2004-O-3412/17/2004 11:28 AM
Instrwmtf 2004-318775
Book: 5458
Page: 1282
ORDINANCE NO.2004-0-34
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WEST OF U.S. HIGHWAY NO. I AND
NORTHWEST OF 4115 SOUTH U. S. HIGHWAY NO. 1,
VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER,
FLORIDA; SUBJECT TO THE JURISDICTION,
OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE
MUNICIPALITY AND TERMS OF THE ANNEXATION
AGREEMENT; 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.
�A S� WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
Nsc� determinations:
M �(
1. Miranda F. Fitzgerald of Lowndes, Dmsdick, Doste, Kantor & Reed, P.A., is the
agent of record for Oak Hill Land, LLC., Edgewater Properties, LLC., The Southeast Volusia
Hospital District, and Dixie Highway, LLC., who are the owners of property located West of U. S.
Highway No. 1 and Northwest of 4115 South U. S. Highway No. 1, within Volusia County, Florida.
Subject property contains approximately 68.79 ± acres.
2. The owners 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 4 of the City of Edgewater are hereby designated
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2004-0-34
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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.
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 and
to the terms of that certain Annexation Agreement which is attached hereto and incorporated herein
as Exhibit "C".
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 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.
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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,
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.
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PARTF.
ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Rhodes, 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
The second reading/public hearing of this ordinance was held during the November 1, 2004
City Council meeting was continued until the December 6, 2004 City Council meeting.
After Motion byCouncilwoman Rhodes
and Second by Councilwoman Lichter
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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Book: 5458
O O Page: 1266
PASSED AND DULY ADOPTED this 6th day of December , 2004.
ATTEST:
Susim .l. \ adsworth
City Clerk
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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2004-0-34 5
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: $f Ce��
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.
6 F.
Book: 5458
�1 n Page: 1287
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
ITEM #1
Parcel 1 described as the Northeast 1/4 of the Southeast 1/4 of the Southwest 1/4, Section 13,
Township 18 South, Range 34 East, Volusia County, Florida.
Containing 10 acres more or less.
ITEM #2
A portion of U. S. Lot 4, Section 13, Township 18 South, Range 34 East and described as follows:
Beginning at the intersection of the South line of said U. S. Lot 4 and the Westerly R/W line of U.
S. Highway No. 1, a 158 foot R/W as now laid out; thence S 8703743" W along the Southerly line
of said U. S. Lot 4, a distance of 1,215.45 feet to the Southwest comer of said U. S. Lot 4; thence
N 0049'29" W along the West line of said U. S. Lot 4, a distance of 660 feet; thence N 87037'22" E,
a distance of 950.08 feet to the said Westerly R/W line of U. S. Highway No. 1; thence S 2205600"
E along said Westerly R/W, a distance of 704.76 feet to the Point of Beginning.
ITEM #3
Parcel 6 described as a portion of U. S. Lot 4, Section 13, Township 18 South, Range 34 East, and
described as follows:
Commence at the intersection of the South line of U. S. Lot 4 and the Westerly Right -of -Way line
of U. S. Highway No. 1, a 158 foot Right -of -Way as now laid out; thence North 22056'00" West
along said Westerly Right -of -Way a distance of 704.76 feet to the Point of Beginning; thence South
870371221, West, a distance of 950.08 feet to the West line of said U. S. Lot 4; thence North 0049'29"
West along said Westerly line of U. S. Lot 4, a distance of 660 feet to the Northwest corner of said
U. S. Lot 4; thence North 87036'44" East along the Northerly line of U. S. Lot 4, a distance of 684.72
feet to the Westerly Right -of -Way line of U. S. Highway No. 1; thence South 2205600" East, along
said Westerly Right -of -Way, a distance of 704.75 feet to the Point of Beginning.
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ITEM #4
A portion of U. S. Lot 4, Section 13, Township 18 South, Range 34 East and described as follows:
Commence at the intersection of the South line of U. S. Lot 4 and the Westerly Right -of -Way line
of U. S. Highway No. 1, a 158 foot Right -of -Way as now laid out; thence North 22056'00" West
along said Westerly Right -of -Way a distance of 704.76 feet for the Point of Beginning; thence South
87037122" West, a distance of 300.00 feet; thence North 22056'00" West and parallel to the said
Westerly Right -of -Way line a distance of 352.37 feet; thence North 87037'22" East, a distance of
300.00 feet to the said Westerly Right -of -Way line; thence South 22056'00" East, along said
Westerly Right -of -Way line, a distance of 352.37 feet to the Point of Beginning.
ITEM #5
The Northwest 1/4 of the Southeast I/4 of the Southwest 1/4, Section 13, Township 18 South, Range
34 East, Volusia County, Florida.
And
The Southwest 1/4 ofthe Southeast 1/4 ofthe Southwest 1/4, Section 13, Township 18 South, Range
34 East, Volusia County, Florida.
And
The Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4, Section 13, Township 18 South, Range
34 East, Volusia County, Florida.
Containing 68.79 ± acres more or less.
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2004-0-34
C�
Book: 5458
^. Page: 1289
Diane M. Matousek
Volusia County, Clerk of Court