2013-O-08 12/05/2013 02:29 PM
Instrument# 2013-233129 # 1
Book : 6936
ORDINANCE NO. 2013-0-08 Paca+e : 2325
AN ORDINANCE ANNEXING 34.541 ACRES OF CERTAIN REAL
PROPERTY LOCATED EAST OF COW CREEK 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. Mark Rakowski, has applied on behalf of David L. Biddulph and Berna Sue
Biddulph; A New Sunrise, LLC; David Hall, John Hall, Nancy Hall Carson and Julie Hamill
owners for annexation of property located east of Cow Creek Road and north of W. Indian River
Blvd., within Volusia County, Florida. Subject property contains approximately 35.54 + 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 2 of the City of Edgewater are hereby
designated to include the property described herein.
5. During the Planning and Zoning Board meeting on June 12, 2013 the Board
recommended by a vote of 5 to 0 that the property be annexed into the City of Edgewater.
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NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
N PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
2- GD N CITY OF EDGEWATER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described
Om
20 d 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
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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
(.0N-
N circumstance.
N PART D. RECORDING.
pUpon approval and execution, this document shall be delivered to the Clerk of Court for
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n' 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 Councilman Emter, with Second by Councilwoman
Bennington, the vote on the first reading of this ordinance held on July 15, 2013, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Mike Ignasiak EXCUSED
Councilman Gene Emter X
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After Motion to approve by U x l nni l Boa ro„aioe r with Second by
ckeli. aSta_,„ the vote on the second reading/public hearing of this ordinance held on
'001
Qr�yyj 1A0 prn be,r off X13 was as follows:
N W N
AYE NAY
Mayor Mike Thomas X
ma
Councilwoman Christine Power X
Councilwoman Gigi Bennington �XCUS�-D
Councilman Mike Ignasiak
Councilman Gene Emter X
PASSED AND DULY ADOPTED this awl day of-Nputlifit2013.
ATTEST: CITY COUNCIL OF THE
CITY 1 F EDG W ER,FLO ' 1 A
ki
iy:11
, dear-
Bonnie Wenzel Mike Tho 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 thisrri day of
legality by: Aaron R. Wolfe, Esquire ),.pk 2013 under Agenda Item No. 8 A. .
City Attorney
Doran, Sims, Wolfe& Kundid
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EXHIBIT "A"
01 CO LEGAL DESCRIPTION
2 �DN
O PARCEL B:
m 0% A portion of U.S. Lots 4 and 5, Section 5, Township 18 South, Range 34 East lying Easterly of
the Florida East Coast Railway and being more particularly described as follows:
As a point of reference commence at the Northeast corner of U.S. Lot 4, Section 5, Township 18
South, Range 34 East, said point of commencement being a 1/2-inch electrical metal tubing pipe
being Certified Corner No. 0005904; thence South 21° 27' 28" East along the Easterly line of
said U.S. Lot 4, a distance of 801.67 feet; thence south 72° 02' 08" West a distance of 50.09 feet
for the Point of Beginning; thence South 21° 27' 28" East a distance of 733.03 feet; thence South
72° 02' 08" West a distance of 767.77 feet to a point on the Easterly right-of-way of the Florida
East Coast Railway Edgewater Cut-Off, a 100 foot right-of-way as now laid out; thence North
17° 57' 52" West along said Easterly right-of-way a distance of 731.67 feet; thence North 72°
02' 08" East a distance of 723.11 feet to the Point of Beginning.
The Westerly 60.00 feet of the above described property subject to a road and utility easement.
Together with the right to use a 60 foot road and utility easement described as follows: A
portion of Lots 4, 5 and 6, lying easterly of and parallel to the Florida East Coast Railway —
Edgewater Cutoff and northerly of State Road #442, all being more particularly described as
follows: As a point of reference commence at the Northeast corner of U.S. Lot 4, Section 5,
Township 18 South; Range 34 East, said point being a 1/2-inch electrical metal tubing pipe being
Certified Corner#0005904; thence South 21° 27' 28" East, along the east line of said U.S. Lot 4,
a distance of 801.67 feet; thence South 72° 02' 08" West, a distance of 713.20 feet for the Point
of Beginning; thence South 17° 57' 52" East, along a line that is 60 feet easterly of and parallel
with the said Florida East Coast Railway Edgewater Cutoff, a distance of 3071.11 feet to the
northerly right-of-way of State Road #442; thence South 79° 02' 02.5" West along said northerly
right-of-way of State Road #442, a distance of 60.45 feet; thence North 17° 57' 52" West along
the easterly right-of-way of the Florida East Coast Railway, a distance of 3063.74 feet; thence
North 72° 02' 08" East, a distance of 60.00 feet to the Point of Beginning.
SUBJECT TO AND TOGETHER WITH a perpetual easement for non-commercial purposes in
favor of STEPHEN C. HALL and BARBARA S. HALL, his wife, and their heirs and assigns,
and DAVID L. BIDDULPH and BERNA SUE BIDDULPH, his wife, and their heirs and
assigns, for the purpose of fishing, boating, and recreation in the existing lake located on the
following-described property:
A portion of U.S. Lots 4 and 5, Section 5, Township 18 South, Range 34 East lying Easterly of
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the Florida East Coast Railway and being more particularly described as follows:
cl As a point of reference commence at the Northeast corner of U.S. Lot 4, Section 5, Township 18
, p
N South, Range 34 East, said point of commencement being a 1/2-inch electrical metal tubing pipe
being Certified Corner No. 0005904; thence South 21° 27' 28" East along the Easterly line of
CO said U.S. Lot 4, a distance of 801.67 feet for the Point of Beginning; thence continue South 21°
▪ a a 27' 28" East, a distance of 1030.01 feet; thence South 68° 32' 00" West a distance of 50.00 feet;
• CO thence South 21° 27' 28" East a distance of 361.83 feet; thence South 69° 32' 00" West, a
distance of 809.61 feet to a point on the Easterly right-of-way of the Florida East Coast Railway
Edgewater Cut-Off, a 100 foot right-of-way as now laid out; thence North 17° 57' 52" West
along said Easterly right-of-way, a distance of 1441.76 feet; thence North 72° 02' 08" East, a
distance of 773.20 feet to the Point of Beginning. LESS AND EXCEPT the Easterly 50 feet.
AND
A portion of U.S. Lot 5, Section 5, Township 18 South, Range 34 East, lying Easterly of the
Florida East Coast Railway and being more particularly described as follows:
As a point of reference commence at the Northeast corner of U.S. Lot 4, Section 5, Township 18
South, Range 34 East, said point of commencement being a 1/2 inch electrical metal tubing pipe
being Certified Corner No. 0005904; thence South 21 degrees 27 minutes 28 seconds East along
the Easterly line of U.S. Lot 4 a distance of 801.67 feet; thence South 72 degrees 02 minutes 08
seconds West a distance of 50.09 feet; thence South 21 degrees 27 minutes 28 seconds East a
distance of 733.03 feet for the Point of Beginning; thence continuing South 21 degrees 27
minutes 28 seconds East a distance of 674.98 feet; thence South 69 degrees 32 minutes 00
seconds West a distance of 809.67 feet to a point on the Easterly right-of-way of the Florida East
Coast Railway Edgewater Cut-Off, a 100 foot right-of-way as now laid out; thence North 17
degrees 57 minutes 52 seconds West along said Easterly right-of-way a distance of 709.07 feet;
thence North 72 degrees 02 minutes 08 seconds East a distance of 767.77 feet to the Point of
Beginning.
Together with the right to use a 60 foot road and utility easement described as follows: a portion
of Lots 4, 5 and 6, lying Easterly of and parallel to the Florida East Coast Railway Edgewater
Cutoff and Northerly of State Road #442, all being more particularly described as follows: As a
point of reference commence at the Northeast corner of U.S. Lot 4, Section 5, Township 18
South, Range 34 East, said point of commencement being a 1/2 inch electrical metal tubing pipe
being Certified Corner No. 0005904; thence South 21 degrees 27 minutes 28 seconds East along
the Easterly line of U.S. Lot 4 a distance of 801.67 feet; thence South 72 degrees 02 minutes 08
seconds West, a distance of 713.20 feet for the Point of Beginning; thence South 17 degrees 57
minutes 52 seconds East, along a line that is 60 feet Easterly of and parallel with the said Florida
East Coast Railway Edgewater Cutoff, a distance of 3,071.11 feet to the Northerly R/W of State
Road #442; thence South 79 degrees 02 minutes 02.5 seconds West along said Northerly R/W of
State Road #442 a distance of 60.45 feet; thence North 17 degrees 57 minutes 52 seconds West
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along the Easterly R/W of the Florida East Coast Railway, a distance of 3,063.74 feet; thence
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North 72 degrees 02 minutes 08 seconds East, a distance of 60.00 feet to the Point of Beginning.
N LESS AND EXCEPT THAT CERTAIN RECTANGULAR PARCEL, GENERALLY
4 „ „ DESCRIBED AS:
A
portion of U.S. Lot 5, Section 5, Township 18 South, Range 34 E ast, lying Easterly of the
110. Florida East Coast Railway and being more particularly described as follows:
As a point of reference commence at the Northeast corner of U.S. Lot 4, Section 5, Township 18
South, Range 34 East, said point of commencement being a 1/2 inch electrical metal tubing pipe
being Certified Corner No. 0005904; thence South 21 degrees 27 minutes 28 seconds East along
the Easterly line of U.S. Lot 4 a distance of 801.67 feet; thence South 72 degrees 02 minutes 08
seconds West a distance of 50.09 feet; thence South 21 degrees 27 minutes 28 seconds East a
distance of 1408.01 feet; thence South 69 degrees 32 minutes 00 seconds West a distance of
809.67 feet to a point on the Easterly right-of-way of the Florida East Coast Railway, a 100 foot
right-of-way as now laid out; thence North 17 degrees 57 minutes 52 seconds West, along said
Easterly right-of-way, a distance of 215.00 feet for the Point of Beginning; thence continue
North 17 degrees 57 minutes 52 seconds West, along said Easterly right-of-way, a distance of
210.00 feet; thence North 72 degrees 02 minutes 08 seconds East, a distance of 519.00 feet;
thence South 17 degrees 57 minutes 52 seconds East, a distance of 210.00 feet; thence South 72
degrees 02 minutes 08 seconds West, a distance of 519.00 feet to the Point of Beginning.
A portion of U.S. Lot 5, Section 5, Township 18 South, Range 34 East lying Easterly of the
Florida East Coast Railway and being more particularly described as follows:
As a point of reference commence at the Northeast corner of U.S. Lot 4, Section 5, Township 18
South, Range 34 East, said point of commencement being a 1/2 inch electrical metal tubing pipe
being Certified Corner No. 0005904; thence S 21° 27' 28" E along the Easterly line of said U.S.
Lot 4 a distance of 801.67 feet; thence S 72° 02' 08" W a distance of 50.09 feet; thence S 21° 27'
28" E, a distance of 1408.01 feet; thence S 69° 32' 00" W, a distance of 809.67 feet to a point on
the easterly right of way of the Florida East Coast Railway, a 100-foot right of way as now laid
out; thence N 17° 57' 52" W, along said easterly right of way, a distance of 215.00 feet for the
Point of Beginning; thence continue N 17° 57' 52" W, along said easterly right of way, a
distance of 210.00 feet; thence N 72° 02' 08" E, a distance of 519.00 feet; thence S 17° 57' 52 E,
a distance of 210.00 feet; thence S 72° 02' 08" W, a distance of 519.00 feet to the Point of
Beginning. Containing 2.50 acres more or less.
The Westerly 60.00 feet of the above described property subject to a road and utility easement.
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017
Together with the right to use a 60 foot road and utility easement described as follows: A
portion of Lots 4, 5 and 6, lying easterly of and parallel to the Florida East Coast Railway —
I CI CI Edgewater Cutoff and northerly of State Road #442, all being more particularly described as
tD N follows: As a point of reference commence at the Northeast corner of U.S. Lot 4, Section 5,
+r „ „ Township 18 South; Range 34 East, said point being a V2 inch electrical metal tubing pipe being
m Certified Corner #0005904; thence S 21° 27' 28" E, along the east line of said U.S. Lot 4, a
-eg 0 It distance of 801.67 feet;
thence S
MI BEGINNING; thence S 17° 57' 52" 8
E, along f
line a is 60 feet easterly and parallel with the
said Florida East Coast Railway Edgewater Cutoff, a distance of 3071.11 feet to the northerly
R/W of State Road #442; thence S 79° 02' 02.5" W along said northerly R/W of State Road
#442, a distance of 60.45 feet; thence N 17° 57' 52" W along the easterly R/W of the Florida
East Coast Railway, a distance of 3063.74 feet; thence N 72° 02' 08" E, a distance of 60.00 feet
to the Point of Beginning.
Parcel 1: A portion of U.S. Lot 4, Section 5, Township 18 South, Range 34 East, Lying Easterly
of the Florida East Coast Railway and being more particularly described as follows:
Commence at the Northeast Corner of U.S. Lot 4, Section 5, Township 18 South, Range 34 East,
Said point being a V2 inch electrical metal tubing pipe being a Certified Corner #; thence South
21 degrees 27 minutes 28 seconds East along the Easterly line of said U.S. Lot 4 a distance of
210.57 feet to the point of beginning; thence continue South 21 degrees 27 minutes 28 seconds
East along the Easterly line of U.S. Lot 4 a distance of 591.10 feet; thence South 72 degrees 02
minutes 08 seconds West a distance of 773.20 feet to the Easterly right-of-way of the Florida
East Coast Railway—Edgewater cut off, a 100 foot right-of-way as now laid out; thence north 17
degrees 57 minutes 52 seconds West along said Easterly right-of-way a distance of 590.00 feet;
thence North 72 degrees 02 minutes 08 seconds East a distance of 737.18 feet to the point of
beginning. Less and except the Easterly 50 feet thereof.
And together with the right to use a 60 foot road and utility easement described as follows:
A portion of Lots 4,5 and 6, lying Easterly of and parallel to the Florida East Coast Railway —
Edgewater cut off, and Northerly of State Road #442, all being more particularly described as
follows:
As a point of reference, commence at the Northeast corner of U.S. Lot 4, Section 5, Township 18
South, Range 34 East said point being a 1/4 inch electrical metal tubing pipe being Certified
Corner # thence south 21 degrees 27 minutes 28 seconds East, along the East line of said U.S.
Lot 4, a distance of 801.67 feet; thence south 72 degrees 02 minutes 08 seconds West, a distance
of 713.20 feet for the point of beginning; thence south 17 degrees 57 minutes 52 seconds East
along a line that is 60 feet Easterly of and parallel with said Florida East Coast Railway —
Edgewater cut off, a distance of 3071.11 feet to the Northerly right-of-way of State Road #442;
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thence South 79 degrees 02 minutes 02.5 seconds West along said Northerly right-of-way of
N m CO State Road #442, a distance of 60.45 feet; thence North 17 degrees 57 minutes, 52 seconds West
N CI N along the said Easterly right-of-way of the Florida East Coast Railway, a distance of 3063.74
feet; thence North 72 degrees 02 minutes 09 seconds East, a distance of 60.0 feet to the point of
}
II I 1 beginning.
o Reserving an easement for road� � g and utility purposes over the Westerly 60 feet of the above
CO CL described Parcel 1, measured at right angles to the Westerly line of said property as described in
Official Records Book 4644, Pages 1726 and 1727, Public Records of Volusia County, Florida.
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Instrument# 2013-233129 # 10
Book : 6936
Page : 2334
EXHIBIT "B"
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Instrument# 2013-233129 # 11
---.—• Book : 6936
Page : 2335
'+ Diane M. Matousek
Volusia County, Clerk of Court
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7ii:41:
City of
1LED GEzWATER
INTER-OFFICE MEMORANDUM
EDGEWATER, FLORIDA
TO: Bonnie Wenzel
City Clerk
FROM: Robin L. Matusic�c�
Paralegal
C.A. NO.: 2013-177
DATE: December 26, 2013
SUBJECT: Original/Recorded Documents
Attached for your information/files, please find the following original/recorded documents for your
records:
ORDINANCE—
1) Ordinance #2013-0-08
Please forward copies to appropriate departments. Thanks!!!