2004-O-4012/13/2004 12:14 PH
4 Instruenti 2004-312350
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Page: 4284
ORDINANCE NO.2004-0-40
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WEST OF 4100 SOUTH U. S. HIGHWAY #1 AND
WEST OF RELOCATION 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
�(" 1 determinations:
\�
(9 1. Emestina D. Kayat, Trustee of the Emestina D. Kayat Revocable Trust Agreement
is the owner/applicant for property located west of 4100 South U. S. Highway #1 and west of
Relocation Road, within Volusia County, Florida. Subject property contains approximately 37.26±
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.
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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 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 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 Councilwoman Rhodes 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 by Counc i] mall- V invenz-L
V
and Second by
CounciLwoman Lichter ,
J-
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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2004-0-40
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
sy:
Donald A. Schmidt
Mayor
-may 1 'N-; o ,.. /f
Robin . Matuskk
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 G.
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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 ofU. S. Lots 1 and 2, and a portion of the Northwest 1/4 of Section 24, Township 18 South,
Range 34 East, also known as Parcels G-l, H-l and a portion ofI-l, and all being more particularly
described as follows:
Commence at the Northwest corner of said Section 24, Township 18 south, Range 34 East; thence
North 87037'43" East, along the North line of said Section 24, a distance of 1,977.01 feet for the
Point of Beginning; thence continue North 87037'43" East, a distance of 1,214.66; thence South
22055'51" East a distance of 701.65 feet to the centerline of a 60 foot road and utility easement;
thence South 86058'19" West, along said centerline, a distance of 128.72 feet; thence South
03041'04" East a distance of 663 .84 feet; thence South 860 18'56" West, a distance of 1,098.41 feet;
thence North 02041 '04" West, a distance of 676.40 feet to the said centerline of easement; thence
South 86058'19" West along said centerline a distance of245.76 feet; thence North 02022'17" West,
a distance of 673.71 feet to the Point of Beginning. Containing 37.26 acres more or less. Subject
to an together with the right to use a road and utility easement described as follows:
Commence at the Northwest corner of Section 24, Township 18 South, Range 34 East; thence North
87037'43" East along the North line of said Section 24 a distance of3,876.74 feet to the Westerly
R/W line ofU. S. Highway No.1, a 158 foot R/W as now laid out; thence South 22055'51" East
along said Westerly R/W a distance of 661.42 feet for the Point of Beginning; thence South
86058'19" West a distance of 2,132.80 feet; thence South 02022'17" East a distance of 60.00 feet;
thence North 86058'19" East a distance of2,155.21 feetto the said Westerly R/W ofU. S. Highway
No.1; thence North 22055'51" West along said R/W a distance of 63.81 feet to the Point of
Beginning. Being a part of Section 24, Township 18 South, Range 34 East.
Containing 37.26 i acres more or less.
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Diane H. Matousek
Volusia Count Cl
y, erk of Court
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