2016-O-35 08/11/2016 08:55 AM
Inst rtaient# 2016-147504 # 1
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Page : 1 756
ORDINANCE NO.2016-0-35
AN ORDINANCE ANNEXING 2.98± ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 104 S. CORY DRIVE AND THE VACANT
PARCEL TO THE SOUTH, 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. Dr. Michael Somai, applicant, has applied on behalf of Mina Ventures, LLC,
owner, for annexation of property located at 104 S. Cory Drive and the vacant parcel to the
south,within Volusia County, Florida. Subject property contains approximately 2.98±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 boundaries and within the Interlocal
Service Boundary Agreement mutually adopted by Volusia County and the City. 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:
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PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEWATER, FLORIDA.
I. 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.
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
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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 Blazi, with Second by Councilwoman
Bennington,the vote on the first reading of this ordinance held on July 18,2016,was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
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After Motion to approve by -EZ,.A6..4..,trw.r)^�f�12RJ?tn( with
Second by t cl 4 , the vote on the
second readinglpublic hearing of this ordinance held on (. ut I , 2016
was as follows:
AYE NAY
Mayor Mike Ignasiak �►
Councilwoman Christine Power
Councilwoman Gigi Bennington N
Councilman Dan Blazi
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this /,`J-2. day ofattse.tc1. 2016.
ATTEST: CITY COUNCIL OF THE
''
CITY OF EDGEWATER, FLORIDA
: a.
,/,1
i� est >r . y•
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bin Mat�sick Mike Ignasiak
,.�
`? �lerkt,Paralegal• Mayor
•
f F 1)A#ieuse and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Ed ewater at a meeting held on this bZit.. day
legality by: Aaron R. Wolfe,Esquire of 2016 under Agenda Item No.
City Attorney 8
Doran,Sims,Wolfe&Ciocchetti
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EXHIBIT"A"
LEGAL DESCRIPTION
104 S.Cory Drive
Parcels 133, 134, 135 and 136, CORY ESTATES AN UNRECORDED SUBDIVISION, as
recorded in Official Records Book 233, Page 29 of the Public Records of Volusia County,
Florida, being a portion of Lot 1, Bella Vista Unit#3, according to plat thereof recorded in Map
Book 9,Page 298, of the Public Records of Volusia County, Florida, and being more particularly
described as follows: Begin at the intersection of the Southerly line of said Lot 1 and the Easterly
right-of-way line of U.S. Highway#1, a 158 foot right-of-way as now laid out; thence North 16
degrees 19' 00" West, a distance of 149.90 feet to the Southerly line of South Cory Drive, a 50
foot right-of-way as now laid out; thence North 68 degrees 41' 00" East along said Southerly
line, a distance of 275.00 feet; thence South 16 degrees 19'00" East, a distance of 149.90 feet to
the said Southerly line of Lot 1,Bella Vista Unit#3; thence South 68 degrees 41'00" West along
said Southerly line,a distance of 275 feet to the Point of Beginning.
Vacant parcel to the south
The West 425 feet of Lot 1, and all of Lots 2. 3, 4, 5, 6 and 7, together with the West 150 feet of
a vacated alley located North of Lots 6 and 7, all being located in Indian Harbor Estates Unit No.
5, according to the map or plat thereofas recorded in Map Book 26, Page 18, of the Public
Records of Volusia County, Florida.
Containing 2.98 acres more or less.
This legal description includes any/all adjoining right-of-wain relating to the subject property.
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Diane M. Matousek
Volusia County, Clerk of Court
EXHIBIT "B"
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