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2001-O-64 ~~ t~ (tV" ~s., ('-J ...0 N n ~MU1 N~t'..: ~8t'-U1 g)N..:..: **' 8~"" ~i.:LQ) ~20[J'l ~~OJTj ~~~Il. -~ ...... ORDINANCE NO. 2001-0-64"'" AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCATED IN THE WASHINGTON PARK SUBDIVISION, SOUTH OF 35TH STREET AND WEST OF NEEDLE PALM DRIVE, EDGEW ATER, 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. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Jerome and Debra L. E. Thomas (Owners) are requesting annexation of certain real property located in the Washington Park Subdivision, south of 35th Street and west of Needle Palm Drive, Edgewater, Florida which is located within Volusia County, Florida. Subject property contains approximately 10.56 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 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. St! tick tlll OtIgh passages are deleted. Underlined passages are added. 2001-0-64 1 NOW, THEREFOM:, BE IT ENACTED by the People oft~City of Edge water, Florida: PART A. ANNEXA TION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEW A TER, FLORIDA. r-4-.l) ~~ t'-tC') ~~ 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 II II ::t. Q) incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, 001 ~ ~ and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 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 accordingl y. 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. 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 u.:k till ough passages are deleted. Underlined passages are added. 2001-0-64 2 Mt'- t'-..: t'-tO ..:..: .... :x:m 00'1 O~ COo.. circumstance. "-' ...." PART D. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART E. ADOPTION. After Motion by Councilman Brown and Second by Councilwoman Lichter, 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~~g and Second by C-.t-~~ t/.e_y 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 L .~ . r Councilman James P. Brown Councilman Dennis A. Vincenzi Councilwoman Harriet E. Rhodes jJb.>e'lf- Councilwoman Judy Lichter ~ StI tick till otIgh passages are deleted. Underlined passages are added. 2001-0-64 3 0 PASSED AND DULY ADOPTED this 5' 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 St,ack-dwocgl passages are deleted. Underlined passages are added. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant Approved by the City Council of the City of Edgeter at a meeting held on this sr day of , 2001 under Agenda Item No. -LE. 2001-0-64 MQ\ t'o-.:t t'oU'l -.:t-.:t .... ::':Q) 00l ora ~a.. '-" ." EXHIBIT "A" LEGAL DESCRIPTION Lots 1, of Section 14, Township 18 South, Range 34 East, ofT ALLAHASSEE MERIDIAN, less and except WASHINGTON PARK PART 6, in Map Book 11, Page 73, of Public Records of Vol usia County, Florida. The legal description includes any/all adjoining right-oJ-way relating to the subject property. StI tick thHmgh passages are deleted. Underlined passages are added. 2001-0-64 5