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Instrusenti 2006-059684 a 1
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ORDINANCE NO.2006-0-05
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED NORTH OF GODFREY ROAD, WEST OF THE
INDIAN RIVER, 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:
4�
��Mu 1. James C. Carder, owner/applicant for annexation of property located North of
Godfrey Road, West of the Indian River, within Volusia County, Florida Subject property contains
approximately 28.56 ± acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
The property is contiguous to the City's boundaries and the conditions forannexation
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.
5. During the Planning and Zoning Board meeting on January 11, 2006, the Board
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recommended by a vote of 7 to 0 that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People ofthe 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 ofthe 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.
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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 Lichter and Second by Councilman Vincenzi, the vote on
the first reading of this ordinance held on February 27, 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 Rhodes and Secondby Councilwoman Lichter
the vote on the second reading/public hearing of this ordinance held on March 6, 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
PASSED AND DULY ADOPTED this 6th day of March, 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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2006-0-05
CITY COUNCIL OF THE
CITY OF EDGEWATE LORIDA
By ��04
Mike Th mas
Mayor
J 1
Robin . Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 6th day of
March, 2006 under Agenda Item No. 6 A .
Instnnerntt M-059684 R 5
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volmia and State of
Florida.
A portion of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant in Sections 48
and 49, Township 18 South, Range 34 East lying Easterly of U.S. Highway No. 1 except the
Westerly 1350 feet and a portion of C.E. McHardy Grant in Section 49, Township 18 South, Range
34 East and lands lying Easterly of said South 771.3 feet of the North 1731.3 feet of the said Jane
Murray Grant and Easterly of a portion of C.E. McHardy Grant and a portion of the I0-foot planting
area lying Northerly of and adjacent to Godfrey Road a 50 foot right-of-way as shown on plat of
Resubdivision of Waterway Park Section 1, according to the plat thereof as recorded in Map Book
19, Page 269 of the Public Records of Volusia County, Florida and being described as follows:
Commence at the Southwesterly corner of the 10-foot planting area lying Northerly of and adjacent
to Godfrey Road a 50 foot R/W as shown on plat of Resubdivision of Waterway Park Section 1,
according to the plat thereof as recorded in Map Book 19, Page 269 of the Public Records of Volusia
County, Florida; thence along the monumented Southerly line of the said 10-foot planting area and
the Northerly right-of-way line of Godfrey Road, run N 69'06'17" E for a distance of 1350.I0 feet;
thence run N 22052'29" W along the East line of the Westerly 1350 feet of the Jane Murray Grant
lying Easterly of U.S. Highway No. 1 for a distance of 784.79 feet to the monumented Northerly line
of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant; thence N 68058'26" E
along monumented Northerly line of the South 771.3 feet of the North 1731.3 feet of the Jane
Murray Grant and its Easterly prolongation for a distance of 2161.87 feet to the mean high water of
Indian River North per FDEP MHW Survey File 1161 and per Dan Cory survey dated 06-10-94;
thence along said mean high water line for the following four courses, S 37045'07" E for a distance
of 25.43 feet; thence S 24046'47" E for a distance of 78.46 feet; thence S 28012' 19" E for a distance
of 71.55 feet; thence S 27038'06" E for a distance of 26.53 feet; thence leaving said mean high water
line run S 68057'03" W for a distance of 798.35 feet; thence run S 2205229" E for a distance of
587.65 feet to the said monumented Southerly line of the said 10-foot planting area; thence S
6900634" W along said monumented Southerly line of the said 10-foot planting area and the
Northerly right-of-way line of said Godfrey Road for a distance of 1381.61 feet to the Point of
Beginning.
Containing 28.56 ± acres more or less. -
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