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2015-O-15 09/21/2015 08:39 AM 1nstrusent# 2015-175287 # 1 Book : 7164 ORDINANCE NO. 2015-0-15 Page : 3686 AN ORDINANCE ANNEXING 1.98± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 4170 S. RIDGEWOOD AVENUE, 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. Braker, LLC with Dan McFall as Managing Member, has applied for annexation of property located at 4170 S Ridgewood Ave., within Volusia County, Florida. Subject property contains approximately 1.98±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 S,r ough passages are deleted. Underlined passages are added. #2015-0-15 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, CON 1:2 N- T T tD CO Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. a a 2. The boundaries of the City of Edgewater are hereby redefined to include the m0CI. 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 Stfike4lifeegh passages are deleted. Underlined passages are added. #2015-0-15 Instrtaent1 2015-175287 1 3 Book _ 7164 4 PART D. RECORDING. page : 3688 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 Bennington, the vote on the first reading of this ordinance held on August 17, 2015, 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 3 St ike—th vugh passages are deleted. Underlined passages are added. #2015-0-15 w • After Motion to approve by ( .ir°jtylop &you with Second by ecuno,i ruarrmar% , the , cT vote on the second reading/public hearing of this ordinance held on September 14, 2015 was as CO CO follows: `r' tD t'7 AYE NAY II p a CO Mayor Mike Ignasiak � Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary T. Conroy PASSED AND DULY ADOPTED this 14th day of September. 2015. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWA T R,FLORIDA itAC2411. •i gYs _ : * . By. c i :onnie Bray' e`; Mike Ignasill City^Clcrk, �` Mayor j • �I> 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 this 14th day legality by: Aaron R. Wolfe, Esquire of September, 2015 under Agenda Item No. City Attorney 8 - . Doran, Sims, Wolfe&Ciocchetti 4 passages are deleted. Underlined passages are added. #2015-0-15 Instrument# 2015-175287 # 5 Book : 7164 • Page : 3690 EXHIBIT "A" LEGAL DESCRIPTION A part of U.S. Lot 1, Section 24, Township 18 South, Range 34 East, Volusia County, Florida, being more particularly described as follows: Commence at the Northwest corner of said Section 24; thence North 87°37'43" East along the North line of said Section 24, a distance of 3876.54 feet to the Westerly RIW as now laid out; thence South 22°55'51" East along said Westerly RIW, a distance of 1043.33 feet for the POINT OF BEGINNING; thence continue along said Westerly R/W South 22°55'51" East, a distance of 343.33 feet; thence South 86°18'56" West, a distance of 264.80 feet; thence North 22°55'51" West, a distance of 346.56 feet; thence North 86°58'19" East, a distance of 265.88 feet to the Point of Beginning. Containing 1.98 acres, more or less. The Easterly 92 feet as measured at right angles to U.S. Highway No. 1 reserved for highway easement. This legal description includes any/all adjoining right-of-way relating to the subject property. 5 Stfike-thr-eugh passages are deleted. Underlined passages are added. #2015-0-15 Instrument# 2015-175287 # 6 Book : 7164 Page : 3691 EXHIBIT "B" 6 Ck vugh passages are deleted. Underlined passages are added. #2015-0-15 • `Inst rument# 2015-175287 # 7 ____ Book : 7164 t _ _ Page : , -1692 \ Diane M. Matousek Volusia County, Clerk of Court \ 1 A \ \ RELOCATION RD , \ : \ 1 \ \ , \ , \ \ 1 , , \ \ \ \ \ \ \ \ \ , \ , \ \ — ,---- ,----- CP _\\ "13 -c-..-3 , , I GI \ , r I \ 0 \ 0 \ 7 \ Z_ \\ ,A k, .— \\\ ....... ...... \.....„— \ \ , , 1 „2„1„7„17 ___. ED Subject Property \ ‘ , ....W24,2015 , 2 2 2 \ ...._ ..._ - -