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94-O-23 ~2'~ C-~ "'i ""- LC)Ui~- ::;! 0". ".0 ':::, (J' f;l OJ ""-1 :t'.j:: -?:: Ii Qi CD .... (1; s:..l:. W E: 0 0'1 +.J 0 .,.-: r.n '1,.1 i~~ CO 0.. .. ...., ORDINANCE NO. 94-0-23 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCATED AT 1861 PINEDALE ROAD, 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 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. Duane L. and Joann C. Houser are the owners of certain real property located at 1861 Pinedale Road, in Volusia County, Florida. Just south of State Road No. 442/Indian River Boulevard, the property extends east and west approximately 337.53 feet, containing 1.67 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 August 31, 1994, the Land Development and Regulatory Agency reviewed the petition and recommended by a vote of 7 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 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. Struok through passages are deleted. Underlined passages are added. 94-0-23 1 / '- ..", 2 . The boundaries of the City of Edgewater are hereby ,D ~ro redefined to include the property described above and depicted in iJ' ',D ['11CD the map identified as Exhibit B. g ~ Ii 3. Pursuant to Section 2.01 of the Charter of the City of ::.:ill O~ Edgewater, Florida, that certain document entitled "Description of OfO ~~ 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 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 Councilman Mitchum and Second by Councilman Hays, the vote on the first reading of this ordinance held on September 19, 1994, was as follows: Mayor Jack H. Hayman, Sr. EXCUSED Councilman Kirk Jones AYE Councilwoman Louise A. Martin AYE Councilman Mike Hays AYE Councilman David L. Mitchum AYE Struck through passages are deleted. Underlined passages are added. 94-0-23 2 10 u7 0' After Motion by Councilwoman Martin and Second by Councilman N� h'7 D3 Jones, the vote on the second reading of this ordinance was as follows: Y p1 0 0 Mayor Jack H. Hayman, Sr. AYE [Q iy Councilman Kirk Jones AYE Councilwoman Louise A. Martin AYE Councilman Mike Hays AYE Councilman David L. Mitchum AYE PASSED AND DULY ADOPTED this 3rd day of October, 1994. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: u ack Ha an, Sr. Mayo APPROVED FOR FORM AND CORRECTNESS: ] 11 A :i"! y/ VL� rista A. Storey City Attorney Struee the"-augA passages are deleted. Underlined passages are added. 94-0-23 3 / ..... ..""" ,.4J Lno 0' C"- 1'1 CO EXHIBIT "A" LEGAL DESCRIPTION " i! ,.;:i, OJ n ~ The East 337.5 feet of Lot 12, South of State Road #442, Assessor's '-' WI . o iCi Subdivision of the Samuel Betts Grant according to map thereof mil recorded in Map Book 3, page 153 of the Public Records of Volusia County, Florida and being more particularly described as follows: BEGINNING at the intersection of the Southerly R/W of State Road #442, a 120 foot R/W as now laid out and the westerly line of Block 150, Florida Shores Unit #5, a subdivision according to map thereof recorded in Map Book 23, page 107 of the Public Records of Volusia County, Florida; thence S 21011'05" E along the westerly line of said Block 150, a distance of 217.71 feet to the South line of said Lot 12, thence S 69033'55" W, along the said southerly line of Lot 12, a distance of 337.53 feet to the Easterly line of pinedale Road a 50 foof Road as now laid out; thence N 21011'05" W, along said Easterly line, a distance of 213.29 feet to the said Southerly R/W of State Road #442; thence N 68048'55" E, as a basis of bearing, along the said Southerly R/W of State Road #442, a distance of 337.50 feet to the Point of Beginning. Containing 1.67 acres more or less. Struck through passages are deleted. Underlined passages are added. 94-0-23 4 "1-'" !..... 0' L.:' '-I- !P"!I..... '.' ,:,",>"",1!. ~ - ......."'....."~~~COllMl 1::J ';'".'. ,'~' , '-,~l:,,<",t,::s:' PI ....... ...., ~ \[: ~ LLl iL.~ U 0". C'"- 3:5 ~. rq CO E5';'; +-' ,- I'd :::;; L 0 NO ii I:..;) ~ 1ll::E It; o en w 'm o i'Cl ~c~ I;"" ,., ':::::'.9 I..J...I iJ... l--t .,~.:" EXHIBIT"B" MAP z:. !" 0/1 :-l ~ ! :t r f ~ a ~ t ... . ~ PM!( AWLe to Z \ g ?: \ ~ !: " ia i '" U1 2 ~ ~ .'.t l I i5 ~ 'mIl'<< Rl'vm 81.\{). . ~I ., ~ ~ ., 1 VI :J g 2 - ~ ~ I ~ r ~ g ~ ~ .::: I 30111 STTeT .' . (9 I lO . Q I 1.11 ~ r ~ 2 vi .\6.. -. 5 ~ 94-0-23 152630