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2004-O-47 '- ~ 01/13/2005 03:46 PH rument# B()ok : ORDINANCE NO. 2004-0-47 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCATED AT 2203 AND 2295 COW CREEK 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 EDGEW ATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOL USIA COUNTY, THE VOL USIA 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. Robert E. Jalbert, Sr. is the agent/applicant for Paul W. Newsom, III, Robert E. Jalbert, Jr. and Asuncion C. Jalbert, owners of property located at 2203 and 2295 Cow Creek Road, within Volusia County, Florida. Subject property contains approximately 12.38.::!:: 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 2 of the City of Edgewater are hereby designated to include the property described herein. 5. During the Planning and Zoning Board meeting on November 17,2004, the Board recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater. Stl11Gk t1uongh passages are deleted. Underlined passages are added. 2004-0-47 '-' ...., Book: Ei414 r:jf~ : 14 NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida: PART A. ANNEXATION 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 of the Charter ofthe 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 V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia County Manager, the Mapping Division of the Volusia 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. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, Shnck tl\Ion~h passages are deleted. Underlined passages are added. 2004-0-47 2 [:J,()ok: ~)47 4 '-" "wtI 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 Rhodes and Second by Councilman Vincenzi, the vote on the first reading 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 During the first reading held at the December 6, 2004 City Council meeting, Council voted to cancel the December 20, 2004 meeting and continue all and previously scheduled items until January 10,2005. Stltlck tluotlgh passages are deleted. Underlined passages are added. 2004-0-47 3 l_J Book: 5474 O Page: 2276 ABerMotionbyCouncilwoman Lichter and Seeondby Councilman Brown the vote on the second reading/public hearing of this ordinance held on January 10, 2005, 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 PASSED AND DULY ADOPTED this 10th day of January, 2005. 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 Shack tl englr passages are deleted. Underlined passages are added. 2004-0-47 4 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Donald A. Schmidt Mayor Robin 1 Legal Assistant/Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this loth day of January, 2005 under Agenda Item No. 6 A. B()ok : 547.4 I '-' ..." EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. PARCEL #1 A part of Lots 7 and 8, Model Land Company's Subdivision of Lots 1 and 2 and fractional Northeast 1/4 of Section 8, Township 18 South, Range 34 East per map in Map Book 5, Page 188 of the Public Records of Volusia County, Florida, excepting therefrom that part now in Florida East Coast Railway RJW per Warranty Deed as recorded in Official Records Book 156, Page 57, Public Records of V olusia County, Florida, all being more particularly described as follows: Commence at the Southwesterly corner of Lot 9, said Model Land Company Subdivision, said point of commencement also being the center of said Section 8, Township 18 South, Range 34 East; thence North 01002'59" West along the Westerly line of said Lot 9, a distance of 660.38 feet; thence North 89036'50" East, a distance of 428.37 feet to a point on the Easterly RJW line of said FEC Railway RJW, said point being 300.00 feet Easterly of as measured at right angles to the centerline of said RJW; thence North 17059'46" West along the said Easterly RJW, a distance of205.73 feet for the Point of Beginning; thence continue North 17059'46" West, a distance of 487.29 feet to the Northerly line of said Lot 8; thence North 89033'41" East along the Northerly line of said Lots 7 and 8, a distance of790.21 feet; thence South 01002'44" East, a distance of232.60 feet; thence North 89033'41" East, a distance of 215.00 feet; thence North 01002'44'1 West, a distance of232.60 feet to the Northerly line of said Lot 7; thence North 89033'41" East along said Northerly line, a distance of 124.42 feet to the Northeast corner of said Lot 7; thence South 01002'44" East along the Easterly line of said Lot 7, a distance of 330.81 feet; thence South 89035'15" West, a distance of677.98 feet; thence South 01002'52" East, a distance of 134.40 feet; thence South 89036'50" West, a distance of 309.58 feet to the Point of Beginning. Excepting therefrom the Northerly 30.00 feet of the above described property for road purposes. With an easement for egress and ingress over the East 15 feet of the North ~ of Lot 7. Less and except that portion deeded in Official Records Book 4359, page 2243, Public Records of Volusia County, Florida, also: That portion of Lot 8, Model Land Company Subdivision of Lots 1 and 2, fractional Northeast Quarter of Section 8, Township 18 South, Range 34 East, Volusia County, Florida, lying Easterly of the centerline of Cow Creek Road, also known as Maytown Road, as it now exists. PARCEL #2 A part of Lot 8, Model Land Company's Subdivision of Lots 1 and 2 and fractional Northeast 1/4 of Section 8, Township 18 South, Range 34 East per map in Map Book 5, Page 188 of the Public Stltlc,k t1uotlg,h passages are deleted. Underlined passages are added. 2004-0-47 5 -..,. W1I B(J()k :~:)474 l Records of Vol usia County, Florida, and being more particularly described as follows: Commence at the Southwesterly corner of Lot 9, said Model Company Subdivision, said point of commencement also being the center of said Section 8, Township 18 South, Range 34 East; thence North 01002'59" West along the Westerly line of said Lot 9, a distance of660.38 feet; thence North 89036'50" East, a distance of 428.37 feet to a point on the Easterly R/W line of the FEC Railway R/W, said point being 300.00 feet Easterly of and measured at right angles to the centerline of said R/W and for the Point of Beginning; thence North 17059'46" West along the said Easterly R/W line, a distance of205.73 feet; thence North 89036'50" East a distance of309.58 feet to the Easterly line of said Lot 8; thence South 01002'52" East along said Easterly line, a distance of 196.10 feet to the Southeast corner of said Lot 8; thence South 89036'50" West along the Southerly line of said Lot 8, a distance of 294.61 feet to the Point of Beginning. A portion of Lot 8, Model Land Company Subdivision, according to map thereof recorded in Map Book 5, Page 188, of the Public Records of Vol usia County, Florida, and being more particularly described as follows: Commence at the Southeast corner of said Lot 8, thence South 89036'50" West, along the Southerly line of Lot 8, a distance of 249.61 feet for the Point of Beginning; said point being 300 feet Easterly of and measured at right angles to the old centerline of the Florida East Coast Railway; thence continue South 89036'50" West, a distance of 105.00 feet; thence North 17059'46" West, and parallel with said centerline of the railroad, a distance of 105.00 feet; thence North 89036'50" East, a distance of 105.00 feet; thence South 17059'46" East, a distance of 105.00 feet to a point of Beginning. Containing 12.38 :i: acres more or less. StltlGk thlotlgl. passages are deleted. Underlined passages are added. 2004-0-47 6 , ~ ~E CI) ~ ~ .!~ <Iz .s 0.: jij~ -J t3 ~ .~ 'z l5 ~ . ~~I l:look: ~j47 4 w """'" 22-7 Diane M. Matousek Volusia County, Clerk of Court \ \ ,', ,,' , . \ \ \ \ \ \ \ \ \ \ \ \ \ \ lb, , o~ ~o ... ~\Ss~, , 0\.0.... "". ~ \ \ \ 0\ \ " " , C~, o / ,'\ ,,' \ " \ " \ .-.-.-'- [J J\//,/ /\ ........ ~ ........ ........ ........ ........ ........ .... //-;;;::;:;;/ /~/~~/~/ ~/\ ~/~/ ~ ~:::~//// \~/~ ) ~~~-----// '-.~ ,'. " . " . , . ,,' '1 /~/=~ , , I ..--- ~:.// // " ~ ~ , ~./~ V9~ ---~~ \ . --_///- - ~~ .