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0 P1 rstnaeMi 2005-150205 = 1
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Page: 1100
`S ORDINANCE NO.2005-0-19
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED EAST OF U.S. HIGHWAY NO.1 AND SOUTH OF
RIVERPARKBOULEVARD, VOLUSIACOUNTY,INTOTHE
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
9FIf, 11) deteaninations:
1. River Club- Seagate Investments, LLC, owner and applicant ofproperty located East
of U.S. Highway No. 1 and South of River Park Boulevard, within Volusia County, Florida. Subject
property contains approximately 41.891 ± acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
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 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 Edgewater 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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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 Lichter and Second by Councilwoman Rhodes, 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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After Motionby Councilman Brown and Seeondby Councilwoman Lichter
the vote on the second reading/public hearing ofthis 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
PASSED AND DULY ADOPTED this 6th day of June, 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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CITY COUNCIL OF THE
CITY OF EDGE�JWAAT,ERR, FLORIDA
Donald A. Schmidt
Mayor
R1�o,blin aYtusick LLaJL 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 p .
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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 portion of the South 970.0 feet of the North 2872.6 feet of Lot 3, and a portion ofthe South 970.0
feet of the North 1940.0 feet of Lot 7, and a portion of the South 970.0 feet of the North 2090.0 feet
of Lot 11, Assessor's Subdivision of C. E. McHardy Grant, in Sections 37 and 39, Township 18
South, Range 34 East and Township 18 South, Range 35 East, according to Plat thereof recorded in
Map Book 3, Page 152 ofthe Public Records of Vol usia County, Florida including all riparian and
littoral rights thereunto.
More particularly described as follows:
Beginning at the Northwest comer of Lot 3, Block 1 (one) of Water Front Park as recorded in Map
Book 11, Page 251 Public Records of Vol usia County, Florida, said point being the POINT OF
BEGINNING; thence North 18034'40" West along the East Right of Way of U.S. Highway #1, a
distance of 854.01 feet to the point of curvature of a curve concave westerly having a radius of
5827.65 feet and, a central angle of 00008'12"; thence run along the arc of said curve a distance of
13.90 feet to a point 100.00 feet South of the centerline of River Park Boulevard as shown on the
Corrected Plat of River Park Mobile Home Colony Section 1 (one) as recorded in Map Book 28,
Page 4 of the Public Records of Vol usia County, Florida; thence North 68044'20" East along a line
parallel to said Boulevard a distance of 300.25 feet to the West line of Lot l-C as shown on said
Corrected Plat of River Park Mobile Home Colony Section 1 ; thence South 18034'40" East along the
rearline of Lots l-C, 119, 120, 121, 122 and a prolongation of said line for a distance of361.91 feet;
thence North 42043'20" East, a distance of 114.00 feet; thence North 18034'40" West, a distance of
1.53 feet to the South Right of Way line of Oak Street as recorded in said plat of River Park Mobile
Home Colony Section 1; thence North 68044'20" East along said South Right of Way line and a
prolongation thereof for a distance of 1,250.14 feet; thence North 18034'40" West, a distance of
150.28 feet to the Southwest comer of the Sewer Treatment Plant Site as shown on said plat of River
Park Mobile Home Colony Sectionl; thence continue North 18034'40" West along the West line of
said Sewer Treatment Plant Site 220.24 feet to the South line of the Drainage Canal Right of Way
as shown on said plat of River Park Mobile Home Colony Section 1; thence North 68044'20" East
along said South line, a distance of 827.85 feet to the Westerly bank of the Indian River North;
thence Southerly along said Westerly bank the following courses and distances; South 50046'50"
East, a distance of 42.21 feet; thence South 13008'00" East, a distance of 36.19 feet; thence South
11047'30" West, a distance of 68.22 feet; thence South 18056'41" East, a distance of 165.46 feet;
thence South 34046'41" East, a distance of 107.15 feet; thence South 77035'49" East, a distance of
28.05 feet; thence South 39025'19" East, a distance of 77.83 feet; thence South 32059'18" East, a
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distance of 150.02 feet; thence South 24034'01" East, a distance of 154.24 feet; thence South
00040'25" West, a distance of 88.54 feet; thence South 13006'28" West, a distance of 66.18 feet;
thence continue South 13006'28" West for a distance of2.35 feet to a point on the North line of Lot
1 (one) of Water Front Park Unit No.2 as recorded in Map Book 8, Page 228 of the Public Records
of Vol usia County, Florida; thence South 68045'58" West along the North line of said Water Front
Park Unit No.2 and the aforesaid Water Front Park a distance of2,533.85 feet to the POINT OF
BEGINNING.
Containing 41.891 ::!: acres more or less.
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Diane M. Matousek
Volusia County, Clerk of Court
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