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ORDINANCE NO.2005-0-14
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AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
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LOCATED WEST OFU. S. HIGHWAY#1 ANDNORTHWEST
OF WILLIAM STREET, VOLUSIA COUNTY, INTO THE
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CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE
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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 FORAN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Glenn D. Storeh, P.A. is the agent and applicant for properly owned by Alice
Margaret Murray Trustee and Adkins Holding, LTD with contract purchaser as Forte Macaulay and
located West of U.S. Highway #1 and Northwest of William Street, within Volusia County, Florida.
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M Subject property contains approximately 80.97 ± 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.
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5. During the Planning and Zoning Board meeting on May 11, 2005, the Board
recommended by a vote of 6 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 ofthe 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
Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia
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.
StI tick till OtI~h 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.
PARTD.
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 Councilman Vincenzi and Second by Councilwoman Licther, the vote on
the first reading of this ordinance held on May 16,2005, 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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2005-0-14
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After MotionbyCouncilwoman Rhodes and Second by Councilwoman Lichter ,
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LO M the vote on the second reading/public hearing of this ordinance held on June 6, 2005, was as follows:
z AYE NAY
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p a Mayor Donald A. Schmidt x
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Councilman James P. Brown x
Councilman Dennis Vincenzi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 6th day of June, 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
Shock flu passages aredeleted.
Underlined passages are added.
2005-0-14 4
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: �
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 6th day of
June, 2005 under Agenda Item No. 6 s
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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.
That part of the South Y2 of the Southeast 1/4 of Section 24, Township 18 South, Range 34 East,
lying East ofFEC Railroad right-of-way, and that part of Section 19, Township 18 South, Range 35
East, lying West of U.S. No.1 Highway and East of said South Y2 of Southeast 1/4 of Section 24,
Township 18 South, Range 34 East, except the Northerly 250 feet.
and
The Northerly 250 feet of that part of the South Y2 of the Southeast 1.4 of Section 24, Township 18
South, Range 34 East, lying East ofFEC Railroad right-of-way and that part of Section 19, Township
18 South, Range 35 East, lying West ofU. S. Highway No.1 and East of said Northerly 250 feet of
the South 1.2 of the Southeast 1.4 of Section 24, Township 18 South, Range 34 East, also described
as the North 250 feet of the Southwest 1/4 of the Southwest 1/4 of Section 19, Township 18 South,
Range 35 East, lying West ofD.S. Highway No.1 right-of-way.
Containing 80.97 :!: acres more or less.
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Underlined passages are added.
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Diane M. Matousek
Volusia County, Clerk of Court
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