2003-O-07ORDINANCE NO. 2003-0-07
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 4115 SOUTH U. S. HIGHWAY #1 (PARCEL
IDENTIFICATION #8538-01-00-0100), 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
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Mary D. Hansen, Esquire is the agent of record for Seashore Marina, LLC who is the
contract purchaser for property owned by the County ofVolusia. Subject property is located at 4115
South U. S. Highway #1, in Volusia County, Florida and contains approximately 60 acres more or
less.
2. The contract purchaser has voluntarily petitioned the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries andthe 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 March 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 Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF
EDGEW A TER, 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 Edge water, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges ofthe 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 Edge water 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 Edge water, 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 date of closing and recorded documents reflecting that
County of V olusia deeds title to Seashore Marina, LLC.
PART E.
ADOPTION.
After Motion by Councilman Hammond and Second by Councilman Brown, the vote on the
first reading/public hearing ofthis ordinance held on April 14, 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
ABSENT
Councilwoman Judy Lichter
ABSENT
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After Motion by Councilman Brow and Secondby Councilwoman Lichter
the vote on the second reading/public hearing of this ordinance held on May 5, 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 Y—
PASSED AND DULY ADOPTED this 5th day of May, 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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2003-0-07
CITY COUNCIL OF THE
CITY OF EDGE,'W//ATER, FLORIDA
onald 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 5th day of
May, 2003 under Agenda Item No. 6-B
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EXHIBIT" A"
LEGAL DESCRIPTION
That part of the south 924 feet as measured on the East right of way line ofU. S. Highway No.1,
Highway of Lots 1,4 and 22, Assessor's Subdivision of the C. E. McHardy Grant as recorded in Map
Book 3, Page 152, Public Records of V olusia County, Florida, lying north of Riverfront Estates
Subdivision as recorded in Map Book 19, page 18, Public Records of Vol usia County, Florida, and
that part of Sections 13 and 24, Township 18 South, Range 34 East, lying EastofU. S. Highway No.
1, and between the Westerly proj ection of the North and South lines of the above-described property.
Contains approximately 60 i: acres.
Parcel #8538-01-00-0100.
Subject to that certain Utility Easement in favor of V olusia County recorded June 3, 1992 in Official
Records Book 3749, Page 4119, Public Records of Vol usia County, Florida.
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Krug Marina Legal Description
EXHIBIT A
LEGAL DESCRIPTION (Tax Parcel Number 8538-01-00-0100):
That part of the South924 feet as measured on the East right of way line of U.S. No.1
Highway of Lots 1,4 and 22, Assessor's Subdivision of the C.E. McHardy Grant, as
recorded in Map Book 3, Page 152, Public Records of Vol usia County, Florid~ lying
north of Riverfront Estates Subdivision as recorded in Map Book 19, Page 18, Public
Records of V olusia County, Florida, and that part of Sections 13 and 24, Township 18
South, Range 34 East, lying East of U.S. No. 1 Highway and between the Westerly
projection of the North and South lines of the above-described property.
Subject to that certain Utility Easement in favor of Vol usia County recorded June 3, 1992
in Official Records Book 3749,. Page 4119, Public Records of Vol usia County, Florida.
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