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2016-O-25 06/20/2016 10:35 AM Instrumeent# 2016-111506 # 1 Page : 215 ORDINANCE NO. 2016-0-25 AN ORDINANCE ANNEXING .20± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 158 AZALEA 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. John A. Ingles, owner, has applied for annexation of property located at 158 Azalea Road, within Volusia County, Florida. Subject property contains approximately .20± 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 StrikeHugh passages are deleted. Underlined passages are added. #2016-0-25 I Instrument# 2016-111506 # 2 Book : 7267 nu c : 2 itt_r 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 2 Strikeugh passages are deleted. Underlined passages are added. #2016-0-25 Instrument# 2016-111506 # 3 Book : 7267 Page _ 21 7 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 the 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 Strike4hfaugh passages are deleted. Underlined passages are added. #2016-0-25 Instrtaent# 2016-111506 # 4 Book : 7267 • Page : 21 p After Motion to approve by (mol t.#1GL kiernce-7-1 vGr7c�� , with Second by (�L.c}1-)c-t bileo-,AO Se.."),i 1..pie the vote on the second readinglpublic hearing of this ordinance held on a/Lu1.R) Lp «1:314:::, was as follows: AYE NAY Mayor Mike Ignasiak V Councilwoman Christine Power t----- Councilwoman /Councilwoman Gigi Bennington 1- Councilman Dan Blazi V Councilman Gary T. Conroy PASSED AND DULY ADOPTED this ( day of 6/4(_f2eL) , 2016. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA 144( A1 L $y 'ti Mitch Honaker Mike Ignasia Deputy City Clerk Mayor For the use and reliance 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, day legality by: Aaron R. Wolfe, Esquire of ate& , 2016 under Agenda City Attorney Item 8 j . Doran,Sims, Wolfe&Ciocchetti 4 St- g i passages are deleted. Underlined passages are added. #2016-0-25 Instrument# 2016-111506 # 5 Book : 7267 Irl 'I CIage EXHIBIT"A" LEGAL DESCRIPTION LOT 163 AND THE WEST V2 OF VACATED DRAINAGE RIGHT OF WAY PER OFFICIAL RECORDS BOO 1895,PAGE 1348, WATERWAY PARK SEC.NO.3,ACCORIDNG TO THE PLAT THEREOF RECORDED IN MAP BOOK 19, PAGE 279, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. Containing .20 acres more or less. This legal description includes any/all adjoining right-of-way relating to the subject property. 5 Strip passages are deleted. Underlined passages are added. #2016-0-25 Instrument# 2016-111506 # 6 Book : 7267 Diane M. Matousek Volusia County, Clerk of Court EXHIBIT "B" a to 0 --------:----- ------c • \ coic'eS , `, , \ , Ili „ // y -------\-----\: V:-\<- 1011, \ 40 \ \ ----\-- I\ r --S--- \ \ r \ ---c- . . ,\ ` es. \ , .-itil * \, \\ --------. ----- --\ \ , ,„-- \ \ \ \ \ 6 St_c passages are deleted. Underlined passages are added. #2016-0-25