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ORDINANCE NO.2010-0-10
AN ORDINANCE ANNEXING 9.13 ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 3515 U. S. HIGHWAY NO. 1, 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:
1. Howard Hewitt of Indian River -Self Storage, LLC has applied as owner for
annexation of property located at 3515 U.S. Highway No. 1, within Volusia County, Florida.
Subject property contains approximately 9.13 ± acres.
2. The owner/applicant has 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 May 12, 2010, the Board
recommended by a vote of 5 to 2 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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PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF
EDGEWATER, FLORIDA.
f0 N
N1. Pursuant to Section 171.044, Florida Statutes, that certain real property described
Y in Exhibit "A" and depicted in the map identified as Exhibit "13% whidh are attached hereto and
o m incorporated by reference, is hereby annexed into and made part of the City of Edgewater,
m°a
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 be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicability to any other person, property, or
pi
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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 Bennington with Second by Councilwoman
Rhodes, the vote on the first reading hearing of this ordinance held on May 17, 2010, was as
follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
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AYE NAY
X
X
X
X
ABSENT
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After Motion to approve by Lmilame LAmer with Second byrn urtlr Uodrs.,
the vote on the second reading/public hearing of this ordinance held on July 19, 2010, was as
follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
AYE NAY
UlA76en+
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PASSED AND DULY ADOPTED this l9,"- day of .iJ tL 2010.
ATTEST:
V Orvria..�JlJ'l1LY
Bonnie Wenzel
For the use and reliance only 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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CITY
COUNCIL OF THE
CITY OF EjjDG WATER, FL A
By
Mik Thomas
Mayor
RobiaL Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 19th day
of July, 2010 under Agenda Item No. 8 Q. .
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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
A portion of the South 300 feet of the North 960 feet, East of U.S. Highway No. 1, of the Jane
Murray Grant in Sections 48 and 49, Township 18 South, Range 34 East, Volusia County,
Florida, being more particularly described as follows:
Commence at an intersection of the Easterly right-of-way of U.S. Highway No. 1 with the
Northerly line of the Jane Murray Grant aforesaid; thence S 22050'41" E 660.35 feet along said
Easterly right-of-way to the North line of the South 300 feet of the North 960 feet of the Jane
Murray Grant, aforesaid and the Point of Beginning; thence N 69000'00" E along said North line
for a distance of 1452.81 feet; thence departing said North line S 22050'41" E, 300.02 feet to the
South line of the South 300 feet of the North 960 feet East of U.S. Highway No. 1, of the Jane
Murray Grant in Sections 48 and 49, Township 18 South, Range 34 East; thence S 69000'08" W
1452.81 feet to the Easterly right-of-way of U.S. Highway No. 1; thence N 22050'41" W 299.96
feet to the Point of Beginning. EXCEPTING THEREFROM the lands conveyed by the Deed in
O.R. Book 4664, Page 4694, of the Public Records of Volusia County, Florida.
Subject to and together with a perpetual non-exclusive easement for ingress and egress over the
following described property situate in Volusia County, Florida.
A 25 feet wide easement for ingress and egress in the Jane Murray Grant, Sections 48 and 49,
Township 18 South, Range 34 East, Volusia County, Florida: Commence at an intersection of
the Easterly right-of-way of U. S. Highway No. 1 with the Northerly line of the lane Murray
Grant aforesaid; thence S 22050'41" E 660.35 feet along said Easterly right-of-way to the North
line of the South 300 feet of the North 960 feet of the Jane Murray Grant, aforesaid; thence N
69000'00" E along said North line for a distance of 811.80 feet to a point on a curve, concave
Northeasterly, having a radius of 319.85 feet, a central angle of 10008'43", radial line bearing N
06042'49" E, and the Point of Beginning; thence Southeasterly along said curve 56.64 feet to the
Point of Tangency; thence N 86034'03" E, 248.36 feet to the Point of Curvature of a curve
concave Northerly, having a radius of 233.97 feet, a central angle of 57006'36", a radial line
bearing N 03025'53" W; thence Easterly along said curve 233.22 to a Point of Reverse Curvature
of a curve concave Southeasterly, having a radius of 269.82 feet, a central angle of 25052' 16",
radial line bearing S 60032'38 E; thence Northerly along said curve 121.83 feet to an intersection
with the North line of the South 300 feet of the North 960 feet of the Jane Murray Grant,
aforesaid; thence S 69000'00" W, 71.07 feet along said North line to a point on a curve concave
Southeasterly, having a radius of 294.82 feet, a central angle of 12019'30", a radial line bearing S
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48013'08" E; thence Southwesterly along said curve 63.42 feet to a Point of Reverse Curvature
of a curve concave Northerly, having a radius of 208.97 feet, a central angle of 57°06'45", a
radial line bearing N 60°32'38" W; thence Westerly along said curve 208.30 feet to a Point of
Tangency; thence S 86°33'35" W, 241.51 feet to an intersection with the North line of the South
300 feet of the North 960 feet of the Jane Murray Grant, aforesaid; thence S 69000,00" W, 66.27
feet along said North line to the Point of Beginning.
Containing 9.13 ± acres more or less.
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