92-O-1904/18/2005 10:42 M
Instnsentt 2005-097824 i 1
�... Book: 5533
Page: 4025
ORDINANCE NO. 92-0-19
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED IN SECTION 30, TOWNSHIP 17 SOUTH,
RANGE 34 EAST, 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 CIRCUITCOURT, VOLUSIA COUNTY, THE VOLUSIA
COUNTY PROPERTY APPRAISER AND THE DEPARTMENT
OF STATE; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. The South Campus of Daytona Beach Community College is
located at 940 loth Street, New Smyrna Beach, Florida, and is more
particularly described in Exhibit A which is attached hereto and
incorporated by reference.
2. The Board of Trustees 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
D satisfactory.
(yaS 4. At a meeting on September 17, 1992, the Land Development
V and Regulatory Agency reviewed the petition and accompanying
Annexation Agreement 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 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 and to the terms of that certain Annexation
Agreement which is attached hereto and incorporated by reference as
Exhibit B.
S`-�.,� le threugh passages are deleted.
Underlined passages are added.
92-0-19 1
,;
"-
trument#
13()ok: bb3:J;
Page: 402f5
/I ",
it I.
""-'
2. The boundaries of the City of Edgewater are hereby
redefined to include the property described in 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 PROVISION.
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 E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by Councilperson Martin and Second by
Councilperson Gillespie, the vote on the first reading of this
ordinance held on October 5, 1992, was as follows:
Mayor Tanya B. Wessler
AYE
Councilman Kirk Jones
EXCUSED
Councilperson Louise A. Martin
AYE
Councilperson NoraJane Gillespie
AYE
Councilman Michael Hays
AYE
Struck through passages are deleted.
Underlined passages are added.
92-0-19
2
Instnsentit M-097824 13
Book: 5533
�. Page: 4027
After Motion by Councilperson Martin and Second by Councilman
Hays, the vote on the second reading of this ordinance was as
follows:
Mayor Tanya B. Wessler AYE
Councilman Kirk Jones AYE
Councilperson Louise A. Martin AYE
Councilperson NoraJane Gillespie AYE
Councilman Michael Hays AYE
PASSED AND DULY ADOPTED this 2nd day of November, 1992.
-- ATTEST:
Susan J Wadsworth
City Clerk
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Tanya B. sSler
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
bC�l,c:4af'% i�l
r eta A. Storey
City Attorney
StFuele thFeegh passages are deleted.
Underlined passages are added.
92-0-19 3
I,
.....
lnstrument#
Book :~S~):]3
Page: 402f3
# 4
....,
EXHIBIT A
LEGAL DESCRIPTION
Government Lots 4 and 5, Section 30, Township 17 South, Range 34
East, Volusia County, Florida, except that portion described in
Deed Book 576, Page 233, of the Public Records of Volusia County,
Florida, as follows:
Commence at the NW corner of US Lot 5, Section 30, Township 17
South, Range 34 East; run thence South on the West line of said Lot
5, 260.5 feet for the Point of Beginning; thence South on said West
line of Lot 5, 1059.5 feet to the SW corner of said Lot 5; thence
East on the South line of Lot 5, 406.7 feet; thence N 21 degrees W,
1134.9 feet to the Point of Beginning; being part of US Lot 5,
Section 30, Township 17 South, Range 34 East.
'-"
rument# 200!Jmm124 # 5
[) () () k: !:j E)~:3 :-)
.."", Pa.~Ae: 402~J
. .
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into by and between, the CITY
OF EDGEWATER, FLORIDA, a municipal corporation (hereinafter
referred to as "City") and DAYTONA BEACH COMMUNITY COLLEGE, a
community college (hereinafter referred to as "DBCC").
WHEREAS, in order to have the right to utilize City utilities,
DBCC has filed a Petition for Voluntary Annexation for the property
described in Exhibit Ai and
WHEREAS, the City is desirous of annexing said property, and
has satisfied itself that the conditions for annexation and the
economics thereof are satisfactory.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. DESCRIPTION
The property which is the subject of this Agreement
(hereinafter
referred
to
as
"the
Project" )
consists
of
approximately 93.63 acres located at 940 10th Street, New Smyrna
Beach, and is more specifically described in Exhibit A which is
attached hereto and incorporated by reference. Currently a 18,444
square foot instructional building, a paved parking area, various
relocatable structures, and site utilities are located on the
property.
DBCC's plans for future development include a
laboratories
building,
maintenance
building
and
various
recreational facilities as identified in the Master Plan for the
DBCC South Campus.
2. UTILITIES
Existing facilities within the Project and any future
development will
require connection to tile City's water
distribution system and wastewater system. The parties stipulate
that the City systems will be extended to the Project.
Responsibility for the development of these systems is as follows:
a.
The City's
existing twelve (12) inch water line
which terminates at the intersection of Air Park Road and Park
November 4, 1992
'-fLU ,1$
~
In:;! rument#
[) () C) k..: ~:j !~j :,3:3
..""" PafJe: 4030
# 6
Avenue will be extended by DBCC to the Project.
DBCC shall be
responsible
for
the
design,
engineering,
permitting
and
construction of the water service including fire hydrants. To
achieve the necessary fire flow required to serve the college
facilities, the water line to the Project must be twelve (12)
inches in diameter. The design and installation of the water line
shall be subject to the approval of the City. Upon approval of the
constructed system by the City, DBCC shall dedicate to the City the
e.J'
water line up to the point of connection at the water meter.g~ thg ~
~e~Haary gf the rrejco~. DBCC shall retain ownership of the water
line beyond the meter and accordingly be responsible for any
required maintenance. DBCC shall convey to the City a perpetual
easement to allow for the future location and maintenance of a
water line to the City's Planned Industrial Park District.
This
easement may be combined wi th the easement required for the
wastewater line so long as the easement is wide enough to allow a
ten (10) foot separation between and water and wastewater lines.
b.
The City's existing wastewater
system which
terminates at the wildwood Subdivision lift station shall be
extended by DBCC to the Project. DBCC shall be responsible for the
design, engineering and construction of the required wastewater
line, lift station and four (4) inch force main. The design and
installation of the system shall be subject to the approval of the
City. Upon approval of the constructed system by the City, DBCC
shall dedicate to the City the wastewater line, lift station, and
force main and accordingly, the City shall be responsible for
maintenance of this system.
DBCC shall convey to the City a
perpetual easement for the location and maintenance of the
wastewater line and force main. This easement may be combined with
the easement required for the water line so long as the easement is
wide enough to allow a ten (10) foot separation between and water
and wastewater lines.
DBCC shall convey to the City fee simple
title to the property on which the lift station is located. Such
property is described in Exhibit C which is attached hereto and
incorporated by reference.
November 4, 1992
2
.."
rument!i
1300k. :
Page: 40~3 i
l~
,>,
....",
3. IMPACT FEES AND CAPACITY
Pursuant to Section 235.26(1), Florida Statutes, DBCC is
exempt from the payment of impact fees. In lieu thereof, DBCC has
paid all costs associated with the construction of the water and
wastewater system required to provide service to the Project. In
recognition of the value of the lift station, DBCC shall be
guaranteed the capacity necessary for the future development of the
Project as identified in the Master Plan dated September 6, 1990.
as amended by the Education Plant Survey dated May 21 - 25, 1990
amended May 13, 1992,
and attached hereto and incorporated by
reference as Exhibit B. Such capacity is only guaranteed to DBCC
and shall not be available to DBCC's successors or assigns without
the payment of the appropriate impact fees.
4 . AMENDMENT
This Agreement may only be amended in writing upon mutual
consent of the parties.
5. BINDING EFFECT
Except as set forth in Paragraph 3, all of the terms and
provisions of this Agreement, shall be binding upon, inure to the
benefit of and be enforceable by the parties and their respective
legal representatives and their successors in title and interest.
The provisions of the Agreement shall run with the land and shall
be administered in a manner consistent with the laws of the State
of Florida.
6. GOVERNING LAW
This Agreement shall be governed by the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the dates set forth below.
November 4, 1992
3
Instr ment# 2005-097824 S 8
—•� Book: 5533
J Page: 4032
Diane M. Matousek
Volusia County, Clerk of Court
ATTEST:
Susan J. a sworh
.City Clerk
ATTEST:
November 4, 1992 4
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: o . �
Tanya Messier
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
i
.0
Ir sta A. tore
City Attorney
DAYTONA BEACH COMMUNITY COLLEGE
BOARD OF TRUSTEES
'y-/�'
By: e-Q-�
C ar es S. Lichtigmanr
Chairman