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ORDINANCE NO. 2003-0-31
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED SOUTH OF 22ND STREET AND WEST OF SILVER
PALM DRIVE OFF OF AIR PARK ROAD, VOL USIA
COUNTY, INTO THE CITY OF EDGEW A TER, 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
EDGEW A TER 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.
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WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Alan R. Weaver is the agent of record for HNWW, Inc. who is the owner of certain
real property located South of 22ND Street and West of Silver Palm Drive, off of Air Park Road, in
Volusia County, Florida. Subject property contains approximately 27 acres more or less.
2. The owner has voluntarily petitioned the City of Edgewater for annexation pursuant
to Section 171.044, Florida Statutes.
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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 3 of the City of Edgewater are hereby designated
to include the property described herein.
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5. During a meeting on October 8, 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 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 Edge water, 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 ofthe 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 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.
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.
Str lick thtough passages are deleted.
Underlined passages are added.
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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 Rhodes and Second by Councilman Brown, the vote on the
first 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
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2003-0-31
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After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter ,the
vote on the second reading/public hearing of this ordinance held on December 15, 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 15th day of December, 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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2003-0-31
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CITY COUNCIL OF THE
CITY GEW�ATTER,FLORIDA
a.oti By;
Donald A. Schmidt
Mayor
Robin L. Mi atusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 15th day
of December, 2003 under Agenda Item No.
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EXHIBIT "A"
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CO a. Starting t the Northeast comer of the JOHN BOLTON GRANT, Section 39, Township 18 South,
Range 34 East, running thence West along the North line of said Grant 1800 feet to the POINT OF
BEGINNING; thence run South along the West line of Florida Shores Subdivision 15 and 16 of
record in Map Book 19, Pages 216 and 217 respectively, V olusia County Records, to a point of the
West line of Block 378,33 feet south of the center line of 25th Street, of said Subdivision; thence
West approximately 545 feet to a point of the east line of Lot 2 in Tier 4 of the Tom B. Stewart
Subdivision, as per map in Map Book 7, Page 80 of the Public Records of Vol usia County, Florida;
said point being 33 feet South of the Northeast comer of said Lot 2; thence Northerly along the
Easterly line of Lot 2, Tiers 1,2 and 3 ofthe Tom B. Stewart Subdivision approximately 2139 feet
to the North line of the John Bolton Grant; thence Easterly approximately 551 feet along the North
line of the Bolton Grant to the Florida Shores Subdivision No. 15 and the Point of Beginning.
Containing 27.0 acres more or less.
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2003-0-31
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Book: 5238
Page: 3234
Diane M. Matousek
Volusia County, Clerk of Court
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