92-O-18
ORDINANCE NO. 92-0-18
BOOK PAGE
""3 7 8 0 2 8 3 3
VOLUSIA CO. FL
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AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED IN SECTION 2, TOWNSHIP 18 SOUTH, RANGE
34 EAST AND SECTION 1, TOWNSHIP 18 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 CIRCUIT COURT, VOI,USIA 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 Ci.ty of Edgewater, Florida,
has made the following determinations:
1. William A. Ranken, Nani L. Ranken, Doris E. Angleton,
Michael C. McGhee, Janice M. McGhee, Thad R. Sizemore, Jr.,
Kathleen E. Sizemore, Michael G. Green, Shirley A. Green, Paul C.
Dell, Ruth B. Dell, Charles H. Byrd and Nancy S. Byrd are the
owners of certain real property located in Volusia County, Florida,
which is more particularly described in Exhibits A and B which are
attached hereto and incorporated by reference.
2. The owners have 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 July 16, 1992, the Land Development and
City.
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Regulatory Agency reviewed the petition and accompanying Annexation
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Agreement and recommended that the property be annexed into the
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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 <7"'")
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annexed into and made part of the City of Edgewater, Florida,
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certain real property described in Exhibits A and B, is hereby ~
Struck through passages are deleted.
Underlined passages are added.
92-0-18
1
I ........ ~OK PAGE
3780 2834
shall be subject to the jurisdiction, obligati~'bt'USl~nco~Ft, and
privileges of the municipality and to the terms of that certain
Annexation Agreement which is attached hereto and incorporated by
reference as Exhibit C.
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. wi thin 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 Gillespie and Second by
Councilman Hays, the vote on the first reading of this ordinance
held on August 17, 1992, was as follows:
Mayor Tanya B. Wessler
AYE
Councilman Kirk Jones
AYE
Struck through passages are deleted.
Underlined passages are added.
92-0-18
2
BOOK PAGE
....,., ~18 0 2 8 3 5
VOLUSIA CO. FL
Councilperson Louise A. Martin AYE
Councilperson NoraJalle Gillespie AYE
Councilman Michael Hays AYE
After Motion by Councilperson Gillespie and Second by
Councilperson Martin, the vote on the second reading of this
ordinance 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
PASSED AND DULY ADOPTED this 5th day of October, 1992.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
')
B~~L~G-~ bASk-
Tanya . Wessler
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
~A~,
~r'sta A. Storey
City Attorney
Struok through passages are deleted.
Underlined passages are added.
92-0-18
3
100K PAGE
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:1780 2836
'VOLUSIA CO. FL
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into by and between, the CITY
OF EDGEWATER, FLORIDA, a municipal corporation (hereinafter
referred to as "City"); WILLIAM A. RANKEN, NANI L. RANKEN and DORIS
E. ANGLETON (hereinafter collectively referred to as "Ranken"); and
MICHAEL C. McGHEE and JANICE M. McGHEE, his wife; THAD R.
SIZEMORE, JR. and KATHLEEN E. SIZEMORE, his wife; MICHAEL G. GREEN
and SHIRLEY A. GREEN, his wife; PAUL C. DELL and RUTH B. DELL, his
wife; and CHARLES H. BYRD and NANCY S. BYRD, his wife (hereinafter
collectively referred to as "Individual Owners").
WHEREAS, in order to have the right to utilize City utilities,
Ranken and Individual Owners have caused a Petition for Voluntary
Annexation to be filed for the property described in Exhibit A; 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; and
WHEREAS, Ranken, Individual Owners and City are mutually
desirous of providing for the orderly development of the annexed
land, including provision of infrastructure;
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. DESCRIPTION AND OWNERS
Ranken owns in fee simple a parcel of vacant land, consisting
of approximately 20 acres. The Individual Owners own smaller
residential parcels consisting of either one or two building
parcels. All the land owned by both Ranken and the Individual
Owners will be referred to collectively hereinafter as "the
Project".
The land comprising the Project is more specifically
described in the legal descriptions provided as "Exhibit A" which
is attached hereto and incorporated by reference. That portion of
the Project which is designated for commercial use is so identified
on Exhibit A. That portion of the Project which is designated for
residential use is so identified on Exhibit A.
1
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BOOK PAGE
3-~O 2837
VO~USIA co. FL
2. DURATION OF AGREEMENT
This Agreement shall remain in effect for five years from the
date of execution by the last party. In the event the improvements
provided for herein are not completed within said time period, the
parties agree to reconsider this Agreement.
3. PERMITTED USES
The Project shall be developed in compliance with the
subdivision plat which is attached hereto and incorporated by
reference as Exhibit B. In addition, attached hereto and
incorporated by reference as Exhibit C is a list of the uses
permitted within the commercial and residential areas of the
Project and the restrictions and densities which will be applicable
to the development of the Project.
4. PUBLIC FACILITIES
Any new development within the Project will require connection
to the City's water distribution system and wastewater system. The
parties stipulate that the City systems will be extended to the
Project and that the owner of any parcel in the Project agrees to
hook up to and utilize these services for any new development
within the Project. Responsibility for the development of these
facilities, and the date by which they will be completed, are as
follows:
a. Water lines to all parcels will be provided by the
City prior to February 1, 1993, contingent upon all necessary
permits having been received by the City by December 1, 1992.
Ranken shall be responsible for all necessary engineering and
permits for the water service. The design shall be subject to the
approval of the City. The City will provide all necessary
construction services and materials, including fire hydrants for
the water service. The City shall retain ownership of the water
lines. Ranken, as owner of Ranken Drive and Swordfish Lane, hereby
conveys to the City a perpetual easement over these roadways to
allow for the construction and maintenance of the water lines.
2
BOOK PAGE
w 3'~Q 2838
VOLUSIA CO. FL
Prior to service being rendered to any parcel within the Project,
the owner shall remit to the City the applicable impact fees and
connection charges pursuant to Section 19-11 and 19-42 of the
Edgewater Code of Ordinances.
b. Ranken shall be responsible for the engineering and
the construction of the required wastewater lines and lift station
for the Project. The required wastewater lines and lift station
will be completed by February 1, 1993, contingent upon all
necessary permits having been received by the City by December 1,
1992. The design and installation of the system shall be subject
to the approval of the City. Ranken shall be responsible for the
maintenance of the wastewater lines and lift station for a period
of one year after the approval of the constructed system by the
City. The City shall be responsible for maintenance of the system
thereafter. Prior to the City assuming maintenance responsibility,
Ranken shall dedicate to the City the wastewater lines and lift
station.
Ranken, as owner of Ranken Drive and Swordfish Lane
hereby conveys to the City a perpetual easement over these roadways
to allow for the maintenance of the wastewater lines. Ranken shall
also convey to the City a separate perpetual easement for the
purpose of operating and maintaining the lift station. Prior to
wastewater service being rendered to a parcel, the owner shall
remi t to the City the applicable impact and connection fees
pursuant to Section 19-31 and 19-42, Edgewater Code of Ordinances.
c . City acknowledges that Ranken has expended funds
for water and wastewater development and that Individual Owners
have agreed to reimburse Ranken for the costs of such development.
There are owners of various other parcels adjacent to the Project
that are not presently a party to this Agreement. If the owners of
these parcels should subsequently seek to utilize either the City
water supply or wastewater system provided by Ranken at anytime
within five years of the date of execution of this Agreement by the
last party, the City will assist Ranken in the collection from the
owners of these parcels of the amount paid to Ranken by the
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3780 2839
V'OLUSIA CO. FL
Individual Owners. Annexation is a prerequisite for the extension
of utility services by the City.
5. TRANSPORTATION IMPROVEMENTS
The Project is traversed by two existing private roadways,
Ranken Drive and Swordfish Lane. Pursuant to this Agreement, the
City assumes no responsibility for maintenance of these roads. In
order to provide necessary services to residents of the Project,
the City is granted permission to travel on Ranken Drive and
Swordfish Lane.
Ranken and Individual Owners, or a homeowners
association created by Ranken and Individual Owners, must provide
sufficient maintenance of the roadways to allow City vehicles to
safely travel on the roads without creating a hazard for either
City personnel or City equipment.
6. PERFORMANCE GUARANTEES
Should any part of the Project be sold to an individual or
corporation not already a party to this Agreement, the purchaser of
the site shall be bound by the terms of this Agreement and
applicable regulations of the City, where not inconsistent with, or
contrary to, this Agreement. Accordingly, Ranken and Individual
Owners shall record the Agreement with the Clerk of Circuit Court
in Volusia County.
7. CONSISTENCY OF DEVELOPMENT
The City agrees to permit the development of the Project in
the manner defined by this Annexation Agreement, the attached
exhibits, and applicable City ordinances consistent with, and not
contrary to, the terms of this Annexation Agreement.
Ranken and
Individual Owners are required to obtain site plan approval,
Department of Transportation driveway permits, and building permits
for the commercial parcels; building permits for the residential
parcels;
Volusia
County
Health
Department/Department
of
Environmental Regulation permits for the water distribution and
wastewater system; and all other applicable local, State and
Federal permits to allow construction as provided herein.
4
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B011K PAGE
3iSo 2840
VOLUSIA CO. FL
8 . AMENDMENT
This Agreement may only be amended in writing, upon mutual
consent of the parties, by the same method by which the original
Agreement has been adopted.
9. STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR
MATTERS
To the extent there is a conflict between this Agreement and
any existing City resolution, regulation or ordinance, this
Agreement shall control.
However, all other applicable City
ordinances in effect at the time of execution of this Agreement
continue to apply.
Further, the failure of this Agreement to
address a particular permit, condition, term or restriction shall
not forgive the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
10. APPEAL
If Ranken or Individuals Owners are aggrieved by any decision
of any City department head interpreting the terms of this
Agreement, that party shall first file a written appeal with the
City Manager. If Ranken or Individual Owners are aggrieved by a
decision of the City Manager, an appeal shall be made to the City
Council. The appeal shall be initiated by the filing of a written
request with the City Manager for placement of the issue on the
City Council agenda. After receiving the request, the City Manager
shall place the matter on the next available City Council agenda.
11. BINDING EFFECT
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
and all approved plans shall run with the land, and shall be
administered in a manner consistent with the laws of the State of
Florida.
5
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p<10K PAGE
3'80 284'
VOLUSIA co. FL
12. 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.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
BY~~\~~
Tanya Wessler
Mayor
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- Susan J. adsworth
City Clerk
Dated:
Od~ /9"; /97<!:-
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APPROVED FOR FORM
AND CORRECTNESS:
4tk-A~~
City Attorney
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wit e name typed
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witness name typed '
OWNER: ",
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William A. Ranken
STATE OF N~MEXICO
COUNTY OF rn rJ I d.-rn 0 c:.
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o,.'lhe forei.. ing instrument was acknowledged before me this
02. d day of ~ ' 1992, by WILLIN4 A. RANKEN, who
is personally I now to me or who has produced ~ _~t~
as identification and who did (did not) take
an. oath.'.
~. ~~ryrt,
Notary Public
Fabiola Sandoval
~otaryname typed
OWNER:
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,I {~t0 (:;!. I /VA/(,t,fr-C-t1.
Nani L. Ranken
STATE OF CALIFORNIA 0
COUNTY OF ~L/L-
'le foregoi
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pers~na~ known
(!" / ~ (') :J- 0
an oath.
~h. a ~ rH~HH''''''~'t
. b . A/vr\ i'~ .' " '. PHYLLIS ANN COPE
tar Publ.l.c :q: f: " COMM. #953363 z
~ ~ i Me: ... " Notary Public-California ~
... '~,"'i"P MARIN COUNTY ...
PfJ 'd: 1/ " '> N ,y Gp~ J .".' .., ".nm ..,... FEe 03.'996 I
Nota y name typed . . ..... ..... ..... ~ ~ ..... ~ ..... ~ ..... ..... ~ .....
instrument was acknowledged before me this
, 1992, by N~ L. ~KEN, who is
who has produced /J "J. /h.../}1! ..J.
identification and who did (did not) take
6
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~10K PAGE
,
3780 2843
OWNER: ,
VVf;~1L~~CCuu
Michael C. McGhee
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Marl A. Campbell
Witness name typed
l~~/?:!J~/ -
Witness name typed
Q?~~G~~~~
STATE OF FLORIDA
COUNTY OF I/olu bi t;
was acknowledged before me this
known to me or who have
as identification
MarV A. Campbell
Notary name typed
. NOTARY PUBLIC. STATE OF FLORIDA,
~JNeOMMISSIOH EXPIRES: DEC. e. Ug3.
1:0 THRU NOT,A"Y PUIIL.lc UNO.IlIWItITttt..
Camm. #AA729840
Witnessed by:
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DIANNE GLEASON
. ess name~typed
.
OWNER:
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Doris E. Angleto
PATRICIA LUND
Witness name typed
STATE OF COLORADO 4 u?
COUNTY OF l ftlLl j1/l (.A'<----'
.
) The foregoing instrument was acknowledged before me this
Lt day of 4-t )rr , 1992, by DORIS E. ANGLETON, who
is personally kn6wn to me or who has produced
as identification and who did (did not) take
an oa~h.
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, JANE P.;OGOOD
ONotary name typed
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Kimberly Cheezum
wi ness name typed
STATE OF FLORIDA
COUNTY OF VOLUSIA
sori( PAGE
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3780' 2841..
VOLUSIA co. FL
Owner: ~
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Shirley . Green
The foregoing instrument was acknowledged before me this /~~
day of September, 1992, by MICHAEL G. GREEN AND SHIRLEY A. GREEN,
who are personally known to me ~Exwk0xka~6x~~~~~~~ij
iltlK~and who did not (did
not) take)'ah' oath.
Ghiiv '~D:~~ ~{lf
Nota,ry~uplic
"Btla.. ,D. f.:"re./deJl
Notary name typed
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Witnessed by:
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Witness n e typed ~
./~~IVV'Sl-ee~ vy~ 8. . ~~
~ ~1c;;~~"r~leen E. Sizemo-e 1J
W1 ness name typed
STATE OF FLORIDA
COUNTY OF VOLUSIA
;z.The foregoing instrument was acknowledged before me this
\ B'.... day of 5epTC-N'obE>( , 1992, by THAD R. SIZEMORE, JR.
.and KATHLEEN E. SIZEMORE, who are personally known to me or who
bave produced as
identification and who did (did no~' take an oath.
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~!.y:Jiublic F
'.Q! e<!!> rq e.. ~o'S s Gs feeD r /
Notary name typed
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NOTARY PUBLIC. STATE OF FLORIDA.
MY COMMISSION EXPIRES: FEB. 6. 1994.
aONDED THRU NOTARY PUBLIC UNDERWRITERS)
8
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:.-OK PAGE
,
3780 2845
a VOLU~~~GO. FL,
~dk~ ;ddf!jL
Charles H. Byrd
A. Giese
~~. nes~ nje t~ped
If I) J)q~
(/ ~ /
I /J(att " ., crt
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Nancy . Byr ..
Mina A. Wales
Witness name typed
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me this 10th
day of September ,1992, by CHARLES H. BYRD AND NANCY S. BYRD,
who are personally known to me XW<XvO~X>><X1X~~~;(:QOO(l(~~XXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXX XXXXXXX as identification and who ~ (did
not) tak an oath.
:'\~~v Pu<9. O",.,C'AL NOTARY SEAL
~O.("0 LISA A GIESe
1J, l . It COMMISSION NUMBER
7. . ~ CC179576
~ o~ MY COUMISSION EXP.
OFF\. MAR. 3.1996
A. Giese
Witnessed by:
Jd;~- S ?f~-'\o,~,
Alice S. Johnson
Witness name typed
~afi<ttAA O.I-{JAt1/?)
Owner /tLt/~
Paul C. Dell
Barbara A. DeBarr
Witness name typed
-:R~,1:> - Wi
Ruth B. Dell
STATE OF FLORIDA
COUNTY OF ALACHUA
The foregoing instrument was acknowledged before me this ~
day of September, 1992, by PAUL C. DELL AND RUTH B. DELh, who are
personally known to me or who have produced thit'lA,~ I/u,t.u.-L
as identification and who did not (did not)
take an oath. r.
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Notary Publici / (
Marilyn A. Glowczewskie
Notary name typed
n No. CC 089413
9
EXHIBIT "A"
BOOK
~780
VOLUSIA CO. FL
PAGE
2846
'-"
Legal description of property to be annexed.
,
That portion of the south 300 feet lying easterly of U. S.
Highway No. I, U. S. Lot 7, Section 2, Township 18 South; Range
34 East and a portion of U. S. Lot I, Section I, Township 18
South; Range 34 East, all being described as follows:
Beginning at the Southeast corner of U. S. Lot 7, Section 2,
Township 18 South; Range 34 East; thence S 890 56' 54" W along
the southerly line of the said U. S. Lot 7, a distance of 550.12
feet to the easterly R/W line of U. S. Highway #1, a 158 foot
Right of Way as now laid out; thence N 210 01' 48" W along said
Easterly R/W, a distance of 320.83 feet; thence departing said
R/W, N 890 54' 14" E, a distance of 662.80 feet to the westerly
line of U. S. Lot 1, Section I, Township 18 South; Range 34 East;
thence N 000 35' 00" W, along said Westerly line, a distance of
619.64 feet; thence S 890 54' 35" E, a distance of 50.00 feet;
thence S 000 35' 00" E, a distance of 348.00 feet; thence S 890
59' 28" E, a distance of 296.96 feet to the approximate shoreline
of the westerly bank of the Indian River North; thence
Southeasterly along said shoreline the following nine courses and
distances; (1) S 230 29' 57" E, a distance of 129.38 feet; thence
(2) S 380 43' 17" E, a distance of 90.71 feet; thence (3) S 460
08' 33" E, a distance of 27.79 feet; thence (4) S 880 06' 36" E,
a distance of 56.14 feet; thence (5) S 780 12' 26" W, a distance
of 45.52 feet; thence (6) S 080 31' 22" E, a distance of 104.21
feet; thence (7) S 240 46' 00" E, a distance of 151.01 feet;
thence (8) S 390 32' 23' E, a distance of 91.47 feet; thence (9)
S 360 19' 02" E, a distance of 63.65 feet; thence leaving said
shoreline S 680 24' 14" W, a distance of 300.00 feet; thence S
260 00' 46" E, a distance of 100.00 feet; thence N 680 24' 14" E,
a distance of 300.00 feet to the said approximate shoreline of
the Indian River North; thence Southeasterly along said shoreline
the following six courses and distances (1) S 220 05' 13" E, a
distance of 149.56 feet; thence (2) S 210 52' 16" E, a distance
of 209.38 feet; thence (3) S 330 10' 12" E, a distance of 203.54
feet; thence (4) S 300 55' 30" E, a distance of 91.98 feet;
thence (5) S 310 03' 46" E, a distance of 210.96 feet; thence (6)
S 310 13' 35" E, along said shoreline, a distance of 6.74 feet to
the northerly line of Edgewater Landing Phase I, according to
plat thereof recorded in Map Book 42, pages 65 through 67 of the
Public Records of Volusia County, Florida; thence S 670 27' 56" W
along said northerly line of Edgewater Landing Phase I, a
distance of 386.24 feet; thence N 260 02' 19" W, a distance of
712.29 feet; thence S 670 26' 59" W, a distance of 100.00 feet;
thence N 260 01' 36" W, a distance of 2.36 feet; thence S 680 23'
23" W, a distance of 0.35 feet; thence N 250 59' 16" W, a
distance of 150.07 feet; thence N 680 32' 46" E, a distance of
0.25 feet; thence N 260 01' 36" W, a distance of 20.46 feet;
thence S 890 56' 37" W, a distance of 265.61 feet to the said
westerly line of U. S. Lot 1, Section 1; thence N 000 28' 03" W
along said Westerly line, a distance of 260.07 feet to the Point
of Beginning. Together with accreted land lying easterly
thereof. .Containing 21.16 acres more or less.
qOOK PAGE
... ....,
EXHIBIT "A" (continued) 3780 284 7
. (1) Proposed Commercial: ',VOL USIA CO. FL
A portion of the South 300 feet lying easterly of U. S. Highway
#1, U. S. Lot 7, Section 2, Township 18 South; Range 34 East and
being described as follows:
Commence at the Southeast corner of U. S. Lot 7, Section 2,
Township 18 South; Range 34 East; thence S 890 56' 54" W along
the southerly line of said U. S. Lot 7, a distance of 228.82 feet
for the POINT OF BEGINNING; thence continue S 890 56' 54" W, a
distance of 321.30 feet to the easterly R/W line of U. S. Highway
#1, a 158 foot R/W as now laid out; thence N 210 01' 48" W along
said Easterly R/W, a distance of 320.83 feet; thence leaving said
R/W, N 890 54' 14" E, a distance of 321.20 feet; thence S 210 01'
48" E, a distance of 321.10 feet to the Point of Beginning.
Containing 2.21 acres more or less.
(2) Proposed Residential: A portion of the south 300 feet of U.
S~ Lot 7,' Section 2, Township 18 South; Range 34 East and a
portion of U. S. Lot 1, Section 1, Township 18 South; Range 34
East, all being described as follows:
Beginning at the Southeast corner of U. S. Lot 7, Section 2,
Township 18 South; Range 34 East; thence S 890 56' 54" W, along
the southerly line of said U. S. Lot 7, a distance of 228.82
feet; thence N 210 01' 48" W, a distance of 321.10 feet; thence N
890 54' 14" E, a distance of 341.60 feet to the Westerly line of
U. S. Lot 1, Section 1, Township 18 South; Range 34 East; thence
N 000 35' 00" W, along said Westerly line, a distance of 619.64
feet; thence S 890 54' 35" E, a distance of 50.00 feet; thence S
000 35' 00" E, a distance of 348.00 feet; thence S 890 59' 28" E,
a distance of 296.96 feet to the approximate shoreline of the
westerly bank of the Indian River North; thence Southeasterly
along said shoreline the following nine courses and distances;
(1) S 230 29' 57" E, a distance of 129.38 feet; thence (2) S 380
43' 17" E, a distance of 90.71 feet; thence (3) S 460 08' 33" E,
a distance of 27.79 feet; thence (4) S 880 06' 36" E, a distance
of 56.14 feet; thence (5) S 780 12' 26" W, a distance of 45.52
feet; thence (6) S 080 31' 22" E, a distance of 104.21 feet;
thence (7) S 240 46' 00" E, a distance of 151.01 feet; thence (8)
S 390 32' 23' E, a distance of 91.47 feet; thence (9) S 360 19'
02" E, a distance of 63.65 feet; thence leaving said shoreline S
680 24' 14" W, a distance of 300.00 feet; thence S 260 00' 46" E,
a distance of 100.00 feet; thence N 680 24' 14" E, a distance of
300.00 feet to the said approximate shoreline of the Indian River
North; thence Southeasterly along said shoreline the following
six courses and distances; (1) S 220 05' 13" E, a distance of
149.56 feet; thence (2) S 210 52' 16" E, a distance of 209.38
feet; thence (3) S 330 10' 12" E, a distance of 203.54 feet;
thence (4) S 300 55' 30" E, a distance of 91.98 feet; thence (5)
S 310 03' 46" E, a distance of 210.96 feet; thence (6) S 310 13'
35" E, along said shoreline, a distance of 6.74 feet to the
northerly line of Edgewater Landings Phase 1, according to plat
thereof r~corded in Map Book 42, pages 65 through 67 of the
Public Records of Volusia County, Florida; thence S 670 27' 56" W
along said northerly line of Edgewater Landing Phase 1, a
distance of 386.24 feet; thence N 260 02' 19" W, a distance of
712.29 feet; thence S 670 26' 59" W, a distance of 100.00 feet;
thence N 260 01' 36" W, a distance of 2.36 feet; thence S 680 23'
23" W, a distance of 0.35 feet; thence N 250 59' 16" W, a
distance of 150.07 feet; thence N 680 32' 46" E, a distance of
0.25 feet; thence N 260 01' 36" W, a distance of 20.46 feet;
thence S 890 56' 37" W, a distance of 265.61 feet to the said
westerly line of U. S. Lot 1, Section 1; thence N 000 28' 03" W
along said Westerly line, a distance of 260.07 feet to the Point
of Beginning. Together with accreted land lying easterly thereof.
Containing 18.9~ acres more or less.
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Art. VII
VOLUSIA COUNTY CODE
Art. VII
/'
ide yard: //
utting any lot: 20 feet combined, minimum of 8 feet on anyone side. COrd. No. 81-39,
* , 11-19.81) /
Abutti any street: 30 feet. /'
Waterfront ard: 20 percent oflot depth but not less than 25 feet, o{the required shoreline
burrer, whic ever is greater. (Ord. No. 82-20, ~ XIII, 12-,9,62; Ord. No. 90-34, ~ 15,
10.27.90) //
Maximum lot coverage: Th total lot area covered ,with principal and accessory buildings
3hall not exceed 35 percent:\ /
Minimum /Zoor area: 1,200 squariHeet. (O~~. 81-39, ~ X, 11-19-81)
Off-Street Parking and Loading R~ ents: Off.street parking and loading areas meeting
the requirements of sections 810.00 an 1.1.00 shall be constructed. (Ord. No. 90-34, ~ 15,
10-27.90) '"
Types of Signs Permitted: ~ .
Ground signs (refer to sectio 822.00 et seq. for additional regulations). (Ord. No. 86.16, ~ IX,
"-
10-23-86) ''''
Projecting signs (refer 0 section 822.00 et seq. for additional regulations). (Ord. No. 86.16,
~ IX, 10.23-86) ""'",
Temporary signs efer to section 822.00 et seq. for additional r~gulations). (Ord. No. 86-16,
~ IX, 10-23.8 """
R-3 URBAN SINGLE-FAMILY
RESIDENTIAL CLASSIFICATION
Purpose and Intent: The purpose and intent of the R-3 Urban Single-Family Residential
Classification, is to provide medium-low-density residential developments, preserving the char-
acter of existing or proposed residential neighborhoods.
Permitted Principal Uses and Structure: In the R-3 Urban Single-Family Residential
Classification, no premises shall be used except for the following uses and their customary
accessory uses or structures:
Single-family standard or manufactured dwelling. (Ord. No. 84-1, ~ X, 3-8-84)
Cluster subdivisions (refer to section 828.02) (Ord. No. 90-34, ~ 16, 10-27-90)
Parks and recreational areas accessory to residential developments.
Home occupations, class A (refer to section 807.00).
Essential utility services. (Ord. No. 84-1, ~ III, 3-8-84)
Exempt excavations (refer to section 817.00(0)) and/or those which comply with article VIII
of the Land Development Code of Volusia County [appendix A] and/or final site plan
review procedures of this ordinance. (Ord. No. 84-1, ~ III, 3-8-84; Ord. No. 89-20, ~ VI,
6-8-89; Ord. No. 90.34, ~ 16, 10-27.90)
Supp. No. 60
50
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EXHIBIT "e"
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Art. VII
APPENDIX B-ZONING ORDINANCE
Art. VII
Exempt landfills (refer to section 817.00(p)). (Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90.34, ~
16, 10-27.90)
Permitted Special Exceptions: Additional regulations/requirements governing permitted
special exceptions are located in sections 817.00 and 1104.00 of this ordinance. (Ord. No. 90.34,
~ 16, 10-27.90)
Bed and breakfast homestay (refer to section 817.00(s)). (Ord. No. 90-34, ~ 16, 10.27.90)
Public utility uses and structures (refer to section 817.00(a)). (Ord. No. 84.1, ~ III, 3.8.84)
Garage apartments.
Recreational areas, e.g. golf courses, country clubs, swim clubs, tennis clubs, etc. (refer to
section 817.00(c)).
Houses of worship and cemeteries (refer to section 817.00(d)).
Schools, parochial or private (refer to section 817.00(d)).
Day care centers (refer to section 817.00(0). (Ord. No. 90.34, ~ 16, 10.27.90)
Antennas exceeding 70 feet in height above ground level.
Zero lot line residential subdivisions (refer to section 817.00(h)).
Excavations only for storm water retention ponds for which a permit is required by this
ordinance. (Ord. No. 84-1, ~ VII, 3-8-84; Ord. No. 89.20, ~ VII, 6-8-89)
Public uses.
Off.street parking areas (refer to section 817.00(n)). (Ord. No. 85-2, ~ I, 3.14.85; Ord. No.
90.34, ~ 16, 10-27-90)
Dimensional Requirements:
Minimum lot size:
Area: 10,000 square feet.
Width: 85 feet.
Minimum yard size:
Front yard: 30 feet.
Rear yard: 20 percent of the depth of the lot but not less than 20 feet.
Side yard:
Abutting any lot: 20 feet combined, minimum of 8 feet on anyone side. (Ord. No. 81.39,
~ XI, 11.19-81)
Abutting any street: 30 feet.
Waterfront yard: 20 percent oflot depth but not less than 25 feet, or the required shoreline
buffer, whichever is greater. (Ord. No. 82-20, ~ XIII, 12-9-82; Ord. No. 90.34, ~ 16,
10-27.90)
Maximum building height: 35 feet.
Maximum lot coverage: The totaIlot area covered with principal and accessory buildings
shall not exceed 35 percent.
Minimum floor area: 1,000 square feet., (Ord. No. 81.39, ~ XI, 11.19-81)
Supp. No. 60
51
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BOOK PAGE
318lf ' ?85 ,
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EXHIBIT "e"
Art. VII
VOLUSIA COUNTY CODE
Art. VII
Off-Street Parking and Loading Requirements: Off-street parking and loading areas meeting
the requirements of sections 810.00 and 811.00 shall be constructed. (Ord. No. 90-34, ~ 16,
10.27-90)
Types of Signs Permitted:
Ground signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~ IX,
10-23-86)
Projecting signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16,
~ IX, 10-23-86)
Temporary signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16,
~ IX, 10-23-86)
R-4 URBAN SINGLE-FAMILY
RESIDENTIAL CLASSIFICATION
Purpose and Intent: The purpose and intent of the R-4 Urban Single-Family Residential
Classification is to provide medium-density residential developments, preserving the char-
acter of existing or proposed residential neighborhoods.
Permitted Principal Uses and Structures: In the R-4 Urban Single-Family Residential
Classification, no premises shall be used except for the following uses and their customary
accessory uses or structures:
Single-family standard or manufactured dwelling. (Ord. No. 84-1, ~ X, 3-8-84)
Cluster subdivisions. (refer to section 828.02). (Ord. No. 90-34, ~ 17, 10-27-90)
Parks and recreational areas accessory to residential developments.
Home occupations, class A (refer to section 807.00).
Essential utility services. (Ord. No. 84-1, ~ III, 3-8-84)
Exempt excavations (refer to section 817.00(0)) and/or those which comply with article VIII
of the Land Development Code of Volusia County [appendix A] and/or final site plan
review procedures of this ordinance. (Ord. No. 84-1, ~ III, 3-8-84; Ord. No. 89-20, ~ VI,
6-8-89; Ord. No. 90-34, ~ 17, 10-27-90)
Exempt landfills (refer to section 817.00(p)). (Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90-34, ~
17, 10-27-90)
Permitted Special Exceptions: Additional regulations/requirements governing permitted
special exceptions are located in sections 817.00 and 1104.00 of this ordinance. (Ord. No. 90-34,
~ 17, 10-27-90)
Bed and breakfast homestay (refer to section 817.00(s)). (Ord. No. 90-34, ~ 17, 10-27-90)
Public utility uses and structures (refer to section 817.00(a)). (Ord. No. 84-1, ~ III, 3-8-84)
Garage apartments.
Recreational areas, e.g. golf courses, country clubs, swim clubs, tennis clubs etc. (refer to
section 817.00(c)).
Houses of worship and cemeteries (refer to section 817.00(d)).
Schools, parochial or private (refer to section 817.00(d)).
Supp. No. 60
52
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BOOK PAGE
3 ~p :,'2, 852
VOLUSI.ACO. Fl..
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Art. VII
APPENDIX B-ZONING ORDINANCE
Art. VII
B-4 GENERAL COMMERCIAL CLASSIFICATION
Purpose and Intent: The purpose and intent of the B-4 General Commercial Classification
is to encourage the development of intensive commercial areas providing a wide range of goods
and services, and located adjoining at least one major collector or arterial road. The B-4
classification is intended to be applied to existing or developing strip retail areas which,
because of the nature of existing development, are not appropriate for inclusion in the B-3
Shopping Center Classification.
Permitted Principal Uses and Structures: In the B-4 General Commercial Classification,
no premises shall be used except for the following uses and their customary accessory uses or
structures:
Retail sales and services. (Ord. No. 84-1, ~ XXXI, 3-8-84)
Automobile driving schools.
Automobile rental agencies.
Barber and beauty shops.
Catering services.
Funeral homes.
Boat, mobile home and recreationdl vehicle sales and service establishments. (Ord.. No.
87-14, * V, 6.18.87)
Automobile sales, new and used. (Ord. No. 84.1, ~ XXXI, 3-8-84)
Automobile service station, types A and C. (Ord. No. 84-1, ~ XXXI, 3-8-84)
Pawnshops.
Pest exterminators.
Private clubs. (Ord. No. 84.1, ~ XXXI, 3.8.84)
Tailors.
Veterinary clinics.
Retail specialty shops.
Auction parlors.
Bars and liquor stores.
Bowling alleys.
Art, dance, modeling and music schools.
Employment agencies.
Financial institutions.
Game rooms or arcades for pool, billiards, pinball machines, jukeboxes or other coin.
operated amusements.
Laundry and dry cleaning establishments.
Nightclubs.
Travel agencies.
Stamp redemption centers.
Taxicab stands.
Theaters.
General offices. (Ord. No. 82-20, ~ VIII, 12-9-82; Ord. No. 84-1, ~ XXVI, 3.8-84)
Essential utility services. (Ord. No. 84.1, ~ III, 3-8-84)
Supp. No. 60
85
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vOLUSIA.:CO. FL
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EXHIBIT "e"
Art. VII
VOLUSIA COUNTY CODE
Art. VII
Dental laboratories. (Ord. No. 90-34, ~ 33, 10-27-90)
Exempt excavations (refer to section 817.00(0)) and/or those which comply with article VIII
of the Land Development Code of Volusia County [appendix A] and/or final site plan
review procedures of this ordinance. (Ord. No. 84-1, ~ III, 3-8-84; Ord. No. 89-20, ~ VI,
6-8-89; Ord. No. 90-34, ~ 33, 10-27-90)
Exempt landfills (refer to section 817.00(p)). (Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90-34, ~
33, 10-27-90)
Household moving center. (Ord. No. 90-34, ~ 33, 10-27-90)
Recycling collection center. (Ord. No. 90-34, ~ 33, 10-27-90)
Restaurants, types A and B. (Ord. No. 84-1, ~ XXXI, 3-8-84)
Retail plant nursery. (Ord. No. 84-1, ~ XXXI, 3-8-84)
Home occupations, class A (refer to section 807.00). (Ord. No. 86-16, ~ X, 10-23-86)
Permitted Special Exceptions: Additional regulations/requirements governing permitted
special exceptions are located in sections 817.00 and 1104.00 of this ordinance. (Ord. No. 90-34,
~'33, 10-27-90)
Public uses.
Public utility uses and structures (refer to section 817.00(a)). (Ord. No. 84-1, ~ III, 3-8-84)
ProCessional or trade schools related to permitted uses (refer to section 817.00(b)).
Only one single-family dwelling for the owner or manager of an existing permitted principal
use. fOrd. No. 84-1, ~~ XXX, XXXI, 3-8-84)
Bus stations.
Houses of worship and cemeteries (refer to section 817.00(d)).
Schools, parochial or private (refer to section 817.00(d)).
Mini-warehouses (refer to section 817.00(e)).
Day care centers (refer to section 817.00(0). (Ord. No. 90-34, ~ 33, 10-27-90)
Group homes (refer to section 817.00(1). (Ord. No. 90-34, ~ 33, 10-27-90)
Nursing homes, boardinghouses approved by the appropriate state agency (refer to section
817.00(1)). (Ord. No. 84-1, ~ XXXI, 3-8-84; Ord. No. 90-34, ~ 33, 10-27-90)
Antennas exceeding 70 feet in height above ground level.
Car washes.
Entertainment and recreational uses and structures.
Hotel/motel. (Ord. No. 84-1, ~ XXXI, 3-8-84)
Bicycle motocross tracks.
Excavations only for stormwater retention ponds for which a permit is required by this
ordinance. (Ord. No. 84-1, ~ VII, 3-8-84; Ord. No. 89-20, ~ VII, 6-8-89)
Curb market. (Ord. No. 84-1, ~ XXXI, 3-8-84)
Dimensional Requirements:
Minimum lot size:
Area: 15,000 square feet. (Ord. No. 90-34, ~ 33, 10-27-90)
Width: 75 square feet. (Ord. No. 90-34, ~ 33, 10-27.90)
Supp. No. 60
86
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EXHIBIT "e" I
AI,t. VII
APPENDIX B-ZONING ORDINANCE
Art. VII
"
Minimum yard size:
Front yard: 35 feet.
Side and rear yard: 10 feet unless abutting nny residentially zoned property, then 35 feet.
Waterfront yard: 25 feet, or the required shoreline buffer, whichever is greater. (Ord. No.
82-20, ~ XIII, 12-9.82; Ord. No. 90.34, ~ 33, 10.27.90)
Maximum building height: 45 feet.
Maximum lot eouerage: The total lot area covered with principal and accessory buildings
shall not exceed 35 percent.
Off-Street Parking and Loading Requirements: Off-street parking and loading areas meeting
the requirements of section 810.00 shall be constructed. (Ord. No. 90.34, ~ 33, 10.27.90)
Landscape Buffer Requirements: Landscaped buffer areas meeting the requirements of
section 808.00 shall be constructed.
Final Site Plan Requirements: Final site plan approval mef'.t.ing the requirements of ar.
ticle III of the land development code [appendix A) is required. (Ord. No. 82.20, fi X, 12.9.82j
Ord. No. 88.2, fi IV, 1.19.88)
Types of Signs Permitted:
Ground signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86.16, ~ X,
10.23.86)
Marquee signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~
X, 10.23.86)
Projecting signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16,
fi X, 10-23.86)
Roof signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86.16, fi X, :
10.23.86)
Temporary signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86.16,
f X, 10.23.86)
Wall signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86.16, ~ X,
10.23-86)
- B.5 HEAVY COMMERCIAL CLASSIFICATION __________
;;;;p;;."~II~:'t: The purpose and iulent oC lh. B.5 Heavy ,Pomm;;;:clal CI.ssification
is to provide areas for ercial uses and structures tI~e1lOi generally compatible with
B-4 uses and structures. ~
Permitted Principal Uses and Strllctur . ~'5 Heavy Commercial Classification, no
Pl'emises shall be used except for!h ollowing uses 1m their customary accessory uses or
structures: ./
Beauty and barber ops.
Retail speci shops.
Reta!!--sa es and services.
~lffion parlors.
Supp. No, 60
87
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BQOK PAGE
3,.30 2855
VOLUSIA CO. FL
CERTIFICATION
I, Susan J. Wadsworth, City Clerk of the City of Edgewater,
Florida, do hereby certify that the attached is a true and correct
copy of Ordinance No. 92-0-18 as it appears in the public records
of the City of Edgewater, Florida.
IN WITNESS WHEREOF, I have set my hand and the official seal
of the
City of Edgewater, Florida, this day of
0 , 1992.
Susan Wadsworth
City OfIrk
P #Adl
143828
ORDINANCE NO. 92-0-18
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED IN SECTION 2, TOWNSHIP 18 SOUTH, RANGE
34 EAST AND SECTION 1, TOWNSHIP 18 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 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; PROVIDING FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. William A. Ranken, Nani L. Ranken, Doris E. Angleton,
Michael C. McGhee, Janice M. McGhee, Thad R. Sizemore, Jr.,
Kathleen E. Sizemore, Michael G. Green, Shirley A. Green, Paul C.
Dell, Ruth B. Dell, Charles H. Byrd and Nancy S. Byrd are the
owners of certain real property located in Volusia County, Florida,
which is more particularly described in Exhibits A and B which are
attached hereto and incorporated by reference.
2. The owners have 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 July 16, 1992, the Land Development 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 Exhibits A and B, is hereby
annexed into and made part of the City of Edgewater, Florida, and
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Underlined passages are added.
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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 C.
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 0£ 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 Gillespie and Second by
Councilman Hays, the vote on the first reading of this ordinance
held on August 17, 1992, was as follows:
Mayor Tanya B. Wessler AYE
Councilman Kirk Jones AYE
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Underlined passages are added.
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Councilperson Louise A. Martin AYE
Councilperson NoraJane Gillespie AYE
Councilman Michael Hays AYE
After Motion by Councilperson Gillespie and Second by
Councilperson Martin, the vote on the second reading of this
ordinance 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
PASSED AND DULY ADOPTED this 5th day of October, 1992.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
B.
Tanya 1U. Wessler
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
/ Q7"V ifM.
r sta A. Storey
City Attorney
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Underlined passages are added.
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