2004-O-4408/23/2005 12:00 PH
y� trueentl 2005-23M X 1
. 4JNotlook: 5633
CORRECTED Page: 340
ORDINANCE NO.2004-044
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.
l ` 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 west of U. S. Highway # 1 and north of Clinton
Cemetery Road, within Volusia County, Florida. Subject property contains approximately 6i-14.70
± 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.
Strack dBougk passages are deleted. THIS DOCUMENT IS BEING RECORDED TO REFLECT
Underlined passages are added. A CORRECTED LEGAL DESCRIPTION AND TOTAL OF 4.70 ACRES
AND SUPERCEDES THAT DOCUMENT RECORDED IN OR 5453/PG 4314
2004-0-44 1
Inst rument# 2005-230354 1/ ;>
[look -l'if"VY:3 .
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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 Edgewater 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 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.
Stlnck tluongh passages are deleted.
Underlined passages are added.
THIS DOCUMENT IS BEING RECORDED TO REFLECT
A CORRECTED LEGAL DESCRIPTION AND TOTAL OF 4.70 ACRES
AND SUPERCEDES THAT DOCUMENT RECORDED IN OR 5453/PG 4314
2004-0-44
2
PART C.
.,
SEVERABILITY AND APPLICABILITY.
Instrument# 2005..230354 # 3
'~()(Jk: ~)[)33
-.""f-) .-~ f::J (:;: :3 4 2
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 Councilman Brown, the vote on the
first reading of this ordinance held on November I, 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
StlUGk t1l1ou&h passages are deleted.
Underlined passages are added.
THIS DOCUMENT IS BEING RECORDED TO REFLECT
A CORRECTED LEGAL DESCRIPTION AND TOTAL OF 4.70 ACRES
AND SUPERCEDES THAT DOCUMENT RECORDED IN OR 5453/PG 4314
2004-0-44
3
Instmmntl 2005-23M R 4
T ook: 5633
age: 343
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 Councilwoman Lichter 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
PASSED AND DULY ADOPTED this 6th day of December, 2004.
ATTEST:
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
Strnek th ads' passages are deleted.
Underlined passages are added.
2004-0-44
CITY COUNCIL OF THE
CITY OF EDGEWWADTER, FLORIDA
q ByI Y�WOl
yJ:
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. 6K.
THIS DOCUMENT IS BEING RECORDED TO REFLECT
A CORRECTED LEGAL DESCRIPTION AND TOTAL OF 4.70 ACRES
IUPERCEDES THAT DOCUMENT RECORDED IN OR 5453/PG 4314
'-'
Instrument# 2005-230354 # 5
Book: Sfi33
"",., F) Cl. ~l e: ~3 4 4
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
A paIeel oflalld lying in Section 24, To~mjhip 18 South, Range 34 East, Volusia County, Plodda,
being more particularly described as follo~s.
CommellcC<tl: thc North~est COiner of said Section 24 and lUn South 00033'52" East along the West
line of said Section 24, a distance of 1,400.00 fGet, thence North 86018'56" East, a distance of
4,094.24 feet to the POn~T or DEGINNING, thence continue North 86018'56" East, a distance of
315.08 fceHothe Westerly Right-of-W~ line ofD. S. IIighw~ Number 1 (a 158 foot ~ideright-of-
way), thence South 22055'51" East along said Vv'c,sterly Right-of- W~ line, adistallce of898.64 feet,
thcnce South 87053'15" 'Vest, a distance of] 18.25 feet, thence North 22055'51" 'yVest, a distance of
889.39 feet to the POINT or DEGINNING.
Containing 6.111- acres more or less.
Subject to an Ingress/Egress and Utility Easement over the South 30 feet as described in Official
Records Dook 2067, Page 1766 of the Public Records of Vol usia County, Plorida.
Stltlc,k tluough passages are deleted.
Underlined passages are added.
THIS DOCUMENT IS BEING RECORDED TO REFLECT
A CORRECTED LEGAL DESCRIPTION AND TOTAL OF 4.70 ACRES
AND SUPERCEDES THAT DOCUMENT RECORDED IN OR 5453/PG 4314
2004-0-44
5
....,.
Instrument# 2005--230354 II [)
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EXHIBIT "A"
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 lying in Section 24. Township 18 South. Range 34 East. V olusia County. Florida.
being more particularly described as follows:
Commence at the Northwest corner of said Section 24 and run South 00033'52" East along the West
line of said Section 24. a distance of 1.400.00 feet: thence North 86018'56" East. a distance of
4.094.24 feet: thence South 22055'51" East. a distance of 201.03 feet to the Point-of-Beginning:
thence North 87052'59" East. a distance of318.24 feet to the Westerly Right-of-Way Line ofU. S.
HighwayNumber 1 (a 158 foot wide right-of-way): thence South 22055'51 "Eastalongsaid Westerly
Right-of-Wav Line. a distance of 688.39 feet: thence South 87053'15" West. a distance of 318.25
feet: thence North 22055'51" West. a distance of 688.36 feet to the Point-of-Beginning.
Containing 4.70 acres more or less.
Subiect to an Ingress/Egress and Utility Easement over the South 30 feet as described in Official
Records Book 2067. Page 1766 of the Public Records of Vol usia County. Florida.
Subiect to a perpetual right-of-way easement forroad purposes as described in Deed Book 285. Page
125. portions of which were released per Official Records Book 128. Page 278. inclusive of the
Public Records of Vol usia County. Florida.
Stll1Gk tluol1gh passages are deleted.
Underlined passages are added.
THIS DOCUMENT IS BEING RECORDED TO REFLECT
A CORRECTED LEGAL DESCRIPTION AND TOTAL OF 4.70 ACRES
AND SUPERCEDES THAT DOCUMENT RECORDED IN OR 5453/PG 4314
2004-0-44
6
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Volusia County Clerk of C
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CUtfiUN
.CEMETERY RD
12/13/2004 12:14 PM
+Instnaentt 2004-312362
D1 Book: 5453
Page: 4314
ORDINANCE NO.2004-0-44
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:
'(g 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 # I and north of Clinton
Cemetery Road, within Volusia County, Florida. Subject property contains approximately 6.11±
acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
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.
St aeklhreugh passages are deleted.
Underlined passages are added.
2004-0-44
E~ook: 5453
Life': -4 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 ofthe 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.
StltlGk tIuongl. passages are deleted.
Underlined passages are added.
2004-0-44
2
Book: 54~)~:3
4 '1
--
...,
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.
PARTF.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Brown, 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
Stl t1Gk till OtI!\h passages are deleted.
Underlined passages are added.
2004-0-44
3
f300k :[j4 53
f.J (: : -1' --l
'--
'-tJ
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 Councilwoman Lichter
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
Stltlek t1uongh passages are deleted.
Underlined passages are added.
2004-0-44
4
A
Book: 5453
/1 Page: 4318
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
81 nektlrcengb passages are deleted.
Underlined passages are added.
2004-0-44
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
t�N2�,IC
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 K.
Book: 54~):J
rJe: 4
~
..".,
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 lying in Section 24, Township 18 South, Range 34 East, V olusia County, Florida,
being more particularly described as follows:
Commence at the Northwest comer of said Section 24 and run South 00033'52" East along the West
line of said Section 24, a distance of 1,400.00 feet; thence North 86018'56" East, a distance of
4,094.24 feet to the POINT OF BEGINNING; thence continue North 86018'56" East, a distance of
315.08 feet to the Westerly Right-of- Way line ofU. S. Highway Number 1 (a 158 foot wide right-of-
way); thence South 22055'51" East along said Westerly Right-of- Way line, a distance of898.64 feet;
thence South 87053'15" West, a distance of318.25 feet; thence North 22055'51" West, a distance of
889.39 feet to the POINT OF BEGINNING.
Containing 6.11 ::!:: acres more or less.
Subject to an Ingress/Egress and Utility Easement over the South 30 feet as described in Official
Records Book 2067, Page 1766 of the Public Records of Vol usia County, Florida.
StItlck tluotl!\h passages are deleted.
Underlined passages are added.
2004-0-44
6
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