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ORDINANCE NO. 2001-0-04
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 441 SKYWAY DRIVE, EDGEWATER,
FLORIDA, VOL USIA COUNTY, INTO THE CITY OF
EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF CITY OF EDGEWATER CORPORATE
LIMITS; PROVIDING FOR FILING WITH THE CLERK OF
THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOL USIA
COUNTY PROPERTY APPRAISER AND THE
DEP ARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Patricia C. Johnson, authorized agent for Aero Park Condominium Association, is
requesting annexation of certain real property located at 441 Skyway Drive, Edgewater, Florida
which is located within V olusia County, Florida. Subject property lies South of Park A venue and
West of Massey Ranch Boulevard (now in City) and contains approximately 2.50 acres more or less.
2. The owner has voluntarily petitioned 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 1 of the City of Edgewater are hereby designated
to include the property described herein.
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5. During the meeting on April 12, 2000, the Planning and Zoning Board reviewed the
(41'.0
ro l!1 petition and recommended by a vote of 7 to 0 that the property be annexed into the City.
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'.:t t'1 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
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 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 ofthe 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 ofthe 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.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART E.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
the first reading/public hearing of this ordinance held on April 16, 2001, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
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After Motion by (_ ._ / - / , and Second byi;- -�.� , the vote on the second
reading/public hearing of this ordinance held on May 7, 2001, was as follows:
AYE NAY
Mayor Donald A. Schmidt
_
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this 7' day of May, 2001.
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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CITY COUNCIL OF THE
CITY OF EDGEAW/AT/E,��R//FLORRIDA
By: (a ti(pS..t (
Donald A. Scmidt
Mayor
lJ'1Y�1�i. J� mQ�J_cl�tB�t'(
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this
day of 20 under
Agenda Item o. ("#
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EXHIBIT A
LEGAL DESCRIPTION
Lot 5, MASSEY RANCH AIR PARK being an unrecorded subdivision and being described as
follows:
A part of U. S. Lot 4, Section 31, Township 17 South, Range 34 East being more
particularly described as follows:
Commence at the Southeast comer of U. S. Lot 4, Section 31,
Township 17 South, Range 34 East; thence S 69015'31" W along the
Southerly line of said U. S. Lot 4, a distance of232.13 feet; thence N
06045'31" W, a distance of 302.36 feet for the POINT OF
BEGINNING; thence S 69015'31" W, a distance of 477.46 feet;
thence N 20046'36" W, a distance of215.90 feet; thence N 69015'31"
E, a distance of 531.35 feet; thence S 06045'31" E, a distance of
222.49 feet to the Point of Beginning. Containing 2.50 acres, more
or less.
The Westerly 75.00 feet of the above described property subject to a
road easement together with the right to use said road easement being
described as follows: A 75.00 foot road easement being a portion of
U. S. Lot 3, Section 31, Township 17 South, Range 34 East lying
Southerly of Park A venue a 60 foot R/W as now laid out and being
more particularly described as follows: Commence at the Southeast
comer of said U. S. Lot 4; thence S 69015'31" W along the Southerly
line of said U. S. Lot 4, a distance of232.13 feet; thence N 06045'31"
W, a distance of 51.33 feet; thence S 69015'31" W, a distance of
416.65 feet; thence N 20046'36" W, a distance of 125.00 feet for the
Point of Beginning; thence continue W 20046'36" W, a distance of
1030.77 feet; thence N 66047'27" E, a distance of75.07 feet; thence
S 20046'36" E, a distance of 1034.00 feet; thence S 69015'31" W, a
distance of75.00 feet to the Point of Beginning. The Easterly 100.00
feet measured at right angles to the Easterly line of the above
described Lot 5 subject to a 100 foot taxiway.
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CITY OF EDGEWATER