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2006-O-19C ORDINANCE NO.2006-0-19 07/31/2006 11:01 AM OInstruaent# 2006-192616 Y 1 Book: 5363 Page: 3094 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCATED AT 1008 FLYING M COURT, 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. Janice Shore, owner/applicant for annexation of property located at 1008 Flying M Court, within Volusia County, Florida. Subject property contains approximately 1.0 ± acres. The owner/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 1 of the City of Edgewater are hereby designated to include the property described herein. 5. During the Planning and Zoning Board meeting on May 10, 2006, the Board recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: ShaekMrough passages are deleted. Underlined passages are added. 2006-0-19 Irrstruvent# M-192616 G 2 O �1 Book: 5883 �•J Page: 3095 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 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 municipality. 2. The boundaries ofthe City of Edgewater are hereby redefined to include the properly 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. Swek-N raid passages are deleted. Underlined passages are added. 2006-0-19 2 Instruentf M-192616 0 3 C O Book: 5883 Page: 3096 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. 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 Rhodes and Second by Councilwoman Lichter, the vote on the first reading of this ordinance held on July 10, 2006, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Debra J. Rogers X Councilman Dennis Vincenzi X Councilwoman Harriet B. Rhodes X Councilwoman Judy Lichter X Shwkilnengh passages are deleted. Underlined passages are added. 2006-0-19 3 ►_l Instnaentt 2006-192616 R 4 /'1 Book: 5883 •1 Page: 3097 After Motion to approve by Councilwoman Lichterand Second by Councilman Vincenzi the vote on the second reading/public hearing of this ordinance held on July 24, 2006, was as follows: AYE NAY Mayor Mike Thomas x Councilwoman Debra J. Rogers Execused Councilman Dennis Vincenzi x Councilwoman Harriet B. Rhodes x Councilwoman Judy Lichter x PASSED AND DULY ADOPTED this 24th day of July, 2006 For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP Struck ding] passages are deleted. Underlined passages are added. 2006-0-19 4 CITY COUNCIL OF CITY OF EDGEWX Robin L. Matusick Il Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 24th day of July, 2006 under Agenda Item No. 6_. Instr t# 2006-IM16 R 5 O O Book: 5683 Page: 3098 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of Volusia and State of Florida Lot 14, Massey Ranch Airpark Unit 1, according to the map recorded in Map Book 44, Page 69 of the Public Records of Volusia County, Florida. Containing 1.0 ± acres more or less. S/rnckelmengh passages are deleted. Underlined passages are added. 2006-0-19 Instrument! 2006-192616 t 6 Book: 5883 Page: 3099 Diane M. Matousek Volusia County, Clerk of Court Oa 5vcoP/