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2014-O-24 ORDINANCE NO.2014-0-24 r- h� a7 AN ORDINANCE ANNEXING 10.72± ACRES OF CERTAIN REAL ^ C CO PROPERTY LOCATED AT 4100 SOUTH U.S. HIGHWAY 1, VOLUSIA h- CO COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES N OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE `" a CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR CO t1 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. Judy Adams has applied for annexation of property located at 4100 South U.S. Highway 1, within Volusia County, Florida. Subject property contains approximately 10.72 + acres. 2. The applicant has 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. Pursuant to Section 171.044, Florida Statutes, that certain real property described 1 Str-ilgh passages are deleted. Underlined passages are added. #2014-0-24 in Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and d) c incorporated by reference, is hereby annexed into and made part of the City of Edgewater, ' NC) O CI Florida, and shall be subject to. the jurisdiction, obligations, benefits and privileges of the municipality. 0 0d 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 ;mike-through passages are deleted. Underlined passages are added. #2014-0-24 Instrument# 2015-004793 # 3 Book : 7072 Page 891 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 Councilman Ignasiak the vote on the first reading of this ordinance held on November 10, 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 After Motion to approve by 00W1Niffl tj1 Aiiiz1 with Second by .C,t.i.S'1C:dIAiC1'14G:1 iAici; the vote on the second reading/public hearing of this ordinance held on 30,No.ct j� 2015 was as follows: AYE NAY Mayor Mike Ignasiak _ Councilwoman Christine Power X Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary T. Conroy �( 3 Stfik-e-threugh passages are deleted. Underlined passages are added. #2014-0-24 Inst nnt# 2015-004793 # 4 Book : 7072' Page _ 892 • PASSED AND DULY ADOPTED this544t day oftiln 2015. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATE ' ,FLORIDA `1l lL.W. U k gy, 111 , Bonnie Wenzel Mike Ignasi.T City 1Clerk Mayor a /4 / �� r v TraiRey T. Barlow r CityManager 4 i t 1't�7' 1:11 I WA ,t � 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`i f day legality by: Aaron R. Wolfe, Esquire ofc , 2015 under Agenda Item No. City Attorney 80, Doran,Sims, Wolfe,Kundid. Ciocchetti& Wagner 4 St-rike-thfeugli passages are deleted. Underlined passages are added. #2014-0-24 Instrument# 2015-004793 # 5 • Book : 7072 nays - U s 1 EXHIBIT "A" LEGAL DESCRIPTION A part of U.S. Lot 1, Section 24, Township 18 South, Range 34 East, being more particularly described as follows: Commence at the Northwest corner of said Section 24, Township 18 South, Range 34 East; thence North 87° 37' 43" East along the North line of said Section 24 a distance of 3191.66 feet for the Point of Beginning; thence continue North 87°37' 43" East a distance of 666.92 feet to a point, said point being 77 feet Westerly of and measured at right angles to the survey line of U.S. Highway No. 1 per Official Records Book 128, Page 278; thence South 22° 55' 51" East along a line that is 77 feet Westerly of and parallel with said survey line of U.S. Highway No. 1 a distance of 693.52 feet to the centerline of a 60-foot road and utility easement; thence South 86° 58' 19" West along the said centerline a distance of 664.11 feet;thence North 22°55' 51" West a distance of 701.65 feet to the Point of Beginning. 5 Strip passages are deleted. Underlined passages are added. #2014-0-24 Instrument# 2015-004793 # 6 Book : 7072• • ca,el A I-_L --r • EXHIBIT `B" 6 mike-through passages are deleted. Underlined passages are added. #2014-0-24 • • i \ RAN ...... � ' , SP G i i \` % \ i i \ \` \ 1 Inst rument# 2015-004793 # 7 ,✓, Book : 7072 Page : 805 Diane M. Natousek 'Subject Property Volusia County, Clerk of Court Parcel: 8424-00-00-0021 4100 S. Ridgewood Aeve. N . 0 7L \ \ ■ \ \ \ \ \ \ \ \ - \\ �\ c\ \ \ \ \ e EUGEWATERJ / i CLINTON CEMETERY RD ___\ Property -- — — — — — — — -- --- — — — — — — ,\ \`