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2001-O-63 ~~ . 4l- tJI . ,~'o ,..-1 ...0 C'-J to'") ~ ,-1 0'. r-l ..!-t t'--.n ~8t'--U1 g;N-.:;t-.:;t '** 8~"" ~~~Q) ~EOCl ~t;OITj ~~mo.. '-' ORDINANCE NO. 2001-0-63 """'" AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCATED IN THE WASHINGTON PARK SUBDIVISION, SOUTH OF 35TH STREET AND WEST OF ORANGE TREE DRIVE, 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 FOR AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Edmund and Irene Amara, and Charles Hanna, Jr. (Owners), are requesting annexation of certain real property located in the Washington Park Subdivision, south of35th Street and west of Orange Tree Drive, Edgewater, Florida which is located within V olusia County, Florida. Subject property contains approximately 3.64 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. 5. During the meeting on September 12,2001, the Planning and Zoning Board reviewed the petition and recommended by a vote of 7 to 0 that the property be annexed into the City, StI tick du (mgh passages are deleted. Underlined passages are added, 2001-0-63 I NOW, THEREF~, BE IT ENACTED by the People oftlM'City of Edge water, Florida: PART A. ANNEXA TION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEW ATER, FLORIDA. nO t'--..: t'--1O ..:..: 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 .... ::to Q) incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, 001 o tC and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 1II11. 2. The boundaries ofthe 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. 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 Stl tick till otlgh passages are deleted. Underlined passages are added. 2001-0-63 2 MM t--'\t t--ltl '\t'\t "II ~Q) 001 O~ lIIo.. circumstance. ...... ..."" PART D. 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 October 15,2001, 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 After Motion by Cc~:- ~ ~LJ.L- and Second by the vote on the second reading/public hearing of this ordinance held on November 5, 2001, was as follows: AYE NAY Mayor Donald A. Schmidt y. ~ y. Councilman James P. Brown Councilman Dennis A. Vincenzi Councilwoman Harriet E. Rhodes !rb>e,J Councilwoman Judy Lichter L Stl uck thlotlgh passages are deleted. Underlined passages are added. 2001-0-63 3 PASSED AND DULY ADOPTED this 5'a day of November, 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 passages are deleted. Underlined passages are added. CITY COUNCIL OF THE CITY OF EDGESWAATTEER, FLORIDA By: �aoC Lt7X Donald A. Schmidt Mayor C2)QLX�f Xvn, Robin L. Matusick Legal Assistant Approved by the City Council of the City of Edgewater at a meeting held on this,t day 2001 under Agenda Item No. t-A—. 2001-0-63 4 -., ....., EXHIBIT" A" LEGAL DESCRIPTION ,..,rl t"'-'\t t"'- U") All of Block 8, WASHINGTON PARK UNIT 6, according to the map thereof as recorded in Map '\t '\t Book 11, Page 73, of Public Records of V olusia County, Florida. .... ~ Ql The legal description includes any/all adjoining right-oJ-way relating to the subject property. 001 ora 1IlQ. StI m:k thlongh passages are deleted. Underlined passages are added. 2001-0-63 5 N�dd -aoy�,� •Yo �14o 44 °44444 Y