2005-O-1607/27/2005 09:25 M
I lct ruerlt1 2005-201162 1 1
Book: 5610
Page: 1-991
ORDINANCE NO.2005-0-16
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED NORTH OF JONES FISH CAMP ROAD AND
WEST OF THE INDIAN RIVER, 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. River Colony, Inc., owner and applicant for property located North of Jones Fish
r✓`J�o, Camp Road and West ofthe Indian River, within Volusia County, Florida. Subjectproperty contains
approximately 4.22 ± 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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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 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 ofthe 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 ofthe Charter of the City of Edgewater, 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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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.
PARTF.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Vincenzi, the vote on
the first reading ofthis 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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AfterMotionby Councilman vincenzi andSecondby Councilwoman Rhodes ,
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 x
Councilman James P. Brown _ Absent
Councilman Dennis Vincenzi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 18th day of July, 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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2005-0-16
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CITY COUNCIL OF THE
CITY OF E
JDGEWATER, FLORIDA
By: 7�yb
Donald A. 9clunidt
Mayor
(:�C 7nr.r,Fl..n,�4
Robin LMatusick T
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 F .
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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.
A parcel ofland in Lots 35 and 36 and filled land lying East of Lot 36, RIVERFRONT ESTATES
UNIT 2, as recorded in Map Book 19, Page 31 of the Public Records of Vol usia County, Florida,
described as follows:
Begin at the SW comer of Lot 35 RIVERFRONT ESTATES UNIT 2, as recorded in Map Book 19,
Page 31 ofthe Public Records of Vol usia County, Florida; thence along the Westerly line of said Lot
35, on an assumed bearing run N 22044'32" W, 319.82 feet; thence N 69016'01" E, 633.63 feet to
a point on the existing shoreline of the Indian River North; thence along the meanders of said
shoreline the following courses and distances, S 11051'56" E, 50.58 feet; thence S 04022'24" E, 62.38
feet; thence S 35002'40" W, 52.93 feet; thence S 02035'13" W, 88.75 feet; thence S 56049'20" E,
35.84 feet' thence S 16014'06" E, 50.88 feet; thence S 20024'24" E, 23.60 feetto a point on the South
line of aforesaid Lot 36; thence along said South line of Lot 36 and the South line of Lot 35, S
69046'32" W, 535.15 feet to the POINT OF BEGINNING, TOGETHER WITH, any and all
accretions, riparian and littoral rights appertaining thereto.
Containing 4.22 j: acres more or less.
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