2003-O-2711/21/2003 03:40 PM
Instrur- 0 2003-296020
Bool- : 5211
Page: 4373
ORDINANCE NO. 2003-0-27
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED EAST OF U.S. HIGHWAY #1 AND SOUTH OF
HIBISCUS ROAD AND WEST OF POINCIANA ROAD
(PARCEL IDENTIFICATION #8448-00-00-0090), VOLUSIA
COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA;
SUBJECT TO THE JURISDICTION, OBLIGATIONS,
BENEFITS AND PRIVILEGES OF THE MUNICIPALITY
AND TERMS OF THE PLANNED UNIT DEVELOPMENT
(PUD) ZONING 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
O" 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 owners of certain real property located
East of U.S. Highway #1, South of Hibiscus Road and West of Poinciana Road, Volusia County,
Florida. Subject property contains approximately 6.85 acres more or less.
2. The owners have voluntarily petitioned the City of Edgewater for annexationpursuant
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
Str=k4luough passages are deleted.
Underlined passages are added.
2003-0-27
,-I~
,-It"-
C\J fc1
U1~
....
.::LQ)
OlJl
010
COa.
'-'
...",
to include the property described herein.
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 ofthe 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 Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges ofthe municipality and
to the terms of that certain Planned Unit Development (PUD) Zoning 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 ofthe V olusia County Growth Management Department,
and the Department of State.
Stl tlck tlu otlgh passages are deleted.
Underlined passages are added.
2003-0-27
2
~
""""
PART B.
AUTHORIZATION.
,..U11
1"1 t"- City Council hereby authorizes the Mayor to execute the associated Planned Unit
C\J rl
LO -.:t Development (PUD) Zoning Agreement for Pinehurst Subdivision (attached hereto and incorporated
....
~QJ
001
010
~a.
herein as Exhibit "C").
PART C.
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 D.
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 E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
StlUGk th10ugh passages are deleted.
Underlined passages are added.
2003-0-27
3
M\O
r-f~
C\lrJ
U1.q
....
.:.:m
OCJl
043
1I1a.
'-'
..."
PART F.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, 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
-
After Motion by Councilwoman Rhodes and Second by 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
-
StltlGk tmough passages are deleted.
Underlined passages are added.
2003-0-27
4
n
3
PASSED AND DULY ADOPTED this 17th day of November, 2003.
ri C�
ATTEST:
N h'1
LL� �
000
0 fa
MIL
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
Shtick -tivongh passages are deleted.
Underlined passages are added.
2003-0-27
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robi i 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.
E
,..HD
M~
Nt'")
LO.q
....
:.:m
OD'
0(1
~a.
"w'
""""
EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
That part of the South 630 feet of the West 840 feet, East of U. S. No. 1 Highway of the North
52.465 chains (3462.69 feet) of the JANE MURRAY GRANT, in Sections 48 and 49, Township 18
South, Range 34 East, more particularly described as follows:
Commence at a concrete monument being located on the South line of the North 54.465 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 690 05' 51" E, a distance of 328.56 feet for the POINT OF
BEGINNING; thence N 22050' 16" W, a distance of21 0.26 feet; thence S 690 05' 04" W, a distance
of 128.17 feet; thence N 220 48' 19" W, a distance of21 0.21 feet; thence N 690 02' 58" E, a distance
of99.82 feet; thence N 220 46' 43" W, a distance of210.53 feet to the Southwest comer of Canal
Drive, a 50 foot right-of-way as now laid out; thence N 680 49' 18" E, along the Southerly right-of-
way of said Canal Drive, a distance of 448.20 feet; thence S 220 50' 24" E, along the Westerly right-
of-way of said Canal Drive and its Southerly prolongation, a distance of 632.62 feet; thence S 690
00' 56" W, a distance of 420.26 feet to the Point of Beginning.
Containing 6.85 acres more or less.
Parcel #8448-00-00-0090.
Struck tluough passages are deleted.
Underlined passages are added.
2003-0-27
6
Boo 5211
Pas 4379
Diane Matousek
Volusia County,, Clerk of Court