2001-O-29
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ORDINANCE NO. 2001-0-29
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 90-0-18; BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP TO INCLUDE PROPERTY AS INDUSTRIAL
WITH CONSERVATION OVERLAY TO REFLECT
ANNEXATION; PROVIDING FOR PUBLICATION;
PROVIDING FOR HOLDING PUBLIC HEARINGS;
PROVIDING FOR TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEP ARTMENT OF COlVIMUNITY AFFAIRS, THE VOLUSIA
GROWTH MANAGEMENT COMlVIISSION, VOLUSIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGElVIENT DISTRICT, THE
DEP ARTMENT OF ENVIRONMENTAL PROTECTION, THE
FLORIDA DEPARTMENT OF TRANSPORTATION AND
ANY OTHER UNIT OF LOCAL GOVERNlVIENT OR
GOVERNlVIENTAL AGENCY THAT HAS REQUESTED A
COPY OF THE PLAN AMENDMENT; PROVIDING FOR
CONFLICTING ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
Whereas, from time to time it becomes necessary to amend the City of Edgewater
Comprehensive Plan, and
Whereas, a Public Hearing on the question of establishing future land use designations of
the properties hereinafter described has been duly held in the City of Edgewater, Florida and at such
hearing, interested parties and citizens for and/or against the proposed establishment of the future
land use designations were heard; and
Whereas, such amendments are permitted subject to the provisions of Chapter 163, F.S. and
Rule 9J-11, F.A.C.
Whereas, the Planning and Zoning Board, sitting as the City's Local Planning Agency, held
an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2000), on
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Wednesday, April 11, 2001, on the proposed Plan Amendments and following that Public Hearing
voted and recommended that the City Council approve the aforesaid Amendments to the City's
1990 Comprehensive Plan; and
Whereas, the City Council feels it is in the best interests of the citizens of the City of
Edgewater to amend its 1990 Compreherisive Plan as more particularly set forth hereinafter.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGE"WATER, FLORIDA:
PART A.
AMENDMENT.
That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as
amended and supplemented said Article adopting the Comprehensive Plan of the City of Edge water,
Florida regulating and restricting the use oflands located within the City of Edge water, Florida, be,
and the same is hereby amended by this plan map amendment number 21 to: Amend the Official
Future Land Use Map to include property as Industrial with Conservation Overlay to reflect
annexation of property as described in Exhibit 21.
PART B.
PUBLICATION.
That the notice of this proposed change of the Edgewater Comprehensive Plan shall be
published in the manner prescribed by 163.3184 (15) (c), Fla. Stat. (2000). The City Council shall
hold at least TWO (2) advertised Public Hearings on the proposed Comprehensive Plan
Amendments. The first publication shall appear at least SEVEN (7) days before the first Public
Hearing (Transmittal Hearing). 163.3184 (15) (b) 1., Fla. Stat. (2000). The second publication shall
appear at least FIVE (5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15)
(b) 2., Fla. Stat. (2000). The required advertisement shall be no less than two columns wide by TEN
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inches (10") long in a standard-size or tabloid-size newspaper, and the headline in the advertisement
shall be no smaller than EIGHTEEN (18) point. The advertisement shall not be placed in a portion
of the newspaper where legal notices and classified advertisements appear. The advertisement shall
be placed in a newspaper of general paid circulation in the City of Edge water, and of general interest
and readership in the municipality, not one oflimited subject matter, pursuant to Chapter 50 of the
Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is
published at least FIVE (5) days a week, unless the only newspaper in the municipality is published
less than FIVE (5) days a week. 163.3184 (15) (c) 2.b., Fla. Stat. (2000). The advertisement shall
substantially be in the following form:
Notice of Land Use Change
The City of Edgewater proposes to adopt the following ordinance:
. ORDINANCE NO. 2001-0-29
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 90-0-18; BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP TO INCLUDE PROPERTY AS INDUSTRIAL
WITH CONSERVATION OVERLAY TO REFLECT
ANNEXATION; PROVIDING FOR PUBLICATION;
PROVIDING FOR HOLDING PUBLIC HEARINGS;
PROVIDING FOR TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDlYIENT TO THE FLORIDA
DEP ARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA
GROWTH MANAGElYIENT COMMISSION, VOLUSIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
DEP ARTMENT OF ENVIRONMENTAL PROTECTION, THE
FLORIDA DEPARTMENT OF TRANSPORTATION AND
ANY OTHER UNIT OF LOCAL GOVERNMENT OR
GOVERNMENTAL AGENCY THAT HAS REQUESTED A
COpy OF THE PLAN AMENDMENT; PROVIDING FOR
CONFLICTING ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
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A public hearing on the ordinance changing the Future Land Use Map will be held on June 18,2001
at 7:00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater, Florida 32132.
(i\1ap for insertion into the advertisement is attached hereto and
incorporated herein as Exhibit "A ')
The advertisement shall contain a geographical-location map which clearly indicates the area
covered by the proposed ordinance. The map shall also include major street names as a means of
identification of the general area. 163.3184 (15) (c) & 166.041 (3) (c) 2.b., Fla. Stat. (2000).
PART C.
PUBLIC HEARINGS.
That as a condition precedent to the adoption of this ordinance amending the City's 1990
Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the
proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held
at the transmittal stage pursuant to subsection 163.3184 (15) (b), Fla. Stat. It shall be held on a
weekday at least 7 days after the day that the first advertisement is published. The second public
hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day
that the second advertisement is published. 163.3184, Fla. Stat. (2000). The Adoption Hearing shall
be held within 120 days of the Department of Community Affairs having issued its Objections,
Comments, and Recommendations Report to the City.
PART D.
TRANSMITT AL OF AMENDMENTS TO PLAN.
Immediately following the Transmittal Hearing, the City Manager or his designee shall send
SIX (6) copies ofthe proposed Plan Amendments to the Florida Department of Community Affairs,
Division of Community Planning, Plan Processing Team, and all other items specified to be
transmitted in accordance with Rule 9J-11.006, F.A.C. The City Manager or his designee shall also,
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immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendments
to the V olusia Growth Management Commission, V olusia County, Regional Planning Council, the
St. Johns River Water Management District, (Water Management District), Florida Department of
Transportation, Department of Environmental Protection and to any other unit oflocal government
or governmental agency in the State that has filed a written request with the City of Edgewater for
a copy of such plan amendments. 163.3184 (3) (a), Fla. Stat. (2000) and Rule 9J-11.006, F.A.C.
Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee
shall transmit FIVE (5) copies of the Plan Amendments and a copy of this ordinance to the
Department of Community Affairs. The City Manager or his designee shall also transmit within
TEN (10) working days a copy of the adopted Amendments to the Comprehensive Plan to the
Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St.
John's River Water Management District (Water Management District), Florida Department of
Transportation, and Department of Environmental Protection. 163.3184 (7), Fla. Stat. (2000) &
Rule 9J-11.011 (3), F.A.C.
PART E.
CONFLICTING ORDINANCES.
That all ordinances or parts thereof that are in conflict with this ordinance shall be and the
same are hereby rescinded and repealed.
PART F.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption; and either the Department
of Community Affairs entering a final order finding these Comprehensive Plan Amendments in
compliance, or the Administration Commission entering a final order finding that these
Comprehensive Plan Amendments have been brought into compliance.
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PART G.
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
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART H. ADOPTION.
After Motion by CoUncilman Brown and Second by Councilman Vincenzi, the vote on the
first reading of this ordinance held on June 18,2001 is 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 -
After Motion by Councilman Vincenzi and Second by Councilwoman Rhodes
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
---X..-
Councilman James P. Brown
x
Councilman Dennis A. Vincenzi
-L
Councilwoman Harriet E. Rhodes
x
-
Councilwoman Judy Lichter
---X..-
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PASSED AND DULY ADOPTED this 17thday of December , 2001.
ATTEST:
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
CITYOF
EE JDDGE ®WAoTEER, FLORIDA
\
Donald A. Schmidt
Mayor
Robin L. Matasick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this 17th
day of December 2001 under
Agenda Item No. 6—U
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EXHIBIT
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CITY OF EDGEWATER
COMPREHENSIVE PLAN MAP AMENDMENT
(Amendment #21)
I. GENERAL INFORMATION
A. Requested Future Land Use Change:
From - V olusia County (IndustriallLow Impact UrbanlUrban Low
Intensity/Public-Semi PubliclEnvironmental Systems Corridor)
To - Industrial with Conservation Overlay
B. Applicant: City of Edgewater
C. Owners: City of Edgewater
Massey Enterprises
William Schildecker
Joe and Mary Martin
Skyway Drive Industrial Park
William and Sue Perry
D. Location: The amendment parcel is generally located at the north end of Air Park
Road and its intersection with Park Avenue, in Section 3, the southeast
corner of the Ambrose Hull Grant, and the northeast corner of the Samuel
Betts Grant, Township 17 South, Range 34 East.
E. Acreage: 137.27 Acres
F. Existing Use of Property: The site is undeveloped west of Air Park Road. East of Air
Park Road there are several airport hanger condominiums
and vacant industrial sites associated with the airstrip.
G. Proposed Use of Property: Currently, there are no proposed changes to the existing use
of the property. The industrial sites are anticipated to intil!.
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H. Parcel Identification Number(s):
Ordinance 2000-0-01 (2.50 Condo 1: Condo 2:
acres) 8438-07-03-0010 7431-03-00-0010
8438-07-03-0020 7431-03-00-0020
Ordinance 2000-0-02 (110.59 8438-07-03-0030 7431-03-00-0030
acres) 8438-07 -03-0040 7431-03-00-0040
8438-07-03-0050 7431-03-00-0050
Ordinance 2000-0-03 (14.07 8438-07 -03-0070- 7431-03-00-0060
acres) 8438-07-03-0080 7431-03-00-0070
8438-07-03-0090 7431-03-00-0080
Ordinance 2000-0-04 (5.11 8438-07 -03-0100 7431-03~00-0090
acres) 8438-07-03-0110 7431-03-00-0100
7431-03-00-0110
Ordinance 2000-0-07 (2.50 7431-03-00-0120
acres) 7431-03-00-0130
7431-03'-00-0140
Ordinance 2000-0-08 (2.50 7431-03-00-0150
acres) 7431-03-00-0160
I. Adjacent Existing and Future Land Uses:
Adjacent Existing Use Adjacent Future Land Use
Industrial and Vacant Urban Medium Intensity, Urban
North Low Intensity, Environmental
Systems Corridor and Low Impact
Urban
Airstrip Public/Semi-Public
East
Industrial Urban Low Intensity
South
Vacant Low Impact Urban
West
11. ANALYSIS
A. Background: The parcel, east of Air Park Road, includes an area that is part of the
Massey Ranch Airpark. All of the uses that have developed on these
parcels are support uses for the airport.
B. Land Use Compatibility: The small airstrip and surrounding industrial parcels are
pre-existing development. There are no current problems or negative impacts as a result
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of the mix of uses. The proposed amendment will not change the existing conditions or
create any additional compatibility issues.
C. Adequate Public Facilities: The site is located within the City's Utility Service Area.
The City has contracted engineering services to design water and sewer line extensions
along Park Avenue to service these sites. The site has local access from both Air Park
Road and Park Avenue.
D. Natural Environment: This parcel is composed of numerous individual lots that lie
west of Air Park Road and are vegetated with a variety of mixed upland and wetland
forests. East of Air Park road, the lots are a mix of single-family residences of between 5
and lO acres and vacant industrial sites, primarily associated with the air strip. The
historic vegetative communities east of the north end of Air Park Road are sand pine
scrub and xeric/mesic pine flatwoods.
E. Consistency with Comprehensive Plan: The existing densities and development are
consistent with the proposed land uses for the parcels.
F. Other Matters: The Conservation Overlay designation will serve to protect
wetlands from negative impacts and maintain strategic habitat connections.
III. STAFF RECOMMENDATION
Staff recommends approval of the Comprehensive Plan Map Amendment of the subject site from
V olusia County (Industrial/Low Impact Urban / Urban Low Intensity / Public-Semi Public /
Environmental Systems Corridor) to Industrial with a Conservation Overlay for the following
reasons:
1. It is consistent with the City's Comprehensive Plan.
2. It is compatible with the surrounding mix of County and City land uses.
3. The existing uses of the property are consistent with the proposed designations.
4. The proposed land use will be conducive to economic development and supporting
growth ofthe airport facility.
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EXHIBIT A
LEGAL DESCRIPTION
Lot 8, MASSEY INDUSTRIAL AIRPARK, being an unrecorded subdivision and described as
follows: A part of U. S. Lot 4, Section 31, Township 17 South, Range 34 East and being more
particularly described as follows:
Commence at the Southeast comer ofU. 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 of51.33 feet; thence S
69015'31" W, a distance of 416.65 feet; thence N 20046'36" W, a distance of278.60
feet for the POINT OF BEG INNING: thence S 69015'31" W, a distance of 429.41
feet to the Easterly RJW line of Air Park Road, an 80 feet RJW as now laid out;
thence N 20046'36" W along said Easterly RJW line, a distance of253 .60 feet; thence
N 69015'31" E, a distance of 429.41 feet; thence S 20046' 36" E, a distance of253.60
feet to the POINT OF BEGINNING.
The Easterly 50.00 feet subject to a drainage easement and the Westerly 100.00 feet of the Easterly
150.00 feet of the above described property is subject to a 100.00 foot taxiway.
Site also includes an easement for joint use driveway and taxiway between Lots 8 & 9, Massey
Industrial Airpark as described and recorded in OR book 3364, Pages 0256 through 0261.
Site also includes ala foot by 10 foot easement for Florida Power & Light Company located in the
Southwest comer of said Lot 8.
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2000-0-01
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EXHIBIT A
LEGAL DESCRIPTION
ITEM #1
That portion of an irregular parcel in U. S. Lot 4, Section 32, Township 17 South, Range 34 East,
lying South of the FEC Railway Branch Line, and North of Park Avenue, a 60 foot PJW as now
exists.
ITEM #2
That portion of Lots 13 and 14 of the Subdivision of the South Third of the Ambrose Hull Grant per
Map Book 5, Page 54 (and Map Book 4, page 199 and Map Book 16, Page 165) of the Public
Records of V olusia County, Florida, lying southerly of the FEC Railway Branch Line and Northerly
of Park A venue, a 60 foot PJW as now exists, excluding that part described in that certain deed
recorded in Official Records Book 1763, Page 1645, deeded to the City of Edgewater.
ITEM #3
That portion ofU. S. Lots 3 and 4, Section 31, Township 17 South, Range 34 East, lying Southerly
of the FEC Railway Branch Line, and Northerly of Park Avenue, a 60 foot PJW as now exists.
ITElVI #4
The Westerly 803 feet of the Easterly 1023 feet of Lot 14 of the Subdivision of the South Third of
the Ambrose Hull Grant per Map Book 5, Page 54 (and Map Book 4, Page 199 and Map Book 16,
Page 165) of the Public Records of V olusia County, Florida, lying Southerly of Park Avenue, a 60
foot PJW as now exists, excluding that portion lying!Southerly of a line 550 feet Northerly of and
parallel to the South line of said Lot 14.
ITEM #5
Lot 1, I'vlASSEY INDUSTRlAL AIRPARK, being an unrecorded subdivision and described as
follows:
A part of U. S. Lots 3 and 4, Section 31, Township 17 South, Range
34 East, and being more particularly described as follows: Commence
at the Southeast comer of U. S. Lot 4, Section 31, Township 17
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2000-0-02
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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 51.33 feet; thence S 69015'31" W, a distance of 416.65
feet; thence N 20046'36" W, a distance of 836.06 feet for the Point of
Beginning; thence N 20046'36" W, a distance of 319.70 feet to the
Southerly RJW line of Park Avenue, a 60 foot RJW as now exists;
thence N 66047'27" E, along said Southerly RIW line, a distance of
713.4 7 feet; thence S 06045'31" E, a distance of 3 61.12 feet; thence
S 69015'31" W, a distance of 625.36 feet to the Point of Beginning,
containing 5.12 acres more or less.
ITElVI #6
Lot 2, MASSEY INDUSTRIAL AIRPARK, being an unrecorded subdivision and described as
follows:
A part ofU. S. Lots 3 and 4, Section 31, Township 17 South, Range
34 East and being more particularly described as follows: Commence
at the Southeast corner 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 51.33 feet; thence S 69015'31" W, a distance of416.65
feet; thence N 20046'36" W, a distance of785.80 feet for the Point of
Beginning; thence S 69015'31" W, a distance of 429.41 feet to the
Easterly RIW line of Airpark Road, a 50 foot RJW as now laid out;
thence N 20046'36" W, along the said Easterly RJW line, a distance
of351.46 feet to the Southerly RJW of Park Avenue, a 60 foot RJW
as now laid out; thence N 66047'27" E, along the Southerly RJWof
said Park Avenue, a distance of 429.80 feet; thence S 20046' 36" E,
a distance of 369.96 feet to the Point of Beginning, containing 3.56
acres more or less.
ITEM #7
All of MASSEY INDUSTRIAL AIRPARK FIRST ADDITION, unrecorded plat, Volusia County
reference # 1811, more particularly described as:
All of that portion of U. S. Lot 4, Section 31, Township 17 South;
Range 34 East as lies Southerly of Park Avenue and Westerly of
Airpark Road and the Easterly 220 feet of Lot 14 of the subdivision
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2000-0-02
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of the South Third of the Ambrose Hull Grant as recorded in Map
Book 5, Page 54 of the Public Records of Vol usia County, Florida,
lying Southerly of Park Avenue.
ITElVl #8
That portion of Lots 17 to 21 inclusive and Lots 135 and 136, Assessors Subdivision of the Samuel
Betts Grant, per Map Book 3, Page 153, of the Public Records of V olusia County, Florida, lying
Westerly ofa line 100 feet West of and parallel to the centerline of Runway 18-36 Massey Ranch
Airpark, as described in Official Records Book 4402, Page 2031, lying Southerly of a line lying 650
feet South of and parallel to the Southerly line of Lot 137 of said Samuel Betts Grant, and lying
Easterly of the Southerly prolongation of the Easterly RJW line of Myrtle A venue (now Airpark
Road) as shown on the plat ofOaklynn Cemetary per Map Book 11, Page 10, of the Public Records
of Vol usia County, Florida.
ITEM #9
Lots 200 to 221 inclusive, Lots 17 to 21 inclusive of Massey Unrecorded Subdivision #1808 and
Lots 33, 34, 35,135, 136 and 137 of the Assessors Subdivision of the Samuel Betts Grant, according
to map thereof in Map Book 3, Page 153 (and Map Book 15, Page 247-248), of the Public Records
of V olusia County, Florida, less and except that portion lying Easterly of the East R/W line of Myrtle
Avenue per plat of Oaklynn Cemetary recorded in Map Book 11, Page 10, of the Public Records of
Volusia County, Florida, and said East R/W line's Southerly prolongation and except that portion
lying Westerly of a line 754 feet West of and parallel to said East RJW line of Myrtle Avenue and
its Southerly prolongation.
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2000-0-02
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EXHIBIT A
LEGAL DESCRIPTION
Air Park Road Parcel:
Legal description regarding property owned by Red Carpet Helicopters, Inc.:
A portion of Lot 136, Assessor's Subdivision ofthe Samuel Betts Grant, according to map thereof
recorded in Map Book 3, Page 153, Public Records of V olusia County, Florida, lying Easterly of Air
Park Road, lying Northerly of a line that is 750 feet Southerly of and parallel with the Southerly line
of Lot 137, of the said Samuel Betts Grant, lying Westerly of the Westerly line of an existing 200
foot runway, all being more particularly described as follows:
As a point of reference COMMENCE at a 1 Yz inch iron pipe marking the Southeast
comer of U. S. Lot 4, Section 31, Township 17 South, Range 34 East; thence S
69015'31" W along the Northerly line of the Samuel Betts Grant, Section 54,
Township17 South, Range 34 East, as now monumented, a distance of 690.76 feet
to a PRM, said PRM being a 1 inch iron pipe and marking the Northeast comer of
Lot 137, said Assessor's Subdivision of the Samuel Betts Grant and Replatted as
Oaklynn Cemetery, according to map thereof recorded in Map Book 11, Page 10, of
the Public Records of Volusia County, Florida; thence S 20047' 27" E along the
Easterly line of said Oaklynn Cemetery, a distance of 469 .59 feet to a 1 inch iron pipe
being a PRM as shown on said Oaklynn Cemetery Plat and marking the Southeasterly
comer of said Lot 137 and for the POINT OF BEGINNING; thence S 20047'27" E
along the Southerly prolongation of the Easterly line of said Lot 137, also known as
Oaklynn Cemetery Plat, a distance of230.00 feet; thence N 69013'38" E and parallel
with the Southerly line of said Lot 137, a distap.ce of283 .86 feet to the Westerly line
of an existing 200 foot runway; thence S 06045'31" E along said Westerly line a
distance of 535.95 feet; thence S 69013'38" W, a distance of 529.39 feet to the
intersection of the Southerly prolongation of the Easterly line of Myrtle Avenue, now
known as Air Park Road said Myrtle Avenue shown on Oaklynn Cemetery Plat;
thence N 20045'34" W along said prolongation, a distance of 750.00 feet to the
Southerly line of said Lot 137; thence N 69013 '3 8" E along said Southerly line, a
distance of375.07 feet to the Point of Beginning.
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Pursuant to that Special Warranty Deed recorded in the Public Records of V olusia County, Florida
on April 18, 1995, and located in Official Records Book 3997, Pages 4570 through 4572.
Skyway Drive Parcel:
Legal description regarding property ovvned by Skyway Drive Industrial Park Corporation:
Lot 3, MASSEY INDUSTRlAL AIRPARK, being an unrecorded subdivision and being described
as follows:
A part of U. S. Lot 4, Section 31, Township 17 South, Range 34 East, and 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 South 69015'31" West, along the Southerly line of said U. S.
Lot 4, a distance of232.13 feet; thence North 06045'31" West, a distance of726.76
feet for the Point of Beginning; thence South 69015'31" West, a distance of 580.26
feet; thence North 20046'36" West, a distance ofl80.65 feet; thence North 69 0 15'31"
East, a distance of 625.36 feet; thence South 06045'31" East, a distance of 186.17
feet to the Point of Beginning.
Lot 4, MASSEY INDUSTRlAL AIRPARK, being an unrecorded subdivision and being described
as follows:
A part of U. S. Lot 4, Section 31, Township 17 South, Range 34 East, Volusia
County Florida, and being more particularly described as follows:
Commence at the Southeast comer ofU. S. Lot 4, Section 31, Township 17 South,
Range 34 East, V olusia County, Florida, thence South 69015'31" West along the
Southerly line of said U. S. Lot 4, a distance of232.13 feet; thence North 06045'31"
West, a distance of 524.85 feet for the Point of Beginning; thence South 69015'31"
West, a distance of 531.35 feet; thence North 20046'36" West, a distance of 195.93
feet; thence North 690 15'31" East, a distance of580.26 feet; thence South 06045'31"
East, a distance of201.91 feet to the Point of Beginning.
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Said Lots 3 and 4 together with the right to use a road easement being described as follows:
A 75.00 foot road easement being a portion of U. S. Lots 3 and 4, Section 31,
Township 17 South, Range 34 East, V olusia County, Florida, lying Southerly of Park
Avenue, a 60 foot right of way as now laid out and being more particularly described
as follows:
Commence at the Southeast comer of said U. S. Lot 4; thence South 69015'31" West
along the Southerly line of said U. S. Lot 4, a distance of232.13 feet; thence North
06045'31" West a distance of51.33 feet; thence South 69015'31" West, a distance of
416.65 feet; thence North 20046'36" West, a distance of 125.00 feet for the Point of
Beginning; thence continue North 20046'36" West, a distance of 1030.77 feet to the
Southerly right of way line of Park Avenue, a 60 foot right of way as now laid oUr,
thence North 66047'27" East along said right of way a distance of75.07 feet; thence
South 20046'36" East, a distance of 1034.00 feet; thence South 69015'31" West, a
distance of75.00 feet to the Point of Beginning.
There is hereby expressly reserved unto Grantor, its, heirs, executors, administrators and assigns, an
assignable, perpetual and exclusive easement and right-of-way for an airport taxiway, for drainage
and utilities and for any other lawful purpose across the following described portion of the property
conveyed in this deed:
The Easterly 100 feet of the above described parcel lying adjacent to and Westerly
of the 200 foot runway; and a 25 foot wide existing drainage ditch adjacent to and
Southerly of the 283.86 foot line referred to above; and the Southerly 100 feet ofthe
above described parcel as measured parallel to the Southerly line of Lot 137 of said
Samuel Betts Grant.
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EXHIBIT A
LEGAL DESCRIPTION
A 5.11 acre parcel lying in AMBROSE HULL GRANT, Section 53, Township 17 South, Range 34
East, South of the Florida East Coast Railway Branch line FJW (150') and North of Park Avenue,
a 60 foot R/W (proposed) and West of East line of City of Edgewater well field. As described in a
deed from 1. Max Massey and wife to City of Edgewater per Official Records Book 1611, Page 422
of the Public Records of V olusia County, Florida, being more particularly described as follows:
Commence at the Point of Intersection of the West line of the
AL V AREZ GRANT, Section 52, Township 17 South, Range 34 East
and the centerline of the Florida East Coast Railway Branch Line (as
mentioned above); thence S 6r06' W along the said centerline of the
Florida East Coast Railway for a distance of 2474.4 feet; thence S
21004' E for a distance of75.04 feet to a Point in the South R/W of
the Florida East Coast Railway Branch Line aforementioned; thence
continue along said last mentioned line S 21004' E for a distance of
20.00 feet for the Point of Beginning; thence continue along said last
mentioned S 21004' E for a distance of 169.11 feet to the North R/W
of Park Avenue, a 60 foot R/W aforementioned; thence along said
North R/W of Park Avenue the two following courses and distances
S 66025'05" W for a distance of 568.04 feet; thence S 76042'46" W
for a distance of 1172.40 feet, to its intersection with the said South
R/W of the Florida East Coast Railway Branch Line, thence N 67006'
E along the said South FJW of the Florida East Coast Railway Branch
Line for a distance of 1709.99 feet to a Point in the West line of the
20 by 20 parcel as described in the Official Records Book 1611, Page
422 aforementioned; thence S 21004' E for a distance of20.00 feet;
thence N 6r06' E for a distance of 20.00 feet to the Point of
Beginning, Containing 5.11 acres more or less.
~
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a map of the proposed area of annexation, which included the Massey Annexation, Martin
Annexation-and Crile (Red Carpet Helicopters) Annexation (areas recently annexed into the City of
Edgewater). After discussion, the Board recommended by a vote of 5 to 0 that the property be
annexed into the City.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
P ART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF
EDGEW ATER, FLORIDA.
1.
Pursuant to Section 171.044, Florida Statutes, that certain real property described as
follows and depicted in the map identified as Exhibit A (attached hereto and incorporated herein)
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:
Lot 9, MASSEY INDUSTRIAL AIRPARK, being an unrecorded
subdivision and described as follows:
A part ofD. S. Lot 4, Section 31, Township 17 South, Range 34 East
and being more particularly described as follows:
Commence at the Southeast corner 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 51.33 feet; thence S 69015'31" W, a
distance of 416.65 feet; thence N 20046'36" W, a distance of 532.20
feet for the Point of Beginning; thence S 69015'31" W, a distance of
429.41 feet to the Easterly PJW line of Airpark Road, a 50 foot PJW
as now laid out; thence N 20046'36" W along said Easterly PJW line,
a distance of 253.60 feet; thence 69015'31" E, a distance of 429.41
feet; thence S 20046'36" East, a distance of253.60 feet to the Point
of Beginning.
Containing 2.50 acres more or less.
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The Easterly 50.00 feet subject to a drainage easement and the
Westerly 100.00 feet of the Easterly 150.00 feet of the above-
described property subject to a 100.00 foot taxiway easement.
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 A.
3. pursuant to Section 2.0 1 ofthe 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
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County M~ager, 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
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.
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a map of the proposed area of annexation, which included the Massey Annexation, Martin
Annexation and Crile (Red Carpet Helicopters) Annexation (areas recently annexed into the City of
Edgewater). After discussion, the Board recommended by a vote of 5 to 0 that the property be
annexed into the City.
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.
1.
Pursuant to Section 171.044, Florida Statutes, that certain real property described as
follows and depicted in the map identified as Exhibit A (attached hereto and incorporated herein)
is hereby annexed into and made part of the City of Edge water, Florida, and shall be subject to the
jurisdiction, obligations, benefits and privileges of the municipality:
Lot 7, :MASSEY INDUSTRIAL AIRPARK, being an unrecorded
subdivision and described as follows:
A part ofU. S. Lot 4, Section 31, Township 17 South, Range 34 East
and being more particularly described as follows:
Commence at the Southeast corner 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 51.33 feet; thence S 69015'31" W, a
distance of 416.65 feet; thence N 20046'36" W, a distance of25.00
feet for the Point of Beginning; thence S 69015'31" W, a distance of
429.41 feet to the easterly RJW line of Air Park Road, a 50-foot RJW
as now laid out; thence N 20046'36" W along said Easterly RJW line,
a distance of253.60 feet; thence N 69015' 31" E, a distance of 429.41
feet; thence S 20046'36" E, a distance of253.60 feet to the Point of
Beginning.
Containing 2.50 acres more or less.
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There is hereby expressly reserved unto Grantor (Massey
Enterprises), its heirs, executors, administrators and assigns, an
assignable, perpetual and exclusive easement and right-of-way for an
airport taxiway, for drainage and utilities, and for any other lawful
purpose across the following described portion of the property
conveyed: The easterly 150 feet, measured at right angles to the
easterly line, of the above-described property. Without limitation,
Grantor (Massey Enterprises) may use said easement for any lawful
purpose including the construction and use of a taxiway to the Massey
Ranch Airpark. The easement granted hereby is exclusive to Grantor
(Massey Enterprises) and Grantee (William L. and Sue E. Perry) shall
not be permitted to use the premises granted by this easement or to
convey any other easement or conflicting rights within the area
covered by said grant except as provided in the Declaration of
Covenants, Easements and Restrictions.
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 A.
3. Pursuant to Section 2.0 1 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
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.
Stl uck thlOUgh passages are deleted.
Underlined passages are added.
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