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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
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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.
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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
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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
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EXHIBIT "A"
LEGAL DESCRIPTION
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n ~ The East 337.5 feet of Lot 12, South of State Road #442, Assessor's
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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
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