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ORDINANCE NO. 2001-0-02
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCA TED WEST OF U. S. HIGHWAY NO.1 AND NORTH
AND SOUTH OF VOLCO ROAD, VOLUSIA COUNTY, INTO
THE CITY OF EDGEW ATER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF CITY OF EDGEW A TER 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
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Edgewater Lakes Partners, LLC, are the contract purchasers of certain real property
located West of U. S. Highway No.1 and North and South of Volco Road in Volusia County,
Florida, containing approximately 449 .:!: acres more or less.
2. The owner has voluntarily petitioned the City of Edge water 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 meeting on February 14,2001, the Planning and Zoning Board reviewed
the petition and recommended by a vote of 7 to 0 that the property be annexed into the City.
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NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
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PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF
EDGEWATER, FLORIDA.
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1.
Pursuant to Section 171.044, Florida Statutes, that certain real property described in
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001 Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
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Iolom 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 above and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, 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.
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
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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.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART E.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Brown, the vote on the
first reading/public hearing of this ordinance held on March 19,2001, was as follows:
AYE NA Y
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter ABSENT
After Motion by Ccu-.- fl: - ~ and Second by ~L- R1-L
the vote on the second reading/public hearing of this ordinance held on April 2, 2001, was as
follows:
AYE
NAY
Mayor Donald A. Schmidt
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Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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.f;,t PASSED AND DULY ADOPTED this 2nd day of April, 2001.
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For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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2001-0-02
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CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By: /] f)/-
CI~A.~~v,,_~.,
Mayor- Vi c.e
~hYl r'r-{:)':tlJ N'f' K
Robin L. Matusick I
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this 2..
day of ---A ~ ' 2001 under
Agenda Item o. CA-.
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EXHIBIT "A"
~ ~ LEGAL DESCRIPTION
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..:j N The following described real property all lying and being in the County of V olusia and State of
Florida.
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o err That part of Section 48, Township 18 South, Range 34 East, being part of the Jane Murray Grant,
o Iti lying Westerly of U. S. Ho. 1 Highway as now laid out. (Note: the "Jane Murray Grant" in its
iIlCl. entirety, consists solely of all of Sections 48 and 49 of Township 18 South, Range 34 East, as
clarified by Final Decree of the Circuit Court, Seventh Judicial Circuit, V olusia County, Florida,
filed December 5, 1916, at Minute Book 9, Page 116).
Excepting therefrom, a parcel ofland described as follows: Begin at the intersection of the West line
ofU. S. No.1 Highway and the North line of said Murray Grant; thence along said Murray Grant
S 68 Degrees 31' 56" W 1005.8 feet; thence S 22 Degrees 49' 26" E 1732.2 feet; thence N 68
Degrees 31' 56" E 1005.8 feetto the West Right-of-Way ofU. S. No.1 Highway; thence along said
West Right-of-Way N 22 Degrees 49' 26" W 1732.3 feet to the Point of Beginning, containing 40
acres more or less.
And excepting therefrom, that portion of the South ~ ofthe North 52.465 chains of the East 8 chains
of Section 48, Township 18 South, Range 34 East lying Westerly of said U. S. No I Highway; the
West line of this exception being clarified by Final Decree of the Circuit Court, Seventh Judicial
Circuit, Volusia County, Florida, filed July 25, 1945, at Chancery Order Book 94, Page 516 as
opposed to the undefinable West line of that certain metes and bounds description found in that same
Final Decree.
And excepting therefrom the Florida East Coast Railway, a 100 foot Right-of-Way.
And excepting therefrom the VoIco Road Right-of-Way as may be claimed by Volusia County,
Florida.
TOGETHER WITH:
u. S. Lot 2, Section 14, Township 18 South, Range 34 East excepting therefrom the East 330 feet
of the West 660 feet of the North 660 feet and excepting therefrom the Volco Road Right-of-Way
as may be claimed by Volusia County, Florida.
TOGETHER WITH:
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U. S. Lots 3 and 4, Section 14, Township 18 South, Range 34 East.
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'..oce Said Parcel containing 449.89 acres, more or less.
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Boale:: 4666
C3age: 2390
'ane H, 11atouse~:
Volusia Coun1Y~ Clerk of Court
EXHIBIT "B"
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