2001-O-71 - AN - Washington Park (Mishkin)
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v ORDINANCE NO. 2001-0-71 "'fI1IIJI
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED IN THE WASHINGTON PARK SUBDIVISION,
EAST OF 35TH STREET AND UMBRELLA TREE DRIVE,
EDGEW A TER, FLORIDA, VOL USIA 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, VOL USIA 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. Jack H. and Mildred Mishkin (Owners) are requesting annexation of certain real
property located in the Washington Park Subdivision, east of 35th Street and Umbrella Tree Drive,
Edgewater, Florida which is located within Volusia County, Florida. Subject property contains
approximately 1.43 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.
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NOW, THEREFO~, BE IT ENACTED by the People ofth'?tity of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF
EDGEW A TER, 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 Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries of the City ofEdgewater 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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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 C~_ t!~ and Second by ~--...:L_ 8..-
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
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Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
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Councilwoman Judy Lichter
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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
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: � �
Donald A. Schmidt
Mayor
�[�oc�. T i�ninlS
Robin L. Matusick r
Legal Assistant
Approved by the City Council of the City of
Edge at a meeting held on this .i day
of w e , 2001 under Agenda Item No.
2001-0-71
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EXHIBIT "A"
LEGAL DESCRIPTION
Lots 1 to 5, inclusive and Lots 18 to 22, inclusive, Block 12, WASHINGTON PARK PART VI,
according to the map thereof as recorded in Map Book 11, Page 73, of Public Records of V olusia
County, Florida.
The legal description includes any/all adjoining right-of-way relating to the subject property.
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2001-0-71
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