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2004-O-43CORRECTED ORDINANCE NO.2004-0-43 08/23/2008 11:48 AM e- rLstnaente eons-7KM a 1 �Baok: 5633 Page: 209 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCATED AT 199 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, V / 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 John Michael & Patricia B. Hickey, the owners of property located at 199 Clinton Cemetery Road, within Volusia County, Florida. Subject property contains approximately 4-h4 2.22 ± acres. 2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for Irk annexation pursuant to Section 171.044, Florida Statutes. 3. Theproperty 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 Strnek'anough Passages are deleted. THIS DOCUMENT IS BEING RECORDED TO REFLECT Underlined Passages are added. A CORRECTED LEGAL DESCRIPTION AND TOTAL OF 2.22 ACRES AND SUPERCEDES THAT DOCUMENT RECORDED IN OR 5453/PG 4307 2004-0-43 1 Instrument# 2005.230332 # 2 1.3ooJ<: ~3633 '-" ''''F)age: 21 {) 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 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 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 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. 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, Stlnck t1l1ot1~h passages are deleted. Underlined passages are added. THIS DOCUMENT IS BEING RECORDED TO REFLECT A CORRECTED LEGAL DESCRIPTION AND TOTAL OF 2.22 ACRES AND SUPERCEDES THAT DOCUMENT RECORDED IN OR 5453/PG 4307 2004-0-43 2 Instrument# 2005-230332 # 3 Book. :~:)f):33 '-' -.J.., ..:) ,-'" (. .:,., - i'l -..-... ! ',~it ..:;J '\....~, "" 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 Councilman Brown 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 The second reading/public hearing ofthis 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. StInck thlongh passages are deleted. Underlined passages are added. THIS DOCUMENT IS BEING RECORDED TO REFLECT A CORRECTED LEGAL DESCRIPTION AND TOTAL OF 2.22 ACRES AND SUPERCEDES THAT DOCUMENT RECORDED IN OR 5453/PG 4307 2004-0-43 3 Instrument! M-23M t 4 - QBook: 5633 Page: 212 After Motion by Councilman Brown and Second by Councilwoman Lichter, 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 PASSED AND DULY ADOPTED this 6th day of December, 2004. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: aaAn-� Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant/Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to forth and Edgewater at a meeting held on this 6th day of legality by: Paul E. Rosenthal, Esquire December, 2004 under Agenda Item No. 6J. City Attorney Foley & Lardner, LLP Stmek'd vough passages are deleted. THIS DOCUMENT IS BEING RECORDED TO REFLECr Underlined passages are added. A CORRECTED LEGAL DESCRIPTION AND TOTAL OF 2.22 ACRES AND SUPERCEDES THAT DOCUMENT RECORDED IN OR 5453/PG 4307 2004-0-43 '-' lnst rument# 2005- 230~i32 # 5 Bo()k: !3f333 .."" C) "'''' (J.. e, - r}. '1 I co,,, c, _ L., EXHIBIT" A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. PARCEL #3 A part of Section 24, To~m;hip 18 South, Range 34 East lying Eastedy of the Plorida East Coast Rail~ay, a 100 fuot R/W, and being mOle particularly descdbed as fullo~s. Conullwce at the North ~est COIller of said Section 24, t:llwce South 00034'36" East along thc VI est libe of said Section 24, a distancc of 1,400 feet, thcnce North 86018'56" East, a distancc of 3,571.00 feet, thence South 22055'51" East, a distancc of874.06 fGet, thcnee North 87053'15" East, a distance of39.25 fect for the Point of Deginning, thence North 87053'15" East, a distance of 15.00 feet, thwce North 22055'51" Vlest, a distance of310.00 feet, thence South 87053'15" East, a distance of 15.00 feet, thwce North 22055'51" 'Nest, a distance of] 1 0.00 feet, thence South 87053'15" West, a distarlce of 150.00 feet, thence South 22055'51" East, a distance of 310.00 feet to the Point of Degiuning. Containing 1.00 acres more or less. The Southedy 30.00 feet as measured at right angles to the Southerly line ofthe above described property is reser ved for a road and utility casement. Together ~ith the right to use the casement described belo~. EasC1ncnt - A 60 foot road and utility casement bet~een the Plodda East Coast Rail~ay arld D. S. IIigh~a, No.1 and being part ofD. S. Lot 2 arld the North~est 1/4, SeGtion24, To~nship 18 South, Range 34 East as crosses the attached property, said casement being that 30 foot ship oflarld lying each side of a line described as follo~s. As a point ofreference, commence at the North~Gst comer of said SeGtion24, To~nship 18 South, Range 34 East, thwCG South 00034'36" East along the W Gst linG of said Section 24, a distance of 2,619.48 feet, thence North 87053'15" East, a distance of 2,258.67 feGt to a point on the Easterly R/W line of the PIOlida East Coast Rail~ay, a 100 foot R/W, thencG North 22035'17" Vlest along the said EastGrly R/W line, a distance 0[178.45 feet for the Point ofDegirming, thence North 89049'38" East, a distance of289.97 feet, thcnee North 67043'02" East, a distance of993.68 fGet, thence North 87053'15" East, a distance 0[1,340.95 feet to the termination of this description on the \Vestedy R/W line of the U. S. IIigh~ay No.1. PARCEL #4 A part of Section 24, To~nship 18 South, Range 34 East lying Eastedy of the Plorida East Coast Rail~ay, a 100 fuot R/\V, and being more pa11icularly described as follo~s. Commence at the North ~est COIller of said Section 24, thence South 00034'36" East along the \'1 cst line of said Section 24, a distarlee of 1,400 feet, thence North 86018'56" East, a distance of3,571.00 feet, thence South 22055'51" East, a distance of874.06 fcet, thence North 87053'15" East, a distance of 189.25 feet for the Point of Dcgimling, thGnee North 87053'15" East, a distance of 15.00 feet, thence North Stt tick till otl~ll passages are deleted. Underlined passages are added. THIS DOCUMENT IS BEING RECORDED TO REFLECT A CORRECTED LEGAL DESCRIPTION AND TOTAL OF 2.22 ACRES AND SUPERCEDES THAT DOCUMENT RECORDED IN OR 5453/PG 4307 2004-0-43 5 Instrument# 2005-230332 #- 6 <~)(:) CJ ~<..: 56::3:3 ...... 'lIIlIlf_J a ~J e: 2 1 4 22055'51" West, a distanec of310.00 feet, thence South 87053'15" East, a distance of 15.00 fcet, thence North 22055'51" 'v'hst, a distance of3 1 0.00 feet, thence South 87053'15" \Vest, a distance of 150.00 feet, thcnce Sotrth 22055'51" East, a distance of 3 10.00 feet to the Point of Deginning. Containing 1.00 aClGS mOle 01 less. The Sotrtherly 30 feet as measU1ed at right angles to the Sotrtherly line ofthe above descIibcd ploperty isresGl ved for a lOad and utilit)i e,ase,ment. Together ~ith the right to use the easemcnt dcseIibcd belo~. Easeme,nt - A GO foot road and utilit)i casement bet~e,en the .rlOlida East Coast Rail~ay and U. S. IIigh~ay No.1 and beingpartofU. S. Lot 2 and the Northwest 1/4, Section 24, To~nship 18 Sotrth, Range 34 East as crosses the attached properry, said eascmcnt being that 30 foot strip ofland lying each side of a linc described as follows. As a point of reference, commence at the Northwest comer of said Section 24, To~nship 18 Sotrth, Range 34 East, thence Sotrth 00034'36" East along the West line of said Section 24, a distance of 2,619.48 fcGt, thence North 87053'15" East, a distance of 2,258.67 fcet to a point on the Easterly R/'vV linc of the Plorida East Coast Rail~ay, a 100 foot R/'vV, thence North 22034'17" West along the said Eastcrly R1'vY linc, a distancc 0[178.45 :feet for the Point of De ginning, thcnce North 89049'38" East, a distance of289.97 :fect, thcncc North G7043'02" East, a distance of993.G8 feet, thenec North 87053'15" East, a distance of 1,340.95 fecHo the termination of this description on the 'v'hsterly R/W line of the U. S. IIigh~ay No.1. Containing a total of 2.141. aercs more 01 less. StI tick till otlgh passages are deleted. Underlined passages are added. THIS DOCUMENT IS BEING RECORDED TO REFLECT A CORRECTED LEGAL DESCRIPTION AND TOTAL OF 2.22 ACRES AND SUPERCEDES THAT DOCUMENT RECORDED IN OR 5453/PG 4307 2004-0-43 6 '-' Instrument# 2005230332 # 7 ":~oc)k: !'.if333 .....J _0- -, - 01 -t .::lfJL . . CORRECTED LEGAL DESCRIPTION: A part of Section 24. Township 18 South. Range 34 East lying Easterly of the Florida East Coast Railway. a 100 foot R/W. and being more particularly described as follows: Commence at the Northwest corner of said Section 24: thence S 00034'36" E, along the west line of said Section 24. a distance of 1400.00 feet: thence N 86018'56" E, a distance of3563.38 feet: thence S 22038'21" E. a distance of627.80 feet to the Point-of-Beginning of this description to wit: thence continue S 22038'21" E. a distance of 244.36 feet to a point on the centerline of a 60.00 foot wide easement as recorded in O.R. Book 2067. Page 1758 of the Public Records of Volusia County. Florida: thence N 87053'15" E, along said centerline a distance of 201.70 feet thence N 22055'51 " W. along the west line of lands as described in O.R. Book 5489. Page 3080 through 3083 of said Public Records. a distance of 31 0.00 feet: thence S 87053'15" W. a distance of71.88 feet: thence S 22038'21" E. a distance of 19.51 feet: thence S 67004'09" W. a distance of 120.00 feet to the Point- of-Beginning. Containing 1.22 acres more or less. Being subiect to a 60.00 foot road and utility easement as recorded in O.R. Book 2067. Page 1758 ofthe Public Records of V olusia County. Florida and any other easements and/or rights-of-ways of record. Together with lands described in O.R. Book 5489. Pages 3080 - 3083 of the Public Records of Volusia County. Florida and further described as follows: A part of Section 24. Township 18 South. Range 34 East lying Easterly of the Florida East Coast Railway. a 100 foot R/W. and being more particularly described as follows: Commence at the Northwest corner of said Section 24: thence S 00034'36" E, along the west line of said Section 24. a distance of 1400 feet: thence N 86018'56" E. a distance of 3571.00 feet: thence S 22055'51" E. a distance of874.06 feet: thence N 87053'15" E. a distance of 189.25 feetto the Point- of-Beginning: thence N 87053'15" E, a distance of 150.00 feet: thence N 22055'51" W. a distance of 310.00 feet: thence S 87053'15" W. a distance of 150.00 feet: thence S 22055'51" E, a distance of 310.00 feet to the Point-of-Beginning. Containing 1.00 acres more or less. The southerly 30 feet as measured at right angles to the Southerly line of the above described property is reserved for a road and utility easement. Together with the right to use the easement described below. StltlGk t1l1otlgh passages are deleted. Underlined passages are added. THIS DOCUMENT IS BEING RECORDED TO REFLECT A CORRECTED LEGAL DESCRIPTION AND TOTAL OF 2.22 ACRES AND SUPERCEDES THAT DOCUMENT RECORDED IN OR 5453/PG 4307 2004-0-43 7 Instrument# 2005-230332 it 8 B(Jok: E-)(i33 '-' ~p <:1. ~:H::: : -1 Easement - A 60 foot road and utility easement between the Florida East Coast Railway and U. S. Highway No.1 and being a part of U.S. Lot 2 and the Northwest 1/4, Section 24, Township 18 South, Range 34 East as crosses the attached property, said easement being that 30 foot strip ofland lying each side of a line described as follows: As a point of reference, commence at the Northwest corner of said Section 24, Township 18 South, Range 34 East thence S 00034'36" E, along the West line of said Section 24, a distance of2619.48 feet thence N 87053'15" E. a distance of2258.67 feet to a point on the Easterly R/W line of the Florida East Coast Railway, a 100 foot R/W: thence N 22035'17" W along the said Easterly R/W line, a distance of 178.45 feet for the Point-of-Beginning: thence N 89049'38" E. a distance of289.97 feet thence N 67043'02" E. a distance of993.68 feet thence N 87053'15" E, a distance of 1340.95 feet to the termination of this description on the Westerly R/W line of the U.S. Highway No.1. Totaling 2.22 acres more or less. Sttnck tlu6t1gh passages are deleted. Underlined passages are added. THIS DOCUMENT IS BEING RECORDED TO REFLECT A CORRECTED LEGAL DESCRIPTION AND TOTAL OF 2.22 ACRES AND SUPERCEDES THAT DOCUMENT RECORDED IN OR 5453/PG 4307 2004-0-43 8 \ \ \ \ \ \ \ -,-'0 0:: Z o ~ () o ...J W 0:: c-o €' Ql o~ ~ 8- c~ .~ a: :=Q)<1 ..... ....J <.l O'Q) Z .c ~ cnE 0 ::J cnQ) . C/) ~O ~~I \ \ ~\ \ \ \ \ \ \ \ \ -,' , -' " -,-' " " " -,-' 'w' ,Instrument# 2005-2:30332 II 9 )ook :5633 '-f->,a ~JE~: 21'7 Diane M. Matousek Volusia County, Clerk of Court vv -,' ,-' " -' " -,-,-' ,~ -,-' -,-' ~ -,-' -,-' ~ -' -' -' -' -' -' -,-' -' 12/13/2004 12:14 PH Instruentt 2004-312361 O �r Book: 5453 Page: 4307 ORDINANCE NO.2004-0-43 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCATED AT 199 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. Glenn Storch of Storch & Morris, P.A. is the agent/applicant for John Michael & ft, Patricia B. Hickey, the owners of property located at 199 Clinton Cemetery Road, within Volusia r(V' County, Florida. Subject property contains approximately 2.14 ± 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 recommended by a vote of 5 to 0 that the property be annexed into the City of Edgewater. SWckihrongh passages are deleted. Underlined passages are added. 2004-0-43 f?'oc;k: 54 fJaDF?' <1 :3:0Fi '-' ....., 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 ofthe 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 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 V olusia 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, Stl t1~k till otlgh passages are deleted. Underlined passages are added. 2004-0-43 2 Book: :.>4!-j3 w ...", 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 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 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. Siwek tIlIotlgh passages are deleted. Underlined passages are added. 2004-0-43 3 C Book: 5453 O Page: 4310 After Motion by Councilman Brown and Second by Councilwoman Lichter 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 PASSED AND DULY ADOPTED this 6th day of December '2004. 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 Shackihengh passages are deleted. Underlined passages are added. 2004-043 4 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Donald A. Schmidt Mayor Robm . 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 J. E3.ook: 5453 ~..".J f.:: ..4-~.3 -1.1 'w' 'W EXHIBIT" A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. PARCEL #3 A part of Section 24, Township 18 South, Range 34 East lying Easterly of the Florida East Coast Railway, a 100 foot R/W, and being more particularly described as follows: Commence at the Northwest comer of said Section 24; thence South 00034'36" East along the West line of said Section 24, a distance of 1,400 feet; thence North 86018'56" East, a distance of 3,571.00 feet; thence South 22055'51" East, a distance of874.06 feet; thence North 87053'15" East, a distance of39.25 feet for the Point of Beginning; thence North 87053'15" East, a distance of 15.00 feet; thence North 22055'51" West, a distance of 310.00 feet; thence South 87053'15" East, a distance of 15.00 feet; thence North 22055'51" West, a distance of31 0.00 feet; thence South 87053'15" West, a distance of 150.00 feet; thence South 22055'51" East, a distance of 310.00 feet to the Point of Beginning. Containing 1.00 acres more or less. The Southerly 30.00 feet as measured at right angles to the Southerly line ofthe above described property is reserved for a road and utility easement. Together with the right to use the easement described below. Easement - A 60 foot road and utility easement between the Florida East Coast Railway and U. S. Highway No.1 and being part ofU. S. Lot 2 and the Northwest 1/4, Section 24, Township 18 South, Range 34 East as crosses the attached property, said easement being that 30 foot strip ofland lying each side of a line described as follows: As a point of reference, commence at the Northwest comer of said Section 24, Township 18 South, Range 34 East; thence South 00034'36" East along the West line of said Section 24, a distance of 2,619.48 feet; thence North 87053'15" East, a distance of 2,258.67 feet to a point on the Easterly R/W line of the Florida East Coast Railway, a 100 foot R/W; thence North 22035'17" West along the said Easterly R/W line, a distance ofl78.45 feet for the Point of Beginning; thence North 89049'38" East, a distance of289.97 feet; thence North 67043'02" East, a distance of993.68 feet; thence North 87053'15" East, a distance ofl ,340.95 feet to the termination of this description on the Westerly R/W line of the U. S. Highway No.1. PARCEL #4 A part of Section 24, Township 18 South, Range 34 East lying Easterly of the Florida East Coast Railway, a 100 foot R/W, and being more particularly described as follows: Commence at the Northwest comer of said Section 24; thence South 00034'36" East along the West line of said Section 24, a distance of 1,400 feet; thence North 86018'56" East, a distance of3,571.00 feet; thence South 22055'51" East, a distance of874.06 feet; thence North 87053'15" East, a distance ofl89.25 feet for StltlCk t1uot.gh passages are deleted. Underlined passages are added. 2004-0-43 5 Book: 5453 431 --... ---- the Point of Beginning; thence North 87053'15" East, a distance of 15.00 feet; thence North 22055'51" West, a distance of310.00 feet; thence South 87053'15" East, a distance of 15.00 feet; thence North 22055'51" West, a distance of31 0.00 feet; thence South 87053'15" West, a distance of 150.00 feet; thence South 22055'51" East, a distance of 310.00 feet to the Point of Beginning. Containing 1.00 acres more or less. The Southerly 30 feet as measured at right angles to the Southerly line of the above described property is reserved for a road and utility easement. Together with the right to use the easement described below. Easement - A 60 foot road and utility easement between the Florida East Coast Railway and U. S. Highway No. 1 and being part ofU. S. Lot 2 and the Northwest 1/4, Section 24, Township 18 South, Range 34 East as crosses the attached property, said easement being that 30 foot strip of land lying each side ofa line described as follows: As a point of reference, commence at the Northwest comer of said Section 24, Township 18 South, Range 34 East; thence South 00034'36" East along the West line of said Section 24, a distance of 2,619.48 feet; thence North 87053'15" East, a distance of 2,258.67 feet to a point on the Easterly R/W line of the Florida East Coast Railway, a 100 foot R/W; thence North 22034'17" West along the said Easterly R/W line, a distance of 178.45 feet for the Point of Beginning; thence North 89049'38" East, a distance of289.97 feet; thence North 67043'02" East, a distance of993.68 feet; thence North 87053'15" East, a distance of 1 ,340.95 feet to the termination of this description on the Westerly R/W line of the U. S. Highway No.1. Containing a total of 2.14 ::!:: acres more or less. StltlCk tlllot1~h passages are deleted. Underlined passages are added. 2004-0-43 6 B()(]k :54 ~)3 ~] E:: 4- ::313 ~ Diane M. Matousek Volusia County, Clerk of Court -<- € c'O Q) ~ 8- 00:: Q: ~~ .~ t5 .- Q) <1 ....J -_ Z ~ Q) OQ) :Q' O')E 0 ::J O')Q) . C/) -0 '~I ~ \)V " " , " , , " ~ , " \)) " " ~ " , , " " , " , \ \ ~\ \ \ \ \ \ \ \ \ , " , "' " \,; " " " " \ \ \ \ \ \ \. ,'0 0:: Z o ~ u o ..J W 0:: I