2005-O-1509/2r/2005 03:33 P11
O O InstnaerrU 21X15-266663 t 1
Book: 5661
Page: 4259
ORDINANCE NO.2005-0-15
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED NORTH OF GODFREY ROAD AND EAST OF U.S.
HIGHWAY NO. 1, 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,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. James C. Carder, owner and applicant for property located North of Godfrey Road
b
and East of U.S. Highway No. 1, within Volusia County, Florida. Subject property contains
approximately 24.265 ± 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.
5. During the Planning and Zoning Board meeting on May 11, 2005, the Board
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2005-0-15
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Instrument# 2005..256663 # 2
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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 "BOO, 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 "BOO.
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 ofthis 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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2005-0-15
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Instrument# 2005-266663 # 3
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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 Councilwoman Lichter, 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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Instrument# 2005--266563 # 4
Book: 56(31
Pa~]e: 42G2
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During the June 6, 2005 Council meeting, and after a Motion by Councilwoman Rhodes and
Second by Councilwoman Lichter, the second reading/public hearing of this ordinance was
continued until September 12,2005.
After Motion by Councilwoman Lichter and Second by Councilman Vincenzi , the
vote on the second reading/public hearing of this ordinance held on September 12,2005, 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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2005-0-15
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Instrunentt M-26M t 5
0Book: 5661
Page: 4263
PASSED AND DULY ADOPTED this 12th day of September, 2005.
ATTEST:
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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2005-0-15
CITY COUNCIL OF THE
CITY OF EDG�E/gWATER,rFLORIDA
Ry. r,,,' _ �h
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 12th day
of September, 2005 under Agenda Item No.
6 D .
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Instrurnent# 2005-266663 # 6
Book: 56(31
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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.
The Westerly 1350.00 feet of the South 771.3 feet of the North 1731.3 feet, of the Jane Murray
Grant, in Sections 48 and 49, Township 18 South, Range 34 East, lying East of U.S. Highway No.
1 and the Westerly 1350.00 feet of the North 10 feet, of Waterway Park, Section No.1, according
to the plat thereof recorded in Map Book 19, Page 263, Public Records of Vol usia County, Florida,
and also described as the Westerly 1350 feet of the North 10 feet of Waterway Park, Section 1, as
replatted in Map Book 19, Page 269, Public Records of Vol usia County, Florida. The said Westerly
1350 feet of the North 10 feet, being that strip of land lying immediately North of Godfrey Road.
And a portion of the Westerly 1350.00 feet of the Jane Murray Grant, in Sections 48 and 49,
Township 18 South, Range 34 East, lying East of U.S. Highway No.1 and lying immediately North
of the North line Waterway Park, Section No.1, according to the plat thereof recorded in Map Book
19, Page 263, Public Records of V olusia County, Florida and lying South of South line of the North
1731.3 feet of said Jane Murray Grant all of the above being more particularly described as follows:
Commence at an intersection of the Easterly right-of-way of U.S. Highway No.1 with the Northerly
line of the Jane Murray Grant aforesaid, thence S 22050'41" E, 960.32 feet along said Easterly right-
of-way to the North line ofthe South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant,
aforesaid and the Point of Beginning; thence N 69000'39" E along said North line for a distance of
1350.00 feet; thence departing said North line and parallel to the Easterly right-of-way line of said
U.S. Highway No. 1, S 22050'41" E 784.79 feet to the North line of Godfrey Road, a 50 footright-of-
way as now laid out; thence along the said Northerly right-of-way line of Godfrey Road S 69007'57"
W, a distance of 1350.10 feet, to the Easterly right-of-way of U.S. Highway No.1 aforesaid, thence
along the said Easterly right-of-way of U.S. Highway No.1, N 22050'41" W, a distance of781.92
feet to the Point of Beginning.
Containing 24.265 .:!:: acres more or less.
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Instrument# 2005.266663 #1
Boc)k: !:if)() 1
F},,]Cic~: 42f3~)
Diane M. Matousek
Volusia County, Clerk of Court
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