2004-O-41
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ORDINANCE NO. 2004-0-41
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WEST OF U. S. HIGHWAY #1 AND SOUTH OF
RELOCATION ROAD, VOL USIA COUNTY, INTO THE CITY
OF EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEW A TER
CORPORATE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOL USIA
COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER
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. Trajan Joe Sfera and Persa Sfera and Jon Sfera and Selvie Sfera are the
owners/applicants for property located west of U. S. Highway #1 and south of Relocation Road,
within Volusia County, Florida. Subject property contains approximately 12.01 :!: 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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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 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 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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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 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 b~ouncilman Vincenzi
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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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
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2004-0-41
CITY COUNCIL OF THE
CITY OF EDGE/JWAATER, FLORIDA
By: �M✓ot -
Donald A. Schmidt
Mayor
R— obin L�.�I�atusick
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.
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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 part ofD. S. Lot 1, Section 24, Township 18 South, Range 34 East, and being more particularly
described as follows:
Commence at the N.E. comer of said Section 24, thence N 8r37'43" E along the North line of said
Section 24, a distance of3,877.35 feet to the Westerly Right-of-Way line ofD. S. No.1, a 158 feet
Right-of-Way is now laid out; thence S 22055'51" E along said Westerly Right-of-Way a distance
of693.33 feet for the Point of Beginning; thence continue along said Westerly Right-of-Way line
a distance of350.00 feet; thence S 86058'19" W a distance of265.88 feet; thence S 220255'51" E a
distance of346.56 feet; thence S 86018'56" W a distance of 774.65 feet; thence N 03041'04" Wa
distance of663.87 feet; thence N 86058'19" E a distance of810.96 feet to the Point of Beginning.
Together with the right to use, for ingress and egress, a 60 foot road and utility easement being
described as follows:
Commence at the NW comer of said Section 24, Township 18 S, Range 34 E, thence N 87037'43"
E along the N line of said Section 24, a distance of3,877.35 feet to the Westerly Right-of-Way line
ofD. S. Highway No.1, a 158 feet Right-of-Way is now laid out; thence S 22055'51" E along said
Westerly Right-of- Way a distance of 661.42 feet for the Point of Beginning; thence S 86058'19" W
a distance of 2,132.80 feet; thence S 02022'17" E a distance of60 feet; thence N 86058'19" E a
distance of2,155.21 feet to the said Westerly Right-of-Way ofU. S. No.1; thence N 22055'51" W
along said Right-of-Way a distance of63.81 feet to the Point of Beginning, being a part of Section
24, Township 18 S, Range 34 E.
Containing 12.01 ::!: acres more or less.
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Diane M. Matousek
Volusia County, Clerk of Court
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