2006-O-3110/05/2006 12:27 PM
y Irstruaentt 2006-250347 t 1
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yr �* ORDINANCE NO.2006-0-31
` AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 2310 SOUTH 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. Thomas Wenski, Bishop of the Diocese of Orlando as owner, authorizes Michael
Wilde of Baker & Hostetler, LLP as agent/applicant for annexation ofproperty located at 2310 South
Ridgewood Avenue, within Volusia County, Florida. Subject property contains approximately 9.97
+ acres.
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 3 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on August 9, 2006, the Board
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recommended by a vote of 5 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:
PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEWATER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real properly 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 to approve by Councilwoman Rhodes and Second by Councilwoman Lichter,
the vote on the first reading of this ordinance held on September 11, 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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A
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After Motion to approve by Councilwotan Lichter and Second by
Councilwoman: Rhodes the vote on the second reading/public hearing of this ordinance held on
September 25, 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 25th day of September, 2006.
A`F"f';,
Susan J^adsworth
City Clt k
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 DGE RIDA
n B
Mike homas
Mayor
�J
uat t�
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 25th day
of September, 2006 under Agenda Item No.
6B .
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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.
The Northwest 1/4 of the Northwest I/4, West of the State Road, EXCEPT the Northerly 210 feet
of the Easterly 210 feet thereof.
ALSO EXCEPT the 9.785 acres in the South portion described as follows: Beginning at an iron pin
on the Southeast comer of the Northwest 1/4 of the Northeast 1/4 and running West, a distance of
1320 feet to a comer; thence North, a distance of 83.0 feet to a comer; thence Northeasterly, a
distance of 1145.7 feet to a comer on the Westerly side of the State Road; thence Southeasterly along
the State Road, a distance of 618.4 feet to a comer, thence South a distance of 24.3 feet to a Point
of Beginning. All of the above being located in Section 2, Township 18 South, Range 34 East,
Volusia County, Florida.
ALSO EXCEPT: Commence at the intersection of the North line of said Section 2 and the Westerly
line of said U.S. Highway No. l; thence Westerly along the Northerly line of said Section 2, a
distance of 210 feet for the Point of Beginning; thence South 26041'41" East and parallel to said
Westerly line of U.S. Highway No. 1, a distance of 210 feet; thence Easterly and parallel to the North
line of said Section 2, a distance of 210 feet to the said Westerly line of U.S. Highway No. 1; thence
South 64'12'19" West, a distance of 704.40 feet; thence South 2604 1'41 " East and parallel to the said
U.S. Highway No. 1, a distance of 618.4 feet to the Northerly line of SILVER RIDGE
SUBDIVISIONS UNITS 1 AND 2, and recorded in Map Book 25, Page 87 and Map Book 27, Page
50, respectively; thence South 64'12' 19" West along the Northerly line of Silver Ridge Subdivision,
a distance of 441.30 feet to the Westerly line of the Northwest 1/4 of the Northeast 1/4, said Section
2; thence Northerly along the said Westerly line, a distance of 1237 feet more or less to the said
North line of Section 2; thence Easterly along the said North line a distance of 465.9 feet to the Point
of Beginning.
Re -described as follows:
A portion of the Northwest 1/4 ofthe Northeast I/4 of Section 2, Township 18 South, Range 34 East,
Volusia County, Florida, lying westerly of U.S. Highway No. 1, being described as follows:
For a Point of Beginning, commence at the Southeasterly comer of Pelican Cove West Subdivision -
Phase I, as recorded in Map Book 38, Pages 172 and 173 of the Public Records of Volusia County,
Florida, said point being the Southeasterly comer of Lot 13, Block "C" of said Pelican Cove West
Subdivision - Phase I; thence North 26041'11" West, along the Easterly line of said Pelican Cove
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West Subdivision - Phase I, a distance of 615.29 feet; thence North 64012'49" East, a distance of
704.40 feet to a 4" x 4" concrete monument with an iron rod representing a point on the Westerly
right of way of U.S. Highway No. 1; thence South 26050'36" East, along the Westerly right of way
of U.S. Highway No. 1 as monumented and by general acceptance, a distance of 616.32 feet to the
Easterly prolongation of the Northerly line of Silver Ridge Subdivision - Unit No. 1, as recorded in
Map Book 25, Page 87 of the Public Records of Volusia County, Florida; thence South 64017'40"
West, along said Easterly prolongation and along said Northerly line of Silver Ridge Subdivision -
Unit No. 1, a distance of 706.10 feet to the Point of Beginning.
Containing 9.97 ± acres more or less.
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Diane M. Xatousek
Volusia Canty, Clerk of Court