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2013-O-01 06/05/2013 01:28 PH Instrument# 2013-109002 # 1 Book : 6866 ORDINANCE NO. 2013-0-01 Page : 2854 AN ORDINANCE ANNEXING 41.26± ACRES OF CERTAIN REAL PROPERTY LOCATED EAST OF OLD MISSION ROAD, WEST OF AIR PARK ROAD AND NORTH OF W. INDIAN RIVER BLVD., VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE 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,RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Storch & Harris, LLC has applied on behalf of Paradise Properties, LLC, owner for annexation of property located east of Old Mission Road, west of Air Park Road and north of W. Indian River Blvd., within Volusia County, Florida. Subject property contains approximately 41.26+acres. 2. The owners/applicants have voluntarily petitioned(applied)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. The boundaries of Voting District 1 of the City of Edgewater are hereby designated to include the property described herein. 5. During the Planning and Zoning Board meeting on January 9, 2013 the Board recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater. 1 Strike through passages are deleted. Underlined passages are added. #2013-0-01 11 CO '51 NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, CD 0 ica Florida: N T PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE C)CO CO CITY OF EDGEWATER,FLORIDA. (XI C7 L. crCac°p 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", which are 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 herein and depicted in the map identified as Exhibit`B". 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 2 Strike-threugh passages are deleted. Underlined passages are added. #2013-0-01 this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, v W H or circumstances, such holding shall not affect its applicability to any other person, property, or 00 circumstance. CD PART D. RECORDING. 8 CO CO ES Upon approval and execution, this document shall be delivered to the Clerk of Court for Cr) 07 5 recording into the public records of Volusia County, Florida. *ss w PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion to approve by Councilman Emter, with Second by Councilman Ignasiak, the vote on the first reading of this ordinance held on March 4, 2013, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington Excused Councilman Mike Ignasiak X Councilman Gene Emter X 3 Strik r-eugh passages are deleted. Underlined passages are added. #2013-0-01 • After Motion to approve by CO Inv, ;rwith Second by ethe vote on the second reading/public hearing of this ordinance held on T 0 5 , ai©I3 was as follows: N �- � 0 (Q It Pi. AYE NAY N DJ1S1w Mayor Mike Thomas X Ui o Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Mike Ignasiak �( Councilman Gene Emter X PASSED AND DULY ADOPTED this 1.001 day of Mali 2013. ATTEST: CITY COUNCIL OF THE CITY OF EDGE /I R, LORIDA P .14 • I # B : Bonnie Wenzel ike Th I as City Clerk Mayor Robin L. Matusick Paralegal ' For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this & day of legality by: Aaron R. Wolfe, Esquire j1 2013 under Agenda Item No. 8 h . City Attorney Doran, Sims, Wolfe&Kundid 4 Strik ub passages are deleted. Underlined passages are added. #2013-0-01 Instrument# 2013-109002 # 5 Book : 6866 Page : 2858 EXHIBIT "A" LEGAL DESCRIPTION That part of Lots 45. 46, 54, 55, 56, 63, 64, 65, 70, 71 and 72 lying Northerly of State Road 442, ASSESSOR'S SUBDIVISION OF THE SAMUEL BETTS GRANT, as shown in Map Book 3, page 153 of the Public records of Volusia County, Florida being more particularly described as follows: From the Northeast corner of Lot 138, of said Assessor's Subdivision of the Samuel Betts Grant, run South 69 degrees 30 minutes 17 seconds West along the North line of said Lot 138 a distance of 5750.38 feet (5638.50 feet plat) to the Northwesterly corner of said Lot 138; thence continue South 69 degrees 30 minutes 17 seconds West on a Westerly extension of the North line of said Lot 138 a distance of 365.69 feet; thence South 21 degrees 10 minutes 16 seconds East, a distance of 1258.72 feet to the Southerly line of a 170 foot wide Florida Power and Light Company easement, and the Northeasterly corner of Ragis Acres South, an unrecorded Subdivision; thence South 89 degrees 38 minutes 43 seconds East along the Southerly right-of- way of said Florida Power and Light Company easement a distance of 1101.58 feet; thence continue South 89 degrees 38 minutes 43 seconds East a distance of 998.94 feet; thence South 21 degrees 25 minutes 37 seconds East, a distance of 755.84 feet FOR THE POINT OF BEGINNING; thence South 68 degrees 34 minutes 34 seconds West, a distance of 927.62 feet; thence South 21 degrees 25 minutes 37 seconds East a distance of 1474.36 feet to the Northerly right-of-way line of said State Road 442, a 203.50 foot wide right-of-way as now laid out; thence North 49 degrees 52 minutes 39 seconds East along the Northerly right-of-way line of said State Road 442 a distance of 1832.41 feet to the beginning of a curve concave Southeasterly having a radius of 2969.21 feet and a central angle of 0°39'01"; thence Northeasterly along survey line and arc of said curve a distance of 33.70 feet; thence leaving said right-of-way line North 21 degrees 11 minutes 10 seconds West, a distance of 541.89 feet; thence South 68 degrees 34 minutes 02 seconds West, a distance of 842.26 feet; thence North 21 degrees 25 minutes 37 seconds West, a distance of 334.49 feet to the POINT OF BEGINNING. Containing 41.26 acres more or less. SUBJECT TO AND INCLUDING THE USE OF THE FOLLOWING DESCRIBED 60 FOOT INGRESS/EGRESS ♦+AND PUBLIC UTILITIES EASEMENT♦ FROM THE NORTHEAST CORNER OF LOT 138 OF SAID ASSESSOR'S SUBDIVISION OF THE SAMUEL BETTS GRANT, RUN SOUTH 69 DEGREES, 30 MINUTES, 17 SECONDS WEST, ALONG THE NORTH LINE OF SAID LOT 138, A DISTANCE OF 5750.38 FEET (5635.50 FEET PLAT) TO THE NORTHWESTERLY CORNER OF SAID LOT 138; THENCE CONTINUE SOUTH 69 DEGREES, 30 MINUTES, 17 SECONDS WEST, ON A WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 138 A DISTANCE OF 365.69 FEET; THENCE SOUTH 21 DEGREES, 10 MINUTES, 16 SECONDS EAST, A DISTANCE OF 1258.72 FEET TO THE SOUTHERLY LINE OF A 170 FOOT FLORIDA 5 Strike threugh passages are deleted. Underlined passages are added. #2013-0-01 Instnmient# 2013-109002 # 6 • Book : 6866 Page _ 2859 POWER AND LIGHT COMPANY EASEMENT AND THE NORTHEASTERLY CORNER OF RAGIS ACRES SOUTH, AN UNRECORDED SUBDIVISION; THENCE SOUTH 89 DEGREES , 38 MINUTES, 43 SECONDS EAST, ALONG THE SOUTHERLY RIGHT-OF- WAY OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT A DISTANCE OF 2100.52 FEET; THENCE SOUTH 21 DEGREES, 25 MINUTES, 37 SECONDS EAST, A DISTANCE OF 285.26 FEET TO THE POINT OF BEGINNING OF THIS EASEMENT DESCRIPTION; THENCE CONTINUE SOUTH 21 DEGREES, 25 MINUTES, 37 SECONDS EAST, A DISTANCE OF 1726.34 FEET TO THE NORTHERLY RIGHT-OF-WAY OF STATE ROAD 442; THENCE SOUTH 49 DEGREES, 52 MINUTES, 10 SECONDS WEST; ALONG SAID RIGHT-OF-WAY A DISTANCE OF 63.35 FEET; THENCE NORTH 21 DEGREES, 25 MINUTES, 37 SECONDS WEST, A DISTANCE OF 1615.66 FEET TO THE PC OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A CENTRAL ANGLE OF 53 DEGREES, 17 MINUTES, - 418. SECONDS, AND A RADIUS OF 50.00 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 46.37 FEET TO THE PC OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A CENTRAL ANGLE OF 143 DEGREES, 07 MINUTES, 48 SECONDS, AND A RADIUS OF 50.00 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 124.91 FEET TO THE PT OF SAID CURVE; THENCE NORTH 68 DEGREES, 34 MINUTES, 23 SECONDS EAST, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. 6 Strike through passages are deleted. Underlined passages are added. #2013-0-01 Instrument# 2013-109002 # 7 Book : 6866 Page : 2860 EXHIBIT "B" 7 Str-ike-tkirough passages are deleted. Underlined passages are added. #2013-0-01 Instrument# 2013-109002 # 8 Book : 6866 Page : 2861 .,, Diane M. Matousek Volusia County, Clerk of Court t L •r,$4g!, a ar �ldy{ a t�Y � ' `_-J O 4. y A 'x 0 ' �► , 4,0 f 1*0 00-0 00 1� visav " +,1010 w *VI *-01t*.v411101%* *40it‘A*--.-- I. 41011.004LIV 01110 70-114 lai Viiii°10,1111001,-kik At..-, - 0 __,---' Vit';a1006. 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