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2013-O-11 1 • 09/18/2013 02:29 PH Instrument# 2013-180539 # 1 Book : 6908 ORDINANCE NO. 2013-0-11 Rage : 1440 AN ORDINANCE ANNEXING .32± ACRES OF CERTAIN REAL PROPERTY LOCATED EAST OF MEADOW LAKE DRIVE AND SOUTH OF 28TH STREET, 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. Rosemary Walker has applied on behalf of Southeast Volusia Habitat for Humanity, Inc. for annexation of property located east of Meadow Lake Drive and south of 28th Street, within Volusia County, Florida. Subject property contains approximately .32 + 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 4 of the City of Edgewater are hereby designated to include the property described herein. 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 Strike-through passages are deleted. Underlined passages are added. #2013-0-11 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 (002 incorporated by reference, is hereby annexed into and made part of the City of Edgewater, ti) g xz Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the 0) o CO w municipality. t t� co 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 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. 2 Strike-through passages are deleted. Underlined passages are added. #2013-0-11 Inst rument# 2013-180539 It 3 Bock : 6908 PART D. RECORDING. Page : 1442 Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion to approve by Gigi Bennington, with Second by Christine Power, the vote on the first reading of this ordinance held on August 19, 2013, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Mike Ignasiak X Councilman Gene Emter X 3 Strike through passages are deleted. Underlined passages are added. #2013-0-11 • • After Motion to approve by tS t,Opnc,-N with Second by ea1;vsyl , the vote on the second reading/public hearing of this ordinance held on o CO 5' r a013 was as follows: tD r i AYE NAY -+ Cr) 8 ACOw � Mayor Mike Thomas X 00 CO c.o Councilwoman Christine Power ** .p. Councilwoman Gigi Bennington )( Councilman Mike Ignasiak Councilman Gene Emter X PASSED AND DULY ADOPTED this day o0413. ATTEST: CITY COUNCIL OF THE CIT OF EDGEW.• T :R, FLORIDA 11111114a. ^ _ IA& 0 Y. ■ Bonnie Wenzel ike Th—ola s 1Ci1 Clerk.' _ ayor FJ i LQ sizz.Aw at ill 64 I Robin L. Matusick . r;'4 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` Thday of legality by: Aaron R. Wolfe, Esquire ■Italentber2013 under Agenda Item No. 801 . City Attorney Doran, Sims, Wolfe & Kundid 4 Strike g h passages are deleted. Underlined passages are added. #2013-0-11 Instrument# 2013-180539 15 • Book : 6908 Page : 1444 EXHIBIT "A" LEGAL DESCRIPTION The Northerly 100 feet of the Westerly 140 feet of Lot 11, Edgewater Country Estates (Unit #1), according to the map or plat thereof, as recorded in Map Book 11, Page 247, of the Public Records of Volusia County, Florida. Together with: 50% of the subsurface mineral rights in and to the Northerly 100 feet of the Westerly 140 feet of Lot 11, Edgewater Country Estates (Unit #1), according to the map or plat thereof, as recorded in Map Book 11, Page 247, of the Public Records of Volusia County, Florida. (Official Records Book 5782, Page 2604) 5 Strike rough passages are deleted. Underlined passages are added. #2013-0-11 . Instrument# 2013-180539 # 6 • Book : 6908 Page : 1 445 EXHIBIT "B" 6 St_ik gh passages are deleted. Underlined passages are added. #2013-0-11 Instrument# 2013-180539 # 7 Book = 6908 Page : 1446 Diane M. Matousek y Volusia County, Clerk of Court 41I 1 a a1 1 01 u-i i 0 iii 01-14 girstt g b - •x, r.,, , 440.1 '''" ° poiv ,eSitUitird, Vs.olu 4000 ty p 2 ( N.:ivr;‘,.„2, 0 it,--"' "0-7---- #0111111011■IVA id . 31L3 ', 110 ci,,_ flpiTli :„,ii 0-i AI o a t t�� 1! **011 til;01. I 1 in R Os diiir.oitt .. i 1) 111111wr:. " ME I 11111400•I il IIII Ailliel ors me ,-441,-I. olork soli d i i A r 1" I I . II II littro 14 Olt-10140i a Awrito La. 1 11 , sir► ,4010.- r1 0 01 lo srl$411 011 II 07 ti41 k At 40. 6c, Nrcooril ------------- vosow , Ow'*' 101---‘1. I lot-- -11 01 -" i 1 vii0 r' v a i al r r 00 lit 0 .„.., 7.,..1,1, ..,....--...ii _ t 0 ****'" .�-'1 -r'1 -t V ECI <1 TER INTER-OFFICE MEMORANDUM EDGEWATER, FLORIDA TO: Bonnie Wenzel City Clerk FROM: Robin L. Matusic Paralegal C.A. NO.: 2013-142 DATE: October 9, 2013 SUBJECT: Original/Recorded Documents Attached for your information/files, please find the following original/recorded documents for your records: ORDINANCES— 1) Ordinance #2013-0-11; 2) Ordinance #2013-0-14 Please forward copies to appropriate departments. Thanks!!!