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94-O-14 .... ...",., ORDINANCE NO. 94-0-14 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCATED WEST OF U. S. HIGHWAY #1 AND SOUTH OF FALCON AVENUE, 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, has made the following determinations: < o r- c: en - )> n o . .. -r'J r- Florida, 1. James C. and Rosemary Carder are the owners of certain real property located on the West side of U. S. Highway # 1 , approximately 150 feet south of the center line of Falcon Avenue in Volusia County, Florida. Edgewater for annexation pursuant to Section 171.044, 2. The owners have voluntarily petitioned the City of Statutes. Florida CJ '-.D CJl 3. The property is contiguous to the City's boundaries and~ \.0 conditions for annexation and the economics thereof are the satisfactory. 4. At a meeting on April 27, 1994, the Land Development and of 6 to 0 that the property be annexed into the City. Regulatory Agency reviewed the petition and recommended by a vote \.0 .- c- c:: 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 is> EDGEWATER, FLORIDA. 1. Pursuant to Section 171. 044, Florida Statutes, that certain real property described below and depicted in the map identified as Exhibit A, which is attached hereto and incorporated by reference, is hereby annexed into and made part of the City of obligations, benefits, and privileges of the municipality: Edgewater, Florida, and shall be subject to the jurisdiction, Struck through passages are deleted. Underlined passages are added. 94-0-14 1 W \.0 '" \.0 co <:) o ::a; N Q) o -.J ~ C') ,." ;u~ fTlr- nrfl 00 :X>-r, 00 <;;0 P 1 :;:J ::'OM :;;0 ;~j~~ cb r.! Cj :...Jl '0<'.; ~ G:~ /~" :.0 .......- -i~ ;,::, <. ..... ;-" O::r; ,. ~ f"l P "'~("") ("l ~;~~ f ~--~ ~ -ry :::: ex> ... ...., A portion of the Northwest quarter of the Northeast quarter of Section 2, Township 18 South, Range 34 East, Volusia County, Florida, being more particularly described as follows: COMMENCE at the Southwest corner of U. S. Lot 5, Section 2, Township 18 South, Range 34 East, Volusia County, Florida; thence North 89 degrees 47 minutes 59 seconds East along the South line of said U. S. Lot 5 and the North line of the Northwest quarter of the Northeast quarter of said Section 2, a distance of 467.85 feet to the POINT OF BEGINNING; thence North 89 degrees 47 minutes 15 seconds East, a distance of 210.00 feet to a point in the Westerly right-of-way of U. S. Highway No. 1 (S .R. No.5); thence South 26 degrees 41 minutes 11 seconds East along said Westerly right-of-way, a distance of 210.00 feet; thence departing said Westerly right-of-way South 89 degrees 47 minutes 15 seconds West, a distance of 210.00 feet; thence North 26 degrees 41 minutes 11 seconds West, a distance of 210.00 feet to the POINT OF BEGINNING; said described tract containing 0.91 acres (39,475.57 square feet), more or less. <::: w CO 0 \.0 <:) r- I"\) 0 c:: \.0 ~ en - l> ("') l'v !=' CO ~ .. -r, 0 r' eo Lv r't') l; ,:l 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 A. 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 Struck through passages are deleted. Underlined passages are added. 94-0-14 2 BOOK PAGE 3929 2809 VOLUSIA CO.,FL 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 May 16, 1994, was as follows: Mayor Jack H. Hayman, Sr. ABSENT Councilman Kirk Jones AYE Councilwoman Louise A. Martin AYE Councilman Mike Hays AYE Councilman David L. Mitchum AYE After Motion by Councilman Jones and Second by Coucilwoman Martin, 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 6th day of June, 1994. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By:f Jack H. man, r. Mayor AP D FOR FORM AND CORRECTNESS: r'sta A. Storey City Attorney -••-'e-a -�..threugh passages are deleted. Underlined passages are added. 94-0-14 3 t:T i I I i .' , , I . , , ..... .... ~...., .....'- ....., ''- \ - ': -:::...::: '::.... ......... "~ " " " I,' ..." ..,., oor"" ~ -" w..;,). [.i~r~ ,,~. " ...., W";;'i..';:~~~ ~ I.lt) ...q-N BOOK PAGE 3929 ~IO VOLUSIA co.. FL -------.,.... :r.N D L-MJ P.\ 'I is f2. 6. t.!1"I!UE~O 1'r2Dfl'6lSP .AN~H Af'~A II t- .c. . y- o- '" OJ ~ = - :! Exhibit A ~ I ~ (i y L.' ----~. i I i _ - ---1 .. ,~'r 091509