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ORDINANCE NO.2006-0-06
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 2923 OAK TRAIL, 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. Anthony and Melissa Lancellotta, owners/applicants for annexation of property
io
Sa located at 2923 Oak Trail, within Volusia County, Florida Subject property contains approximately
P—
C � .9 ± acres.
2. The owners/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 2 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on January 11, 2006, the Board
recommended by a vote of 7 to 0 that the property be annexed into the City of Edgewater.
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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.
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 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 ofthe Charter ofthe 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.
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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 by Councilwoman Rogers and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on March 20, 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 _
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After Motionby Councilwoman Rogers and Secondby Councilwoman Rhodes ,
the vote on the second reading/public hearing of this ordinance held on April 3, 2006, was as
follows:
AYE NAY
Mayor Mike Thomas x
Councilwoman Debra J. Rogers _ ABSENT
Councilman Dennis Vincenzi x
Councilwoman Harriet B. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 3rd day of April, 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
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CITY COUNCIL OF THE
CITY OF EDGEW ZTEORIDA
By
ike Thomas
Mayor
V�/r r1C�T,t_4.d.ccX
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 3rd day of
April, 2006 under Agenda Item No. 6 B .
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EXFIIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
A portion of Parcel 8, Stanley Acres, an unrecorded subdivision being part of Lots 20 and 21, Model
Land Company Subdivision, as shown on map in Map Book 5, Page 187 of the Public Records of
Volusia County, Florida and being more particularly described as follows:
Commence at a concrete monument being the Southeast comer of Lot 22, said Model Land
Company Subdivision; thence S 69038'30" W along the South line of said Model Land Company
Subdivision, a distance of 169.23 feet to the Westerly R/W line of Air Park Road; thence N
23'24'10" W along said Westerly R/W line of Air Park Road, a distance of 1046.67 feet; thence S
69038'30" W, a distance of 376.59 feet for the Point of Beginning; thence S 21007105" E, a distance
of 49.00 feet; thence S 69038'30" W, a distance of 175.00 feet; thence S 21007'05" E, a distance of
125.00 feet; thence S 69038'30" W, a distance of 175.00 feet; thence N 2100705" W, a distance of
174.00 feet; thence N 69038'30" E, a distance of 350.00 feet to the Point of Beginning.
Containing 0.9 ± acres more or less
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Diane M. Matousek
`J Vol sia Canty, Clerk of Court