2006-O-33
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11/22/2006 12:43 PM
Instrument# 2006-291855 # 1
Book: 5958
Page: 1503
ORDINANCE NO. 2006-0-33
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 1840 AIR PARK ROAD, VOL USIA 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. Edgewater Airpark, LLC, owner hereby authorizes Mark Karet of Zev Cohen &
Associates, Inc. to act as agent/applicant for annexation of property located at 1840 Air Park Road,
within Volusia County, Florida. Subject property contains approximately 0.60::!: 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 2 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on September 13, 2006, the Board
recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater.
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2006-0-33
Instrument# 2006-291855 # 2
Book: 5958
Page: 1504
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXA TION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
1. 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 Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingl y.
4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County Manager, the Mapping Division of the V olusia 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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2006-0-33
2
Instrument# 2006-291855 # 3
Book: 5958
Page: 1505
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 Vol usia 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 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
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2006-0-33
3
Instrument# 2006-291855 # 4
Book: 5958
Page: 1506
On October 2, 2006 a motion to approve continuance of second reading until the November
6, 2006 City Council meeting was made by Councilwoman Rhodes and Second by Councilwoman
Lichter, motion carried 5-0.
After Motion to approve by Councilwoman Rogers
and Second by
Councilman Vihcenzi
, the vote on the second reading/public hearing of this ordinance held on
November 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
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2006-0-33
4
C
Instrueenti 2006-291855 f 5
gook: 5958
age: 1507
PASSED AND DULY ADOPTED this 6th day of November, 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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2006-0-33
CITY COUNCIL OF THE
CITY O EDGEW DA
B
Mike T omas
ayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 6th day of
November, 2006 under Agenda Item No.
6E.
Instrument. 2006-291855 # 6
Book: 5958
Page: 1508
EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
PARCEL 0:
The Southerly 31.77 feet of that part of Lot 261, lying Westerly of Air Park Road, a 50 foot right-of-
way as now laid out and described per Official Records Book 2141, Page 1168, Public Records of
Volusia County, Florida, and that part of Lot 262, lying Westerly of Air Park Road and that part of
Lot 263, lying Westerly of said Air Park Road and Northerly of State Road No. 442, a 120 foot right-
of-way as now laid out, Assessor's Subdivision of the Samuel Betts Grant as shown on map in Map
Book 3, Page 153, Public Records of V olusia County, Florida, and being more particularly described
as follows:
Commence at the Northwest corner of Lot 227, said Assessor's Subdivision of Samuel Betts Grant,
thence South 21006'40" East along the Westerly line of said Lot 227, and its Southerly extension
thereof, a distance of993 feet for the Point of Beginning; thence North 69038'30" East a distance of
159.02 feet to a point on the Westerly right-of-way line of said Air Park Road; thence South
14 004'29" West along said Westerly right-of-way line a distance of 173.30 feet to the Northerly line
of said State Road No. 442; thence South 68050'55" West along said Northerly right-of-way, a
distance of 137.86 feet to the Westerly line of said Lot 263; thence North 21006'40" West along the
Westerly line of said Lot 261, 262, and 263, a distance 174.19 feet to the Point of Beginning.
Containing 0.60 :t acres more or less.
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2006-0-33
6
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Book. 2006 5-291855 # 7
Pa . 958
DO ge: 1509
V1ane 0 M. Matousek
olu51a Co t
un Y. Clerk of Court