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ORDINANCE NO. 2001-0-46
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AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 1020 AND 1024 FLYING M COURT,
EDGEWATER, FLORIDA, VOLUSIA COUNTY, INTO THE
CITY OF EDGEWATER, 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 VOLUSIA
COUNTY PROPERTY APPRAISER AND THE
DEP ARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE
AND FOR ADOPTION.
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WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. David A. Heyburn and Patricia C. Johnson (owners), are requesting annexation of
certain real property located at 1020 and 1024 Flying M Court, Edgewater, Florida which is located
within Volusia County, Florida. Subject property contains approximately 87,469 square feet 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.
Stluck tmough passages are deleted.
Underlined passages are added.
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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
EDGEW ATER, 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 Edge water, 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 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.
Shuck tluough passages are deleted.
Underlined passages are added.
2001-0-46
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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 Rhodes and Second by Councilman Vincenzi, 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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HAfter Motion by and Second by a-4— Vile vote on the second
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�?N'7 reading/public hearing ofthisordinance held on� / 200 1, was as follows:
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AYE NAY
00 X 00 Mayor Donald A. Schmidt
MLL J
Councilman James P. Brown r
Councilman Dennis A. Vincenzi r
Councilwoman Harriet E. Rhodes Y
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this i � day of 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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Underlined passages are added.
2001-0-46
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: IV6�
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater t a meeting held on this A
day of
2001 under
Agenda I mo. C
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EXHIBIT" A"
LEGAL DESCRIPTION
Lot 17, MASSEY RANCH AIRPARK UNIT I, as per map thereof recorded in Map Book 44, Page
68, of the Public Records of Vol usia County, Florida.
and
Lot 18, MASSEY RANCH AIRPARK UNIT I, according to the map or plat thereof as recorded in
Plat Book 44, Page 68, of the Public Records of Vol usia County, Florida.
The legal description includes any/all adjoining right-oj-way relating to the subject property.
Shuck t1uough passages are deleted.
Underlined passages are added.
2001-0-46
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