2004-O-42— i
CORRECTED
ORDINANCE NO.2004-042
08/23/2005 11:46 aM
-� Instrument# 2005-230329 # 1
Book: 5633
Page: 196
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WEST OF U. S. HIGHWAY #1 AND NORTH 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. Glenn Storch of Storch & Moms, P.A. is the agent/applicant for John Michael &
Patricia B. Hickey, the owners of property located west of U. S. Highway #1, north of Clinton
Cemetery Road, within Volusia County, Florida. Subject property contains approximately 2829_20
+ 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.
Stuck H tough passages are deleted. THIS DOCUMENT IS BEING RECORDED TO REFLECT
Underlined passages are added. A CORRECTED LEGAL DESCRIPTION AND TOTAL OF 29.20 ACRES
AND SUPERCEDES THAT DOCUMENT RECORDED IN OR 5453/PG 4299
2004-0-42 1
Tnstrument# 20050230329 It 2
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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 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 2.0 1 ofthe 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
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.
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.
Shtick thI6t115h passages are deleted.
Underlined passages are added.
THIS DOCUMENT IS BEING RECORDED TO REFLECT
A CORRECTED LEGAL DESCRIPTION AND TOTAL OF 29.20 ACRES
AND SUPERCEDES THAT DOCUMENT RECORDED IN OR 5453/PG 4298
2004-0-42
2
PART C.
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SEVERABILITY AND APPLICABILITY.
Instrument# 2005-230329 # 3
[)()ok: ~)f)~33
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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.
PARTF.
ADOPTION.
After Motion by Councilwoman Lichter 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
Stltlck tluotlgh passages are deleted.
Underlined passages are added.
THIS DOCUMENT IS BEING RECORDED TO REFLECT
A CORRECTED LEGAL DESCRIPTION AND TOTAL OF 29.20 ACRES
AND SUPERCEDES THAT DOCUMENT RECORDED IN OR 5453/PG 4298
2004-0-42
3
0
City Council meeting, and pursuant to a motion from Councilwoman Rhodes and second from
M CouncilwomanLichter, the hearing was continueduntil the December 6,2004 CityCouncil meeting.
M r-
"'(DO
N N After Motion by Councilman Vincenzi and Second by Councilwoman Rhodes, the vote on
y 0 the second reading/public hearing of this ordinance held on December 6, 2004, was as follows:
0 m
m d 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: 2LZ��2
Donald A. Schmidt
Mayor
'_ J\GAS lY Y'Y'1Ti� �v n Ir
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 form and Edgewater at a meeting held on this 6th day of
legality by: Paul E. Rosenthal, Esquire December, 2004 under Agenda Item No. 61.
City Attorney
Foley & Lardner, LLP
Shuck fitionsh passages are deleted. THis DOCUMENT IS BEING RECORDED TO REFLECT
Underlined passages ate added. A CORRECTED LEGAL DESCRIPTION AND TOTAL OF 29.20 ACRES
AND SUPERCEDES THAT DOCUMENT RECORDED IN OR 5453/PG 4290
2004-0-42
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Inst rument# 2005.230329 # :i
f?took :~j63:::1
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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.
PARCEL #1
A part ofD. S. Lots 1 and 2, and a part of the Northwest 1/4 of Section 24, Township 18 South,
Range 34 East, Volusia County, Holida and being dcscribed as follows.
As a point ofrcferGnce, wmmGllGe atthG Northwest WIllGr of said Scction 24, Township 18 South,
RangG 34 East, thencG South 00034'36" East along the 'Nesterly linG of Section 24, a distance of
1,400 feet, thcnGG North 86018'56" East, a distance of3,381.03 feet to the centerline of an existing
Mosquito Control diteh for the Point of Dc ginning, thence continue North 86018'56" East, a distance
of 189.97 feet, thence South 22055'51" East a distance of 874.06 &et to the centerline of .111 existiI1g
60 foot lOad and utility easement, thence South 87053'15" West along said Genterline a distancc of
204.53 fect, thence North 24027'31" 'vVest, along the said centerline of the Mosquito Control ditch,
a distance of 493.42 fect, thGncc North 19004'31" 'vVest, along said centerlinG, a distance of371.59
feet to the Point ofDeginlling. Togethcr with the right to use a 60 foot road and utility casement fOl
ingress and egless as dcseribGd below.
A 60 foot road and utility casement betweeh the PEC Railway and D. S. Highway No.1 and being
part ofD. S. Lot 2 and the Northwest 1/4, Section 24, Township 18 South, Range 34 East as crOSSGS
the attached deseribcd property, said casement being that 30 foot strip ofland lying each side of a
line described as folIo ws. As a point of refelence, commence at the Northwest wmer of said Scction
24, Township 18 South, Range 34 East, thencG South 00034'36" East along the West linG of said
Section 24, a distance of2,619.48 feet, thence North 8r53'15" East, a distancG of2,258.67 feet to
a point on the Easterly R/\V line of the PEC Railway, .1100 foot R/W. thGnce North 22035'17" WGst
along thG said Easterly R/V/linG, a distance of 178.45 fect to the Point of Deginning. thence N
89049'38" East a distance of289.97 feet. thencG North 67043'02" East, a distancG of993.68 feGt,
thwCG North 87053'15" East, a distance of 1,340.95 feeHo thG tennination of this description on the
WGstcrly R/W linG ofD. S. Highway No.1
PARCEL #2
A part ofD. S. Lots 1 and 2 and a part of the Northwest 1/4 ofScction 24, Township 18 South,
Range 34 East, Volusia County, Horida, and being described as follows.
As a point ofrcferencc commence at thG Northwest corncr of said SGction 24, Township 18 South,
Range 34 East, thenc(, South 00034'36" East along th(, Westerly line of Section 24, a distance of
1,400 feet, th(,nce North 86018'56" East, a distance of 2,556.75 f(,et foI th(, roint of Deginning,
thenc(, wntinu(, North 86018'56" East, a distan(,e of 824.28 feet, thGl1ce South 19004'31" East, a
Stltlck t1uongh passages are deleted.
Underlined passages are added.
THIS DOCUMENT IS BEING RECORDED TO REFLECT
A CORRECTED LEGAL DESCRIPTION AND TOTAL OF 29.20 ACRES
AND SUPERCEDES THAT DOCUMENT RECORDED IN OR 5453/PG 4298
2004-0-42
5
Instrument# 2005-230329 # 6
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distance of 371.59 feet, thG11cC South 24027'31" EMt, a distance of 493.42 feet, thence South
87053'15" West, a distancc of289.G7 feet, thence South 67043'02" VvTest, a distance of 501.80 feet,
thence NOlth 22035'17" West, a distance of 1,027.10 feet to the Point ofllegimling.
Together ~ith the right to use a 60 foot road and utility casement for ingress and egress described
as fol1o~s.
A 60 foot road and utility casement bet~een the rEC Rail~ay and D. S. IIigh~ay No.1 and being
part ofD. S. Lot 2 and the Nor tl1 ~est 1/4, Scction24, To ~nship 18 South, Range 34 East as crosses
the above described property, said eMement being that 30 foot strip oflal1d lying each side of a line
described as fol1o~s. As a point ofrderenee, commence at the North~est C0111er of said Section 24,
To~nship 18 South, Range 34 East, thence South 00034'36" EMt along the West line of said Section
24, a distance of2,619.48 feet, thence North 87053'15" EMt, a distance of2,258.67 feet to a point
on the Easterly RI'vV line of the FEC Rail~ay, a 100 foot R/V/, thence North 22035'17" W along the
said Easterly R/W line, a distance of 178.45 feet for the Point oflleginning, thence North 89049'38"
EMt, a distance of289.97 feet, thence North 67043'02" EMt, a distance of993.68 fcet, thence North
87053'15" East, adistallce of! ,340.95 feeHo the tCll11ination of this description on the Westerly R/V/
line ofD. S. IIigh~ay No.1.
PARCEL #3
A part ofD. S. Lots 1 and 2, Section 24, To~nship 18 South, Range 34 East lying Easterly of the
Florida East Coast Rail~ay a 100 foot R/VI and being more particula1ly described as follo~s.
Commence at the NOlth~est e0111er of said Scetion24, thence South 00034'36" East along the West
line of said Section 24, a distance of 1,400.00 feet, thence North 86018'56" East, a distance of
3,571.00 feet for the Point of lleginning, thence South 22055'51" East, a distarlee of 874.06 feet,
thence North 87053'15" EMt, a distance of 528.50 feet, thence North 22055'51" VvTcst, a distarlce of
889.42 feet, thence South 86018'56" West, a distance of523.24 feet to the Point oflleginning. The
Southerly 30 fcd as meMU1cd at right angles to the Southerly line of the above described property
is rescr ved for a road and utiliry eMement. Together ~ith the right to use a GO foot road and utility
easement for ingress arId egress as described bclo~.
A 60 foot road and utility casement bet\"veen the rEC Rail~ay and D. S. IIigh~ay No.1 and being
part ofD. S. Lot 2 and the NOlth~est 1/4, Section 24, To~nsl1ip 18 South, Range 34 EMt M crosses
the attached described plOpCl~, said casement being that 30 foot strip ofland lying each side of a
line described M follo~s. As a point ofrcferenee, commence at the North~est corner of said Section
24, To~nship 18 South, Range 34 East, thence South 00034'36" East along the West line of said
Section 34, a distance of2,619.48 feet, thence NOlth 87053'15" East, a distance of2,258.67 feet to
a point on the Easterly R./V/line ofthe rEC Rail~ay, a 100 foot R/W. thence North 22035'17" West
along the said Easterly R/VvT line, a distance of 178.45 feet for the Point oflleginning. thence North
89049'38" EMt a distance of 289.97 feet. thenec NOlth 6r43'02" EMt, a distance of 993.68 feet,
thence North 8r53'15" East, a distance of!,340.95 feet to the termination of this description on the
Westerly R/W line ofD. S. IIigl1~ay No.1.
StltlGk tluotlSh passages are deleted.
Underlined passages are added.
THIS DOCUMENT IS BEING RECORDED TO REFLECT
A CORRECTED LEGAL DESCRIPTiON AND TOTAL OF 29.20 ACRES
AND SUPERCEDES THAT DOCUMENT RECORDED IN OR 5453/PG 4298
2004-0-42
6
Inst rument# 2005""230329 "# -/
[3ook: Ejf")3:]
., """"'F)aOE.:": 204
Exccpting from thc above Pcu:eel 3, those lands described in Official Records Dook 2717, Page 1263,
Public R'CGOrds of Vol usia County, l'lorida.
And less and except the following dcsclibed palccl.
A part of Section 24, TOliVnship 18 South, Rangc 34 East lying Easterly of the l'lorida East Coast
RailliVay, a 100 foot R/W, and bcing more palticnlcu:ly described as follows. Commence at the
North liVest GOmer of said Section 24, thence South 00034'36" East along the 'Vcst line of said Section
24, a distance of 1,400 feet, thcnce North 86018'5G" East, a distance of3,571.00 fcet, thence South
22055'51" East, a distance of874.0G feet, thence North 87053'15" East, a distance of 189.25 feet f"r
the P"int of Dcginning, thencc North 87053'15" East, a distance of 15.00 feet, thence North
22055'51" West, a distance of 3 1 0.00 feet, thencc South 87053'15" East, a distance of 15.00 feet,
thcnce North 22055'51" West, a distance of3 1 0.00 feet, thence South 87053'15" \Vcst, a distancc of
150.00 feet, thence South 22055'51" East, a distance of 3 1 0.00 feet to the Point of Deginning.
Containing 1.00 acres more or less. The Southedy 30 fcet as mcastlIed at right angles to the
Southerly line ofthc above described property is reser ved fm a road and utility casement. Togcther
with the right to usc the eascment described below.
Easement - A 60 foot road and utility casement between the Hodda East Coast Railway and U. S.
I1ighway No.1 and being partofU. S. Lot 2 and the Northwcst 1/4, Section 24, T"wnship 18 South,
Range 34 East as crosscs the attachcd property, said c:aSGmGnt bcing that 30 foot strip ofland lying
each side ofa line dcscribed as f"llows. As a point ofrefercncG, commencc at thc Northwest comer
of said Scetion 24, Township 18 South, Range 34 East, thGnee 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 Hodda East Coast RailliVay, a 100 foot RJV/,
thence North 22035'17" West along the said Eastedy RJW line, adistanee of178.45 feet for the Point
of Dc ginning, thence North 89049'38" East, a distCU:lce of289.97 feet, thence North 67043'02" East,
a distCU:lcc of993.G8 fcd, thcnce North 87053'15" East, a distance of 1 ,340.95 feet to the termination
of this description on the 'Nesterl, R/W linc of the U. S. I1ighway No.1.
Containing 281- acres morc or less.
Stll1Gk tluol1Sh passages are deleted.
Underlined passages are added.
THIS DOCUMENT IS BEING RECORDED TO REFLECT
A CORRECTED LEGAL DESCRIPTION AND TOTAL OF 29.20 ACRES
AND SUPERCEDES THAT DOCUMENT RECORDED IN OR 5453/PG 4298
2004-0-42
7
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Ins! rurnent# 2005. 23032~) It 8
[)o()k: fi6:3::)
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CORRECTED LEGAL DESCRIPTION:
The following described real property all lying and being in the County of V olusia and State of
Florida.
A parcel ofland being a portion ofU. S. Government Lots 1 and 2 and a part ofthe Northwest 1/4
of Section 24. Township 18 South. Range 34 East. Volusia County. Florida 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
the Northwest 1/4 of said Section 24. a distance of 1400.00 feet: thence N 86018'56" E. a distance
of2556.75 feet to the Point-of-Beginning of this description to wit: thence continue N 86018'56" E.
a distance of 1852.35 feet to a point on the monumented and occupied westerly right-of-way line of
u.S. Highway No.1 (a 158.00 foot wide right-of-way) as described in O.R. Book 4708. Page 4301
of the Public Records of V olusia County. Florida: thence S 22055'51" E. along said westerly right-of-
way line. a distance of 210.25 feet: thence S 87052'59" W. a distance of 318.24 feet: thence S
22055'52" E. a distance of 688.36 feet to a point on the centerline of a 60.00 foot wide easement as
described in O.R. Book 2067. Page 1758 of the Public Records of Vol usia County. Florida (known
as Clinton Cemetery Road): thence S 87053'15" W. along said centerline. a distance of 189.25 feet
to a point on the easterly line of lands as described in O.R. Book 5489. Page 3080: thence N
22055'51" W. along said east line. a distance of 310.00 feet to the northeast corner of said lands:
thence S 87053'15" W. along the north line of said lands as described in O.R. Book 5489. Page 3080.
a distance of 221.88 feet: thence S 22038'21" E. a distance of 19.51 feet: thence S 67004'09" W. a
distance of 120.00 feet: thence S 22038'21" E. a distance of244.36 feet to a point on the aforesaid
centerline of a 60 foot wide easement: thence S 87053'15" W. along said centerline. a distance of
481.75 feet: thence S 67043'02" W. along said centerline. a distance of501.80 feet: thence departing
said centerline N 22035'17" W. a distance of 1027.10 feet to the point-of-beginning.
Containing 29.20 acres more or less.
Being subiect to a 60.00 foot wide easement for road and utility purposes as described in O.R. Book
2067. Page 1758: and FP&L easement as recorded in O.R. Book 4102. Page 1578: and a 17.0 foot
F.D.O.T. easement as recorded in Deed Book 285. Page 125-126 and O.R. Book 128. Page 278: all
as recorded in the Public Records of V olusia County. Florida. and any other easements and/or rights-
of-ways of record.
Stlttck tluottgh passages are deleted.
Underlined passages are added.
THIS DOCUMENT IS BEING RECORDED TO REFLECT
A CORRECTED LEGAL DESCRIPTION AND TOTAL OF 29.20 ACRES
AND SUPERCEDES THAT DOCUMENT RECORDED IN OR 5453/PG 4298
2004-0-42
8
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Volusia County Cl k
, er of Court
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12/13/21104 12:14 PH
Q Instnaeatt 2004-312360
Book: 5453
Page: 4298
ORDINANCE NO.2004-0-42
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WEST OF U. S. HIGHWAY #1 AND NORTH 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 PROPERTYAPPRAISER
AND THE DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1,1. Glenn Storch of Storch & Morris, P.A. is the agent/applicant for John Michael &
CI ` Patricia B. Hickey, the owners of property located west of U. S. Highway #1, north of Clinton
n i
' I$ Cemetery Road, within Volusia County, Florida. Subject property contains approximately 28 ±
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.
StrnekNnengk passages are deleted.
Underlined passages are added.
2004-0-42
[)f)ok.: 54
:;]. ~.J ~F;'~ ""1
'-
....,
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 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 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 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.
Stt tlck t1uOtlgh passages are deleted.
Underlined passages are added.
2004-0-42
2
[1;OfJk: 54::)3
oe.. ,,4
--
...,
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 V olusia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PARTF.
ADOPTION.
After Motion by Councilwoman Lichter 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
Stlth~k tluongh passages are deleted.
Underlined passages are added.
2004-0-42
3
~j4 ~53
4. :~:~~ (J '1
'-'
~
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.
After Motion by Councilman Vincenzi
and Second by Councilwaman 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
Stlttck t1uongJ. passages are deleted.
Underlined passages are added.
2004-0-42
4
0
Book: 5453
O Page: 4302
PASSED AND DULY ADOPTED this 6th day ofDecember , 2004.
ATTEST:
Sustn.l. vad worth
City-CLsrle-
V.
IQ
r
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
Stnek ducash passages are deleted.
Underlined passages are added.
2004-0-42
CITY COUNCIL OF THE
CITY O DGEW�AToER, FLORIDA
By:
Donald A. Schmidt
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.
61
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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.
PARCEL #1
A part of U. S. Lots 1 and 2, and a part of the Northwest 1/4 of Section 24, Township 18 South,
Range 34 East, Volusia County, Florida and being 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 Westerly line of Section 24, a distance of
1,400 feet; thence North 86018'56" East, a distance of3,381.03 feet to the centerline of an existing
Mosquito Control ditch for the Point of Beginning; thence continue North 86018'56" East, a distance
ofl89.97 feet; thence South 22055'51" East a distance of874.06 feet to the centerline of an existing
60 foot road and utility easement; thence South 87053'15" West along said centerline a distance of
204.53 feet; thence North 24027'31" West, along the said centerline of the Mosquito Control ditch,
a distance of 493.42 feet; thence North 19004'31" West, along said centerline, a distance of371.59
feet to the Point of Beginning. Together with the right to use a 60 foot road and utility easement for
ingress and egress as described below:
A 60 foot road and utility easement between the FEC 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 described property, said easement being that 30 foot strip of land 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 of2,619.48 feet; thence North 87053'15" East, a distance of2,258.67 feet to
a point on the Easterly R/W line of the FEC Railway, a 100 foot R/W: thence North 22035'17" West
along the said Easterly R/W line, a distance of 178.45 feet to the Point of Beginning: thence N
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 ofU. S. Highway No.1
PARCEL #2
A part ofU. S. Lots 1 and 2 and a part of the Northwest 1/4 of Section 24, Township 18 South,
Range 34 East, Volusia County, Florida, and being described as follows:
As a point of reference commence at the Northwest comer of said Section 24, Township 18 South,
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2004-0-42
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Range 34 East; thence South 00034'36" East along the Westerly line of Section 24, a distance of
1,400 feet; thence North 86018'56" East, a distance of 2,556.75 feet for the Point of Beginning;
thence continue North 86018'56" East, a distance of 824.28 feet; thence South 19004'31" East, a
distance of 371.59 feet; thence South 24027'31" East, a distance of 493.42 feet; thence South
87053'15" West, a distance of289.67 feet; thence South 67043'02" West, a distance of501.80 feet;
thence North 22035'17" West, a distance of 1,027.10 feet to the Point of Beginning.
Together with the right to use a 60 foot road and utility easement for ingress and egress described
as follows:
A 60 foot road and utility easement between the FEC 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 above described 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 of2,619.48 feet; thence North 87053'15" East, a distance of2,258.67 feet to a point
on the Easterly R/W line of the FEC Railway, a 100 foot R/W; thence North 22035'17" W 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! ,340.95 feetto the termination of this description on the Westerly R/W
line ofU. S. Highway No.1.
PARCEL #3
A part ofU. S. Lots 1 and 2, 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 1,400.00 feet; thence North 86018'56" East, a distance of
3,571.00 feet for the Point of Beginning; thence South 22055'51" East, a distance of 874.06 feet;
thence North 87053'15" East, a distance of528.50 feet; thence North 22055'51" West, a distance of
889.42 feet; thence South 86018'56" West, a distance of 523.24 feet to the Point of Beginning. 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 a 60 foot road and utility
easement for ingress and egress as described below:
A 60 foot road and utility easement between the FEC 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 described property, said easement being that 30 foot strip of land 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 34, a distance of2,619.48 feet; thence North 87053'15" East, a distance of2,258.67 feet to
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2004-0-42
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a point on the Easterly R/W line of the FEC Railway, a 100 foot R/W: thence North 22035'17" 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 of 289.97 feet: thence North 67043'02" East, a distance of 993.68 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 ofU. S. Highway No.1.
Excepting from the above Parcel 3, those lands described in Official Records Book 2717, Page 1263,
Public Records of Vol usia County, Florida.
And less and except the following described parcel:
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 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
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 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 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 footR/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.
Containing 28 ::!:: acres more or less.
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Underlined passages are added.
2004-0-42
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