2004-O-46
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Instrument# 2004<312:354
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ORDINANCE NO. 2004-0-46
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WEST OF U. S. HIGHWAY #1, SOUTH OF
CLINTON CEMETERY ROAD AND NORTHWEST OF
RIVER PARK BOULEV ARD, 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. Glenn Storch of Storch & Morris, P.A. is the agent/applicant for Belmont Homes,
owners of property located west of U. S. Highway #1, south of Clinton Cemetery Road and
northwest of River Park Boulevard, within Volusia County, Florida. Subject property contains
approximately 74! acres.
2. The owner/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.
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5. During the Planning and Zoning Board meeting on October 13, 2004, the Board
recommended by a vote of 5 to 0 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.
ANNEXA TION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, 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 Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 ofthe Charter of the City of Edge water, 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 V olusia County Growth Management Department,
and the Department of State.
PARTB.
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 Vol usia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by Councilwoman Licther and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on November 1,2004, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
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The second reading/public hearing of this ordinance was held during the November 15, 2004
City Council meeting, and pursuant to a motion from Councilwoman Rhodes and second from
Councilwoman Lichter, the hearing was continued until the December 6,2004 City Council meeting.
After Motion by Councilman Vincenzi
and Second by Councilman Brown
the vote on the second reading/public hearing of this ordinance held on December 6,2004, was as
follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
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Book: 5453
O Page: 4332
PASSED AND DULY ADOPTED this
t:
Susau.l.W dsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
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2004-0.46
6th dayof December '2004.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
gy.
onald A. Schmidt
Mayor
Robin L. Matusick
Legal AssistanUParalegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 6th day of
December, 2004 under Agenda Item No.
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EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
That part of the South ~ ofD. S. Government Lot 3, located in Section 24, Township 18 South,
Range 34 East, (as measured on the West line ofD. S. Highway No. 1), lying West ofD. S. Highway
No.1 and that part of Section 19, Township 18 South, Range 35 East, lying East of the South ~ of
D. S. Government Lot 3, Section 24, Township 18 South, Range 34 East and lying West ofD. S.
HighwayNo. 1 and the South 548 feet of that part of the Northeast 1/4 of the Southwest 1/4 of said
Section 24, lying East of the Florida East Coast Railway and the South 548 feet of that part of the
Northwest 1/4 of the Southeast 1/4 said Section 24, lying East of the Florida East Coast Railway.
That part of the North ~ ofD. S. Government Lot 3, located in Section 24, Township 18 South,
Range 34 East (as measured on the West line ofD. S. Highway No.1), lying West ofD. S. No.1
Highway and that part of the Northeast 1/4 of the Southwest 1/4 and the Northwest 1/4 of the
Southeast 1/4 of Section 24, lying East of the FEC Railway except the South 548 feet and except the
North 247.7 feet of the West 990 feet of the Northwest 1/4 of the Southeast 1/4 and except the North
247.7 feet of the East 446 feet of the Northeast 1/4 of the Southwest 1/4 of said Section 24.
Containing 74.:!: acres more or less.
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Diane M -M 43,_,:,.4
Volusia'C atousek
ounty, Clerk of C
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