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2015-O-10 • ORDINANCE NO.2015-0-10 AN ORDINANCE ANNEXING 29.17± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 3121 EELS GROVE ROAD, VOLUSIA T CE S; COUNTY, INTO THE CITY OF EDGEWATER,FLORIDA; SUBJECT TO a 0 THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES ;D K i OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE " CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR GJ FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA 41 -6; COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE 0)NJ o 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. Glenn Storch has applied for annexation of property located at 3121 Eels Grove Road, within Volusia County,Florida. Subject property contains approximately 29.17 +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 2 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 in Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and 1 ugh passages are deleted. Underlined passages are added. #2015-0-10 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 .,� CD 5 municipality. N 0 2 2. The boundaries of the City of Edgewater are hereby redefined to include the tJ ^J 8 property described herein and depicted in the map identified as Exhibit`B". -J N 0 OJ 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 4101 passages are deleted. Underlined passages are added. #2015-0-10 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. T.l 0 NTA SI IS PART E. EFFECTIVE DATE. -s This ordinance shall take effect upon adoption. .J t PART F. ADOPTION. w After Motion to approve by Councilwoman Power, with Second by Councilman Blazi, the vote on the first reading of this ordinance held on May 4, 2015, was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Gigi Bennington EXCUSED Councilman Dan Blazi X Councilman Gary T. Conroy X After Motion to approve by QTnr id 1nc4:) with Second by CouvarNa , e rvoLA, the %,uec vote on the second reading/public hearing of this ordinance held on June 1, 2015 was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power �C Councilwoman Gigi Bennington EiMtvLQ Councilman Dan Blazi 1C Councilman Gary T. Conroy Str-ike-thr-eugh passages are deleted. Underlined passages are added. #2015-0-10 Instrusentl 2015-109537 it 4 Book : 7128 PASSED AND DULY ADOPTED this 1st day of June, 2015. Page : 3472 ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: ek__ i 4r Bonnie Wenzel U Mike Ignasiak City Clerk Y : Mayor . { Q S Y f{ � Robin L. Matusick • `t; y ,' Paralegal fir'' iA 3. L 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 1st day of legality by: Aaron R. Wolfe, Esquire June, 2015 under Agenda Item No. 8 CL . City Attorney Doran, Sims, Wolfe,Kundid. Ciocchetti & Wagner 4 StFike-threugh passages are deleted. Underlined passages are added. #2015-0-10 Instrument# 2015-109537 # 5 Book : 7128 Page : 34 7 7 EXHIBIT "A" LEGAL DESCRIPTION Government Lot 1, Except the West Ten Feet, section 9, Township 18 South, Range 34 East, Volusia County, Florida This legal description includes any/all adjoining right-of-way relating to the subject property. 5 ough passages are deleted. Underlined passages are added. #2015-0-10 • Instrument# 2015-109537 # fi Book : 7128 Page 2 - 34 74 Y 410 EXHIBIT`B" CIO 6 Strike4liceugh passages are deleted. Underlined passages are added. #2015-0-10 1"-C \ #V c#444"' tt‘ 40,...\---------, _ \` f� r 0. ;` Z\\ Instrument# 2015-109537 # 7 \ /.` Book : 7128 lii \,,` ` Page : 3 475 \\ Vale. Diane M. Hatousek \\` N — 0- Volusia County, Clerk of Court 1��_ `No\�,- _.-----c , ,,,,I0' - 1 ,,_,------ 1 , 1 Subject Property Parcel: 8409-00-00-0010 K3121 Eels Grove Rd. ■ 1 — t , t 1 \ , t t , , t \ t i ■ `` i ,t tt , It t ■ \ I 1 \ L_ tt is ---A / \ C;;' 1' , , r; � Hi ♦LDGE_VATER �� i CI , ®Subject Property \\ ,