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'-' ORDINANCE NO. 2001-0-69 ....,
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED IN THE WASHINGTON PARK SUBDIVISION,
SOUTH OF 35TH STREET AND EAST OF QUEEN PALM
DRIVE, EDGEWATER, FLORIDA, VOLUSIA COUNTY,
INTO THE CITY OF EDGEW A TER, FLORIDA; SUBJECT
TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF CITY OF EDGEW A TER CORPORATE
LIMITS; PROVIDING FOR FILING WITH THE CLERK OF
THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOL USIA
COUNTY PROPERTY APPRAISER AND THE
DEPARTMENT 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. Robert S. Rothman (Owner) is requesting annexation of certain real property located
in the Washington Park Subdivision, south of 35th Street and east of Queen Palm Drive, Edgewater,
Florida which is located within Volusia County, Florida. Subject property contains approximately
.60 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 of7 to 0 that the property be annexed into the City.
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NOW, THEREF<1ftE, BE IT ENACTED by the People oftMCity of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF
EDGEWATER, FLORIDA.
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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
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::to m incorporated by reference, is hereby annexed into and made part of the City of Edge water, Florida,
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o lC and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
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2. The boundaries of the City of Edgewater 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
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2001-0-69
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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 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 C4~.-- .6-.....-- 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
Mayor Donald A. Schmidt
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Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
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Councilwoman Judy Lichter
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PASSED AND DULY ADOPTED this S' day of November, 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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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Donald A. Schmidt
Mayor
Robin L. Matusick —r
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this S day
of �, 2001 under Agenda Item No.
2001-0-69
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EXHIBIT" A"
LEGAL DESCRIPTION
Lots 1, 2, 3 and 4, Block 5, WASHINGTON P ARK PART 6, according to the map thereof as
recorded in Map Book 11, Page 73, Public Records of V olusia County, Florida (Parcel ID # 8414-04-
03-0010).
The legal description includes any/all adjoining right-oJ-way relating to the subject property.
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2001-0-69
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