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ORDINANCE NO. 2003-0-24
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 3725 US HIGHWAY NO. 1 (PARCEL
IDENTIFICATION #8448-00-00-0091), VOLUSIA COUNTY,
INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT
TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY AND
REQUIREMENTS CONTAINED IN THE COMPREHENSIVE
PLAN AND LAND DEVELOPMENT CODE; 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. Dupuis and Jacobs at Edgewater, LLC are the agent of record for Gregory N. and
Rose M. Hoffman who are the owners of certain real property located at 3725 US Highway No. I
in Volusia County, Florida. Subject property contains approximately 1.46 acres more or less.
2. The owners have voluntarily petitionedthe City ofEdgewater 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
to include the property described herein.
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5. During a meeting on September 17, 2003, the Planning and Zoning Board reviewed
the petition and recommended by a vote of 6 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 ATER, 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 Edge water 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 ofthe 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 ofthis ordinance shall be filed with the
Volusia County Clerk of the Circuit Court, the Vo1usia 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.
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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 Lichter and Second by Councilman Hammond, the vote on
the first reading/public hearing of this ordinance held on November 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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After Motionby Councilwoman Rhodes and Secondby Councilwoman Lichter ,the
vote on the second reading/public hearing of this ordinance held on November 17, 2003, was as
follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown x
Councilman Dennis Vincenzi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 17th day of November, 2003.
ATTEST:
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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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
B���
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 November, 2003 under Agenda Item No.
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EXHIBIT" A"
LEGAL DESCRIPTION
The Northerly 209.83 feet, as measured along the Easterly R/W of U.S. Highway No.1 of the
Southerly 629.78 feet of the Westerly 300 feet, East of said U. S. No.1 of the North 52.465 chains
of the Jane Murray Grant, in Sections 48 and 49 Township 18 South, Range 34 East, all lying East
of said U. S. Highway No.1 and being more particularly described as follows:
Commence at the concrete monument being located on the South line of the North line 52.465 chains
of the said Jane Murray Grant and the East R/W ofU. S. Highway No.1, a 158 foot R/W as now
monumented, thence N 22054'41" W along said East R/W a distance of 419.95 feet for the Point of
Beginning, thence continue N 22054'41" W, a distance of 209.83 feet to a PRM making the
Southwesterly comer of Lot 1, Waterway Park Section 1, as recorded in Map Book 19, Page 269 of
the Public Records of Vol usia County, Florida, thence N 68042'50" E, along the Southerly line of
said Lot 1 and its Easterly extension thereof, a distance of 300 feet thence South S 22054'29" E, a
distance of 21 0.23 feet thence S 68049'41" W, a distance of 300 feet to the Point of Beginning.
Containing 1.46 acres more or less.
Parcel #8448-00-00-0091.
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BoobI� 5211
PO 4365
�. Diane 1 Matousek
e
Volusia County, Clerk of Court
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