2005-O-29—L..-
07/27/2005 09:25 AM
'1 Instnaentl 2005-201154 9 1
.J Book: 5610
Page: 1603
ORDINANCE NO.2005-0-29
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT THE NORTHEAST CORNER OF U.S.
HIGHWAY NO.1 AND JONES FISH CAMP 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. David O. Lind, owner and applicant for the David O. Lind Revocable Living Trust
for property located at the Northeast comer of U.S. Highway No. 1 and Jones Fish Camp Road,
within Volusia County, Florida. Subject property contains approximately 4.1 ± acres.
i 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 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 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 of the Charter ofthe 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.
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Ins t rument# 2005 - 20 1164 # 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.
PARTF.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on
the first reading 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
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Instmuoentl 2005-201164 l 4
Book_ 5610
Page: 1606
After Motion b}Councilwoman Lichter and Secondby councilman Vincenzi
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 y
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 18th day of July, 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
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2005-0-29
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: e
Donald A. Schmidt
Mayor
Robin . Matmii&
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this I8th day
of July, 2005 under Agenda Item No. 6c
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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.
Parcel # 1 :
The East 100 feet of Lot 3, Plat of Riverfront Estates Unit No.2, according to the map or plat
thereof, as recorded in Map Book 19, page 31, of the Public Records of Vol usia County, Florida.
And
Parcel #2:
Lots 1, 2, and 3, except the Easterly 100 feet of Lot 3, Plat of Riverfront Estates Unit No.2,
according to the map or plat thereof, as recorded in Map Book 19, Page 31, of the Public Records
of Vol usia County, Florida.
Containing 4.1 i: acres more or less.
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Instrument# 2005-201164 # 6
Book: 5610
"'fIlII Page: 1608
Diane M. Matousek
Volusia County, Clerk of Court
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