2005-O-1807/27/2005 09:25 M
C O IrstrLmentâ–º 2005-201163 e 1
Book: 5610
Page: 1597
ORDINANCE NO.2005-0-18
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 1155 OLD MISSION ROAD, 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. Rodney Jones, agent and applicant for Audrey F. Putnam and Calvin R. Putnam,
owners of property located at 1155 Old Mission Road, within Volusia County, Florida. Subject
ha property contains approximately .68 ± 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 I 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
recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater.
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Book: 5610
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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 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. Pursuantto 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.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
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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 Councilwoman Lichter and Second by Councilman Brown, the vote on the
first reading of this ordinance held on June 6, 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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2005-0-18
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InstnAentl 2005-201163 B 4
OBook: 5610
Page: 1600
AfterMOtionby Councilwoman Rhodes andSecondby Councilwoman Lichter
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 x
PASSED AND DULY ADOPTED this 18th day of July, 2005.
A I'FSr: CITY COUNCIL OF THE
4 CITY OF EDGEWATER, FLORIDA
Susan J. Radstrorth Donald A. Schmidt
City Clerk Mayor
Robin L. Matusick
w Legal Assistant/Paralegal
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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2005-0-18 4
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 part of Block "D" of the James Lupe Subdivision, per Map Book 2, page 33, Public Records of
Volusia 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 of the East line of Block D, a distance of220.1 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.
Containing .68 :!: acres more or less.
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2005-0-18
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