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-- ORDINANCE NO. 2001-0-72
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AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WEST OF U. S. HIGHW A YNO.l AND SOUTH OF
EAST WIND SUBDIVISION (LOTS 1 THROUGH 17
INCLUSIVE, THOMAS SUBDIVISION IN THE MURRAY
GRANT), EDGEW ATER, 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 EDGEWATER CORPORATE
LIMITS; PROVIDING FOR FILING WITH THE CLERK OF
THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA
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. John R. Merrick, Willie G. Wood, Barbara 1. Constable, and Rosi Fortna (Owners)
are requesting annexation of certain real property located West ofU. S. Highway No.1 and South
of East Wing Subdivision (Lots 1 through 17 inclusive, Thomas Subdivision in the Murray Grant,
Edgewater, Florida which is located within Volusia County, Florida. Subject property contains
approximately 7.0 acres more or less.
2. The owners have 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
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2001-0-72
1
the petition and recommenMt by a vote of 7 to 0 that the property b~nnexed into the City.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
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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
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.z.: Ql Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
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~ ~ 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 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
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2001-0-72
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circumstances, such holdi~ shall not affect its applicability to an"Y' other person, property, or
circumstance.
PART D.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART E.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Brown, 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 ~~.- 6v-:- and Second by C~ J' J-L
the vote on the second reading/public hearing of this ordinance held on November 5,2001, was as
follows:
Mayor Donald A. Schmidt
AYE NAY
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V
Councilman James P. Brown
Councilman Dennis A. Vincenzi
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Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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2001-0-72
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PASSED AND DULY AQTED this 50 day of November, 20010
H O ATTEST:
L` U
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Stllspn,,F. `4V d'Worth
0
� Gty Clerk , v
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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 EDGEWAAT�(ER�, FLORIDA
By:
Donald A. Schmidt
Mayor
� C�Dii�1f/A4i�
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edge er at a meeting held on this f- day
of 2001 under Agenda Item No.
2001-0-72
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EXHIBIT" A"
LEGAL DESCRIPTION
Lots 1 to 17, inclusive, Thomas Subdivision in the Murray Grant, according to plat thereof recorded
in Map Book 8, Page 253 of the Public Records of Volusia County, Florida and being more
particularly described as follows:
Beginning at the intersection of the Northerly line of said Lot 1, and the Westerly R/W line ofU. S.
Highway #1, a 158 foot R/W as now laid out; thence S 22056'22" E along the Westerly R/W line of
U. S. Highway #1, a distance of 1732.87 feet to the Southerly line of said Lot 17; thence S 69000'23"
W along said Southerly line, a distance of206.09 feet to the Southwest comer of said Lot 17; thence
N 21001'45" W along the westerly line of said Lots 1 through 17, inclusive, a distance of 1731.74
feet to the Northwest comer of said Lot 1; thence N 68057'20" E along the northerly line of said Lot
1, a distance of 148.33 feet to the Point of Beginning. Containing 7.0 acres more or less.
The legal description includes any/all adjoining right-oj-way relating to the subject property.
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2001-0-72
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