2016-O-04 06/20/2016 10:35 AM
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ORDINANCE NO. 2016-0-04
AN ORDINANCE ANNEXING .34± ACRES OF CERTALN REAL
PROPERTY LOCATED AT 125 FLAMINGO 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. Arthur J. Mowery, owner, has applied for annexation of property located at 125
Flamingo Road, within Volusia County, Florida. Subject property contains approximately .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:
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PART A. ANNEXATION OF CERTALN 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.
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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 Blazi, with Second by Councilwoman
Bennington, the vote on the first reading of this ordinance held on March 7, 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 Go rcri c, (A/�.�-�.4.�_ r.��—� with
Second by CION nr i A J c rn cum 8e?-e7,7)/11; the vote on the second
reading/public hearing of this ordinance held on June 6, 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 6th day of June, 2016.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
By:
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 6th day of
legality by: Aaron R. Wolfe, Esquire June,2016 under Agenda Item No. 8 Q. .
City Attorney
Doran, Sims,Wolfe& Ciocchetti
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EXHIBIT "A"
LEGAL DESCRIPTION
Lots 219 and 220, WATERWAY PARK SEC. NO. 3, according to the plat thereof, recorded in
Map Book 19, page 279 of the Public Records of Volusia County, Florida.
This legal description includes any/all adjoining right-of-way relating to the subject property.
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Diane M. Matousek
Volusia County, Clerk of Court
EXHIBIT "B"
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