2004-O-37
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ORDINANCE NO. 2004-0-37
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 2203 SOUTH RIDGEWOOD AVENUE,
VOLUSIA 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 FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Halstead Resources Incorporated are the applicant for Nohra L. Hohn, Thomas and
Patricia Sokol who are the owners of property located 2203 South Ridgewood A venue, within
V olusia County, Florida. Subject property contains approximately 2.3 i: acres.
2. The owners/applicants have 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 3 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.
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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 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.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
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2004-0-37
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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 Councilwoman Rhodes and Second by Councilman Brown, the vote on the
first reading of this ordinance held on October 18, 2004, was as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
Councilman James P. Brown X
Councilman Dennis Vincenzi ABSENT
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
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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.
Begin at the point where the North line of the West Y2 of the Northeast 1/4 of Section 2, Township
18 South, Range 34 East intersects the Easterly Right-of-Way line of the United States No.1
Highway, a 66 foot Right -of- Way; thence South 26026' East along said Easterly Right -of- Way line
a distance of 100 feet; thence East to the West bank of the Indian River North bank a distance of 1 00
feet more or less, being the point where the North line of the West Y2 of the Northeast 1/4 of Section
2, Township 18 South, Range 34 East prolonged intersects the West bank of said Indian River North;
thence West along said last mentioned line to the Point of the Beginning; excepting, however, a 20
foot strip on the South line of said property beginning at point 480 feet East of the East line of
United States Highway No.1, a 66 foot Right-of-Way and running Easterly along the Southern part
of the premises hereby conveyed to the West bank of the Indian River North, and excepting further,
that part of the North 100 feet, measured on the Highway of the West 200 feet of the West 12 of the
Northeast 1/4 Section 2, Township 18 South, Range 34 East, which lies East of and adjacent to the
existing Right-of-Way of State Road 5 (U.S. #1) lying East of and within 125 feet of the existing
centerline of said State Road 5 (U.S. #1), being the West 92 feet of the land herein and above
described.
Together with the following described property, also located in Volusia County, Florida, to wit:
The North 69.5 feet ofthe feet of the following described property:
That certain filled and semi-submerged land lying Easterly from the North 89.5 feet ofthe U. S. Lot
6, Section 2, Township 18 South, Range 34 East, described as follows: Begin at the Northeast corner
of the above-described property thence North 620 East 253.46 feet to the West Right-of-Way line
of the Intracoastal Waterway: thence South 26014'53" East 101.4 feet; thence 620 West 250.36 feet;
thence North 280 West 101.35 feet to the Point of Beginning.
Containing 2.3 ::!:: acres more or less.
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AfterMotionby Councilwoman Lichter andSecondby Councilman Brown
the vote on the second reading/public hearing of this ordinance held on November 1, 2004, was as
follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown --
Councilman Dennis Vincenzi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter —
PASSED AND DULY ADOPTED this laL day of Plnvnmher , 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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2004-0-37
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CITY COUNCIL OF THE
CITY OF EDGEW(A—TEE�R, FLORIDA
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 1 st day of
November, 2004 under Agenda Item No.
6B
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Diane M. Matousek
Volusia County, Clerk of Court
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