2006-O-02O O
M
ICON ORDINANCE NO.2006-0-02
gg r AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
I! N LOCATED AT 3930 US HIGHWAY NO. 1, VOLUSIA
g " COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA;
SUBJECT TO THE JURISDICTION, OBLIGATIONS,
0 CO
BENEFITS AND PRIVILEGES OF THE MUNICIPALITY;
m 0. 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. City of Edgewater, owner/applicant for annexation of property located at 3930 US
Highway No. 1, within Volusia County, Florida. Subject property contains approximately 17.63 ±
5
acres.
ry
2. 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 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
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 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 Rhodes and Second by Councilwoman Rogers, the vote on
the first reading of this ordinance held on January 23, 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 Motion by rnnneIIwnman rtehrer and Second by councilwoman Rhodes
the vote on the second reading/public hearing of this ordinance held on February 13, 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 13th day of February, 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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2006-0-02 4
CITY COUNCIL OF THE
CITY O EDG AT L DA
B•
Mike 11ornas
ayor
RRobmL. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 13th day
of February, 2006 under Agenda Item No.
6 D.
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
Imo\•iy 3 IMP
A portion of U.S. Lots 1 and 2, Section 13, Township 18 South, Range 34 East, being described as
follows:
Asa point of reference begin at the Northwest comer of U.S. Lot 2, Section 13, Township 18 South,
Range 34 East; thence N 68038'36" E, along the North line of said U.S. Lot 2, a distance of 154.03
feet; thence S 28002'31" E, a distance of 439.34 feet; thence S 14010'55" E, a distance of 483.39;
thence S 22°48'24" E, a distance of 198.47 feet to the South line of said U.S. Lot 2; thence S
87e35'58" W, along said South line, a distance of 531.19 feet to the West line of said U.S. Lot 2;
thence S 00050'02" E, along the East line of said U.S. Lot 1, a distance of 84.36 feet; thence S
89e32'43" W, a distance of 210 feet; thence N 00e50'02" W, a distance of 1010.00 feet to the North
line of said U.S. Lot 1; thence N 68038'36" E, along said North line, a distance of 224.23 feet to the
Point of Beginning.
PARCEL H:
A portion of U.S. Lot 2, Section 13, Township 18 South, Range 34 East and being more particularly
described as follows:
As a point of reference commence at the Northwest comer of U.S. Lot 2, Section 13, Township 18
South, Range 34 East; thence N 68e38'36" E, along the North line of said U.S. Lot 2, a distance of
154.03 feet; thence S 2800231" E, a distance of 439.35 feet; thence S 14'10'55" E, a distance of
387.51 feet for the Point of Beginning; thence N 83e50'50" E, a distance of 505.89 feet; thence S
25e06'23" E, a distance of 164.34 feet; thence S 57e44'13" E, a distance of 283.75 feet to the
Southerly line of said U.S. Lot 2; thence S 87°35'58" W, along said Southerly line, a distance of
712.85 feet; thence N 22°48'24" W, a distance of 198.47 feet; thence N 14e 10'55" W, a distance of
95.89 feet to the Point of Beginning.
Containing 17.63 ± acres more or less
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Diane M. Matousek
Volusia County, Clerk of Court