2014-O-06 04/14/2014 03:34 PH
Instrument# 2014-065467 # 1
Book _ 6978
ORDINANCE NO. 2014-0-06 Page : 2988
AN ORDINANCE ANNEXING 23.92± ACRES OF CERTAIN REAL
PROPERTY LOCATED EAST OF U.S. HIGHWAY 1 BETWEEN
DOUGLAS STREET AND EAST ARIEL 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. Fisherman's Cove Builders, LLC have applied for annexation of property located
east of US Highway 1 between Douglas Street and E. Ariel Road, within Volusia County,
Florida. Subject property contains approximately 23.92 + 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:
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#2014-0-06
PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEWATER, FLORIDA.
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CO Th
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described
CO Cr' 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,
�0 a 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
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
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#2014-0-06
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Instrument# 2014-065457 # 3
Book : 6978
circumstance. Page : 2935
PART D. RECORDING.
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 Councilwoman Power with Second by Councilwoman
Bennington, the vote on the first reading of this ordinance held on February 3, 2014, 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 ea LnoldIn • with Second by
CQI.iyj,rvpni nI1ue( , the vote on the second reading/public hearing of this ordinance held on
Aped' 71 20 i'4 was as follows:
fD N AYE NAY
si
p pl Mayor Mike Thomas
a
Councilwoman Christine Power
Councilwoman Gigi Bennington X
Councilman Mike Ignasiak X
Councilman Gene Emter �(
PASSED AND DULY ADOPTED this day ofApe,d 2014.
ATTEST: CITY COUNCIL OF THE
CI OF E I A E ' , FL 1. I A
•' I
• J..i..t
BonnieWenel y Mike Tho't
Citpy Clerk � ayor
Robin L. Matusick
01 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 7441 day of
legality by: Aaron R. Wolfe, Esquire 2014 under Agenda Item No. 8 .
City Attorney
Doran, Sims, Wolfe& Kundid
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#2014-0-06
• Instrument# 2014-065467 # 5
Book _ 6978
Page : 2937
EXHIBIT "A"
LEGAL DESCRIPTION
A portion of U.S. Government Lot 2, Section 30, Township 18 South, Range 35 East and a
Portion of Lots 3, 7 and 11 Assessor's Subdivision of the C.E. McHardy Grant as recorded in
Map Book 3, Page 152 of the Public Records of Volusia County, Florida. Being more
particularly described as follows:
Commencing at the Southeast Corner of U.S. Government Lot 2, Said point also being the
Southwest Corner of Lot 3. Assessor's Subdivision of the C.E. McHardy Grant Map Book 3,
Page 152 , run along the westerly line of said Lot 3 of the C.E. McHardy Grant North 19
degrees, 28 minutes 46 seconds west, a distance of 200 feet to the point of beginning; thence
north 19 degrees 28 minutes 46 seconds west, along said westerly line, a distance of 88.00 feet;
thence south 89 degrees 14 minutes 12 seconds west, a distance of 125.95 feet; to an intersection
with the easterly right of way line of U.S.. Highway No. 1 (a 158 foot right of way) thence north
18 degrees 34 minutes 41 seconds west along said easterly right of way a distance of 143.25 feet;
thence north 89 degrees 14 minutes 12 seconds east, departing said easterly right of way line. a
distance of 123.57 feet; to an intersection with the westerly line of said lot 3 of the C.E. Mchardy
grant, thence north 19 degrees 28 minutes 46 seconds west, along said westerly line. a distance
of 168.07 feet; thence north 68 degrees 39 minutes 12 seconds east, departing said westerly line,
a distance of 2547.82 feet; thence south 16 degrees 50 minutes 50 seconds east. a distance of
9.94 feet, thence south 77 degrees 30 minutes 47 seconds east, a distance of 8.73 feet; thence
south 24 degrees 41 minutes 14 seconds east, a distance of 23.52 feet; thence south 24 degrees
13 minutes 10 seconds east, a distance of 67.16 feet; thence south 18 degrees 49 minutes 35
seconds east, a distance of 81.82 feet, thence south 04 degrees 44 minutes 31 seconds east, a
distance of 46.09 feet; thence south 46 degrees 10 minutes 01 seconds east, a distance of 40.22
feet; thence south 25 degrees 47 minutes 32 seconds east, a distance of 61.11 feet; thence south
22 degrees 18 minutes 41 seconds east, a distance of 71.20 feet; thence south 68 degrees 39
minutes 12 seconds west, departing said westerly right of way line. a distance of 2578.11 feet; to
the point of beginning. Containing 23.92 acres more or less.
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#2014-0-06
• •
Instrument# 2014-065467 # 6
• Book : 6978
Page : 2938
EXHIBIT "B"
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#2014-0-06
Instrument# 2014-065467 # 7
Book : 6978
z+ Page : 2939
*-If a Diane M. Matousek
Volusia County, Clerk of Court
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