2016-O-4501/17/2017 11:46 AM
Irstnwd# 2017-0093M # 1
Book: 7349
Page: 3085
C ORDINANCE NO.2016-0-45
AN ORDINANCE ANNEXING 3.45t ACRES OF CERTAIN REAL
PROPERTY LOCATED AT ALONG ACEE DRIVE (7431-00-00-0151),
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, SEVERABH.ITY 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:
Ed and Donna Ruby, on behalf of Francis M. Bianchi, owners, have applied for
Cannexation of property located along Acee Drive (7431-00-00-0151), within Volusia County,
Florida. Subject property contains approximately 3.451 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 1 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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Instrimentt 2017-009300 8 2
Book: 7349
Page: 3086
C PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGE WATER, 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,
Cor circumstances, such holding shall not affect its applicability to any other person, property, or
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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 Vogt, the
vote on the first reading of this ordinance held on December 5, 2016, was as follows:
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary T. Conroy
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AYE
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NAY
Instrl,entt 2017-009300 A 4
Book: 7349
Page: 3088
N
After Motion to approve by rv� , / i tvr�r.. �y �'>m with
Second by L[.4.?7n. lr�-.o.. d�ln�i, the vote on the second
reading/public hearing of this ordinance held on January 9, 2017 was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power
�.
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this Q -A� day of 41co N a V 12017.
ATTEST:
" L'�xiTYJi'111� 1r.�
Robin Matusick
City Clerk/Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Aaron R. Wolfe, Esquire
City Attorney
Doran, Sims, Wolfe & Ciocchetti
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CITY COUNCIL OF THE
CITY OF EDG`E/�
WATER, FLORIDA`,'(/
Dy&-U
Mike Ignasiak
Mayor
Approved by the City Council of the City of
Edgewater at a meeting held on thisg{li day
of 2017 under Agenda
Ite No.8g,_.
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EXHIBIT "A"
LEGAL DESCRH'TION
PARCEL 10B -The Southerly one-half Q 12) of Parcel 10 being described as follows: Property in
U. S. Lot 2, Section 31 , Township 17 South, Range 34 East being described as follows: Commence
at the Southwest comer of Lot 50, SPANISH MISSION HEIGHTS UNIT 3, as recorded in Map
Book 19, page 197 of the Public Records of Volusia County, Florida; thence run S 210 E a distance
of 50.00 feet, thence S 250 20' 17" E a distance of 886.46 feet for the POINT OF BEGINNING;
thence N 690 00' 00" E a distance of 497 .03 feet; thence S 130 17' 07" E a distance of 323.48 feet
thence S 69' 00' 00" W a distance of 428.24 feet; thence N 250 20' 17" W a distance of 326.44 feet to
the POINTOF BEGINNING.
Containing 3.45 acres more or less.
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Laura E. Roth
Volusia Coady, Clerk of Court
EXHIBIT `B"
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GI;-1)'‘,I 1l�
FLORIDA DEPARTMENT Of STATE
,
RICK SCOTT KEN DETZNER
Governor Secretary of State
January 25, 2017
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 letter dated January 10, 2017 and copy of Ordinance No. 2016-0-45,
annexing property into the City of Edgewater, which was filed in this office on January 19, 2017.
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, 0/../iest......"LeL
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