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2016-O-29 12/20/2016 01:49 PM 08/01/2016 03:02 PM Instrument# 2016-235128 # 1 Instrument# 2016-140460 # 1 Book : 7339 Book : 728.4 Page : 3643 Page : 1464 ORDINANCE NO.2016-0-29 AN ORDINANCE ANNEXING 19.4± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 3176 W. INDIAN RIVER BOULEVARD, 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 FILLNG 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. Glenn D. Storch, applicant for Dale L. Williams, has applied for annexation of property located at 3176 W. Indian River Boulevard, within Volusia County, Florida. Subject property contains approximately 19.4± acres. 2. The 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\of the City of Edgewater are hereby designated to include the property described herein. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: 1 Strikegh passages are deleted. 4 Underlined passages are added. This Ordinance is being re-recorded to reflect the correction on the scrivener's error in paragraph#4. "The boundaries of Voting District #2016-0-29 4 of the City of Edgewater are hereby designated to include the property described herein." This document replaces that which was This do+"tti sot was proststtedfofrecorded on August 1, 2016 and located at Book #7284, Pages 1464 - recording with redacted information. 1469. •Instrument# 2016-235128 # 2 Instrument# 2016-140460 # 2 Book : 7339 Book : 7284 Page : 3644 Page : 146.5 PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER, 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 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 tA", 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. 2 e-threagh-passages are deleted. Underlined passages are added. #2016-0-29 .Instrument# 2016-235128 # 3 Instrument# 2016-140460 # 3 Book : 7339 Book : 7284 Page : 3645 Page : 1466 410) 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 Councilman Conroy with Second by Councilwoman Power, the vote on first reading of this Ordinance held on May 2, 2016 was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Gigi Bennington ABSENT Councilman Dan Blazi X Councilman Gary T. Conroy X 3 1 kis Strm. h-passages are deleted. Underlined passages are added. #2016-0-29 , Instrtment# 2016-235128 # 4 Instrtment# 2016-140460 0 4 Book : 7339 Book : 7284 ' Page : 3646 Page 1467 After Motion to approve by t.C.LXtyir1 %Cri with Second by �l tc �� 1 c�� <' , the vote on second reading/public hearing of this Ordinance held on tJi_sl� l``=S , 2016 was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary T. Conroy PASSED AND DULY ADOPTED this kfill4N day of LJt_tLr , 2016. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA By/ �I / I` /Y C-� ' �C t Robin•Matusick Mike Ignasiak City Clerk%Paralegal Mayor .F'or the tri hnd:r ianQe only by the City of Approved by the City Council of the City of g Edgewater Florid :.;Approved as to form and Edgewater at a meeting held on this 1,341)day legality.by::..,,Nr0 R. Wolfe, Esquire of , 2016 under Agenda ',`,`< 1,Attorney Item No. 8 d . Doran,Sims, Wolfe&Ciocchetti 4 St ke-through passages are deleted. Underlinedpassagesare added. #2016-0-29 .Instrument# 2016-235128 # 5 Instrtment# 2016-140460 # 5 Book : 7339 Book : 7284 'Page : 3647 Page : 1468 • EXHIBIT "A" LEGAL DESCRIPTION Lots 2 and 3,MODEL LAND COMPANY SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 5,page 187, Public Records of Volusia County, Florida. LESS AND EXCEPT that portion deeded to the State of Florida for the right of way of State Road 442 in Official Records Book 1082, page 577, Public Records of Volusia County, Florida, more particularly described as follows: That portion of Lots 2 and 3 lying Southerly and within 50 feet of the survey line of Edgewater Road, Section 79509, said survey line being described as follows: Begin at a point on the Westerly boundary of above SAMUEL BETTS GRANT (Section 38), located 1245.62 feet Northerly of the Southwest corner of said Grant and run North 68° 22' 10" East, 1127.80 feet to Station 53+00; thence continue North 68° 22' 10" East 627.00•feet to a point on the Northerly extension of the Westerly boundary of Lot 6 of MODEL LAND COMPANY, according to the map or plat thereof as- recorded in Plat Book 5, page 187, Public Records of Volusia County, Florida,located 26.32 feet Northerly of the Northwesterly corner of said Lot 6. AND LESS AND EXCEPT that part deeded to the State of Florida for State Road 442 in Official Records Book 4686,page 4547, Public Records of Volusia County, Florida described as follows: 411100 Commence at the Southeast comer of Section 5, Township 18 South, Range 34 East, Volusia County, Florida;thence North 21° 27'30"W, along the East line of said Section 5, also being the West line of Samuel Betts Grant, Section 38, Township 18 South, Range 34 East, Volusia County, Florida 120.025 meters (393.78 feet) to a point on the existing Southerly right of way line of State Road 442, as shown on the Florida Department of Transportation Right of Way Map, Section 79210-2505; thence North 68° 22' 25" East, along said existing Southerly right of way line, 106.689 meters (350.03 feet) to the West line of Lot 2, MODEL LAND COMPANY SUBDIVISION, as recorded in Map Book 5, page 187, Public Records of Volusia County, Florida for the Point of Beginning; thence continue North 68° 22' 25" East, along said existing Southerly right of way line, 213.369 meters (700.03 feet)to the East line of Lot 3, said MODEL LAND COMPANY SUBDIVISION; thence departing said right of way line, South 21° 26' 16" East, 11.278 meters (37.00 feet); thence South 68° 22'25"West parallel with the existing right of way line, 213.367 meters(700.02 feet)to a point on said West line of Lot 2;thence North 21°27' 06" West,along said West line, 11.278 meters(37.00 feet)to the Point of Beginning. This legal description includes any/all adjoining right-of-way relating to the subject property. 5 Strikeh passages are deleted. Underlined passages are added. #2016-0-29 Instrulaent# 2016-235128 # 6 Instrument# 2016-140460 # 6 . Book : 7339 Book : 7284 Page : 3648 Page : 1469 Diane N. Natousek Diane M. Matousek Volusia County, Clerk of Court Volusia County, Clerk of Court EXHIBIT "B" s • �5 ‘ \ , '\_---------\--. — __,_ w40 �'---<$�,o \ \, 1rs \ ______c___________--- \. \_--- - _-----"V-- \- \\ , i.. I \ EELS GROVE RD P C .4. .fir . ®Sum P' r 6 S.trike-thffruglt-passages are deleted. Ite Underlined passages are added. #2016-0-29 08/01/2016 03:02 PM Instrument# 2016-140460 # 1 Book : 728.4 Page : 1464 ORDINANCE NO.2016-0-29 AN ORDINANCE ANNEXING 19.4± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 3176 W. INDIAN RIVER BOULEVARD, 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. Glenn D. Storch, applicant for Dale L. Williams, has applied for annexation of property located at 3176 W. Indian River Boulevard, within Volusia County, Florida. Subject property contains approximately 19.4±acres. 2. The 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. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: 1 dough passages are deleted. Underlined passages are added. #2016-0-29 Instriient# 2016-140460 It 2 Book : 7284 Page : 146.5 PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER, 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 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. 2 Strikegh passages are deleted. Underlined passages are added. #2016-0-29 Instrt®ent# 2016-140460 1 3 Book : 7284 Page : 1466 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 Councilman Conroy with Second by Councilwoman Power, the vote on first reading of this Ordinance held on May 2,2016 was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Gigi Bennington ABSENT Councilman Dan Blazi X Councilman Gary T. Conroy X 3 Strike-thFeugh-passages are deleted. Underlined passages are added. #2016-0-29 Inst rument# 2016-140460 # 4 Book : 7284 Page : 1467 After Motion to approve by .if'sr-le Ziae,ZA with Second by +e;;,- J , the vote on second reading/public hearing of this Ordinance held on kJurJ Ic , 2016 was as follows: AYE NAY Mayor Mike Ignasiak N., Councilwoman Christine Power N•' Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary T. Conroy N` PASSED AND DULY ADOPTED this kg/4.\ day of L1t_tL j , 2016. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA ` /C,cW-- Robin•Matusick Mike Ignasiak City Cler 'airalegal Mayor 1=or tfie ow and:rdiance only by the City of Approved by the City Council of the City of ;Edgewater-Florida.Approved as to form and Edgewater at a meeting held on this l� day legality by.:..A rt ii`R. Wolfe, Esquire of 2016 under Agenda rY Attorney Item No. 8 d . ` Doran,Sims,Wolfe&Ciocchetti 4 Strike are deleted. Underlined passages are added. #2016-0-29 Instrument# 2016-140460 # 5 Book : 7284 Pace : 1468 EXHIBIT"A" LEGAL DESCRIPTION Lots 2 and 3,MODEL LAND COMPANY SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 5, page 187, Public Records of Volusia County, Florida. LESS AND EXCEPT that portion deeded to the State of Florida for the right of way of State Road 442 in Official Records Book 1082, page 577, Public Records of Volusia County, Florida, more particularly described as follows: That portion of Lots 2 and 3 lying Southerly and within 50 feet of the survey line of Edgewater Road, Section 79509, said survey line being described as follows: Begin at a point on the Westerly boundary of above SAMUEL BETTS GRANT (Section 38), located 1245.62 feet Northerly of the Southwest comer of said Grant and run North 68° 22' 10" East, 1127.80 feet to Station 53+00; thence continue North 68° 22' 10" East 627.00-feet to a point on the Northerly extension of the Westerly boundary of Lot 6 of MODEL LAND COMPANY, according to the map or plat thereof as- recorded in Plat Book 5, page 187, Public Records of Volusia County, Florida,located 26.32 feet Northerly of the Northwesterly comer of said Lot 6. AND LESS AND EXCEPT that part deeded to the State of Florida for State Road 442 in Official Records Book 4686,page 4547, Public Records of Volusia County, Florida described as follows: Commence at the Southeast comer of Section 5, Township 18 South, Range 34 East, Volusia County, Florida;thence North 21° 27'30" W,along the East line of said Section 5, also being the West line of Samuel Betts Grant, Section 38, Township 18 South, Range 34 East, Volusia County, Florida 120.025 meters (393.78 feet) to a point on the existing Southerly right of way line of State Road 442, as shown on the Florida Department of Transportation Right of Way Map, Section 79210-2505; thence North 68° 22' 25" East, along said existing Southerly right of way line, 106.689 meters (350.03 feet) to the West line of Lot 2, MODEL LAND COMPANY SUBDIVISION, as recorded in Map Book 5, page 187, Public Records of Volusia County, Florida for the Point of Beginning; thence continue North 68° 22' 25" East, along said existing Southerly right of way line, 213.369 meters (700.03 feet)to the East line of Lot 3, said MODEL LAND COMPANY SUBDIVISION; thence departing said right of way line, South 21° 26' 16" East, 11.278 meters (37.00 feet); thence South 68° 22'25"West parallel with the existing right of way line,213.367 meters(700.02 feet)to a point on said West line of Lot 2;thence North 21° 27' 06" West,along said West line, 11.278 meters(37.00 feet)to the Point of Beginning. This legal description includes any/all adjoining right-of-way relating to the subject property. 5 Strike threespassages are deleted. Underlined passages are added. #2016-0-29 Instrument# 2016-140460 # 6 Book : 7284 Page : 1469 Diane M. Matousek Volusia County, Clerk of Court EXHIBIT "B" Ifs it* (It \ \ 'fok IP 0 ��>0, tI1 11 tps .,\____ \ \ ,-='� \ \ \ \\..„...._ A ,, ___:, _ % 7,-- \ .... \` V'. 'r1 ,. EELS CRONE RD 6 Strike through passages are deleted. Underlined passages are added. #2016-0-29 C z 71 m • 0 OD CI) In '� in ��� = D onimmoi C m �� -3 Co 71 w6.—.... . I O 0 w �� ,•� b7 •n1 � vCO Cf ;i-1 o=. Z O`er C 0 [i__ __ ' w 3 -.tM . Ua co a c 0) N_ e 1)C13T CD �N y -. V) O Z m y • p go,T, — m o m = a , ■ � mf ' § _ 22 0Ao � 2[) ) /) 2 } << s »z \;$ ` \ E ;.0` 5\%2 E. C O O ❑O Z*\\E{kj// \ 2 ) )ƒo))\ƒJ 0 ( E$ DOD c o ) o \ h ' # o -2 q / ig t \ § ( )a 7 ! ! -. Cl, t« } / \ = b Tr { § ; -2 Ek &ee■§tit 3®_C w i 2 n \cc22cc��{ a * •§ k� ) 0)0) Z \ x m d cS11n8a ® soo❑❑go - 7 V ` • rR & I . -- yo. m ( §Z. . = n _m o § § e —- $ q \ j 0 2 'kk — © kq \ %■ U q_ CI / ® § . k _ G o ( I 22 $g .3 0 � _ � � $ 2Q t c m _ G u 01_ 221 . J ■ � = 7 is. 2� f § 0 � q 2c3 / \ 110 @ .2 . Cr , / 0 L. f I R % §o G E k >,.8 /\ / / > –, a1 $ N / c of , o & § 8 z OQ < 8 u_ $ ■ ■ • w & - E § ao j��+'� g',C vc o W �K? -3o m 2,Et,gyn =a .�.+'< ^ $E ?a my g-,a.2.= 5gam5 m5 �z 'ePs � �� . e, 3 a 3' 'm4'"-•E'n3o R.R,-pa 7 ?7,ar! as ... a- 0 0 .1 - m- 3., w; F,-= R£ w'30 to9i=c m go. �� 23 �m g• ag4 g ogs iv !m _U— °e�3% Hg c m'3n. $`-m3m.'p(s =v P,P.' F na .=�-.,.`g ; o am z C tD 2 A N Y Egg-TJ 9 E V1 @ a g- m y iug • ait 6 9 ni O 0 s co O CN 1 ' ' ' /4. v� H m �' m 3Rn'3 m6�m ma n a�m og''m•0 • d.m _n cg m3_V.v..� oa mom Q, .2,4Z,-,-1:-`407.E.°. m g^. �-§ mow y= m a= R m m »Rap� 3 O m »:mc3= -' 3,�am;s Q_y yyK mmo Nyc5- 05'..-,:„8c7.=8a Y6� 5 ..rR.m CO2 - $ nggF,n9c3?m'm ,,,g3 §225_ none, 3 Cr P .: v,15 mo-o.mm 3 2- 2m=t m ` mm moo' m s. g m 71 tOi•a w°J m m m 42'5 ;,-2.i,-,42._ 3 m m.rn M v`�a. 0R.aw a.ga� �g 3y vm"�g m o2. ^md mgaf i cg-g'.o 3 m °' m .o..nm a as ' 0 C O U 2 ;[ C <<\, Em i' (r CN Cl m J 429:-.5 aj- U J yam ��( M r 2r" y �3. --, (/) 0 ,..,z 8 6 M z, c3 LL ;r $ s i I v sy N r-a. O 1 U g °6 n•n¢ g W Q a � � 1 • ms � Iml g N W E z c c ,l in m a _ ti m O • (-) `21 0 ..., G e u;o wl� ;0 a h2.ST ETE2 S000 0.1190 STOL Volusia County FLORIDA County Manager JASON P.DAVIS Jul 26, 2016 COUNTY CHAIR y PAT PATTERSON VICE-CHAIR Robin L. Matusick DISTRICT 1 City Clerk/Paralegal JOYCE M.CUSACK City of Edgewater AT-LARGE P.O. Box 100 JOSHUA J. DISTRICT2WAGNER Edgewater, FL 32132-0100 DEBORAH DENYS DISTRICT 3 Dear Mrs. Matusick.: DOUG DANIELS DISTRICT4 This will acknowledge receipt of your letters dated July 19, 2016 FRED LOWRY including the enclosed copies of Ordinances 2016-0-16 and 2016-0-29, DISTRICT 5 annexing properties into the City of Edgewater. JAMES T.DINNEEN COUNTY MANAGER I have forwarded the copies you made available to the appropriate d-•artments for eir information. 011I . . ►es . Dinneen Co my anager JTD/m. Copy by e-mail: John Angiulli Sandy Hulvey Tom Brooks Ben Johnson Jan Cornelius Lisa Lewis Jeff Eggleston Susan Jackson Joette Enfinger Terry Sanders Morgan Gilreath Jeff Smith Kendra Hively Michael Rodriguez Karen Glaesel Tammy Proulx Terry Boczkus Yolanda Somers 123 West Indiana Avenue, Room 301 • DeLand, FL 32720-4612 Tel: 386-736-5920 • FAX: 386-943-7020 www.volusia.org t .,t d " rP,. qii, FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State July 27, 2016 Ms. Robin L. Matusick City Clerk/Paralegal City of Edgewater Post Office Box 100 Edgewater, Florida 32132-0100 Dear Ms. Matusick: This will acknowledge receipt of your letters dated July 19, 2016 and copies of Ordinance No. 2016-0-16, and 2016-0-29, annexing property into the City of Edgewater, which was filed in this office on July 27, 2016. Ms. Liz Cloud has retired, please send ordinances to my attention at: Florida Department of State Administrative Code & Register 500 South Bronough Street Tallahassee, Florida 32399-0250 Sincerely, 1_,_,,r/Y-6;'(---"L. ---' Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us