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94-O-25 W' 011'05/1995 14:37 0/2. v lstrument # 95001500 ~aDk: 3975 Page: 2455 ORDINANCE NO. 94-0-25 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCATED AT 3336 WEST INDIAN RIVER BOULEVARD, VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; AMENDING THE DESCRIPTION OF CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUS IA 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. Khaled and Denise Koleilat are the owners of certain real property located at 3336 West Indian River Boulevard, in Volusia County, Florida. Just east of U. S. Interstate 1-95 at 3336 West Indian River Boulevard/State Road No. 442, the property extends I approximately 17" feet, containing .70 acres more or less. 2. The owners have 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. At a meeting on September 28, 1994, the Land Development and Regulatory Agency reviewed the petition and recommended by a vote of 6 to 0 that the property be annexed into the City. NOW THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER, 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 exhibits 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. Struck through passages are deleted. Underlined passages are added. 94-0-25 1 '-' Book: .'age - 'W/fII - 3975 2456 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 Edgewater, Florida, that certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended accordingly. 4. wi thin seven ( 7) days after adoption, copies of this ordinance shall be filed with the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia 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 circumstance. PART D. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART E. ADOPTION. After Motion by Councilwoman Martin and Second by Councilman Hays, the vote on the first reading of this ordinance held on October 17, 1994, was as follows: Mayor Jack H. Hayman, Sr. AYE Councilman Kirk Jones ABSENT Councilwoman Louise A. Martin AYE Councilman Mike Hays AYE Councilman David L. Mitchum AYE Struck through passages are deleted. Underlined passages are added. 94-0-25 2 Book: 3975 'age: 2457 After Motion by Councilman Mitchum and Second by Councilman Hays, the vote on the second reading of this ordinance was as follows: Mayor Jack H. Hayman, Sr. AYE Councilman Kirk Jones AYE Councilwoman Louise A. Martin AYE Councilman Mike Hays AYE Councilman David L. Mitchum AYE PASSED AND DULY ADOPTED this 7th day of November, 1994. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Jack H. H n, Sr. Mayor APPROVED FOR FORM AND CORRECTNESS: � K-& A • �! Ri�A0�%�/ Storey 61 City Attorney •-'�--ththreugh passages are deleted. Underlined passages are added. 94-0-25 3 ~ Book: ;.age: ..", 3975 2458 EXHIBIT "A" LEGAL DESCRIPTION That part of the Northwest Quarter of Section 8, Township 18 South, Range 34 East, lying South of the 200 foot right-of-way of Edgewater Road, as shown on S.R.D. centerline survey for U. S. Interstate 95, Section 79002-2406 in Volusia County, Florida, and being more particularly described as follows: From a reference point, being the Northwest corner of said Section 8; run thence North 0031'37" East, along the West line of Section 5, Township 18 South, Range 34 East, a distance of 16.49 feet to its intersection with the centerline of said 200 foot right-of-way of Edgewater Road; thence North 89041'55" East, along said centerline a distance of 1608.38 feet to a point therein; thence South 0018'05" East, at right angles to said centerline, 100.00 feet to a point in the South line of said 200 foot right-of-way of Edgewater Road and the POINT OF BEGINNING, said point being located 50.00 feet North 89041'55" East as measured along said South right- of-way line, from the East end of the limited access on said U. S. Interstate 95; thence continue South 0018'05" East 175.00 feet to a point; thence North 89041'55" East, parallel to said Edgewater Road, 175.00 feet to a point; thence North 0018'05" West, 175.00 feet to a point in the South line of the 200 foot right-of-way of Edgewater Road aforesaid; thence South 89041'55" West, along said South right-of-way line, 175.00 feet to the POINT OF BEGINNING. Struck through passages are deleted. Underlined passages are added. 94-0-25 4 I' " l' -II , "i" ~ :c: ~ I << ~ ~ " If: AIR PMK Rl4D PIN: lW..E RJIIO CllY LIMI~ ,. .' . S. a..IKD RYO . JJ .-r.~. ~" 94-0-25 N R\~^~ an MISSIOf /t)^I) \tm:F5fA-re 9~" ., n -- '\....f . ":J:r-able CO~Y Book: 3975 "'age: 2459 ~ane M. Matousek Volusia County, Clerk of Court. EXHIBIT "B" MAP 'J , t ! f f! !: i: f ;' , ~:. IN)IH-I RIVER " .. : " .. f ~. ~. : ;, t::: ~: f' " f' " ". . PAlM [RIW ~ :::. ~;: I... r.; :;;: -'" ~, . i 'e '" ..... SIL\IER PAlM [RIW ;:~:~ ~"'. .' ~ BXCWt\~ CllY LIMITS,. ~;;:: p'. ~::., t'," \ ! ~" . , :'::; , . .;:' . ~ .1-95 t.,: ." t::. fRR&D IHEYATI~ ..... ~~: .;:;' ::'::. '" :. , .... , "~ "'~\:" ;j:~ . ,;S-, , '-'l'" -.li ~", 'I ) ~ , .t:~~ .......:\' ~>-': ',:Ji.l:\~i.'~{,;;'," . . iW''"'" , !. -1../ . ''''_' ~'~.I' ~ ... ,~':...~., ~ ti{ ',' ,n, :::. \.. ;'" 5 001500