2017-O-32 11/17/2017 1:51:49 PM
Instrumentt 2017223798 7 pages
Book: 7473 Page: 2147
Electronically Recorded By
Volusia County Clerk of the Court
ORDINANCE NO. 2017-0-32
AN ORDINANCE ANNEXING 20.4± ACRES OF CERTAIN REAL
PROPERTY LOCATED NORTH OF CLINTON CEMETERY ROAD;
SOUTH OF RELOCATION ROAD AND EAST OF THE FEC RAILROAD
(PARCEL IDENTIFICATION NUMBERS 8424-00-00-0024 AND 8424-00-
00-0027), 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, applicant for Charles J. Barry, has applied for annexation of
property located north of Clinton Cemetery Road, south of Relocation Road and east of FEC
Railroad, within Volusia County, Florida. Subject property contains approximately 20.4±acres.
2. The 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. 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 August 9, 2017, the Board
recommended that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
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Florida:
PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY
OF EDGEWATER, 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 Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the
Volusia 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 Volusia County, Florida.
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F. ADOPTION.
After motion to approve by Councilman Blazi with second by Councilwoman Power, the
vote on the first reading of this ordinance held on October 2, 2017 was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary Conroy X
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.
After motion to approve by C. -Xis ���c�, with second
by }� the vote on the second
reading/public hearing of this ordinance held on November 13, 2017 was as follows:
AYE NAY
Mayor Mike Ignasiak N
Councilwoman Christine Power N
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary Conroy N
PASSED AND DULY ADOPTED this is day off ) . 2017.
C
rte.. -�;
ATTESTis CITY COUNCIL OF THE
CITY OF EDGEWATE FLORIDA
1 -rr�4� LCA $y�/�71�� P��✓l‘
Robin Matu4t'eRi .n%> ' Mike Ignasiak
City Clerk/Paralegal ' Mayor
For the use and reliance only by the City of Approved by the City Council of the Cit of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this J3 '`day
legality by: Aaron R. Wolfe, Esquire of rt6.1 2017 under Agenda Item No.
City Attorney 8 ' .
Doran, Sims, Wolfe&Ciocchetti
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EXHIBIT"A'
LEGAL DESCRIPTION
PARCEL F: A part of the North 1/2 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 the said Section 24; thence S
00°34'36" E along the West line of said Section 24, a distance of 1400.00 feet; thence N
86°18'56" E, a distance of 1753.50 feet to a point on the Easterly R/W line of the said FEC
railway. said point being also the Point of Beginning; thence S 22°35'17"E along the said
Railway Easterly R/W line, a distance of 1206.60 feet; thence N 89°49'38" E, a distance of
211.72 feet; thence N 67°43'02" E, a distance of 166.15 feet; thence N 22°35'17" W, a distance
of 1164.29 feet; thence S 86°18'56" W a distance of 382.50 feet to the Point of Beginning.
Subject to and together with the right to use a 60 foot road and utility easement for ingress and
egress described in Official Records Book 2067. page 1766. Public Records of Volusia County,
Florida. less and except the following described parcel: A part of the North 1/2 of Section 24,
Township 18 South, Range 34 East, lying Easterly of the Florida East Coast Railway, a 100 foot
R/W, said, exception being more particularly described as follows: Commence at the Northwest
corner of said Section 24; thence S 00°34'36" E along the west line of said Section 24, a distance
of 1400.00 feet; thence N 86°18'56" E, a distance of 1753.50 feet to a point on the Easterly R/W
line of the said FEC railway; thence S 22°35'17" E along the said Railway Easterly R/W line, a
distance of 1206.60 feet for the Point of Beginning of said exception; thence N 89°49'38" E a
distance of 211.72 feet; thence N 67°43'02" E, a distance of 101.08 feet to the Southerly edge of
an existing shell road; thence S 79°51 '26" W along said Southerly edge of shell road, a distance
of 57.78 feet; thence S 86°55'39" W along said Southerly edge of shell road. a distance of 41.61
feet; thence S 88°10'44" E along said Southerly edge of shell road, a distance of 107.48 feet;
thence S 84°39'50" W along said southerly edge of shell road, a distance of 41.57 feet; thence S
73°35'22" W along said southerly edge of shell road, a distance of 63.95 feet to the said Easterly
line of the FEC Railway; thence S 22°35'17" E along said Easterly line. a distance of 8.70 feet to
the Point of Beginning. Subject to a 60 foot road and utility easement for ingress and egress
described in Official Records Book 2067, page 1766, Public Records of Volusia County. Florida.
AND
A part of the Northwest 1/4 of Section 24. Township 18 South. Range 34 East and being more
particularly described as follows: Commence at the Northwest corner of said Section 24, thence
North 87° 37' 43" East along the North line of said Section 24. a distance of 1208.69 feet to the
Easterly Right-of-Way line of Florida East Coast Railroad; thence South 22°35'17" East along
said Easterly Right-of-Way line, a distance of 724.30 feet to the Point of Beginning; thence
North 86°58' 19" East a distance of 763.85 feet: thence South 02°41'04" East a distance of
676.43 feet; thence South 86°18'56" West a distance of 517.39 feet to the said Easterly Right-of-
Way of the Florida East Coast Railroad; thence North 22°35'17" West along said Right-of-Way a
distance of 724.13 feet to the Point of Beginning. The Northerly 30 feet of the Easterly 245.80
feet 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. described as follows:
Commence at the Northwest corner of Section 24. Township 18 South. Range 34 East; thence
North 87°37'43" East along the North line of said Section 24. a distance of 3877.35 feet to the
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Westerly Right-of-Way line of U.S. Highway No. 1 a 158 foot Right-of-Way as now laid out;
thence South 22°55'51" East along said Westerly Right-of-Way a distance of 693.33 feet for the
Point of Beginning; thence South 86°58'19" West a distance of 2,132.80 feet; thence South
02°22'17" East a distance of 60.00 feet; thence North 86°58'19" East a distance of 2,155.21 feet
to the said Westerly Right-of-Way of U.S. No. 1. thence North 22°55'5 1" West along the said
Right-of-Way a distance of 63.81 feet to the Point of Beginning, being a part of Section 24,
Township 18 South. Range 34 East. Volusia County. Florida.
Containing 20.4±acres more or less and being in Volusia County, Florida
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EXHIBIT "B"
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0 Subtecc Property
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