2013-O-14 09/18/2013 02:26 PH
Instrument# 2013-180534 # 1
Book : 6908
ORDINANCE NO. 2013-0-14 Page : 1409
AN ORDINANCE ANNEXING 10.50± ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 195 GODFREY ROAD, 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. Ronald Scott Caldwell has applied for annexation of property located at 195
Godfrey Road, within Volusia County, Florida. Subject property contains approximately 10.50
+ 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.
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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
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incorporated by reference, is hereby annexed into and made part of the City of Edgewater, 0
Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the
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municipality. p
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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.
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PART D. RECORDING.
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Upon approval and execution, this document shall be delivered to the Clerk of Court for 0
recording into the public records of Volusia County, Florida. I r
PART E. EFFECTIVE DATE. ,p ttO Ea
This ordinance shall take effect upon adoption.
PART F. ADOPTION.
After Motion to approve by Mike Ignasiak, with Second by Gigi Bennington, 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
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•
After Motion to approve by Ca ul°Li meaCissas16,Lwith Second by
ei1 ro ln�e..r, the vote on the second reading/public hearing of this ordinance held on m
al 0 �
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p N `h (--\- 01 T was as follows: 0 Xi
AYE NAY —I 0) 8
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Mayor Mike Thomas N co
Councilwoman Christine Power *�
Councilwoman Gigi Bennington X
Councilman Mike Ignasiak X
Councilman Gene Emter X
PASSED AND DULY ADOPTED this day oft3ipb213.
ATTEST: CITY COUNCIL OF THE
CITY I F EDG EWAT t, FLO : DA
1
%C 1 V1 C'- V� By � �`—
Bonnie.Wene1 ,. On�Y�,� 'ke Tho
City.Clerk M. or
Robin L. Matusick
� Paralegal
,f.
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`1-Nday of
legality by: Aaron R. Wolfe, Esquire 2013 under Agenda Item No. 8 e .
City Attorney
Doran, Sims, Wolfe & Kundid
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Instrument# 2013-180534 # 5
• Book : 6908
Page : 1413
EXHIBIT "A"
LEGAL DESCRIPTION
A portion of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant in Sections
48 and 49, Township 18 South, Range 34 East lying Easterly of U.S. Highway No. 1 except the
Westerly 1350 feet and a portion of C.E. McHardy Grant in Section 49, Township 18 South,
Range 34 East and lands lying Easterly of said South 771.3 feet of the North 1731.3 feet of the
said Jane Murray Grant and Easterly of a portion of C.E. McHardy Grant and a portion of the 10-
foot planting area lying Northerly of and adjacent to Godfrey Road a 50 foot right-of-way as
shown on plat of Resubdivision of Waterway Park Section 1, according to the plat thereof as
recorded in Map Book 19, Page 269 of the Public Records of Volusia County, Florida and being
described as follows: Commence at the Southwesterly corner of said 10-foot planting area lying
Northerly of and adjacent to Godfrey Road as shown on plat of Resubdivision of Waterway Park
Section 1, according to the plat thereof as recorded in Map Book 19, Page 269 of the Public
Records of Volusia County, Florida;thence along the monumented Southerly line of the said 10-
foot planting area and the Northerly right-of-way line of Godfrey Road, run N69°06'17"E for a
distance of 1350.10 feet; thence run N22°52'29"W along the East Line of the Westerly 1350 feet
of the Jane Murray Grant lying Easterly of U.S. Highway No. 1 for a distance of 784.79 feet to
the monumented Northerly line of the South 771.3 feet of the North 1731.3 feet of the Jane
Murray Grant; thence N 68°58'26"E along monumented Northerly line of the South 771.3 feet of
the North 1731.3 feet of the Jane Murray Grant and its Easterly prolongation for a distance of
2161.87 feet to the mean high water of Indian River North per FDEP MHW Survey File 1161
and per Dan Cory survey dated 06-10-94; thence along said mean high water line for the
following four (4) courses, S37°45'07"E for a distance of 25.43 feet; thence S24°46'47"E for a
distance of 78.46 feet; thence S28°12'19"E for a distance of 71.55 feet; thence S27°38'06"E for
a distance of 26.53 for the Point of Beginning; thence continue along said mean high water line
for the following fourteen (14) courses, S27°38'06"E for a distance of 79.04 feet; thence
S20°45'14"E for a distance of 26.64 feet; thence S19°53'35"E for a distance of 68.89 feet;
thence S03°44'32"W for a distance of 23.51 feet; thence S20°06'58"E for a distance of 78.88
feet; thence S21°31'14"E for a distance of 102.28 feet; thence S21°42'31"E for a distance of
77.07 feet; thence S22°21'00"E for a distance of 91.50 feet; thence S06°51'16"E for a distance
of 9.96 feet; thence S29°21'06"W for a distance of 3.81 feet; thence S17°22'28E for a distance
of 2.98 feet; thence S64°35'00"E for a distance of 5.51 feet; thence S25°19'26"E for a distance
of 14.08 feet; thence S25°19'26"E for a distance of 1.24 feet; to a point on the Easterly
prolongation of the Northerly line of the said 10-foot planting area thence S69°06'01"W along
Northerly line of the Easterly prolongation of the said 10-foot planting area to the Northeast
corner of said 10-foot planting area a distance of 716.59; thence run S14°57'45"E for a distance
of 10.05 feet to the Southeast corner of said 10-foot planting area lying Northerly of and adjacent
to Godfrey Road as shown on plat of Resubdivision of Waterway Park Section 1, according to
the plat thereof as recorded in Map Book 19, Page 269 of the Public Records of Volusia County,
Florida; thence run S69°06"34"W along the Southerly right-of-way of said 10 foot planting strip
for a distance of 61.55 feet; thence run N22°52'29"W for a distance of 587.65 feet; thence run
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Instrument# 2013-180534 # 6
Book : 6908
Page : 1414
N68°57'03"E for a distance of 798.35 feet to the Point of Beginning. Containing 10.50 acres
more or less. See EASEMENT "A"
EASEMENT "A"
Being subject to a 30 foot easement for the purposes of ingress, egress and utilities and lying 15
foot each side of the centerline of said easement and being a portion of the South 771.3 feet of
the North 1731.3 feet of the Jane Murray Grant, Section 49, Township 18 South, Range 34 East
and C.E. McHardy Grant, Section 49, Township 18 South, Range 34 East, and a portion of lands
lying Easterly of said South 771.3 feet of the North 1731.3 feet of said Jane Murray Grant and
C.E. McHardy Grant, AND a portion of the 10-foot Planting Area lying Northerly of and
adjacent to Godfrey Road as shown on plat of Resubdivision of Waterway Park Section 1,
according to the plat thereof as recorded in Map Book 19, Page 269 of the Public Records of
Volusia County, Florida, and being described as: Commence at the Southwesterly corner of said
10-foot Planting Area, said point also being the intersection of the Northerly right of way of said
Godfrey Road and the Easterly right of way of U.S. Highway No. 1; thence North 69°06'17"
East, along the Southerly line of said 10-foot Planting Area and along the Northerly line of said
Godfrey Road, a distance of 1350.10 feet; thence North 69°06'34" East, along the Southerly line
of said 10-foot Planting Area and the Northerly right of way line of said Godfrey Road for a
distance of 1396.62 feet for the Point of Beginning and centerline of said easement; thence North
22°52'29" West along said centerline, a distance of 267.36 feet; thence North 09°49'57" West, a
distance of 68.80 feet; thence North 12°39'37" East, a distance of 88.20 feet; thence North
45°04'45" East, a distance of 44.81 feet; thence North 71°51'38" East, a distance of 97.23 feet;
thence North 63°57'21" East, a distance of 91.27 feet; thence North 45°04'24" East, a distance
of 70.50 feet, thence North 21°02'57" West, a distance of 129.64 feet to the Point of
Termination. Side lines of said easement to terminate at 90°00'00" left and right from the
centerline Point of Termination. Containing 0.591 acres more or less.
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• Instrtment# 2013-180534 # 7
Book : 6908
Page : 1415
EXHIBIT "B"
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Instrument# 2013-180534 # 8
- Book : 6908
Page : 1416
Diane M. Matousek
Volusia County, Clerk of Court
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Ctity
IVIDG
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!!!