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2016-O-4701/17/2017 11:46 AM Instrument$ 2017-009299 $ 1 Book: 7349 Page: 3079 C ORDINANCE NO.2016-0-47 AN ORDINANCE ANNEXING 8.6f ACRES OF CERTAIN REAL PROPERTY LOCATED AT PEARL LAKE TRAIL (PID 7336-01-00-0163); 2460 TAYLOR ROAD (PID 7336-01-00-0170); 2450 TAYLOR ROAD (PID 7336-01-00-0170) AND TAYLOR ROAD (PID 7336-01-00-0180), 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: C1. Amberly Pearson, on behalf of Jay Preston; Sean Preston; Jason Preston and Daniel and Amberly Pearson, owners, has applied for annexation of property located at Pearl Lake Trail (PID 7336-01-00-0163); 2460 Taylor Road (PID 7336-01-00-0170); 2450 Taylor Road (PID 7336-01-00-0170) and Taylor Road (PID 7336-01-00-0180), within Volusia County, Florida. Subject property contains approximately 8.6f 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 2 of the City of Edgewater are hereby designated to include the property described herein. C NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, SWieihreugk passages are deleted. Underlined passages are added. #2016-047 1 Instrtientf 2017-009M t 2 Book: 7349 Page: 3080 CFlorida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGE WATER, FLORIDA. 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 Cthis ordinance or any provisions thereof shall be held to be inapplicable to any person, property, 844M daeugh passages are deleted. Underlined passages are added. #2016-047 2 Imtnmmtr 2017-000299 0 3 Book: 7349 Page: 3081 Cor 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 Councilwoman Power, with Second by Councilman Blazi, the vote on the first reading of this ordinance held on December 5, 2016, was as follows: AYE NAY C Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Amy Vogt X Councilman Dan Blazi X Councilman Gary T. Conroy X C StAlwihreugN passages are deleted. Underlined passages are added. H2016-0-47 3 Instnmmt# 2017-009299 t 4 Book: 7349 Page: 3082 C C After Motion to approve by with 11. r�r.�ot Second by �11�r�e� /r�-.� U'n7L the vote on the second reading/public hearing of this ordinance held on January 9, 2017 was as follows: AYE NAY Mayor Mike Ignasiak V Councilwoman Christine Power Councilwoman Amy Vogt Councilman Dan Blazi Councilman Gary T. Conroy PASSED AND DULY ADOPTED this ql'4� day of 2017. ATTEST: 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 C ugh passages are deleted. Underlined passages are added. #2016-0-47 4 CITY COUNCIL OF THE CITY OFEDGEWAT , FLORIDA By& Mike Ignasidk Mayor Approved by the City Council of the City of Edgewater at a meeting held on this 9 day of 2017 under Agenda Item No. 8._C`. Instrusenti 2017-009299 11 5 Book: 7349 Page: 3083 C EXHIBIT "A" LEGAL DESCRIPTION Parcel 733601-00-0163 Description (Per OR Book 6941, Pg. 1818) A Portion Of Lot 11 And A Portion Of Lot 16 Lying Wester Ly Of The Florida East Coast Railway, Plat Of The Assessor's Subdivision Of The Chilton Homestead As Per Map Recorded In Map Book 3 Page 54 Of The Public Records Of Volusia County Florida, Being More Particularly Described as follows: As A Point of Reference, Commence At The Northwest Comer Of U.S. Government Lot 1; Thence Run S 88"10'46" W, Along The South Line Of Said Lot 11, A Distance Of 247.31 Feet To A Point On The West Line Of Said Lot 1 l; Thence Run N 02"06'52"W, Along The West Line Of Said Lot I I A Distance Of 145.47 Feet To The Point Of Beginning; Thence Continue N 02"06'52" W, Along The West Line Of Said Lot 11 , A Distance Of 154.49 Feet; Thence Run N 79"38'03" E, A Distance Of 740.53 Feet; Thence Run N 00"20'30" E, A Distance Of 23.20 Feet To A Point On The South Line Of Lot 12 Of Said Chilton Homestead; Thence Run N 88"49'01" E, Along The South Line Of Said Lot 12 And Along The South Line Of Lot 15 Of Said Chilton Homestead, A Distance Of 779.96 Feet; Thence Run S I.T 33'22" W, A Distance Of 8037 Feet; Thence Run S 80" 26'15" W, A Distance Of 1501.98 Feet To A Point On The West Line Of Lot 1 1 And The Point Of Beginning. Said Parcel Contains 5.00 Acres More Or Less. C Parcels 7336-01-00-0170; 7336-01-00-0171; and 7336-01-00-0180 DESCRIPTION (PER ORB 5824, PG 716) A Portion Of Lots 17 And 18, Lying South Of Taylor Road, A Portion Of Lot 11, Plat Of The Assessor's Subdivision Of The Chilton Homestead As Per Map Recorded In Map Book 3 Page 54 Of The Public Records Of Volusia County Florida, And A Portion Of Us Lot 1, Section 5, Township 18 South Range 34 East Lying West Of The Florida East Coast Railway And A Portion Of The Samuel Betts Grant In Township 18 South Range 34 East Volusia County, Florida Lying Westerly Of The Florida East Coast Railway and Being More Particularly Described As Follows: Commence at the southwest comer of said lot 11; thence N.00020'30" E, a distance of 300.00 feet to the POINT OF BEGINNING; thence continue northerly along said -line, a distance of 76.42 feet; thence N.88010'46" E., a distance of 121.29 feet; thence N.02021'40" W, a distance of 200.52 feet; to a point on Taylor Road; thence N. 77013' 46" E, a distance of 349.21 feet to the northwest comer of lot IS, to the point of curve a non tangent curve to the left, of which the radius point lies N.14006'29" W., a radial distance of 490.40 feet; thence northeasterly along the are, through a central angle of 20017'54", a distance of 173. 7 4 feet, the northeast comer of lot 18; thence S.01016'37" E, a distance of 204.69 feet, to the southeast corner of lot 18 also the west line of lot 11; thence N.88049'01 "E, a distance of 100.04 feet; thence S.00020'30" W., a distance of 93.24 feet; thence S. 79028' 13" W., a distance of 727.84 feet to the POINT OF BEGINNING. SAID PARCEL CONTAINS 3.58 ACRES MORE OR LESS. This legal description includes any/all adjoining righ"f--way relating to the subject property. Strike-threaglr passages are deleted. Underlined passages are added. #2016-0-47 C C m EXHIBIT °B" 84i'aa &Bugh passages are deleted. Underlined passages are added. #2016-0-47 6 Instruentlr 2017-009299 16 Book: 7349 Page: 3084 Laura E. Roth yolusia Candy, Clerk of Court