2005-O-11
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07/27/2005 09:25 AM
Instrument# 2005-2011tJl # 1
...., Book: !:jf) 1 0
PafJe :1 EjB3
ORDINANCE NO. 2005-0-11
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED EAST OF OLD MISSION ROAD AND NORTH OF
MISSION OAKS, VOL USIA COUNTY, INTO THE CITY OF
EDGEW A TER, 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, VOL USIA
COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF ST ATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Rodney Jones, agent and applicant for A.S.D. Properties Management, LLC., owner
of property located east of Old Mission Road and North of Mission Oaks, within Volusia County,
Florida. Subject property contains approximately 110.66 :!: 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 1 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on April 13, 2005, the Board
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fnstrument# 2005-201161 # 2
[)ook: 561 0
Paqt:'~: 15B4
recommended by a vote of6 to 0 that the property be annexed into the City of Edgewater.
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 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 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.
PARTB.
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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Instrument# 2005-201161 # 3
Book: 5610
r)age: 1585
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.
PARTF.
ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Rhodes, the vote on the
first reading of this ordinance held on April 18, 2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
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Instn.enta 2oo5-201161 1 a
Book: 5610
Page: 1586
The second reading/public hearing of this ordinance held during the May 2, 2005 City
Council meeting was continued until the July 18, 2005 City Council meeting.
After Motionbycouncilwoman Lichter and SecOndbyCouncrtwnman Rhnda.o
the vote on the second reading/public hearing of this ordinance held on July 18, 2005, was as
follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown Absent
Councilman Dennis Vincenzi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter _
PASSED AND DULY ADOPTED this 18th day of July, 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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CITY COUNCIL OF THE
CITY OF EDGE�WAATEERR, FLORIDAyy
By: S iw2a �f _e,.L3,,�
Donald A. Schmidt
Mayor{
��1 Q/s i.ninJ.l
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 18th day
of July, 2005 under Agenda Item No. 6 D .
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Instrument# 2005-201161 # 5
Book: 5610
Pa!~Je: 15B-7
EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
LEGAL DESCRIPTION (OR BOOK 2450, PG 1863)
PARCEL A:
The following land in Volusia County, Florida:
All of Block "D" except Lot 2 West of Canal and North of Road; that part of Lot 1, Block "E" lying
South of Road, except that portion described as follows: Beginning at the Southwesterly comer of
said Lot 1, Block "E", thence Northerly along the Westerly line of said Lot, a distance of 325 feet
to the Point ofIntersection of the West line of Lot 1 with the County Road; thence Northerly along
County Road a distance of225 feet; thence Southeasterly 575 feet more or less to the Southeasterly
comer of said Lot; thence Westerly along Southerly line to the Point of Beginning, all being situated
in the JAMES LUPE SUBDIVISION, per Map Book 2, page 33, Public Records of V olusia County,
Florida.
ALSO:
That part of Lot 5 of the middle 1/3 ofthe AMBROSE HULL GRANT, according to the map in Map
Book 1, Paged 141, described as follows: Beginning at the Southeast comer of Block "D" of JAMES
LUPE'S SUBDIVISION ofthe AMBROSE HULL GRANT, thence Southerly on a line being the
extension of the East line of Block "D", a distance of 220 feet; thence Westerly to the Southwest
comer of said Block "D"; thence Easterly along the South line of said Block "D" to the Point of
Beginning, except that part described as follows: Property in Block "D" of the JAMES LUPE
SUBDIVISION, per Map Book 2, Page 33, Public Records of Vol usia County, Florida, described
as follows: Commence at the SE comer of Block "D" of JAMES LUPE SUBDIVISION; thence
Southerly on a line being the extension ofthe East line of Block "D", a distance of220.l feet; thence
South 67022' West 1223.6 feet; thence North 76032' West 352.26 feet; thence North 22046'20" East
735.77 feet; thence South 67013'40" East 277.66 feet; thence South 22046'20" West 55 feet; thence
South 17020'40" East 10 feet for the Point of Beginning; thence South 17020'40" East 225 feet;
thence South 72039'20" West 133.33 feet; thence North 17020'40" West 225 feet; thence North
72039'20" East 133.33 feet to the Point of Beginning.
TOGETHER WITH:
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I nst rument# 2005- 20 1161 # 6
Book: 5610
PatJe: 15B(]
LEGAL DESCRIPTION (OR BOOK 2476, PG 1012)
PARCEL "A":
A parcel ofland in the middle of3rd of the AMBROSE HULL GRANT, (said Middle 3rd lying and
being in Section 44, T-17-S; R-33-E and Section 53, T-17-S; R-34-E) and described as follows:
Commence at the Northeast corner of said Middle 3rd; thence Southerly along the East line of the
HULL GRANT 1631.6 feet for the Point of Beginning; thence S 23030' E, 1531.52 feet along the
Easterly line of HULL GRANT; thence S 64042' W. 2331.76 feet; thence N 13026'30" E, 1806.24
feet; thence N 4013' W, 69.25 feet; thence N 65050' E, 1223.63 feet to the Point of Beginning,
Containing 61.56 acres more or less and all being in said AMBROSE HULL GANT;
PARCEL "B":
A parcel ofland in the Middle Third of the AMBROSE HULL GRANT, said Middle Third lying and
begin in Section 44, Township 17 South, Range 33 East and Section 53, Township 17 South, Range
34 East and described as follows: Commence at the Northeasterly corner of said Middle Third,
thence Southerly along the Easterly line of the AMBROSE HULL GRANT, 1631.6 feet, thence
South 65050' West, 1223.63 feet for the Point of Beginning of the description, thence S 4013' E,
69.25 feet; thence N 76036' W, 556.56 feet to the Mission Road (Old Turnbull Hammock Road)
thence with the said Road N 22022' E 66.82 feet, thence S 76036' E, 525.49 feet to the Point of
Beginning of this description. Subject to an easement over Parcel "B" for road purposes.
PARCEL "C":
A portion of Block "E" and a portion of Block "F", LOVEJOY'S 2ND SUBDIVISION in the Middle
3rd of the AMBROSE HULL GRANT, according to the plat thereof as recorded in Map Book 8, Page
125, of the Public Records of Vol usia County, Florida, being described as follows: Commence at
the Southeasterly corner of Block "F", said LOVEJOY'S 2ND SUBDIVISION; thence North
21000'00" West, along the Easterly line of said Block "F", a distance of 1300.00 feet; thence South
69012'53" West, a distance of 1548.04 feet for the Point of Beginning; thence South 21000'00" East,
a distance of281.30 feet; thence South 69012'53" West, a distance of 1548.14 feet; thence North
21001 '46" West, a distance of281.30 feet; thence North 69012'53" East, a distance of 1548.29 feet
to the Point of Beginning.
Subject to an together with a 30 foot easement for ingress/egress and utilities described as follows:
A portion of Block "E" and a portion of Block "F", LOVEJOY'S 2ND SUBDIVISION in the Middle
3rd of the AMBROSE HULL GRANT, according to the plat thereof as recorded in Map Book 8, Page
125, of the Public Records of V olusia County, Florida being described as follows: Commence at the
Southeasterly corner of Block "F", said LOVEJOY'S 2ND SUBDIVISION; thence North 21000'00"
West, along the Easterly line of said Block "F", a distance of 1300 feet; thence South 69012'53"
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Instrumentit 2005-201161 # 7
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West, a distance of 1548.04 feet; thence South 21000'00" East, a distance of 125.65 feet for the Point
of Beginning; thence continue South 21000'00" East, a distance of 30.00 feet; thence South
69012'53" West, a distance of 12.54 feet; thence North 65047'07" West, a distance of 177.69 feet;
thence South 69012'53" West, a distance of 1631.58 feet to the Easterly line of Old Mission Road,
as now occupied; thence North 02026'47" West, along said Easterly line of Old Mission Road, a
distance of 31.61 feet; thence North 69013'32" East, a distance of 1634.07 feet; thence South
65047'07" East, a distance of 177.69 feet to the Point of Beginning.
Containing 110.66 ::t acres more or less.
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lnstrument# 2005201 It) 1 # 8
Book :!:j61 0
PanE~ :1 :-::i~)()
Diane M. Matousek
Volusia County, Clerk of Court
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