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ORDINANCE NO. 2001-0-44
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WEST OF U. S. HIGHWAY #1 SOUTH OF OMNI
CIRCLE, EDGEWATER, FLORIDA, 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 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
DEPARTMENT 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. Sam 1. Merrill, Jr. of Zev Cohen and Associates is the authorized agent for Mark
W allschlaeger (owner), who are requesting annexation of certain real property located west of U. S.
Highway #1 south of Omni Circle, Edgewater, Florida which is located within Volusia County,
Florida. Subject property contains approximately 37.71 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 4 of the City of Edgewater are hereby designated
to include the property described herein.
Shuc.k tluough passages are deleted.
Underlined passages are added.
2001-0-44
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5. During the meeting on June 13,2001, the Planning and Zoning Board reviewed the
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,..., C..J petition and recommended by a vote of 6 to 0 that the property be annexed into the City.
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..:t r'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 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 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.
Struck through passages are deleted.
Underlined passages are added.
2001-0-44
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PART C.
SEVERABILITY AND APPLICABILITY.
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M N If any portion of this ordinance is for any reason held or declared to be unconstitutional,
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~ r0 inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
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..:i Q.l ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
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a tr:i circumstances, such holding shall not affect its applicability to any other person, property, or
ma..
circumstance.
PARTD.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART E.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Rhodes, the vote on
the first reading/public hearing of this ordinance held on July 2, 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
Struck tluough passages are deleted.
Underlined passages are added.
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After Motion by and Second by_ , the vote on the second
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reading/public hearing of this ordinance held on
2001, was as follows:
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AYE NAY
0�
Mayor Donald A. Schmidt
X
Councilman James P. Brown
X
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this day of
, 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
Swck throngh passages are deleted.
Underlined passages are added.
2001-0-44
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater eeting held on this a
day of 2001 under
Agenda Item Ro. 6 A
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EXHIBIT "A"
LEGAL DESCRIPTION
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..::: CD A portion ofU. S. Lots 2 and 3, Section 13, Township 18 South, Range 34 East, lying Westerly of
o Cll U. S. Highway No.1, and being more particularly described as follows:
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".... As a point of reference, commence at the Northwest corner ofU. S.
Lot 2, Section 13, Township 18 South, Range 34 East; thence N
68038'36" E along the north line of said U. S. Lot 2, a distance of
154.08 feet for the POINT OF BEGINNING; thence continue N
68038'36" E, a distance of 1337.62 feet to a point, said point being
77.00 feet Westerly of and measured at right angles to the survey line
of State Road No.5, Section 7901, also known as U. S. Highway No.
1, per Official Records 128, Page 278 of the Public Records of
Volusia County, Florida; thence S 22057'44" E along a line that is
77.00 feet Westerly of and parallel to said survey line, a distance of
1591.18 feet to the South line of said U. S. Lot 3; thence S 87035'58"
W along the South line of said U. S. Lots 2 and 3, a distance of
753.06 feet; thence N 57044'13" W, a distance of283.75 feet; thence
N 25006'23" W, a distance of 164.34 feet; thence S 83050'50" W, a
distance of505.89 feet; thence N 14010'55" W, a distance of387.50
feet; thence N 28002'31" W, a distance of 439.35 feet to the Point of
Beginning.
Containing 37.71 acres more or less.
The legal description includes any/all adjoining right-oJ-way
relating to the subject property.
Stluck tluough passages are deleted.
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2001-0-44
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