2005-O-020 Instr ent 12OD5 P,
Instruenti 2005-(g6599
Book: 5491
Page: 1441
ORDINANCE NO.2005-0-02
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 3301 SOUTH RIDGEWOOD AVENUE AND
SOUTH CORY DRIVE, VOLUSIA COUNTY, INTO THE CITY
OF EDGEWATER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE 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,
s
o RECORDING AND ADOPTION.
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WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
Royand MarciaBamett arethe contract purchasers and applicants forproperty owned
by Raymond R. And Carol F. Spangler located at 3301 South Ridgewood Avenue and South Cory
Drive, within Volusia County, Florida. Subject property contains approximately 1.03 ± acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater 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
to include the property described herein.
During the Planning and Zoning Board meeting on January 12, 2005, the Board
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2005-0-02
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recommended by a vote of 7 to 0 that the property be annexed into the City of Edgewater.
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 of the municipality.
2. The boundaries of the City of Edgewater are hereby redefined to include the property
described herein 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
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
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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2005-0-02
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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.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Brown, the vote on the
first reading of this ordinance held on January 24,2005, 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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2005-0-02
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Book: 5491
O Page: 1444
After Motionby Councilman Vincenzi andSecondby Councilman Brown
the vote on the second reading/public hearing of this ordinance held on February 7, 2005, 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 7th day of February, 2005.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
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2005-0-02
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
B,vT a.fg f:gjL kA�T/
Donald A. Schmidt
Mayor
Ro in L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 7th day of
February, 2005 under Agenda Item No. 6 E .
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EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
Parcels 1,2,3 and 4, inclusive and the Westerly 25.00 feet of Parcel 5, CORY ESTATES, according
to the plat thereof as recorded in Official Records Book 233, Page 29 of the Public Records of
Volusia County, Florida. Together with the right to use a portion of South Cory Drive and North
Cory Drive, CORY ESTATES as recorded in Official Records Book 233, Page 29.
Containing 1.03 i: acres more or less.
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2005-0-02
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