2017-O-06 - Hacienda Annexation 05/09/2017 08:50 AM
• Instrument# 2017-091372 # 1
Book : 7395
Page : 2877
ORDINANCE NO. 2017-0-06
AN ORDINANCE ANNEXING 156.9± ACRES OF CERTAIN REAL
PROPERTY LOCATED EAST OF SOUTH RIDGEWOOD AVENUE AT
RIO GRANDE (HACIENDA DEL RIO) (PARCEL IDENTIFICATION
NUMBER 8538-01-00-0013), VOLUSIA COUNTY, INTO THE CITY OF
EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION,
OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE
MUNICIPALITY AND TERMS OF THE ANNEXATION AGREEMENT;
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. Glenn Storch.. applicant for Hacienda Del Rio, LLC.., has applied for annexation
of property located at east of South Ridgewood Avenue at Rio Grande (Hacienda Del Rio),
within Volusia County, Florida. Subject property contains approximately 156.9±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 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.
5. During the Planning and Zoning Board meeting on February 22, 2017, the Board
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recommended that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
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 and to the terms of that certain Annexation Agreement which is attached hereto and
incorporated herein as Exhibit"C".
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.
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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
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 March 6, 2017, was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
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After Motion to approve by r ;-1 � with
Second by �-r-'Y�Cr_� � , the vote on
the second reading/public hearing of this ordinance held on r1Th4.-4/ / 2017
was as follows:
AYE NAY
Mayor Mike Ignasiak N,•
Councilwoman Christine Power N
Councilwoman Amy Vogt
Councilman Dan Blazi \.
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this )rrr- day of �. ( , 2017.
ATTEST: CITY COUNCIL OF THE
01/4. v� c`r,' CITY OF EDGEWATER,FLORIDA
t1 i 4
Bv: NA.r.A1
Ribin Vick c- g Mike I nasiak
Citi Clerk/ ^,sayalegal: Mayor
For the use ard`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 1, day
legality by: Aaron R. Wolfe, Esquire of , 2017 under Agenda Item No.
City Attorney 8 CEJ
Doran. Sims. Wolfe& Ciocchetti
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EXHIBIT "A'
LEGAL DESCRIPTION
A PORTION OF THE JANE MURRAY GRANT AND C.E. MCHARDY GRANT. SECTION 49,
TOWNSHIP 18 SOUTH, RANGE 34 EAST: A PORTION OF LOTS 1. 4. 22 AND 24, ASSESSOR'S
SUBDIVISION OF THE C. E. MCHARDY GRANT. AS PER MAP THEREOF RECORDED IN MAP
BOOK 3. PAGE 152 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA: AND A
PORTION OF U.S. LOTS 3 AND 4, SECTION 13. TOWNSHIP 18 SOUTH. RANGE 34 EAST; ALL
BEING DESCRIBED AS FOLLOWS: AS A POINT OF REFERENCE, COMMENCE AT THE
INTERSECTION OF THE WESTERLY LINE OF THE JANE MURRAY GRANT AND C. E.
MCHARDY GRANT, SECTION 49. TOWNSHIP 18 SOUTH: RANGE 34 EAST AND THE SOUTH
LINE OF THE NORTH 52.465 CHAINS OF THE JANE MURRAY GRANT. SECTIONS 48 AND 49,
TOWNSHIP 18 SOUTH; RANGE 34 EAST. SAID POINT BEING MARKED BY A 1" IRON PIPE:
THENCE N 68' 58' 50" E. ALONG THE SOUTH LINE OF SAID NORTH 52.465 CHAINS, A
DISTANCE OF 136.56 FEET FOR THE POINT OF BEGINNING: THENCE CONTINUE N 68' 58'
50" E. ALONG SAID SOUTH LINE OF THE NORTH 52.465 CHAINS. A DISTANCE OF 2611.28
FEET TO THE WESTERLY BANK OF THE INDIAN RIVER NORTH AND THE APPARENT
SHORELINE THENCE SOUTHEASTERLY. SOUTHERLY AND SOUTHWESTERLY ALONG SAID
SHORELINE THE FOLLOWING COURSES AND DISTANCES, THENCE S 64' 52' 36" E. A
DISTANCE OF 34.57 FEET; THENCE N 86' 27' 54" E. A DISTANCE OF 28.74 FEET: THENCE S
69' 58' 22" E. A DISTANCE OF 44 83 FEET: THENCE N 72' 45' 44" E. A DISTANCE OF 22.69
FEET: THENCE S 48' 51 ' 48" E. A DISTANCE OF 88.01 FEET: THENCE S 38' 50 55" E. A
DISTANCE OF 66.08 FEET: THENCE S 06' 21' 50" E, A DISTANCE OF 75.04 FEET; THENCE S
40 45 19" W. A DISTANCE OF 83.16 FEET. THENCE S 44° 32' 51" W, A DISTANCE OF 68.94
FEET; THENCE S 54' 53' 13" W. A DISTANCE OF 96.92 FEET: THENCE N 67° 38' 35" W. A
DISTANCE OF 30.10 FEET: THENCE S 89' 59' 55" W, A DISTANCE OF 69.60 FEET: THENCE S
54' 47' 00" W. A DISTANCE OF 48.05 FEET: THENCE S 12' 33' 36" E, A DISTANCE OF 79.52
FEET: THENCE S 18' 15' 27" E. A DISTANCE OF 62.64 FEET; THENCE S 18' 26' 42" E, A
DISTANCE OF 76.09 FEET; THENCE S 19' 45' 11 " E, A DISTANCE OF 114.26 FEET: THENCE S
68 22 22" E. A DISTANCE OF 67.02 FEET: THENCE N 89' 51 ' 57" E. A DISTANCE OF 72.39
FEET: THENCE S 83" 00 50" E. A DISTANCE OF 98.43 FEET: THENCE S 26' 39' 59" E. A
DISTANCE OF 64.81 FEET: THENCE S 41 ' 34' 52" E. A DISTANCE OF 132.31 FEET; THENCE S
16` 29' 16" E, A DISTANCE OF 73.16 FEET: THENCE S 04' 03' 36" W. A DISTANCE OF 47.43
FEET: THENCE S 19' 47' 20" E. A DISTANCE OF 84.41 FEET: THENCE S 36° 13' 07" E, A
DISTANCE OF 266.07 FEET: THENCE S 82' 45' 51 " E, A DISTANCE OF 89.41 FEET: THENCE S
13° 46' 58" E. A DISTANCE OF 130.85 FEET: THENCE S 33° 53' 40" W. A DISTANCE OF 66.18
FEET: THENCE S 42` 59' 53" W. A DISTANCE OF 98.15 FEET: THENCE S 00` 36' 58" E. A
DISTANCE OF 44.67 FEET; THENCE S 12 39' 51 " E. A DISTANCE OF 110.14 FEET: THENCE S
32` 49' 27" E. A DISTANCE OF 158 81 FEET: THENCE S 37° 33' 00" E, A DISTANCE OF 171.46
FEET THENCE S 06` 35' 06" W, A DISTANCE OF 31.77 FEET: THENCE S 78' 05' 36" E. A
DISTANCE OF 35.72 FEET: THENCE S 11 ' 18' 43" E. A DISTANCE OF 22.31 FEET: THENCE S
86° 11 ' 01 " E, A DISTANCE OF 25.39 FEET THENCE S 08' 26' 38" E. A DISTANCE OF 26.23
FEET: THENCE S 18° 55' 12" E A DISTANCE OF 31.30 FEET: THENCE S 24° 06' 49" W. A
DISTANCE OF 22.02 FEET: THENCE S 27' 34' 19" E. A DISTANCE OF 12.04 FEET: THENCE S
10' 29' 21" W. A DISTANCE OF 20.25 FEET: THENCE S 11 ' 06' 09" E. A DISTANCE OF 196.77
FEET: THENCE S 22° 34' 12" E. A DISTANCE OF 107.77 FEET: THENCE LEAVING SAID
SHORELINE. S 68° 40' 14" W. A DISTANCE OF 2527.98 FEET; THENCE N 22` 57' 19" W, A
DISTANCE OF 458.51 FEET; THENCE S 67° 02 ' 41" W. A DISTANCE OF 300.00 FEET TO THE
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EASTERLY RIGHT OF WAY OF U.S. HIGHWAY NO. 1; THENCE N 22° 57' 19" W. ALONG THE
EASTERLY RIGHT OF WAY OF U. S. HIGHWAY NO. 1. A DISTANCE OF 100.00 FEET: THENCE
N 67° 02' 41 " E. A DISTANCE OF 300.00 FEET; THENCE N 22° 57' 19" W. A DISTANCE OF
1371.79 FEET; THENCE S 67° 02' 41 W. A DISTANCE OF 300.00 FEET TO THE EASTERLY
RIGHT OF WAY OF U S. HIGHWAY NO. 1; THENCE N 22° 57' 19" W. ALONG THE EASTERLY
RIGHT OF WAY OF U. S. HIGHWAY NO. 1. A DISTANCE OF 100.00 FEET: THENCE N 67° 02'41
" E. A DISTANCE OF 300.00 FEET; THENCE N 22° 57' 19" W A DISTANCE OF 621 .86 FEET TO
THE POINT OF BEGINNING
Containing 156.9±acres more or less and being in Volusia County, Florida
This legal description includes any/all adjoining right-of-way relating to the subject property.
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EXHIBIT "B"
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EXHIBIT "C"
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THIS INSTRUMENT PREPARED BY:
CITY OF EDGEWATER
P.O.Box 100
Edgewater,FL 32132-0100
AFTER RECORDING RETURN TO:
Robin L.Matusick,City Clerk/Paralegal
LEGAL DEPARTMENT
CITY OF EDGEWATER
P.O.Box 100
Edgewater,FL 32132-0100
For Recording Purposes Only
HACIENDA DEL RIO ANNEXATION AGREEMENT
This agreement("Agreement")is made and entered into this 1/ day of
20 PT, by and among the CITY OF EDGEWATER, FLORIDA, a Municipal corporation,
located at 104 North Riverside Drive, Edgewater, Florida 32132, (hereinafter referred to as "City"), and
HACIENDA DEL RIO, LLC a Florida Limited Liability Company, whose address is 287 Club Rio
Drive, Edgewater, FL 32141 (herein after referred to as "Owner") (the City and Owner are sometimes
individually referred to as"Party,"or collectively referred to as the"Parties").
WHEREAS, the Owner owns fee title to certain properties more particularly described in
Exhibit"A"attached hereto and incorporated herein;and
WHEREAS, the property described in Exhibit "A" is referred to herein as the "Property"; and
WHEREAS,the Owner with sole decision making authority for the Ownership Entities,and
WHEREAS, the Owner represents to the City that the Owner has authority to enter into this
Agreement;and
WHEREAS,the City has encouraged the Owner to annex the Property into the City;and
WHEREAS, the City acknowledges the continuing permanent benefit which the City will
receive by virtue of annexing the Property and acquiring the right to provide municipal services to the
Property; and
WHEREAS, the City recognizes the economic benefit of the annexation as a public purpose
pursuant to section 166.021(8)(b)and(c),Fla.Stat..and
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WHEREAS, the City has determined that it is feasible to provide and extend to the Property
municipal services such as police protection, fire protection in accordance with the provisions of this
Agreement and the City Code:and
WHEREAS, solid waste garbage collection, sanitary sewage collection and treatment, potable
water,and storm drainage maintenance shall continue as provided prior to annexation; and
WHEREAS, the Owner petitioned for annexation of the Property in reliance on and in
consideration of, the offer of such municipal services by the City;and
WHEREAS, the terms and conditions set forth in this Agreement are consistent with and
further the goals, objectives and policies of the City's Comprehensive Plan and are consistent with the
City's Land Development Regulations; and
WHEREAS, section 171.062(2), Fla. Stat., provides that Volusia County's land use plan land
development regulations continue in full force and effect after the annexation and until the City amends its
comprehensive plan to include the Property;and
WHEREAS, the City is concurrently processing an Amendment to the Comprehensive Plan
Future Land Use Map to designate the Property to a designation that provides for comparable
entitlements consistent with the existing County Comprehensive Plan and County zoning for the
Property, which will also allow for the potential subdivision and sale of mobile home sites and
provide for internal convenience store, retail, and restaurant uses that complement the existing
development;and
WHEREAS, the Parties hereto acknowledge and warrant to each other that this Agreement,
including and future acts as required hereby, is binding and enforceable on the City and the Owner
in accordance with the Agreement terms.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
contained herein and for other good and valuable consideration,each to the other provided,the receipt and
sufficiency of which are hereby acknowledged,the parties agree as follows:
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1. RECITALS AND EXHIBITS
The above Recitals are true and correct, are incorporated herein by reference and form a material part
of this Agreement. All exhibits to this Agreement are incorporated herein by reference and form a material
part of this Agreement.
2. PERMITTED USES
The City acknowledges that the Property is currently located in the unincorporated Volusia County
and is presently zoned as MH-IW (Mobile Home Park) and operating as a Mobile Home Park with
sales display flags as permitted under County zoning. The City will amend the City's
Comprehensive Plan Future Land Use Map to designate the Property as Medium Density Residential,
with a total of 730 units.
Any future development within the Property shall be developed in compliance with all applicable
City ordinances, resolutions, and regulations and with any applicable federal or state laws, rules or
regulations in effect at the time of application for such development, unless otherwise provided
herein, provided that the future City zoning classification for the Property permits a community club
restaurant, the subdivision and sale of mobile home lots and an internal convenience store and retail
within the Mobile Home Park. The City agrees to waive any fee for the rezoning of the Property if said
request is received by the City within one (1) year of the execution date of this Agreement.
The City acknowledges that the Property, existing improvements and current uses that were legally
permitted by law are accepted by the City and that some may currently be considered as legally non-
conforming under existing City ordinances, resolutions, and regulations. Further the City agrees that all
future changes to such ordinances, resolutions and regulations, including but not limited to the proposed
amendment to the City's Comprehensive Plan Future Land Use Map or future City zoning classifications,
will not require such existing improvements and uses considered as legally non-conforming to be brought
into compliance. Such legally non-conforming properties shall be given the benefit to rebuild the
Property to the same configuration and uses, as permitted by law, in the event of damage.
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3. FEE WAIVERS
As an incentive to the Owner to annex the Property, the City agrees to waive all application and
review fees for the City's Comprehensive Plan Future Land Use Map amendment and the zoning
process. The City also agrees that's its General Fund will reimburse the City's stormwater fund any
differences in stormwater fees paid from said Property in order to eliminate any net increase in total
summation of Ad Valorem taxes and stormwater fees, i.e. as if property remained in the
unincorporated area. This reimbursement/waiver shall be for a period of 3-years.
4. CONSERVATION EASEMENT
Should the City acquire the property immediately adjacent to the southern boundary of the
Owner's property, the City shall create a "Tree Preservation/Conservation Easement" to buffer any
development that may occur of such property from the Owner's property. The Easement shall be
granted to the appropriate governmental agencies consistent with section 704.06, Florida Statutes.
The Easement shall be on the property to be acquired by the City and shall be a benefit to, and not a
burden on the Property.
5. SIGNA('iFF
The City recognizes that any signage located on the Property shall be deemed compliant and any
future expansion or replacement of such signs shall be in accordance with the requirements set forth in
the City's Land Development Code.
6. _ Jet 06.I . ►II ft O . 1 1 : 1 . t u .
To the extent there is a conflict between this Agreement and any existing City resolution,
regulation or ordinance as of the date of final execution of this Agreement, this Annexation Agreement
shall control. The failure of this Agreement to address a particular permit, condition, term or
restriction concerning the Property, however, shall not forgive the necessity of complying with the law
governing said permitting requirements, condition terms or restrictions. The City shall permit additional
landscaping and signage at the southerly most entrance of the Property as envisioned in the Ridgewood
Avenue Overlay Standards.
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7. APPEAL
If the Owner is aggrieved by any City official interpreting the terms of this Agreement, the
aggrieved party shall file a written appeal to the City Manager within fifteen (15) days of the adverse
decision. If the Owner is aggrieved by a decision of the City Manager, an appeal shall be made to the
City Council. The appeal shall be initiated within fifteen (15) days of the adverse decision by filing
of a written request with the City Manager for placement of the issue on the City Council agenda.
The appeals before either the City Manager or the City Council shall be de novo.
8. EFFECTIVE DATE: AGREEMENT RUNS V1'ITH THF LAND
In consideration of the mutual promises set forth in this Agreement, the parties acknowledge and
agree that this Agreement is binding on both Parties after final execution of this Agreement by both
Parties, and is thereafter irrevocable. Further, this Agreement and all other rights and obligations of the
Parties hereunder are intended to and shall run with the Property, and shall bind, and inure to the
benefit of the Parties hereunder and their respective successors in title after recording of this
Agreement. ANY FUTURE OWNERS OF THE PROPERTY SHALL TAKE TITLE TO THE
PROPERTY SUBJECT TO THIS AGREEMENT AND BY ACCEPTING A DEED OF
CONVEYANCE TO THE PROPERTY, AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT. Any sub parcels of the Property which are created by
subdivision or by any other means shall be subject to the terms and conditions of this Agreement,
subsequent sale and individual ownership notwithstanding.
9. RECORDING
Upon execution by all parties,the City shall record the Agreement with the Volusia County Clerk of
Court.The cost of recording shall be paid by the City.
10. APPLICABLE LAW
This Agreement and the provisions contained herein shall be construed, controlled. and interpreted
according to the laws of the State of Florida.
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11. TIME OF THE ESSENCE
Time is hereby declared of the essence to the lawful performance of the duties and obligations contained
in this Agreement.
12. AMENDMENT
This Agreement constitutes the entire agreement between the Parties, and supersedes all previous
discussions, understandings, and agreements, with respect to the subject matter of this Agreement.
Amendments to and waivers of the provisions of this Agreement shall be made by the Parties only in
writing by formal amendment which shall be reviewed and approved by the City Council without
prior review by the City's Planning and Zoning Board. Any amendment shall be recorded upon its
execution with the Volusia County Clerk of Court. The cost of recording shall be paid by the Party
initially requesting the amendment.
13. FURTHERDOCUMENTATION
The Parties agree that at any time following a request therefore by the other Party,each shall execute
and deliver to the other Party such further documents and instruments, in form and substance reasonably
necessary to confirm and/or effectuate the obligations of either party hereunder.
14. SPECIFIC PERFORMANCE
Either the City or the Owner shall have the right to enforce the terms and conditions of this Agreement
by an action for specific performance.
15. ATTORNEYS'FEES
In the event any Party finds it necessary to commence an action against any other Party or
Parties to enforce any provision of this Agreement or because of a breach by the another Party or
Parties of any term hereof, the prevailing Party shall be entitled to recover from the non- prevailing
Party or Parties the prevailing Party's reasonable attorney's fees. Attorney's fees, legal assistant's fees
and costs incurred in connection therewith, at administrative, trial and appellate levels, including
bankruptcy proceedings. shall be recoverable as well under this paragraph, regardless of whether or not
legal, equitable or administrative action is filed, or whether or not final order or judgment is entered.
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16. COUNTERPARTS
This Agreement may be executed in any number of counterparts,each of which shall be deemed to be
an original but all of which together shall constitute one and the same instrument.
17. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only, and the
words contained therein shall in no way be held to explain, amplify or aid in the interpretation,
construction, or meaning of the provisions of this Agreement.
18. SEVERABILITY
If any sentence, phrase. paragraph, provision, or portion of this Agreement is for any reason held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision and such holding shall not affect the validity of the remaining
portion hereof.
IN WITNESS WHEREOF,the parties have caused this Agreement to be made and entered into
the date and year first written above. Approval of the City Council to enter into this Agreement occurred
on this /t day of � , 20 /7.
ATTEST: CITY COUNCIL OF THE
CITY OF EEDGEWATER,FLORIDA
BY: e)x, BY: 19/C4145-10
gRobin L. Matusick Michael I na
City Clerk/Paralegal 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 It -_day of
legality by: Aaron R. Wolfe, Esquire / ) 2017 under Agenda Item No.
City Attorney 8 c .
Q
Doran, Sims, Wolfe&Ciocchetti
(Signature Blocks Continue on Following Pages)
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Hacienda Del Rio,LLC(Owner)
BY: - - �-
STATE OF fcri CSR
COUNTY OF NOW%ia
The foregoing instrument was acknowledged before me this 11. day of 46 , 2017,
by. \\Ao,rk \\sc.\r,\ae q e c- as ow r c r- of
Hacienda Del Rio, LLC,who is personally known to me and who executed the foregoi r a
ob
`/. .• • 41r1"4•41..._
Tta Public
Stamp/Seal
dit" " LYDIA IeNNEDY
C MY COMMISSION#FF 95520.5
EXPIRES:February 23,2020
'•4,R::; fe Berried'lbw Notary Public Underwriters
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EXHIBIT"A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of Florida.
A PORTION OF THE JANE MURRAY GRANT AND C.E. MCHARDY GRANT. SECTION 49,
TOWNSHIP 18 SOUTH, RANGE 34 EAST; A PORTION OF LOTS 1, 4. 22 AND 24,
ASSESSOR'S SUBDIVISION OF THE C. E. MCHARDY GRANT, AS PER MAP THEREOF
RECORDED IN MAP BOOK 3. PAGE 152 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,
FLORIDA; AND A PORTION OF U.S. LOTS 3 AND 4, SECTION 13, TOWNSHIP 18 SOUTH,
RANGE 34 EAST; ALL BEING DESCRIBED AS FOLLOWS: AS A POINT OF REFERENCE,
COMMENCE AT THE INTERSECTION OF THE WESTERLY LINE OF THE JANE MURRAY
GRANT AND C. E. MCHARDY GRANT, SECTION 49, TOWNSHIP 18 SOUTH; RANGE 34 EAST
AND THE SOUTH LINE OF THE NORTH 52.465 CHAINS OF THE JANE MURRAY GRANT,
SECTIONS 48 AND 49, TOWNSHIP 18 SOUTH; RANGE 34 EAST, SAID POINT BEING
MARKED BY A 1" IRON PIPE: THENCE N 68° 58' 50" E, ALONG THE SOUTH LINE OF SAID
NORTH 52.465 CHAINS, A DISTANCE OF 136.56 FEET FOR THE POINT OF BEGINNING;
THENCE CONTINUE N 68° 58' 50" E, ALONG SAID SOUTH LINE OF THE NORTH 52.465
CHAINS, A DISTANCE OF 2611.28 FEET TO THE WESTERLY BANK OF THE INDIAN RIVER
NORTH AND THE APPARENT SHORELINE; THENCE SOUTHEASTERLY. SOUTHERLY AND
SOUTHWESTERLY ALONG SAID SHORELINE THE FOLLOWING COURSES AND DISTANCES,
THENCE S 64° 52' 36" E. A DISTANCE OF 34.57 FEET; THENCE N 86° 27' 54" E, A DISTANCE
OF 28.74 FEET; THENCE S 69° 58' 22" E. A DISTANCE OF 44.83 FEET: THENCE N 72° 45' 44" E.
A DISTANCE OF 22.69 FEET; THENCE S 48° 51 ' 48" E, A DISTANCE OF 88.01 FEET; THENCE
S 38° 50' 55" E, A DISTANCE OF 66.08 FEET: THENCE S 06° 21' 50" E, A DISTANCE OF
75.04 FEET; THENCE S 40' 45' 19" W, A DISTANCE OF 83.16 FEET; THENCE S 44° 32' 51" W,
A DISTANCE OF 68.94 FEET: THENCE S 54° 53' 13" W. A DISTANCE OF 96.92 FEET;
THENCE N 67° 38' 35" W, A DISTANCE OF 30.10 FEET; THENCE S 89° 59' 55" W. A DISTANCE
OF 69.60 FEET; THENCE S 54° 47' 00" W. A DISTANCE OF 48.05 FEET; THENCE S 12° 33' 36"
E. A DISTANCE OF 79.52 FEET; THENCE S 18' 15' 27" E. A DISTANCE OF 62.64 FEET;
THENCE S 18' 26' 42" E, A DISTANCE OF 76.09 FEET: THENCE S 19° 45' 11 " E. A DISTANCE
OF 114.26 FEET; THENCE S 68° 22' 22" E, A DISTANCE OF 67.02 FEET: THENCE N 89° 51
' 57" E, A DISTANCE OF 72.39 FEET; THENCE S 83° 00' 50" E, A DISTANCE OF 98.43 FEET;
THENCE S 26° 39' 59" E, A DISTANCE OF 64.81 FEET; THENCE S 41 ° 34' 52" E. A DISTANCE
OF 132.31 FEET; THENCE S 16° 29' 16" E, A DISTANCE OF 73.16 FEET; THENCE S 04° 03'
36" W, A DISTANCE OF 47.43 FEET; THENCE S 19° 47' 20" E, A DISTANCE OF 84.41 FEET;
THENCE S 36° 13' 07" E, A DISTANCE OF 266.07 FEET; THENCE S 82° 45' 51 " E, A DISTANCE
OF 89.41 FEET; THENCE S 13° 46' 58" E. A DISTANCE OF 130.85 FEET; THENCE S 33° 53'
40" W, A DISTANCE OF 66.18 FEET; THENCE S 42° 59' 53" W. A DISTANCE OF 98.15 FEET;
THENCE S 00° 36' 58" E. A DISTANCE OF 44.67 FEET; THENCE S 12° 39' 51 " E. A DISTANCE
OF 110.14 FEET: THENCE S 32°49' 27" E. A DISTANCE OF 158.81 FEET; THENCE S 37° 33' 00"
E, A DISTANCE OF 171.46 FEET; THENCE S 06° 35' 06" W, A DISTANCE OF 31.77 FEET:
THENCE S 78° 05' 36" E, A DISTANCE OF 35.72 FEET; THENCE S 11 ° 18' 43" E, A DISTANCE
OF 22.31 FEET; THENCE S 86° 11 ' 01 " E. A DISTANCE OF 25.39 FEET; THENCE S 08° 26'
38" E, A DISTANCE OF 26.23 FEET: THENCE S 18° 55' 12" E, A DISTANCE OF 31.30 FEET:
THENCE S 24° 06' 49" W, A DISTANCE OF 22.02 FEET; THENCE S 27° 34' 19" E, A DISTANCE
OF 12.04 FEET; THENCE S 10° 29' 21" W, A DISTANCE OF 20.25 FEET; THENCE S 11 ° 06' 09"
E, A DISTANCE OF 196.77 FEET; THENCE S 22° 34' 12" E, A DISTANCE OF 107.77 FEET;
THENCE LEAVING SAID SHORELINE, S 68° 40' 14" W, A DISTANCE OF 2527.98 FEET;
THENCE N 22° 57' 19" W. A DISTANCE OF 458.51 FEET; THENCE S 67° 02 ' 41" W. A
Hacienda Del Rio Annexation Agreement
2017-0-06
9
Instrument# 2017-091372 # 18
Book : 7395
Page : 2894
Laura E. Roth
Volusia County, Clerk of Court
DISTANCE OF 300.00 FEET TO THE EASTERLY RIGHT OF WAY OF U.S. HIGHWAY NO. 1;
THENCE N 22` 57' 19" W. ALONG THE EASTERLY RIGHT OF WAY OF U. S. HIGHWAY NO.
1, A DISTANCE OF 100.00 FEET: THENCE N 67° 02' 41 " E. A DISTANCE OF 300.00
FEET: THENCE N 22° 57' 19" W, A DISTANCE OF 1371.79 FEET; THENCE S 67° 02' 41 "
W, A DISTANCE OF 300.00 FEET TO THE EASTERLY RIGHT OF WAY OF U S. HIGHWAY NO.
1; THENCE N 22° 57' 19"W, ALONG THE EASTERLY RIGHT OF WAY OF U. S. HIGHWAY NO.
1, A DISTANCE OF 100.00 FEET; THENCE N 67° 02' 41 " E, A DISTANCE OF 300.00 FEET;
THENCE N 22° 57' 19"W, A DISTANCE OF 621 .86 FEET TO THE POINT OF BEGINNING
Containing 156.9±acres more or less and being in Volusia County, Florida
Hacienda Del Rio Annexation Agreement
2017-0-06
10