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ORDINANCE NO. 2001-0-45
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED BETWEEN U. S. HIGHWAY #1 AND THE INDIAN
RIVER ON SWORDFISH LANE, EDGEWATER, FLORIDA,
VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER,
FLORIDA; SUBJECT TO THE JURISDICTION,
OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE
MUNICIP ALITY; 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 ST ATE;
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. Dominick Caputo of San Remo Investments, Inc. and John Dahl of Dahl Builders,
Inc. are the authorized agents for Earl and Marjorie Gentry (owners), and are requesting annexation
of certain real property located between U.S. Highway #1 and the Indian River on Swordfish Lane,
Edgewater, Florida which is located within Volusia County, Florida. Subject property contains
approximately .34 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 3 of the City of Edgewater are hereby designated
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Underlined passages are added.
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to include the property described herein.
5. During the meeting on June 13,2001, the Planning and Zoning Board reviewed the
petition and recommended by a vote of 6 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
EDGEWATER, 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
according I y.
4. Within seven (7) days after adoption, copies ofthis 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,
Struck tlllough passages are deleted.
Underlined passages are added.
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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,
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.::a:: Q) inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
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o tCi ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
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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 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
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After Motion byCv�-4a' and Second by �...C,.--,Q.r- , the vote on the second
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r{ reading/public hearing of this ordinance held on X2001, was as
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Y N AYE NAY
Mayor Donald A. Schmidt
07 ti. —
Councilman James P. Brown X
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes y�
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this day of 12001.
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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2001-0-45
CITY COUNCIL OF THE
CITY OF EDGEWAeTER, FLORIDA
By: l
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at eeting held on this 1e
day of ' 2001 under
Agenda Item No.
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EXHIBIT" A"
LEGAL DESCRIPTION
Parcel 2 in Block 4 of unrecorded plat of Ranken Subdivision of a part ofU. S. Lot 1 of Section 1,
Township 18 South, Range 34 East, described as the South 85 feet of the North 470 feet, except the
West 50 feet ofU. S. Lot 1, Section 1, Township 18 South, Range 34 East, with an easement over
the East 25 feet of the West 50 feet of the South 85 feet of the North 470 feet of said Lot 1, all in
Volusia County, Florida.
The legal description includes any/all adjoining right-oJ-way relating to the subject property.
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