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ORDINANCE NO. 94-0-03
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 191 ROBERTS 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. Wesley S. Harvey is the owner of certain real property
located at 191 Roberts Road in Volusia County, Florida.
2. The owner has 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 December 15, 1993, the Land Development
and Regulatory Agency reviewed the petition and recommended 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, both Exhibits being 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.
2. The boundaries of the City of Edgewater are hereby
redefined to include the property described in Exhibit A and
depicted in the map identified as Exhibit B.
Struck through passages are deleted.
Underlined passages are added.
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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 Councilwoman
Martin, the vote on the first reading of this ordinance held on
January 24, 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
Struck through passages are deleted.
Underlined passages are added.
94-0-03
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After Motion by Councilwoman Martin and Second by Councilman
the vote on the second reading of
this ordinance was as
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Q'L-follows:
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Mayor Jack
H. Hayman, Sr.
AYE
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Councilman
Kirk Jones
AYE
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Councilwoman Louise A. Martin
AYE
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Councilman
Mike Hays
AYE
Councilman
David L. Mitchum
AYE
PASSED AND DULY
ADOPTED this 7th day
of February, 1994.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
ack H. H Sr.
ayor
APPROVED FOR FORM
AND
�,q,CORRECTNESS:
j^
�' A. V�
City Attorney
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.3901,:(.::::::. I~ 9
VOLU$lA CO.,FL
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Lots 1 and 2, Block 2, Lynne Gardens, according to the plat thereof
recorded in Map Book 19, page 132 of the Public records of Volusia
County, Florida and being more particularly described as follows:
COl1MENCE at the Southeast corner of Lot 9, Meadow Lake Subdivision,
according to the plat tllereof as recorded in Map Book 41, pages 115
and 116 of the Public records of Volusia County, Florida said POillt
being on the West line of Lynne Gardens aforesaid; thence South 15
degrees 49 minutes 27 seconds East, a distance of 173.30 feet to tile
POINT OF BEGINNING; thence North 74 degrees 10 minutes 33 seconds
East, a distance of J.40.50 feet to a point on the West right-of-way
line of Lin Gina Terrace, a 50 foot platted right-of-way (not opell);
thence South 15 degn~es 49 minutes 27 seconds East, along said West
right-of-way, a distance of 128.56 feet to a point on the Nortll
right-of-way line of Roberts Road, a 60 foot right-of-way as now laid
out; thence South 89 degrees 37 minutes 30 secoIlds West, along sa.id
north right-of-way, a distance of 145.77 feet; thence North 15 de9rees
49 minutes 27 secondEl West, a distance of 89.73 feet to the POINT OF
BEGINNING; said descl:ibed tract containing 0.35 acre (15,334.87 square
feet), more or less.
PRPEARED BY:
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Ronald W. ucas, FL. PLS 4165
s. Ridgewood Ave. Unit A5
Edgewater, FL. 32132
(904) 423-7741
DATE: 11/04/93
SEE ATTACHED SURVEY FOR A GRAPHIC DEPICTION OF 'rillS DESCRIP'l'ION.
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Exhibit A
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029363
028953