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2017-O-42 11/20/2017 3:36:26 PM Instrument# 2017224904 6 pages Book: 7474 Page: 103 Electronically Recorded By Volusia County Clerk of the Court ORDINANCE NO. 2017-0-42 AN ORDINANCE ANNEXING .92± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 4265 SOUTH RIDGEWOOD AVENUE (PARCEL IDENTIFICATION NUMBER 8538-10-00-0050), 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. Ron Engele, applicant for Tower Boyz, LLC, has applied for annexation of property located at 4265 South Ridgewood Avenue. within Volusia County, Florida. Subject property contains approximately .92± 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 within the Interlocal Service Boundary Agreement mutually adopted by Volusia County and the City. 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 September 13. 2017, the Board recommended that the property be annexed into the City of Edgewater. Struck through passages are deleted Underlined passages are added 2017-0-42 NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, 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. PART C. SEVERABILITY AND APPLICABILITY. Struck through passages are deleted Underlined passages are added 2017-0-42 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 Councilwoman Power with second by Councilman Blazi,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 Struck through passages are deleted Underlined passages are added 2017-0-42 After motion to approve by "yt=X11-©I-c-- 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 N Councilman Dan Blazi Councilman Gary Conroy PASSED AND DULY ADOPTED this 13th day of November, 2017. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA lZe /Arqr,./ By: 4 Robin Matusick Mike Ignasiak City Clerk/Paralegal Mayor For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 13th day of legality by: Aaron R. Wolfe, Esquire November, 2017 under Agenda Item No. City Attorney 8 1 Doran, Sims, Wolfe&Ciocchetti Struck through passages are deleted Underlined passages are added 2017-0-42 EXHIBIT "A' LEGAL DESCRIPTION The West 200 feet of Lot 5, Riverfront Estates Unit No. 2, according to the Plat thereof,recorded in Map Book 19, Page(s) 31, of the Public Records of Volusia County, Florida. Less and except any portion taken for State Road purposes. And being more particularly described as follows: The Westerly 200 feet of Lot 5, lying Easterly of the 250 foot Right-Of-Way of State Road US- 1, as now laid out, as measured along the Northerly and Southerly lines of said Lot 5, Riverfront Estates Unit No. 2, according to the plat thereof, recorded in Map Book 19, Page 31, of the Public Records of Volusia County, Florida. Containing.92±acres more or less and being in Volusia County,Florida This legal description includes any/all adjoining right-of-way relating to the subject property. Struck through passages are deleted Underlined passages are added 2017-0-42 EXHIBIT"B" . \- -__ � `,,t (P \ \---$..14eci°1. \ 13IS o �' \ \ ti /\ 'V R.\or.enee CtWE/ERT RD \ '` 1, 1 04''''''' µ A 4 2 *tP t a 51 Struck through passages are deleted Underlined passages are added 2017-0-42