2003-O-01 - Hacienda Annexation03/26/2003 11:09
' -�pstrument # 2003-069734
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ORDINANCE NO. 2003-0-01
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED EAST OF U.S. HIGHWAY NO.1 AND WEST OF
HACIENDA DEL RIO (PARCEL IDENTIFICATION#8538-01-
00-0019), VOLUSIA COUNTY, INTO THE CITY OF
EDGEWATER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY AND TERMS OF
THE ANNEXATION AGREEMENT; AMENDING THE
DESCRIPTION OF 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
066
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
(,{goV
determinations:
1. Glenn D. Storch, Esquire is the agent of record for Hacienda Development
�J Corporation who is the owner of certain real property located east of U. S. Highway No. 1 and west
of Hacienda Del Rio, in Volusia County, Florida. Subject property contains approximately 18.27
acres more or less.
2. The ownershave voluntarily petitionedthe City ofFdgewater 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
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to include the property described herein.
5. During a meeting on February 12, 2003, the Planning and Zoning Board reviewed the
petition and recommended by a vote of 7 to 0 that the property be annexed into the City.
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", which we 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 and
to the terms of that certain Annexation Agreement which is attached hereto and incorporated by
reference as Exhibit "C".
2. The boundaries of the City of Edgewater are hereby redefined to include the property
described above 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.
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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
circumstance.
PART D. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART E. ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Brown, the vote on the
first reading/public hearing of this ordinance held on March 3, 2003, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
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AfterMoftonby Councilwoman LichtgKdSecond yyCouncilman Brown
the vote on the second reading/public hearing of this ordinance held on March 17, 2003, was as
follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown y_
Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes y
Councilwoman Judy Lichter —x
PASSED AND DULY ADOPTED this 17th day of March, 2003.
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
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2003-0-01
4
CITY COUNCIL OF THE
CITY OF EDGEWATdEER, FLORIDA
By: O-V 2e-
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 17th day
of March, 2003 under Agenda Item No. 6 A .
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EXHIBIT "A"
LEGAL DESCRIPTION
A portion of the Jane Murray Grant, Sections 48 and 49, Township 18 South, Range 34 East lying
easterly of U. S. Highway No. 1, a portion of Lot 1, Assessor's Subdivision of the C. E. McHardy
Grant according to the map or plat thereof as recorded in Map Book 3, Page 152 of the Public
Records of Volusia County, Florida and a portion of U. S. Lots 3 and 4, Section 13, Township 18
South, Range 34 East lying easterly of U. S. Highway No. 1 being more particularly described as
follows:
For a Point of Beginning, commence at the intersection of the westerly line of the C. E. McHardy
Grant, Section 49, Township 18 South, Range 34 East and the south line of the north 52.465 chains
of the Jane Murray Grant, Sections 48 and 49, Township 18 South, Range 34 East, said point being
marked by a 1-inch iron pipe; thence N 680 58' 50" E, along said south line of the north 52.465
chains of the Jane Murray Grant, a distance of 136.56 feet; thence S 220 57' 19" E, parallel with the
easterly line of U. S. Highway No. 1, a distance of 2652.17 feet; thence S 680 40' 14" W, a distance
of 300.12 feet to the easterly line of U. S. Highway No. 1; thence N 22' 57' 19" W, along the easterly
line of U. S. Highway No. 1, a distance of 2653.79 feet to said south line of the north 52.465 chains
of the Jane Murray Grant; thence N 68' 58' 50" E, along said south line of the north 52.465 chains
of the Jane Murray Grant, a distance of 163.61 feet to the Point of Beginning. Containing 18.27
acres more or less.
Parcel #8538-01-00-0019
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ANNEXATION AGREEMENT
HACIENDA DEVELOPMENT CORPORATION
THIS AGREEMENT made and entered into by and between, the CITY OF
EDGEWATER, FLORIDA, a municipal corporation, located at 104 North Riverside Drive,
Edgewater, Florida, 32132, (hereinafter referred to as "City") and HACIENDA
DEVELOPMENT CORPORATION, the Owner of the real property described herein
(hereafter "Owner"), as follows
WHEREAS, Owner is the owner in fee simple of the property that is the subject of
this Agreement; and
WHEREAS, to have the right to develop under City regulations and to connect and
use City utilities, Owner has caused a Petition for Voluntary Annexation to be filed for the
property described in Exhibit "A"; and
WHEREAS, the City is desirous of annexing said property, and has satisfied itself
that the conditions for annexation and the economics thereof are satisfactory.
NOW, THEREFORE, based on the foregoing, the parties agree as follows:
1. DESCRIPTION
The property which is the subject of this Agreement consists of approximately 18.27
acres located at Rio Grande and South U.S. 1. The property is more specifically described
in the legal description, which is attached hereto and incorporated by reference as Exhibit
U-9
2. PERMITTED USES
City acknowledges the proximity of the annexed area to the commercial arterial
roadway of U.S. 1, and the existing Volusia County BPUD and Volusia County MH-1 W
(Agreement/Amexation-Hacienda Development)
Document prepared by Glenn D. Smmh, Esquire 1
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zoning for the area to be annexed. The City also acknowledges that the most suitable use
of the property is for commercial and associated uses including, but not limited to, retail,
commercial and all uses permitted in the B-3 zoning district and agrees to zone said area as
B-3. The parties hereto expressly agree that the residential uses adjacent to the annexation
parcel are not part of this annexation request, but that nothing precludes voluntary
annexation of the residential area at some later time.
The City agrees to amend its comprehensive plan and future land use map. Such
amendment shall be accomplished simultaneously with the annexation. After annexation,
any new development within the annexed area shall be developed in compliance with all
applicable City ordinances, resolutions, and regulations effective at that time. The parties
however, specifically agree that as of the date of annexation, the use of flags on the subject
property are permitted and are not considered a sign. Provided that said flagpoles do not
exceed the height of twenty feet (20'), twenty-two feet (22) for a center flagpole holding the
flagpole of the United States.
3. UTILITIES
Owner agrees to connect to and utilize the City's water and wastewater distribution
systems prior to City's issuance of a certificate of occupancy (CO) for any development.
Owner agrees to pay normal connection and impact fees associated with these systems.
Owner agrees to provide all required utility easements for services.
4. ROADS
Unless access is via the entrance road to Hacienda Del Rio, applicant shall install
improvements as required by the Florida Department of Transportation (FDOT) and as
(Agreement/Annexation-Hacienda Development)
Document prepared by Glenn D. Storch, Esquire 2
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required by the City's Land Development Code if the entrance road is on US I.
5. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to an individual or corporation not
already a party to this Agreement, the purchaser of the property shall be bound by the terms
of this Agreement and applicable regulations to the City. Accordingly, the City shall record
the Agreement with the Clerk of Circuit Court of V olusia County at Owner's expense.
6. CONSISTENCY OF DEVELOPMENT
The City agrees to permit the development of the annexed area in the manner defined
by this Annexation Agreement, the attached exhibits, and applicable City ordinances
consistent with, and not contrary to, the terms of this Annexation Agreement, and subject
to the terms of any development agreement between Owner and City. In the case of conflict
or inconsistency, this agreement shall control.
7. AMENDMENT
This Agreement may only be amended in writing, upon mutual consent of the parties
which may require City Council review.
8. STATUTORY CONFLICT AND FAILURE TO ADDRESS
PARTICULAR MATTERS
To the extent there is a conflict between this Agreement and any existing City
resolution, regulation or ordinance, this Agreement shall control. However, all other
applicable City ordinances in effect at the time of execution of this Agreement continue to
apply. Further, the failure of this Agreement to address a particular permit, condition, term
or restriction shall not excuse the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
(Agreement/Annexation-Hacienda Development)
Document prepared by Glenn D. secret, Esquire 3
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9. APPEAL
If Owner is aggrieved by any decision of any City department head interpreting the
terms of this Agreement, he shall first file a written appeal with the City Manager within
fifteen (15) days of adverse decision City Manager shall have thirty (30) days to review.
City Council to review within sixty (60) days if aggrieved by City Manager decision. If
Owner is aggrieved by a decision of the City Manager, an appeal shall be made to the City
Council. The appeal shall be initiated by the filing of a written request with the City
Manager for placement of the issue on the City Council agenda. After receiving the request,
the City Manager shall place the matter on the next available City Council agenda.
10. BINDING EFFECT
All of the terms and provisions of this Agreement, shall be binding upon, inure to the
benefit of and be enforceable by the parties and their respective legal representatives and
their successors in title and interest. The provisions of this Agreement and all approved
plans shall run with the land, and shall be administered in a manner consistent with the laws
of the State of Florida.
11. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Florida.
(Agreement/Annexation-Hacienda Development)
Document prepared by Glenn D. Smmh, Esquire 4
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IN WITNESS WHEREOF, the parties have caused this Agreement to be made and
entered into the date and year last written below.
ATTEST:
Witnessed by:
i
C� -Q.J Cam ' o-_._iC�—
STATE OF FLORIDA
COUNTY OF VOLUSIA
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:��CQg
Donald A. Schmidt
Mayor
Datea:lDCz 14,o`Lz>3
Robin L. Matuskk
Paralegal
OWNER:
1yeklgeg r, President .
.17a+- al M lae9. -'freasu^er
KAIRM
Thiefregoing ins nt was acknowledged before
2003, by e , PmTident of Hacienda Del
personallyown to me who did not take an cth.
#��ONg1Ylp
�0�1-�93�-a
Expires:
(Agreement/Anneution-Hacienda Development)
Document prepared by Glenn D. Sunmh, Esquire 5
is
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2697
REPORT OF SKETCH OF DESCRIPTION
HACIENDA DEL RIO COMMERCIAL PROPERTY
Work Order # 02-07-084 - July 30, 2002
Sketch of Description:
See Sketch of Description, Hacienda Del Rio Commercial Property, (Work Order #02-07-084), dated July 29,
2002. This report of sketch of description and attached sketch is not valid without the signature and original
raised seal of a Florida licensed surveyor and mapper, which can be found at the end of this report. The
sketch and report are not full and complete without the other. The sketch is not an actual Boundary Survey.
Description:
A portion of the Jane Murray Grant, Sections 48 and 49, Township 18 South, Range 34 East lying easterly of
U. S. Highway No. 1, a portion of Lot 1, Assessor's Subdivision of the C. E. McHardy Grant according to the
map or plat thereof as recorded in Map Book 3, Page 152 of the Public Records of Volusia County, Florida and
a portion of U. S. Lots 3 and 4, Section 13, Township 18 South, Range 34 East lying easterly of U. S. Highway
No. 1 being more particularly described as follows: For a Point of Beginning, commence at the intersection of
the westerly line of the C. E. McHardy Grant, Section 49, Township 18 South, Range 34 East and the south
line of the north 52.465 chains of the Jane Murray Grant, Sections 48 and 49, Township 18 South, Range 34
East, said point being marked by a 1-inch iron pipe; thence N 680 58' 50" E, along said south line of the north
52.465 chains of the Jane Murray Grant, a distance of 136.56 feet; thence S 22' 57' 19" E, parallel with the
easterly line of U, S. Highway No. 1, a distance of 2652.17 feet; thence S 680 40' 14" W, a distance of 300.12
feet to the easterly line of U. S. Highway No. 1; thence N 220 57' 19" W, along the easterly line of U. S.
Highway No. 1, a distance of 2653.79 feet to said south line of the north 52.465 chains of the Jane Murray
Grant; thence N 680 58' 50" E, along said south line of the north 52.465 chains of the Jane Murray Grant, a
distance of 163.61 feet to the Point of Beginning. Containing 18.27 acres more or less.
Description Lineage:
Description prepared by the undersigned at the request of the client.
Bearing Reference:
Bearings refer to an assumed datum and based on the easterly line of U. S. Highway No. 1 as being N 220 57'
19" W.
Limitations:
1. Subject to restrictions, reservations, limitations, easements and rights of way, if any, appearing of record.
2. This sketch prepared without the benefit of an abstract and no title work has been performed or provided.
3. This sketch is subject to any facts that may be disclosed by a full and accurate title search.
4. Underground utilities and features not located.
5. The parcel is subject to:
50-foot easement for ingress and egress per Official Records Book 358, Page 207
30-foot drainage ditch easement per Official Records Book 45, Page 0549
30-foot utility easement per Official Records Book 2731, Page 0026
20-foot Florida Power & Light easement per Official Records Book 2908, Page 1912 and Official
Records Book 2913, Page 0319
15-foot Florida Power & Light easement per Official Records Book 2895, Page 1768
15-foot Florida Power & Light easement per Official Records Book 3246, Page 0035
all recorded in the Public Records of Volusia County, Florida.
And subject to "Rio Grande" (dedication not provided)
Prepared for:
Hacienda Development Corporation
Surveyor and Mapper in Responsible Charge:
Daniel W. Cory
Professional Surveyor and Mapper License Number 2027
I hereby certify that this sketch of description of the subject property
knowledge, information and belief as prepared under my supervision
certify that this sketch of description meets the minimum technical stan
adopted by the Florida Board of Professional Surveyors and Mapp
472.027, subject to the qualifications noted hereon.
Signed:
Daniel W. Cory Surveyor, Inc.
Certificate of Authorization Number LB 2599
300 Canal Street
New Smyrna Beach, Florida 32168
(386),427-9575
SHEET 1 of 2
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_.ane M. Matousek
Volusia County, Clerk of -Court
SKETCH OF DESCRIPTION
HACIENDA DEL RIO COMMERCIAL PROPERTY
WORK ORDER # 02-07-084
JULY 30, 2002
SEE REPORT OF SKETCH OF DESCRIPTION
HACIENDA DEL RIO COMMERCIAL PROPERTY
WORK ORDER # 02-07-084
JULY 30, 2002
THIS SKETCH OF DESCRIPTION AND ATTACHED REPORT IS NOT VALID WITHOUT THE
SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND
MAPPER WHICH CAN BE FOUND ON THE REPORT. THE SKETCH AND REPORT ARE
NOT FULL AND COMPLETE WITH OUT THE OTHER. THIS SKETCH IS NOT AN ACTUAL
BOUNDARY SURVEY. POINT OF BEGINNING
I' IRON PIPE
m YMCRANI M.4655 k 49 OF THE
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®N68'5850'E 163,61'
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1 inch = 300 ft. X
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DANIEL W. CORY SURVEYOR, INC. S 3� 124,1Y
CERTIFICATE OF AUTHORIZATION NUMBER LB 2599
300 CANAL STREET FILE 14023 HDR
NEW SMYRNA BEACH, FLORIDA 32168 COMMERCIAL PARCELS
(386)427-9575 SHEET 2 OF 2