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2014-O-27 co 5 oi 0o ( o2o ORDINANCE NO. 2014-0-27 o a a a H„ vy AN ORDINANCE ANNEXING A0± ACRES OF CERTAIN REAL 0 ia, PROPERTY LOCATED AT 116 GODFERY ROAD, VOLUSIA COUNTY, 0 ° o OW co 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 PR OPERTY 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 and Tammy Hayward have applied for annexation of property located at 116 Godfrey Road, within Volusia County, Florida. Subject property contains approximately .40 • + acres. 2. The 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. Pursuant to Section 171.044, Florida Statutes, that certain real property described 1 Strike through passages are deleted. Underlined passages are added. #2014-0-27 in Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and CC 0 c incorporated by reference, is hereby annexed into and made part of the City of Edgewater, e® 40 Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the 0 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 circumstance. 2 Strike through passages are deleted. Underlined passages are added. #2014-0-27 Instrufent# 2015-019533 # 3 Book : 7079 PART D. RECORDING: Page : 4402 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 Councilman Blazi with Second by Councilwoman Power, the vote on the first reading of this ordinance held on December 1, 2014, was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Dan Blazi X Councilman Gary T. Conroy X After Motion to approve by 0,011nCE..Ivtio ViQ.n with Second by __k v a , the vote on the second reading/public hearing of this ordinance held on • I was as follows: AYE NAY Mayor Mike Ignasiak _ Councilwoman Christine Power Councilwoman Gigi Bennington _X__ Councilman Dan Blazi Councilman Gary T. Conroy X 3 Strike through passages are deleted. Underlined passages are added. #2014-0-27 • • Instrument# 2015-019533 # 4 Book : 7079 Page : 4403 PASSED AND DULY ADOPTED this and day of '`:11_.t, 015. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA s: BonnletWenzel Mike Ignasia'! City C1011 t, Mayor • rac 1j rl t4, Y z1tN • IJ� JF to f�'�}�'N"' 0 , Robin L. Matusick o �r2 t r�x. r �� b fi W i c mpl Paralegal • l'1 tiTsjir °' . 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 Ed .water at a meeting held on this cn° day legality by: Aaron R. Wolfe, Esquire of k. , 2015 under Agenda Item No. City Attorney 8(�1 Doran, Sims, Wolfe,Kundid. Ciocchetti & Wagner 4 Strike through passages are deleted. Underlined passages are added. #2014-0-27 Instruruent# 2015-019533 # 5 Book : 7079 Page : 4404 EXHIBIT "A" LEGAL DESCRIPTION Lots 30-31, of Re-Subdivision of Waterway Park, Sec 1, as Recorded in Map Book 19, Page 269, Volusia County Records, Volusia County, Florida. Section 49, Township 18 South, Range 34 East and a 100' portion of the Godfrey Road right-of-way northerly to City of Edgewater city limits directly adjacent to said property. 5 Strike through passages are deleted. Underlined passages are added. #2014-0-27 • Instrunient# 2015-019533 # 6 • Book _ 7079 Page : 4405 EXHIBIT "B" 6 Strike through passages are deleted. Underlined passages are added. #2014-0-27 Instrient# 2015-019533 # 7 Book : 7079 Page : 4406 Diane M. 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