94-O-07
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BOOK PAGE
3.909 3005
VOlUSIA CO..FL
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fiLED FOR RECORD
RECORD VERIFIE~
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ORDINANCE NO. 94-0-07
AN ORD, I NANCE ANNEXING A SECTION OF U.S.
HIGHWAY" #1 INTO THE CITY OF EDGEWATER,
FLORIDA; AMENDING THE DESCRIPTION OF CITY OF
EDGEWATER CORPORATE LIMITS; PROVIDING FOR
FILING WITH THE VOLUSIA COUNTY 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. In conjunction with the City's efforts to address the
issue of enclaves, it was discovered that a portion of u.s. Highway
#1 had not been annexed into the City.
2. In order to facilitate the annexation of certain enclaves
adjacent to u.s. Highway #1, it is necessary that the section of
u.s. Highway #1 described below be annexed into the City.
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 February 16, 1994, the Land Development
and Regulatory Agency reviewed the petition and recommended
approval.
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 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
Edgewater, Florida, and shall be subject to the jurisdiction,
obligations, benefits, and privileges of the municipality:
U. S. HIGHWAY NO.1: BEGIN at the
intersection of the easterly right-of-way line
of U. S. Highway No. 1 (S.R. No.5) with the
south line of U. S. lot 5, section 2, township
18 south, range 34 east, said point being on
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94-0-07
1
PAGE
3909 3006
~~~ew~~::h a~ii~ n~~m::os;~~e sa~~ ut.h~. c:J~hw~OLUSIA CO..FL
No.1; thence southerly along said easterly
right-of-way line of U. S. Highway No. 1 the
following courses and distances, South 26
degrees 41 minutes 41 seconds East, a distance
of 1963.30 feet to the point of curvature of a
non-tangent curve, concave to the Southwest,
having a radius of 5827.65 feet, a central
angle of 5 degrees 41 minutes 59 seconds, and
a chord of 579.48 feet bearing South 23
degrees 50 minutes 41 seconds East; thence
Southeasterly along said curve, a distance of
579.72 feet; thence South 20 degrees 59
minutes 41 seconds East, a distance of 1791.76
feet to the point of curvature of a tangent
curve, concave to the West, having a radius of
5827.65 feet and a central angle of 5 degrees
06 minutes 02 seconds; thence Southerly along
said curve, a distance of 518.79 feet; thence
South 15 degrees 53 minutes 41 seconds East,
a distance of 4487.14 feet; thence crossing
said U. S. Highway No. 1 along the westerly
extension of the south line of Lot 2, BELLA
VISTA SUBDIVISION UNIT NO. 2 (MB. 11, PG.
164), South 69 degrees 06 minutes 19 seconds
West, a distance of 175.66 feet to a point on
the Westerly right-of-way line of said U. S.
Highway No.1; thence northerly along said
westerly right-of-way line of U. S. Highway
No. 1 the following courses and distances,
North 15 degrees 53 minutes 41 seconds West, a
distance of 3693.97 feet; thence North 87
degrees 15 minutes 49 seconds East, a distance
of 17.45 feet; thence North 15 degrees 53
minutes 40 seconds West, a distance of 812.45
feet to the point of curvature of a non-
tangent curve, concave to the West, having a
radius of 5669.65 feet, a central angle of 2
degrees 07 minutes 38 seconds, and a chord of
210.48 feet bearing North 16 degrees 57
minutes 30 seconds West; thence Northerly
along said curve, a distance of 210.49 feet;
thence North 89 degrees 50 minutes 41 seconds
West, a distance of 10.04 feet; thence North
20 degrees 59 minutes 41 seconds West, a
distance of 2082.23 feet to the point of
curvature of a tangent curve, concave to the
Southwest, having a radius of 5652.65 feet and
a central angel of 5 degrees 41 minutes 59
seconds; thence Northwesterly along said
curve, a distance of 562.31 feet; thence North
26 degrees 41 minutes 41 seconds West, a
distance of 507.52 feet; thence North 0
degrees 00 minutes 19 seconds East, a distance
of 37.84 feet; thence North 26 degrees 41
minutes 42 seconds West, a distance of 1500.07
feet to the said south line of U. S. Lot 5,
section 2, township 18 south, range 34 east
and the south city limit line as it now
exists; thence along said south line of U. S.
Lot 5, North 89 degrees 36 minutes 19 seconds
East, a distance of 176.25 feet to the POINT
OF BEGINNING; said described tract containing
36.65 acres (1,596,650.38 square feet), more
or less.
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BOOK
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94-0-07
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3909 3001
EdgewatNOlaUi.ll\&OJL
2.
The boundaries of the City of
redefined to include the property described above and depicted in
;:'-f"
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
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 Hays and Second by Councilman
Jones, the vote on the first reading of this ordinance held on
February 22, 1994, 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
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94-0-07
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' WOK PAGE
3909 3008
VOLUSIA CO.,FL
After Motion by Councilman Hays and Second by Councilman
Mitchum, 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 21st day of March, 1994.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGENATER, FLORIDA By: %, X_
Jack H. Pdyhan, Sir.
mayor
APPRO FOR FORM
AND CORRECTNESS:
rista A. Storey
City Attorney
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94-0-07 4
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