2005-O-4108/24/2005 03:36 PH
O QInstnmmt1 2005-232374 1 1
Book: 5634
Page: 3633
ORDINANCE NO.2005-0-41
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED SOUTH OF 35" STREET AND PINE TREE
DRIVE, VOLUSIA COUNTY, INTO THE CITY OF
EDGEWATER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
4- PJ PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEWATER
I/ 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 Steven and Jeffrey Krischer, owners of
property located South of 35" Street and Pine Tree Drive, within Volusia County, Florida. Subject
n
properly contains approximately 1.51 ±acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. Theproperty 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 properly described herein.
5. During the Planning and Zoning Board meeting on July 13, 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 EDGEWA 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 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 V olusia 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 Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on
the first reading 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
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2005-0-41
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Instruaentt 2005-232374 ! 4
Book: 5634
Page: 3636
After Motion by Councilwoman Lichter andSecondby Councilman Vincenzi
the vote on the second reading/public hearing of this ordinance held on August 1, 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 1 st day of August, 2005.
a'I'lli.4T: ,
Rusan.1. Wadsnnrth
Cite Clcrli
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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2005-041
4
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
ByS 4� onald A. Schmidt
Mayor
���
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 1 st day of
August, 2005 under Agenda Item No. 6 a .
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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.
Lots 1 through 10, Block 10 Inclusive, 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.
Containing 1.51 i: acres more or less.
Together with the adjoining right-of-ways for Palm Avenue, Bay Street, Miami Avenue and Oak
Street.
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