2016-O-23ORDINANCE NO. 2016-0-23
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, MODIFYING CHAPTER 1 (GENERAL
PROVISIONS) BY AMENDING SECTION 1-8 (GENERAL
PENALTY; CONTINUING VIOLATIONS) OF THE CODE
OF ORDINANCES; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR CODIFICATION, AN EFFECTIVE
DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Chapter 1 (General Provisions) has been amended from time to time for
consistency with current state laws and codes.
2. Section 1-8 (General penalty; continuing violations) has not been updated since
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. MODIFY CHAPTER 1 (GENERAL PROVISIONS) BY
AMENDING SECTION 1-8 (GENERAL PENALTY;
CONTINUING VIOLATIONS) OF THE CODE OF
ORDINANCES FOR THE CITY OF EDGEWATER,
FLORIDA.
Chapter 1 (General Provisions), Section 1-8 (General penalty; continuing
violations) Code of Ordinances, City of Edgewater, Florida is hereby amended as
set forth in Exhibit "A", which is attached hereto and incorporated herein.
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ordinance, are hereby superseded by this ordinance to the extent of such conflict.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 by a court of competent jurisdiction, 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 by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
PART D. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or re -lettered to
accomplish such intention.
PART E. EFFECTIVE DATE.
This Ordinance shall take effect upon adoption.
PART F. ADOPTION.
After Motion to approve by Councilwoman Power, with Second by Councilwoman
Bennington, the vote on the first reading of this ordinance held on March 7, 2016, was as
follows:
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Dan Blazi
Councilman Gary T. Conroy
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NAY
After Motion to approve by Cott�rc , %V m L n ef_' 6'0 1 H Q tv � with
Second byCiv L L rrC J / W 4 "- .Z�1 too the vote on the second
reading/public hearing of this ordinance held on April 4, 2016, was as follows:
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Dan Blazi
Councilman Gary T. Conroy
AYE NAY
PASSED AND DULY ADOPTED this 4th day of April, 2016.
ATTEST:
r-,
Mitch Honaker
Deputy City Clerk
vor the, us and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Aaron R. Wolfe, Esquire
City Attorney
Doran, Sims, Wolfe & Ciocchetti
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CITY COUNCIL OF THE
CITY OF EDGEWATER FLO DA
By:
Mike Ignasia
Mayor
Approved by the City Council of the City of
Edgewater at a meeting held on this 4th day of
April, 2016 under Agenda Item No. 8 L .
EXHIBIT "A"
Chapter 1
GENERAL PROVISIONS
Chapter 1 - GENERAL PROVISIONS
Sec. 1-1. - How Code designated and cited.
The ordinances embraced in the following chapters and sections shall constitute and be
designated the "Code of Ordinances, City of Edgewater, Florida," and may be so cited.
Sec. 1-2. - Rules of construction.
In the construction of this Code and of all ordinances, the following definitions and rules
of construction shall be observed, unless inconsistent with the manifest intent of the city council
or the context clearly requires otherwise.
City. The words "the city" or "this city" shall mean the City of Edgewater, in the County
of Volusia, and the State of Florida, except as otherwise provided.
Computation of time. The time within which an act is to be done shall be computed by
excluding the first and including the last day; and if the last day is a Sunday or a legal holiday,
that shall be excluded.
Council, governing body. The words "the council", "city council", or "governing body"
shall mean the city council of the City of Edgewater, Florida.
County. The words "the county" or "this county" shall mean the County of Volusia in the
State of Florida.
Gender. Words importing the masculine gender shall include the feminine and neuter.
Month. The word "month" shall mean a calendar month.
Oath. The word "oath" shall be construed to include an affirmation in all cases in which,
by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and
"sworn" shall be equivalent to the words "affirm" and "affirmed."
Officers, departments, boards, etc. Whenever reference is made to any officer,
department, board, commission or other municipal agent, agency or representative, such
reference shall be construed as if followed by the words "of the City of Edgewater", and shall
include duly authorized deputies, assistants or representatives of such officers, etc., unless
specifically provided to the contrary.
Owner. The word "owner," applied to building or land, shall include any part owner, joint
owner, tenant in common, joint tenant or tenant by the entirety, of the whole or part of such
building or land.
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Person. The word "person" shall include a firm, partnership, association, organization,
bodies politic and corporate, and any other group acting as a unit, as well as an individual.
Plural, singular. Words importing the singular shall include the plural, and words
importing the plural shall include the singular.
Property. The word "property" shall include real and personal property.
Sidewalk. The word "sidewalk" shall mean any portion of a street between the curb line
and the adjacent property line, intended for the use of pedestrians.
Signature or subscription includes a mark when the person cannot write.
Statute references. Whenever reference is made to the Fla. Stat. or F.S. it shall be
construed to refer to the Florida Statutes.
Street. The word "street" shall mean and include any public way, road, highway, street,
avenue, boulevard, parkway, alley, lane, viaduct, and bridge within the city.
Tenant. The words "tenant" or 'occupant" applied to a building or land, shall include any
person who occupies the whole or part of such building or land, whether alone or with others.
Time. Words used in the past or present tense include the future as well as the past and
present.
Writing. The words "writing" and "written" shall include printing and any other mode of
representing words and letters.
Year. The word "year" shall mean a calendar year.
Sec. 1-3. - Catchlines of sections.
The catchlines of the several sections of this Code printed in boldface type are intended
as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be
titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they
be so deemed when any of such sections, including the catchlines, are amended or reenacted.
Sec. 1-4. - Supplementation of Code.
(a) By contract or by city personnel, supplements to this Code shall be prepared and
printed whenever authorized or directed by the city council. A supplement to the Code shall
include all substantive permanent and general parts of ordinances passed by the city council or
adopted by initiative and referendum during the period covered by the supplement and all
changes made thereby in the Code. The pages of a supplement shall be so numbered that they
will fit properly into the Code and will, where necessary, replace pages which have become
obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been
inserted, the Code will be current through the date of the adoption of the latest ordinance
included in the supplement.
(b) In preparing a supplement to this Code, all portions of the Code which have been
repealed shall be excluded from the Code by the omission thereof from reprinted pages.
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(c) When preparing a supplement to this Code, the codifier (meaning the person,
agency or organization authorized to prepare the supplement) may make formal, nonsubstantive
changes in ordinances and parts of ordinances included in the supplement, insofar as it is
necessary to do so to embody them into a unified code. For example, the codifier may:
(1) Organize the ordinance material into appropriate subdivisions;
(2) Provide appropriate catchlines, headings and titles for sections and other
subdivisions of the Code printed in the supplement, and make changes in such catchlines,
headings and titles;
(3) Assign appropriate numbers to sections and other subdivisions to be
inserted in the Code and, where necessary to accommodate new material, change existing
section or other subdivision numbers;
(4) Change the words "this ordinance" or words of the same meaning to "this
chapter," "this article," "this division," etc., as the case may be, or to "sections
to
(inserting section numbers to indicate the
sections of the Code which embody the substantive sections of the ordinance
incorporated into the Code); and
(5) Make other nonsubstantive changes necessary to preserve the original
meaning of ordinance sections inserted into the Code; but in no case shall the codifier
make any change in the meaning or effect of ordinance material included in the
supplement or already embodied in the Code.
Sec. 1-5. - Effect of repeal or expiration of ordinance.
The repeal of an ordinance, or its expiration by virtue of any provision contained therein,
shall not affect any right accrued, any offense committed, any penalty or punishment incurred or
any proceeding commenced before the repeal took effect or the ordinance expired.
When an ordinance which repealed another shall itself be repealed, the previous
ordinance shall not be revived.
Sec. 1-6. - Severability of parts of code.
It is hereby declared to be the intention of the city council that the sections, paragraphs,
sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence,
paragraph or section of this Code shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the same
would have been enacted by the city council without the incorporation in this Code of any such
unconstitutional phrase, clause, sentence, paragraph or section.
Sec. 1-7. - Altering code.
It shall be unlawful for any person, firm or corporation in the city to change or amend by
additions or deletions, any part or portion of this Code, or to insert or delete pages, or portions
thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law
of the city to be misrepresented thereby.
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Sec. 1-8. - General penalty; continuing violations.
Wherever in this Code or in any ordinance of the city, or rule or regulation promulgated
by an officer or agent thereof, under authority of law or ordinance, any act is prohibited or is
declared to be unlawful or an offense or misdemeanor, or the doing of any act is required, or the
failure to do any act is declared to be unlawful or an offense or misdemeanor and no specific
penalty is provided therefor, the violation of any such provision of this Code, ordinance, rule or
regulation shall be punished by a fine of not more than $500.00 or by imprisonment not
exceeding 60 days as authorized pursuant to F.S. ch. 166. Each day any violation of this Code,
ordinance, rule or regulation continues shall constitute a separate offense.
The city hereby authorizes and provides for a schedule of fines and/or penalties for
violation of all penal ordinances [in] the Code. Said schedule of fines and/or penalties shall be
established and modified from time to time as needed by resolution of the city council.
The city may, but is not limited to enforce its code and ordinances through the issuance
of a citation a summons a notice to spear in county courtor arrest as provided for by Florida
Statutes.
The city council is authorized and embowered to institute legal proceedings in state or
federal court for the purposes of obtaining injunctive relief and such other relief as may be
proper under the law against violators of this code. The imposition of a penalty does not prevent
equitable relief.
Sec. 1-9. - Additional court cost for law enforcement education.
(a) There is hereby assessed by the city, in compliance with F.S. §§ 318.18(11)(b)
and 938.15, an additional amount as authorized by the appropriate section of the Florida Statutes
and adopted by resolution of the city council, as court costs against every person convicted for
violation of a state penal or criminal statute or state traffic law or convicted of a [violation of a]
municipal or county ordinance or who admits to the commission of a traffic infraction, where
said offense occurred within the city. In addition, an amount as authorized by the appropriate
section of the Florida Statutes and adopted by resolution of the city council shall be deducted
from every bond estreature or forfeited bail bond related to such penal statutes or ordinances.
However, no such assessment shall be made against any person convicted for violation of any
state statute, municipal or county ordinance relating to the parking of vehicles.
(b) All such assessments shall be collected by the appropriate court and shall be
remitted to the city and marked for law enforcement education and training for members of the
police department. The use and expenditure of such funds shall be in accordance with education
and training programs for law enforcement personnel, as determined by the chief of police and in
accordance with F.S. § 938.15.
Sec. 1-10. - City boundary.
The boundary line of the city is hereby redefined and shall stand as described, as follows:
Commence on the center line of Gabardy or South Canal in section fifty, township
seventeen south, range thirty-four east where the canal enters the Hillsboro or Indian River north
for the point of beginning; thence westerly along the center line of the said canal to the south line
of the Seymour Pickett grant in section forty-nine, township seventeen south, range thirty-four
east; thence south seventy-four degrees west along said grant line to its intersection with the
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section line between sections twenty-nine and thirty, township seventeen south, range thirty-four
east; thence south on said section line forty-six and fifty one -hundredths chains to the northerly
line of the Geronimo Alvarez grant, section fifty-two, township seventeen south, range thirty-
four east; thence south seventy-four degrees west nine and fifty one -hundredths chains along the
northerly line of said Alvarez grant to the northwesterly corner thereof; thence south fourteen
degrees east fifty chains along the westerly line of said Alvarez grant to the southwesterly corner
thereof; thence north seventy-four degrees east along the southerly line of said Alvarez grant to a
point, said point being on the south line of said Alvarez grant and a distance of two thousand
four hundred forty-six and fifty-eight one -hundredths feet southwesterly of the northeast corner
of U.S. lot three, section thirty-two, township seventeen south, range thirty-four east; thence
south six degrees, nineteen minutes, forty-two seconds east, a distance of eight hundred forty-
eight and thirty-two one -hundredths feet to the northeast corner of the Bett's grant, section fifty-
four, township seventeen south, range thirty-four east; thence south twenty degrees, eighteen
minutes, thirty-four seconds east along the east line of the said Bett's grant, a distance of three
hundred thirty and five one -hundredths feet to the intersection of the southerly line of U.S. lot
four, section thirty-two, township seventeen south, range thirty-four east; thence easterly along
said south line of U.S. lot four and the southerly line of U.S. lot three, a distance of one thousand
one hundred twenty-two and twenty-one one -hundredths feet; thence northerly and parallel to the
east line of said U.S. lot three, a distance of one thousand five hundred thirty-seven and four one -
hundredths feet to the southerly line of the said Alvarez grant; thence north seventy-four degrees
east along the southerly line of said Alvarez grant to the northeast corner of U.S. lot three,
section thirty-two, township seventeen south, range thirty-four east; thence south along the east
line of said U.S. lot three and the east line of U.S. lot five, section thirty-two, township seventeen
south, range thirty-four east to the south line of township seventeen south, range thirty-four east;
thence south eighty-eight degrees, forty-one minutes, forty-four seconds west one thousand
seven hundred sixty-six feet along the said south line of township seventeen south, range thirty-
four east to the easterly line of the Bett's grant, section thirty-eight, township eighteen south,
range thirty-four east; thence south twenty-one degrees; six minutes, forty-six seconds east seven
thousand six hundred forty-nine and nine -tenths feet along the easterly line of said Bett's grant to
the southeasterly corner thereof; thence south sixty-eight degrees, fifty-three minutes, fourteen
seconds west one thousand eight hundred feet along the north line of the Bolton grant, section
thirty-nine, township eighteen south, range thirty-four east; thence south twenty-one degrees, six
minutes, forty-six seconds east parallel to the east line of said Bolton grant nine thousand eight
hundred seventy-two feet; thence north sixty-eight degrees, fifty-three minutes, fourteen seconds
east one thousand eight hundred feet to the south corner of section fifteen, township eighteen
south, range thirty-four east; thence north no degrees thirty-two minutes twenty-one seconds
west seventy-seven and two-tenths feet to the southwest corner of the northwest quarter of the
northwest quarter of section fourteen, township eighteen south, range thirty-four east; thence
north eighty-nine degrees forty-six minutes thirty-four seconds east seven hundred forty-five
feet; thence north no degrees thirty-two minutes twenty-one seconds west one thousand three
hundred twenty-two and five -tenths feet to the north line of section fourteen, township eighteen
south, range thirty-four east; thence north eighty-nine degrees eight minutes forty-four seconds
east one thousand five hundred twenty-six and seven -tenths feet; thence south twenty-one
degrees fifteen minutes fifty-one seconds east five hundred ninety-seven feet to the northwesterly
corner of the Jane Murray grant, section forty-eight, township eighteen south, range thirty-four
east; thence north sixty-eight degrees fifty minutes thirty-nine seconds east along the northerly
line of said Jane Murray grant one thousand six hundred twelve feet; thence south eighty-nine
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degrees eight minutes forty-four seconds west one hundred twenty-five feet to the southeast
corner of U.S. lot two, section eleven, township eighteen south, range thirty-four east; thence
north no degrees twenty-six minutes sixteen seconds west nine hundred twenty and one-tenth
feet to the westerly right-of-way line of the Florida East Coast Railway; thence northerly along
the said westerly right-of-way line of the Florida East Coast Railway right-of-way line to the
south line of section two, township eighteen south, range thirty-four east; thence north eighty-
nine degrees thirteen minutes forty-four seconds east along the south line of section two, to the
point of intersection of said south line of section two with the west side of lot fourteen of
Edgewater Country Estates, as per map recorded in map book eleven, page two hundred forty-
seven, public records of Volusia County, Florida; thence south along the west line of said lot
fourteen a distance of one thousand three hundred eighteen and five -tenths feet to the north right-
of-way of Roberts Road as now laid out; thence east along the southern boundary of said lot
fourteen and the northern right-of-way of Roberts Road to the southeast corner of lot fourteen;
thence south across Roberts Road to the intersection of the northwest corner of lot nineteen and
the southern right-of-way of Roberts Road; thence south along the west side of said lot nineteen,
a distance of one thousand three hundred fifty-seven and 45 one -hundredths feet to the southwest
corner of said lot nineteen; thence east along the southern boundary of lots nineteen, eighteen,
seventeen, and sixteen, a distance of one thousand one hundred forty-six and forty one -
hundredths feet to the southern most southeast corner of lot sixteen; thence north along the
eastern boundary of lot sixteen, a distance of six hundred fifty-three and five -tenths feet; thence
east along a prolongation of the south boundary of lot line, a distance of one hundred twelve and
five -tenths feet to the southwest corner of lot nine; thence north along the western boundary of
lots seven, eight, and nine of said subdivision, a distance of six hundred sixty and eighty one -
hundredths feet to the southerly right-of-way of Roberts Road as now laid out; thence west along
the southerly right-of-way of Roberts Road to a point where the southern prolongation of the
west side of lot ten would intersect with said southerly right-of-way of Roberts Road; thence
north across Roberts Road to the southwest corner of lot ten of said subdivision; thence north
along the western boundary of said lot ten, a distance of six hundred fifty nine and twenty six
one -hundredths feet; thence west, parallel to the south line of said section two, a distance of three
hundred forty-three feet to the east boundary of lot twelve; thence north along the eastern
boundary of lot twelve, a distance of six hundred fifty nine and twenty-six one -hundredths feet to
said south line of section two, township eighteen south, range thirty-four east; thence north
eighty-nine degrees thirteen minutes forty-four seconds east along the south line of said section
two to the southeast corner of said section two; thence north no degrees twenty-seven minutes
sixteen seconds west two hundred thirty-one feet; thence south eighty-nine degrees thirteen
minutes forty-four seconds west one thousand three hundred thirty-nine feet; thence north no
degrees twenty-seven minutes sixteen seconds west one thousand one hundred and five -tenths
feet to the northeast corner of the southwest quarter of the southeast quarter of section two
township eighteen south, range thirty-four east; thence westerly along the north line of the said
southwest quarter of the southeast quarter of section two, township eighteen south, range thirty-
four east to the southeast corner of the west quarter of the northwest quarter of the southeast
quarter of said section two; thence northerly along the easterly line of the west quarter of the
northwest quarter of the southeast quarter of said section two to the south line of the southwest
quarter of the northeast quarter of section two, township eighteen south, range thirty-four east;
thence east along the south line of said southwest quarter of the northeast quarter to the southeast
corner thereof; thence south along the west line of lot thirteen, block A, Edgewater Park
Subdivision as shown on map in map book ten, page one hundred fifty-four of the public records
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of Volusia County, Florida to the northerly line of Thomas Avenue, a fifty -foot right-of-way as
platted per Edgewater Park Subdivision; thence easterly along the northerly line of said Thomas
Avenue a distance of six hundred nine feet to the westerly right-of-way line of U.S. highway no.
one, a one hundred fifty -eight -foot right-of-way as now laid out; thence northerly along the said
westerly right-of-way line to a point, said point being three hundred feet northerly of the south
line of U.S. lot seven, section two, township eighteen south, range thirty-four east; thence
westerly and parallel to the said southerly line of U.S. lot seven, section two, township eighteen
south, range thirty-four east; to the easterly line of the southwest quarter of the northeast quarter
of section two, township eighteen south, range thirty-four east; thence north along the east line of
the said southwest quarter of the northeast quarter and the northerly extension thereof to the
westerly right-of-way line of U.S. highway no. one; thence northerly along the said highway
right-of-way line six hundred eighteen and four -tenths feet; thence south sixty-four degrees
twelve minutes nineteen seconds west for seven hundred four and forty one -hundredths feet;
thence north twenty-six degrees forty-one minutes forty-one seconds west for a distance of six
hundred eighteen and four -tenths feet; thence north sixty-four degrees twelve minutes nineteen
seconds east for a distance of seven hundred four and forty one -hundredths feet to the westerly
right-of-way of said U.S. highway no. one; thence along the two hundred ten feet southerly and
two hundred ten feet westerly perimeter of a parcel being the northerly two hundred ten feet of
the easterly two hundred ten feet in the northwesterly quarter of the northeast quarter of section
two to the north line of section two, township one hundred eighty-five, range thirty-four east;
thence two hundred ten feet along said north line of section two to the easterly right-of-way of
U.S. highway no. one, a one -hundred -fifty -eight -foot right-of-way as now laid out; thence south
twenty-six degrees, twenty-six minutes east, along the easterly line of said U.S. highway no. one
to a point said point being one hundred forty feet northerly of and as measured along the said
easterly right-of-way of U.S. highway no. one from the south line of U.S. lot six, section two,
township eighteen south, range thirty-four east; thence northeasterly to the east line of U.S. lot
six to a point on the east line of said U.S. lot six, said point being three hundred ninety-six and
fifty-five one -hundredths feet northerly of the southeast corner of said U.S. lot six; thence
easterly and at right angles to the easterly line of said U.S. lot six a distance of two hundred nine
feet more or less to the westerly right-of-way line of the intracoastal waterway; thence northerly
along the said westerly right-of-way line of the intracoastal waterway to a point said point being
sixty-nine and five -tenths feet southerly of a line, said line being north sixty-two degrees east
from the northeast corner of said U.S. lot six; thence south sixty-two degrees west two hundred
fifty feet more or less to the easterly line of said of said U.S. lot six, thence south twenty-eight
degrees east along the easterly line of said U.S. lot six to the point of intersection with the
southerly line of the northerly sixty-nine and five -tenths feet of said U.S. lot six; thence west
along the southerly line of the northerly sixty-nine and five -tenths feet of said U.S. lot six to a
point, said point being four hundred ninety-seven and forty-nine one -hundredths feet easterly of
the easterly right-of-way of U.S. highway no. one; thence south twenty-six degrees twenty-six
minutes east and parallel to the east right-of-way line of U.S. highway no. one a distance of
twenty-two and thirty-four one -hundredths feet for the point of exception; thence continue south
twenty-six degrees, twenty-six minutes east and parallel to the east right-of-way line of U.S.
highway no. one a distance of one hundred eighty feet; thence west and parallel to the north line
of U.S. lot six and north line of the west half of the northeast quarter, section two, township
eighteen south, range thirty-four east a distance of one hundred fifty feet; thence north twenty-six
degrees, twenty-six minutes west and parallel to the easterly line of U.S. highway no. one a
distance of sixty-five feet; thence east a distance of fifty feet; thence north twenty-six degrees,
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twenty-six minutes west a distance of one hundred fifteen feet; thence east a distance of one
hundred feet to the point of exception; thence north twenty-six degrees, twenty-six minutes west
a distance of twenty-two and thirty-four one -hundredths feet; thence west a distance of one
hundred twenty feet; thence south twenty-six degrees, twenty-six minutes east a distance of
twenty-two and thirty-four one -hundredths feet to a point, said point being three hundred
seventy-seven and forty-nine one -hundredths feet easterly of the east line of U.S. highway no.
one; thence west and parallel to the north line of the west half of the northeast quarter, section
two, township eighteen south, range thirty-four east a distance of three hundred seventy-seven
and forty-nine one -hundredths feet to the said easterly right-of-way of U.S. highway no. one;
thence north twenty-six degrees twenty-six minutes west along the said easterly right-of-way a
distance of one hundred feet to a point on the said north line of the west half of the northeast
quarter section two, township eighteen south, range thirty-four east, said point being also
described as on the south line of U.S. lot five, section two, township eighteen south, range thirty-
four east; thence east along the said south line of U.S. lot five, section two, township eighteen
south, range thirty-four east, to the southeast corner of said U.S. lot five; thence north sixty-two
degrees east to the center line of the channel of the Hillsboro or Indian River north; thence
northerly along the center line of said channel to the intersection of the said channel center line
with the easterly prolongation of the center line of the Gabardy Canal; thence westerly along the
prolongation of the center line of the Gabardy Canal center line to the point of beginning.
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