91-O-15
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ORDINANCE NO. 91-0-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, REZONING APPROXIMATELY 450 ACRES OF
PROPERTY KNOWN AS VICTORIA LAKES AND LOCATED IN SECTION
48, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY,
FLORIDA, AND ANNEXED INTO THE CITY OF EDGEWATER PURSUANT
TO ORDINANCE NO. 91-0-14 FROM VOLUSIA COUNTY A-3 TO CITY
OF EDGEWATER MH-2 MANUFACTURED HOME SUBDIVISION DISTRICT
AND B-3 HIGHWAY SERVICE BUSINESS DISTRICT; DIRECTING THE
CITY CLERK TO ADVERTISE THIS ORDINANCE AS PROVIDED BY
LAW; AMENDING THE OFFICIAL MAP OF THE CITY OF EDGEWATER
ACCORDINGLY; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.041 (c)(l), Florida Statutes, provides
the procedure for the rezoning of specific parcels of private real
property involving less than five (5%) percent of the total land
of the municipality; and
WHEREAS, Section 1100 of the Code of Ordinances of the City
of Edgewater provides for amendment to the zoning ordinance and
Official Zoning Map of the City of Edgewater; and
WHEREAS, pursuant to Ordinance No. 91-0-14, the City Council
of the City of Edgewater annexed into the City certain real
property described in Exhibit A which is attached hereto and
incorporated by reference; and
WHEREAS, the Land Development and Regulatory Agency has
reviewed the application for rezoning of said property and
recommended to the City Council said rezoning; and
WHEREAS, the City Council of the City of Edgewater, Florida,
has determined that such rezoning is consistent with the
Comprehensive Plan of the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
EDGEWATER, FLORIDA:
SECTION 1: That the property described in Exhibit B which is
attached hereto and incorporated by reference is hereby rezoned
from its present Vol usia County A-3 to MH-2 Manufactured Home
Subdivision District.
Not Adopted
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SECTION 2: That the property described in Exhibit C which is
attached hereto and incorporated by reference is hereby rezoned
from its present Volusia County A-3 to B-3 Highway Service Business
District.
SECTION 3: That the City Clerk is hereby directed before the
final adoption of this ordinance to take the following steps:
(a) Notify by mail each real property owner whose land is
being rezoned or will be affected by the change in
permitted use by enactment of this Ordinance.
(b) The notice shall state the substance of the Ordinance as
it affects the property owner and shall set forth a time
and place for a public hearing.
(c) The notice shall be given at least thirty (30) days
prior to the date set for the public hearing.
(d) A copy of said notice shall be kept available for public
inspection during regular business hours.
(e) In addition, the provisions of Section 1101.00, 1102.00,
and 1103.00 of the Code of Ordinances of the City of
Edgewater shall be complied with.
SECTION 4: That after having complied with all the necessary
prerequisites and this Ordinance therefore being adopted pursuant
to law, the official Zoning Map of the City of Edgewater, Florida,
shall be amended to reflect the change in zoning of the above
described parcels or property.
SECTION 5: That all ordinances or parts of ordinances and
all resolutions in conflict herewith be and the same are hereby
repealed.
SECTION 6: If any section, part of a section, paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provisions of this ordinance shall not be affected.
SECTION 7: This Ordinance shall take effect immediately upon
its adoption by the City Council of the City of Edgewater, Florida
and approval as provided by law.
2
Ord. 91-0-15
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This Ordinance was introduced by
Councilman Hays
This Ordinance was read on first reading and passed by a vote
of the City Council of the City of Edgewater, Florida, and approval
as provided by law, at a
Regular
meeting of said Council held
on the
4
day of
November
, 19 9!:...- .
The second reading of this Ordinance to be at a
meeting of the City Council of the City of Edgewater, Florida, to
be held on the
day of
, 199_.
FIRST READING:
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ROLL CALL VOTE ON ORDINANCE NO.
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SECOND READING:
MAYOR
COUNCILMAN - ZONE ONE
COUNCILPERSON - ZONE TWO
COUNCILPERSON - ZONE THREE
COUNCILMAN - ZONE FOUR
ATTEST:
CITY CLERK
This Ordinance read and adopted on second reading at a
meeting of the City Council of the City of Edgewater, Florida, and
authenticated this day of , 199_
MAYOR
Approved for form and correctness:
City Attorney
3
Ord. 91-0-15
EXHIBIT "A"
LEGAL DESCRIPTION
THE FOLLOWING DESCRIBED REAL PROPERTY ALL LYING AND BEING IN THE
COUNTY OF VOLUSIA AND STATE OF FLORIDA.
THAT PART OF SECTION 48, TOWNSHIP 18 SOUTH, RANGE 34 EAST,
BEING PART OF THE JANE MURRAY GRANT, LYING WESTERLY OF U.S. NO. 1
HIGHWAY AS NOW LAID OUT. (NOTE: THE "JANE MURRAY GRANT" IN ITS
ENTIRETY, CONSISTS SOLELY OF ALL OF SECTIONS 48 AND 49 OF
TOWNSHIP 18 SOUTH, RANGE 34 EAST, AS CLARIFIED BY FINAL DECREE OF
THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, VOLUSIA COUNTY,
FLORIDA FILED DECEMBER 5, 1916 AT MINUTE BOOK 9, PAGE 116.)
EXCEPTING THEREFROM, A PARCEL OF LAND DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE WEST LINE OF U.S. NO. 1 HIGHWAY
AND THE NORTH LINE OF SAID MURRAY GRANT; THENCE ALONG SAID MURRAY
GRANT S68 DEGREES 31'56"W 1005.8 FEET; THENCE S22 DEGREES 49126"E
1732.3 FEET; THENCE N68 DEGREES 31'56"E 1005.8 FEET TO THE WEST
RIGHT OF WAY OF U.S. NO. 1 HIGHWAY; THENCE ALONG SAID WEST RIGHT
OF WAY N22 DEGREES 49'26"W 1732.3 FEET TO THE POINT OF BEGINNING,
CONTAINING 40 ACRES MORE OR LESS.
AND EXCEPTING THEREFROM, THAT PORTION OF THE SOUTH 1/2 OF
THE NORTH 52.465 CHAINS OF THE EAST 8 CHAINS OF SECTION 48,
TOWNSHIP 18 SOUTH, RANGE 34 EAST LYING WESTERLY OF SAID U.S. NO.
1 HIGHWAY; THE WEST LINE OF THIS EXCEPTION BEING CLARIFIED BY
FINAL DECREE OF THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT,
VOLUSIA COUNTY, FLORIDA FILED JULY 25, 1945 AT CHANCERY ORDER
BOOK 94, PAGE 516 AS OPPOSED TO THE UNDEFINABLE WEST LINE OF THAT
CERTAIN METES AND BOUNDS DESCRIPTION FOUND IN THAT SAME FINAL
DECREE.
AND EXCEPTING THEREFROM THE FLORIDA EAST COAST RAILWAY, A
100 FOOT RIGHT OF WAY.
AND EXCEPTING THEREFROM THE VOLCO ROAD RIGHT OF WAY AS MAY
BE CLAIMED BY VOLUSIA COUNTY, FLORIDA.
U.S. LOT 2, SECTION 14, TOWNSHIP 18 SOUTH, RANGE 34 EAST
EXCEPTING THEREFROM THE EAST 330 FEET OF THE WEST 660 FEET OF THE
NORTH 660 FEET AND EXCEPTING THEREFROM THE VOLCO ROAD RIGHT OF
WAY AS MAY BE CLAIMED BY VOLUSIA COUNTY, FLORIDA.
U.S. LOTS 3 AND 4, SECTION 14, TOWNSHIP 18 SOUTH, RANGE 34
EAST.
(SAID PARCEL CONTAINING 449.89 ACRES, MORE OR LESS.)
REL- IVED OCT 2 8 1a
EXHIBIT "B"
LEGAL DESCRIPTION
THE FOLLOWING DESCRIBED REAL PROPERTY ALL LYING AND BEING IN THE
COUNTY OF VOLUSIA AND STATE OF FLORIDA.
THAT PART OF SECTION 48, TOWNSHIP 18 SOUTH, RANGE 34 EAST,
BEING PART OF THE JANE MURRAY GRANT, LYING WESTERLY OF U.S. NO. 1
HIGHWAY AS NOW LAID OUT. (NOTE: THE "JANE MURRAY GRANT" IN ITS
ENTIRETY, CONSISTS SOLELY OF ALL OF SECTIONS 48 AND 49 OF
TOWNSHIP 18 SOUTH, RANGE 34 EAST, AS CLARIFIED BY FINAL DECREE OF
THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, VOLUSIA COUNTY,
FLORIDA FILED DECEMBER 5, 1916 AT MINUTE BOOK 9, PAGE 116.)
EXCEPTING THEREFROM, A PARCEL OF LAND DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE WEST LINE OF U.S. NO. 1 HIGHWAY
AND THE NORTH LINE OF SAID MURRAY GRANT; THENCE ALONG SAID MURRAY
GRANT S68 DEGREES 31'56"W 1005.8 FEET; THENCE S22 DEGREES 49'26"E
1732.3 FEET; THENCE N68 DEGREES 31156"E 1005.8 FEET TO THE WEST
RIGHT OF WAY OF U.S. NO. 1 HIGHWAY; THENCE ALONG SAID WEST RIGHT
OF WAY N22 DEGREES 49'26"W 1732.3 FEET TO THE POINT OF BEGINNING,
CONTAINING 40 ACRES MORE OR LESS.
AND EXCEPTING THEREFROM, THAT PORTION OF THE SOUTH 1/2 OF
THE NORTH 52.465 CHAINS OF THE EAST 8 CHAINS OF SECTION 48,
TOWNSHIP 18 SOUTH, RANGE 34 EAST LYING WESTERLY OF SAID U.S. NO.
1 HIGHWAY; THE WEST LINE OF THIS EXCEPTION BEING CLARIFIED BY
FINAL DECREE OF THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT,
VOLUSIA COUNTY, FLORIDA FILED JULY 25, 1945 AT CHANCERY ORDER
BOOK 94, PAGE 516 AS OPPOSED TO THE UNDEFINABLE WEST LINE OF THAT
CERTAIN METES AND BOUNDS DESCRIPTION FOUND IN THAT SAME FINAL
DECREE.
AND EXCEPTING THEREFROM THE FLORIDA EAST COAST RAILWAY, A
100 FOOT RIGHT OF WAY.
AND EXCEPTING THEREFROM THE VOLCO ROAD RIGHT OF WAY AS MAY
BE CLAIMED BY VOLUSIA COUNTY, FLORIDA.
U.S. LOT 2, SECTION 14, TOWNSHIP 18 SOUTH, RANGE 34 EAST
EXCEPTING THEREFROM THE EAST 330 FEET OF THE WEST 660 FEET OF THE
NORTH 660 FEET AND EXCEPTING THEREFROM THE VOLCO ROAD RIGHT OF
WAY AS MAY BE CLAIMED BY VOLUSIA COUNTY, FLORIDA.
U.S. LOTS 3 AND 4, SECTION 14, TOWNSHIP 18 SOUTH, RANGE 34
EAST.
AND EXCEPTING THEREFROM THAT PORTION OF SECTION 48, TOWNSHIP
18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA, LYING WESTERLY
OF U.S. HIGHWAY #1, A 158 FOOT R/W AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
AS A POINT OF REFERENCE COMMENCE AT THE INTERSECTION OF THE
SOUTHERLY LINE OF SAID SECTION 48, WITH THE WESTERLY RIGHT-OF-WAY
LINE OF SAID U.S. HIGHWAY #1 (AS HISTORICALLY MONUMENTED AND
OCCUPIED); THENCE NORTH 22 DEGREES 59'34" WEST, ALONG SAID
RIGHT-OF-WAY LINE 169.06 FEET; THENCE SOUTH 68 DEGREES 34'40"
WEST, ALONG THE SOUTHERLY LINE OF LOT 17 OF THOMAS SUBDIVISION,
AS PER MAP OR PLAT OF RECORD IN MAP BOOK 8, PAGE 253, 204.87 FEET
TO THE SOUTHWESTERLY CORNER THEREOF AND THE POINT OF BEGINNING OF
THE FOLLOWING DESCRIBED LANDS:
THENCE SOUTH 68 DEGREES 44'46" WEST, PARALLEL TO THE
SOUTHERLY LINE OF SAID SECTION 48, 550.00 FEET; THENCE NORTH 21
DEGREES 06'19" WEST, PARALLEL TO THE WESTERLY LINE OF SAID THOMAS
SUBDIVISION, 800.00 FEET; THENCE NORTH 68 DEGREES 44146" EAST,
550.00 FEET; THENCE SOUTH 21 DEGREES 06119" EAST, ALONG THE
WESTERLY LINE OF SAID THOMAS SUBDIVISION, 800.00 FEET TO THE
POINT OF BEGINNING. (SAID PARCEL CONTAINS 10.10 ACRES MORE OR
LESS.)
EXHIBIT "C"
LEGAL DESCRIPTION
A PORTION OF SECTION 48, TOWNSHIP 18 SOUTH, RANGE 34 EAST,
VOLUSIA COUNTY, FLORIDA, LYING WESTERLY OF U.S. HIGHWAY #1, A 158
FOOT R/W AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AS A POINT OF REFERENCE COMMENCE AT THE INTERSECTION OF THE
SOUTHERLY LINE OF SAID SECTION 48, WITH THE WESTERLY RIGHT-OF-WAY
LINE OF SAID U.S. HIGHWAY #1 (AS HISTORICALLY MONUMENTED AND
OCCUPIED); THENCE NORTH 22 DEGREES 59134" WEST, ALONG SAID
RIGHT-OF-WAY LINE 169.06 FEET; THENCE SOUTH 68 DEGREES 34140"
WEST, ALONG THE SOUTHERLY LINE OF LOT 17 OF THOMAS SUBDIVISION,
AS PER MAP OR PLAT OF RECORD IN MAP HOOK 8, PAGE 253, 204.87 FEET
TO THE SOUTHWESTERLY CORNER THEREOF AND THE POINT OF BEGINNING OF
THE FOLLOWING DESCRIBED LANDS:
THENCE SOUTH 68 DEGREES 44'46" WEST, PARALLEL TO THE
SOUTHERLY LINE OF SAID SECTION 48, 550.00 FEET; THENCE NORTH 21
DEGREES 06'19" WEST, PARALLEL TO THE WESTERLY LINE OF SAID THOMAS
SUBDIVISION, 800.00 FEET; THENCE NORTH 68 DEGREES 44146" EAST,
550.00 FEET; THENCE SOUTH 21 DEGREES 06119" EAST, ALONG THE
WESTERLY LINE OF SAID THOMAS SUBDIVISION, 800.00 FEET TO THE
POINT OF BEGINNING. SAID PARCEL CONTAINS 10.10 ACRES MORE OR
LESS.