Hit ongh passages are deleted.
Underlined passages are added.
2001-0-53 2
and the Department of Siate.
Nt L PART B. CONFLICTING PROVISIONS.
.t O
LO 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.
Y �l
0 PART C. SEVERABILITY AND APPLICABILITY.
W d 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 Brown and Second by Councilman V incenzi, the vote on the
first reading/public hearing of this ordinance held on August 6, 2001, was as follows:
AVE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by 4efe- and Second by
Semek tit ongl passages are deleted.
Underlined passages are added.
2001-0-53 3
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the vote on the second reading/public hearing of this ordinance held on
2001, was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vineenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Eichler
AYE NAY
A—
PASSED AND DULY ADOPTED this —/&_ day of 12001.
ATTEST:
i
usan J. W dsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
Struek flnousl passages are deleted.
Underlined passages are added.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
�%/�/
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgew ter at a meeting held on this /a day
of, 2001 under Agenda Item No.
2001-0-53
EXHIBIT "A"
�t 0% LEGAL DESCRIPTION
10
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All that variable width road right-of-way owned, claimed or maintained by the Florida Department
of Transportation for use as U.S. Highway No.1 and/or Florida State Highway No.5, said right-of-
way being more particularly described as that right-of-way as may be shown or described on
001 applicable Florida Department of Transportation right-of-way maps which lies southofthe southern
cd city limit of the city of Edgewater Florida, and north of Ariel Rd. north of the northern city limit of
the city of Oak Hill Florida.
The legal description includes any/all adjoining right-of-way relating to the subject property.
Slrnekthrough passages are deleted.
Underlined passages are added.
2001-0-53
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MdNANLEt
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RJEL R
Q City of Edgewater "A
Q City of Oak Hill A -
Proposed S.R. 442 Annexation
I N Proposed U.S. 1 Annexation l �'
City of Edgewater Service
Area Boundary