2016-O-42 09/29/2016 09:12 AM
Instrument# 2016-180417 it 1
• Book : 7308
Page : 1 180
ORDINANCE NO. 2016-0-42
AN ORDINANCE ANNEXING 734± ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 190 GODFREY ROAD, 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. Rajesh Ailani, owner, has applied for annexation of property located at 190
Godfrey Road, within Volusia County, Florida. Subject property contains approximately 7.34±
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 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:
Sight passages are deleted.
Underlined passages are added.
#2016-0-42 1
Instrument# 2016-180417 # 2
Book : 7308
Page : 1181
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.
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
S Ike-thfeeugh passages are deleted.
Underlined passages are added.
#2016-0-42 2
Instruaent# 2016-180417 # 3
Book : 7308
Page : 1182
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 Bennington, with Second by Councilwoman
Power, the vote on the first reading of this ordinance held on September 6, 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
Strike-tkhrough passages are deleted.
Underlined passages are added.
#2016-0-42 3
Instrument# 2016-180417 # 4
Book : 7308
Page : 1183
After Motion to approve by `-` — ')Cwith
Second by r).--e.44._‹.Y._)--i- r) I c Y t e ) , the vote on the second
reading/public hearing of this ordinance held on September 19, 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 1i 1q-frilday of Qaf` -n,,1`) , 2016.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
a _ • By: ,G _ .Lw4
Rojirt '[atusick ;, Mike lgnasia,
Com.:C l erkdearalegl , Mayor
t tf)
Q :
, r' i • y
For+9 •a(di.use..and.r�ht'ance only by the City of Approved by the City Council of the City of
EdgewF&ida. Approved as to form and Edgewater ata meeting held on this I r day
legality by: Aaron R. Wolfe, Esquire of ,D , 2016 under Agenda
City Attomey Item No. 8 Q. .
Doran, Sims,Wolfe&Ciocchetti
£tribe-thretgk passages are deleted.
Underlined passages are added.
#2016-0-42 4
Instrument# 2016-180417 # 5
Book : 7308
Page : 1184
EXHIBIT"A"
LEGAL DESCRIPTION
A parcel of submerged, semi-submerged and land lying East of the Government Meander Line of
the JANE MURRAY GRANT, Section 49, Township 16 South, Range 34 East, Volusia County,
Florida, described as follows: Commence at the Northwest corner of Section 49. Township 16
South, Range 34 East; thence Southerly along the Westerly line of said Section 49, 1731.34 feet
thence N 69"09'40" E, 2572.4 feet to the meander line of said Section 49 for the Point of
Beginning; thence continue N 69°09'40" E, 201.61 feet. thence S 20'50"20" E, 202.08 feet; N
69'09'40" E, 235.65 feet thence N 74"35' 14" E, 294.54 feet to the Weslarly line of the
Intracoastal Waterway; thence along said Weslarly line S 17'50'47" E, 488.30 feet; thence S
66'49"50" W, 238.30 feet; thence S 19°33'50" W, 138.40 feet; thence S 63°50"20" W, 184.60
feet. thence N 16°11'10" W 541 .00 feet; thence S 68°49'50" W, 106.00 feet; thence N 14°55'40"
W, 150.00 feet thence S 68°49'50" W. 33.87 feet. thence N 20°50'20" W, 92.65 feet; thence S
69°09'40" W. 100.00 feet to the said meander line of Section 49; thence along said meander line
N 14°55'40" W, 60.32 feel to the Point of Beginning.
Subject to easements described as follows:
WATER LINE EASEMENT: Being a parcel of land lying Easterly of the Government Meander
Line of the Jane Murray Grant Section 49, Township 18 South, Range 34 East, Volusia County,
Florida and described as follows: Commence at the Northwest corner of Section 49, Township
18 South, Range 34 East; thence Southerly along the west line of said Section 49, a distance of
1731.34 feet; thence N 69'09"40" E a distance of 2572.4 feet to a concrete monument on the
meander line of said Section 49, thence S 14'55'40" E along said Government Meander Line, a
distance of 13.79feet for the Point of Beginning; thence N 70'21"55" E, a distance of
125.35feetlo the PC of a curve; thence Easterly along a curve concave to the South, said curve
having a central angle of 51 '34'38", a radius of 203.58 feet an arc distance of 183.26 feet; thence
S 31°'56'33" W, a distance of 10.00 feet; thence Westerly along a curve concave to the South,
said curve having a central angle of 51°34'38", a radius of 193.58 feet, an arc distance of 174.26
feet thence S 70°21 '55", a distance of 326.81 feet to the Government Meander Line; thence N
14°55'40"W along said Meander Line, a distance of 10.03 feet to the Point of beginning.
AND
A parcel of land lying East of the Government Meander Line of the Jane Murray Grant, Section
49, Township 18 South, Range 34 East, Volusia County. Florida; described as follows:
Commence at the Northwest corner of Section 49 Township 18, Range 34 East; thence Southerly
along the west line of said Section 49, 1731.34 feet; thence N 69°09'40" E. 2572.40 feet to the
meander line of said Section 49 and for the Point of Beginning; thence continue N 69°09'40" E,
201 .61 feet; thence S 20°50'20" E, 60.00 feet; thence S 69°09'40" W, 207.82 feet to the said
meander line of Section 49; thence along said meander line N 14°55'40" W, 60.32 feet to the
Point of Beginning
Containing.7.34 acres more or less.
This legal description includes any/all adjoining right-of-way relating to the subject property.
gthke41ffetigh passages are deleted.
Underlined passages are added.
#2016-0-42 5
Instrument# 2016-180417 # 6
Book : 7308
. Page : 1185
• Diane H. Ilatousek
Volusia County, Clerk of Court
EXHIBIT "B"
`. /� J
\ /�
000.
. 0)..._,-" ---' ,
vr A.
)... ....,,_`
\ \_,_,_,__; ;,,,,
\ .1i
__ __.\\ --\
,,
, __
. , _.__._
, , _ ___
,,,,,,,,,, -4. \
11111111 .
�s*o
osoEa subiect',Poorly
M ..a .---
Stpike-thfeugh passages are deleted.
Underlined passages are added.
#2016-0-42 6
E13 G EY ATER
it
August 29, 2016
Mr.Jason Davis,Chair
Volusia County Council Certified/Return Receipt
123 W.Indiana Avenue #7015 0640 0005 2313 1611
DeLand,FL 32720
Re: Annexation Ordinance#2016-0-42
Dear Chairman Davis:
Please be advised that the City Council will be holding the public hearing on September 16, 2016
regarding Ordinance #2016-0-42 which annexes 7.34± acres of real property (190 Godfrey Road) into
the City of Edgewater. A copy of the notice that will be published in the Daytona Beach News Journal is
attached for your records.
Do not hesitate to call if you have any questions regarding this matter.
Sincerely,
Raffia Z. tatu4ie4¢
•
Robin L.Matusick
City Clerk/Paralegal —
rmatusick@cityofedgewater.org U.S. Postal Servicer"'
CERTIFIED MAIL° RECEIPT
/rim a Domestic Mail Only
...0 For delivery information.visit our viebsitc ci r,a:v usps.com .
Enclosure OFFIC c. :
Certified Mail Fee
Ill m s
rU Extra Services&Fees(check box,ad•fee
Return Receipt(hardcopy) '" Z 9 2 k)6
Lf7 ❑Return Receipt(electronic) Postnta.k
rzi ['Certified Mail Restricted Delivery t'IBrq
C ❑Adult Signature Required /
C ❑Adult Signalize Restricted Darmery$•
ci $Postage
Posen)
...0 Total Postage and Fees 1� n N
ro0 • an t 4
"foiP -xtVo.
.cab-1_' 11.Ltiz.,
Ste: LP+4 _,-
Oro.IP
PS Form 3800,April 2011,PSN 7530-C2-000x9047 See Reverse for Instructions
Office of the City Clerk/Paralegal
P.O.Box 100•Edgewater,FL 32132-0100
(386)424-2400,Ext. 1101 •Fax(386)424-2410
wwtr%cit vofedgewater.org
an-2016-00
(Annexation-CorunrhorieeLetter-i 90Godfirr.Rd-2016-0-42)
t.
(\,,
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
September 28, 2016
Ms. Robin L. Matusick
City Clerk/Paralegal
City of Edgewater
Post Office Box 100
Edgewater, Florida 32132-0100
1 Dear Ms. Matusick:
This will acknowledge receipt of your letter dated September 20, 2016 and copy of Ordinance No. 2016-0-
42, annexing property into the City of Edgewater, which was filed in this office on September 28, 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,
iC---7—)e_S—
Ernest L. Reddick
Program Administrator
ELRIIb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us