2011-O-02~ • ORDINANCE NO.2011-0-02
AN ORDINANCE ANNEXING 1.36 ACRES OF CERTAIN REAL
N 0) PROPERTY LOCATED AT 4497 SOUTH US HIGHWAY NO. 1,
00 M VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA;
SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND
o PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEWATER CORPORATE
E 0 'a' LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE
a m d 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,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Wallace Ferreira has applied on behalf of The American Legion, Edgewater Post
#285, Inc., owners for annexation of property located at 4497 South US Highway No. 1, within
Volusia County, Florida. Subject property contains approximately 1.36 + acres.
2. The owners/applicants have voluntarily petitioned (applied) 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 Planning and Zoning Board meeting on February 9, 2011, the Board
recommended by a vote of 7 to 0 that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
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H2O11-0-02
PART A. ANN—XATION OF CERTAIN REAL ..<OPERTY INTO THE
CITY OF EDGEWATER, FLORIDA.
CO V 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described
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Y in Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
00 0 incorporated by reference, is hereby annexed into and made part of the City of Edgewater,
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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 herein 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. 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,
F
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#2011-0-02
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Or circumstances, such hol...ng shall not affect its applicability to a,., other person, property, or
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circumstance.
W M PART D. RECORDING.
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[0 M Upon approval and execution, this document shall be delivered to the Clerk of Court for
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p� recording into the public records of Volusia County, Florida.
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PART E. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F. ADOPTION.
After Motion to approve by Councilman Cooper with Second by Councilman Ignasiak,
the vote on the first reading of this ordinance held on March 7, 2011, was as follows:
Mayor Mike Thomas
Councilman Justin A. Kennedy
Councilwoman Gigi Bennington
Councilman Mike Ignasiak
Councilman Ted Cooper
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AYE NAY
X
X
X
X
ABSENT
After Motion w approve by llJ kwuman Cl'norR s-r with Second by
Cfrt rvdlmnn� ei�e, the vote on the second reading/public hearing of this ordinance held on
April 18, 2011, was as follows:
Mayor Mike Thomas
Councilman Justin A. Kennedy
Councilwoman Gigi Bennington
Councilman Mike Ignasiak
Councilman Ted Cooper
AYE
i
PASSED AND DULY ADOPTED this 18th day of April, 2011.
ATTEST:
NAY
CITY COUNCIL OF THE
c CI'{Y F ED WA �R RIDA
B . \v�
ike Thom
Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 18th day
legality by: Carolyn S. Ansay, Esquire of April, 2011 under Agenda Item No. 80L
City Attorney
Doran, Sims,Wolfe, Ansay,
Kundid & Birch
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Instruentt 2011-067531 s 5
Book: 6565
Page: 3493
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
PARCEL #1:
Lots 2 and 4, Block 1, Water Front Park, According to the map or plat thereof as recorded in Plat
Book 11, Page 251, Public Records of Volusia County, Florida and sometimes also described as
Lots 2 and 4, Block 1, Water Front Revision, according to the map thereof as recorded in Map
Book 23, Page 136, Public Records of Volusia County, Florida.
Containing 1.36 ± acres more or less.
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