2005-O-3307/27/2005 08:31 AM
OInstruentt 2W5-200957 It 1
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Page: 697
ORDINANCE NO.2009-0-33
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED SOUTH OF 35TR STREET, QUEEN PALM DRIVE,
EAST OF TRAVELERS PALM DRIVE AND WEST OF
NEEDLE PALM DRIVE, 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. Marcia E. Barnett, agent and applicant for Hope and Tony Pawlak, owners ofproperty
located South of 356 Street, Queen Palm Drive, East of Travelers Palm Drive and West of Needle
i,
Palm Drive, within Volusia County, Florida. Subject property contains approximately 9.91 ±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 June 8, 2005, the Board
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recommended by a vote of 7 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.
I. 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 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 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
Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia
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.
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 Councilman Vincenzi and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on June 20, 2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
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IrlStruent# 2005-200957 i 4
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After Motion byc..,..,,.II.....m,.. Rh,.ava andSecondby 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 %
Councilwoman Harriet E. Rhodes —X
Councilwoman Judy Lichter —
PASSED AND DULY ADOPTED this 18th day of July, 2005.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
r
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
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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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 H .
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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 #8414-04-02-0010:
Lots I through 15 Inclusive, Block 2, Washington Park Subdivision, Unit 6 (also known as "Part VI"
or "Part 6"), according to the Plat thereof as recorded in Map Book 11, Page 73, of the Public
Records of Vol usia County, Florida.
Together with the adjoining right-of-ways for Miami A venue, Grove Street, Ridge Avenue and Park
Street.
PARCEL #8414-04-05-0010:
Lots 1 through 19 Inclusive, Block 5, Washington Park Subdivision, Unit 6 (also known as "Part
VI"or "Part 6"), according to the Plat thereof as recorded in Map Book 11, Page 73, of the Public
Records of Vol usia County, Florida.
Together with the adjoining right-of-ways for Grove Street, Miami Avenue, Maple Street and Ridge
A venue.
PARCEL #8414-04-11-0010:
Lots 1 through 27 Inclusive, Block 11, Washington Park Subdivision, Unit 6 (also known as "Part
VI" or "Part 6"), according to the Plat thereof as recorded in Map Book 11, Page 73, of the Public
Records of Vol usia County, Florida.
Together with the adjoining right-of-ways for Bay Street, Miami Avenue, Oak Street and Ridge
A venue.
Containing 9.91 ::!:: acres more or less.
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