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2001-O-65 \ 1\l:J VJ '/ .~ ~. 9JJ1 t."") -d" 0) 0) ~U11' l.C)~C'---.:t ~gl'n SN-.:tN **' 8~"" ~ ~.:w:: (l) :::.eOlJl ~tiOIti :::~~a.. ~ "-' ORDINANCE NO. 2001-0-65 ...., AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCATED IN THE WASHINGTON PARK SUBDIVISION, SOUTH OF 35TH STREET AND WEST OF NEEDLE PALM 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, VOL USIA 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. James L. and Shelley M. Crowell ( 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 Vo1usia County, Florida. Subject property contains approximately 5.0 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 of7 to 0 that the property be annexed into the City. Stl tick tL10tlgl. passages are deleted. Underlined passages are added. 2001-0-65 1 , NOW, THEREFO~ BE IT ENACTED by the People ofth~ity of Edge water, Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEW A TER, FLORIDA. LOtI) l'-..: l'-rl ":l\J 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 1111 ::to m 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 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. 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 Stt tick du otlgh passages are deleted. Underlined passages are added. 2001-0-65 2 circumstance. -- ~ PART D. EFFECTIVE DATE. U')(j\ t"--.:t t"-f"'l -.:tN This ordinance shall take effect upon adoption. PART E. ADOPTION. .... After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on ~Q) 00l 0(2 0:111. 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 AfterMotionbYL~_ ,~/ and Second by ~~A- the vote on the second reading/public hearing of this ordinance held on November 5, 2001, was as follows: AYE NAY Councilman Dennis A. Vincenzi ~. ~ l. Mayor Donald A. Schmidt Councilman James P. Brown Councilwoman Harriet E. Rhodes /fhs l''1 J- Councilwoman Judy Lichter x St! tlck thIOtlgh passages are deleted. Underlined passages are added. 2001-0-65 3 c 0 PASSED AND DULY ADOPTED this 5° day of November, 2001. IIJ O [` un C� iq ATTEST: �t N �N 00 M17. 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 Shack tbous! passages are deleted. Underlined passages are added. CITY COUNCIL OF THE CITY OF EDDGEW'A/TER, FLORIDA By: ji/c�nal�" e pp c' /,� Donald A. Schmidt Mayor �J e-�>i1, Rabin L,. MatuArn Legal Assistant Approved by the City Council of the City of Edgewater at a meeting held on this d— day of 2001 under Agenda Item No. 2001-0-65 ..... .""., EXHIBIT "A" LEGAL DESCRIPTION U1,-f C'--U1 C'--t'1 -.d'N .... E Yz of NW 10 chains square of lot 2, Sec. 14, Twp 18 S, Rg 34 E otherwise described as, and intended to be East five chains of West ten (10) chains of the North ten (10) chains of Government Lot 2 of Section 14, Township 18 South, Range 34 East according to the official Government Survey, Volusia County, Florida. ':':(1) 001 OfO IIIQ. 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. 2001-0-65 5