2005-O-44
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09/27/2005 03:23 PH
Instrument# 200~J25661:) if 1
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ORDINANCE NO. 2005-0-44
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 3609 and 3625 SOUTH US HIGHWAY NO.1,
INCLUDING THE VACANT PARCELS TO THE NORTH AND
EAST, VOLUSIA COUNTY, INTO THE CITY OF
EDGEW A TER, 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 FORAN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Visconti Construction, LLC, as agent and applicant for Bob Seifert/Diversified
Flooring, Inc., owners of property located at 3609 and 3625 South US Highway No.1, including the
vacant parcels to the north and east, within Volusia County, Florida. Subject property contains
approximately 2.44 :t 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.
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2005-0-44
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Instrumentlt 2005-266615 # 2
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5. During the Planning and Zoning Board meeting on August 9, 2005, the Board
recommended by a vote of 5 to 0 that the property be annexed into the City of Edgewater.
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 of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries ofthe 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 2.0 I 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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2005-0-44
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InstrumenU 2005-26(.\(115 # 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 Councilman Brown and Second by Councilwoman Lichter, the vote on the
first reading of this ordinance held on August 15,2005, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis Vincenzi
ABSENT
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
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2005-0-44
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InstrLmmt# 2005-266615 t 4
Book: 5661
V Page: 4097
AtterMOtiOnbyCouncilwoman Rhodes and Secondby Councilwoman Lichter
the vote on the second reading/public hearing of this ordinance held on September 12, 2005, was as
follows:
AYE NAY
Mayor Donald A. Schmidt
a
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
PASSED AND DULY ADOPTED this 12th day of September, 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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2005.0-44
0
CITY COUNCIL OF THE
zlju�
CCIITTYOF EDGEEWATER, FLORIDA
llooald A. Schmidt
Mayor
C�—' ' ClZ� itLAcw
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 12th day
of September, 2005 under Agenda Item No.
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Instrument# 2005-26661:) # ~i
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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 15, 16, 17, 18, 19,20 and 21, Re-Subdivision of Waterway Park, Sec 1, according the plat
recorded in Map Book 19, Page 269, Public Records of V olusia County, Florida. Also Lots 115,
116, 117, 118, 119 and 120, Waterway Park, Sec #2, according to the plat recorded in Map Book 19,
Page 270, of the Public Records of Vol usia County, Florida.
Containing 2.44 .:t acres more or less.
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2005-0-44
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Diane M. Matou Clerk of Court
Volusia County,
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