2004-O-4512/13/2004 12:14 PM
O ^ Instruentt 2004-312363
J Book: 5453
Page: 4321
ORDINANCE NO.2004-0-45
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WEST OF U. S. HIGHWAY #1 AND SOUTH OF
CLINTON CEMETERY 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 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. Daniel J. and Christine M. Herman are the applicants/owners for property located
west of U. S. Highway #1 and south of Clinton Cemetery Road, within Volusia County, Florida.
Subject property contains approximately 3.65 ± 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.
5. During the Planning and Zoning Board meeting on October 13, 2004, the Board
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2004-045
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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 Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW ATER, 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 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 ofthis 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.
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.
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2004-0-45
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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.
PARTE.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Lichter, 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 Brwon
and Second by
Councilwoman Rhodes
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: 4325
PASSED AND DULY ADOPTED this 6th day of December , 2004.
ATT.F,ST:
k
595afl .L
dd9N'OYth
- 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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2004A-45
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
oer
Donald A. chmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
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.
6 L.
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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.
A parcel of land being a portion of Government Lot 2, Section 24, Township 18 South, Range 34
East, lying Westerly of and adjacent to U. S. Highway No.1 and being more particularly described
as follows: Commence at the Northwest comer of said Section 24; thence South 00034'36" East,
along the Westerly line of said Section 24, a distance of 1,400 feet; thence North 86018'56" East, a
distance of4,408.69 feet to the Westerly right of way line of said U. S. Highway No. 1; thence South
22055'51" East along the said Westerly right of way line, a distance of 898.64 feet to the Point of
Beginning of the herein described parcel; thence continue South 22055'51" East along the said
Westerly right of way line ofU. S. Highway No.1 a distance of534.94 feet; thence South 87053'15"
West a distance of318.25 feet; thence North 22055'51" West, a distance of534.94 feet; thence North
87053'15" East a distance of318.25 feet to the Point of Beginning. Subject to a 60 foot road and
utility easement per Official Records Book 2067, Page 1766, Public Records of Vol usia County,
Florida.
Containing 3.65 i: acres more or less.
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CLINTON CEMETERY RD
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Diane M. Matousek
Volusia County, Clerk of Court
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