2004-O-31
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07/12/2005 04:02 PM
Instrument# 2005-186131 #- 1
Book: ~')~jBa
i19f?:: 2870
ORDINANCE NO. 2004-0-31
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED NORTH OF ST ATE ROAD #442 AND EAST AND
WEST OF INTERST ATE 95 (1-95), 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, VOLUSIA
COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF ST ATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
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1. Dan Robison, Highway 442 Partners, LLC, is the applicant/agent of record for
Vincent and Pamela Snowden who are the owners of property located North of State Road #442 and
East and West oflnterstate 95 (1-95), within Volusia County, Florida. Subject property contains
approximately 5,610.43 ::t acres. The property is under contract with Highway 442 Partners, LLC.
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 2 of the City of Edgewater are hereby designated
to include the property described herein.
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2004-0-31
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Instrument# 2005-186131 II 2
Book: ~:>E)B8
Paq(:~: 2811
....,
5. During the Planning and Zoning Board meeting on September 15,2004, the Board
recommended by a vote of 6 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 ofthe 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 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 ofthis 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.
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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2004-0-31
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rument# 2005--186131 # 3
BooK.: ~)598
..." Pa~Jf:;: 28-'2
PARTC.
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.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Brown, the vote on the
first reading of this ordinance held on October 4,2004, 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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2004-0-31
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Instrument# 2005-186131 # 4
Book: 5598
Pi]fJf~: 28-73
The second reading/public hearing of this ordinance held during the December 6, 2004 City
Council meeting was continued until the January 24,2005 City Council meeting.
The second reading/public hearing of this ordinance held during the January 24, 2005 City
Council meeting was continued until the March 7, 2005 City Council meeting.
The second reading/public hearing of this ordinance held during the March 7, 2005 City
Council meeting was continued until the May 2, 2005 City Council meeting.
The second reading/public hearing of this ordinance held during the May 2, 2005 City
Council meeting was continued until the June 20, 2005 City Council meeting.
After Motion by Councilman Brown and Second by Councilman Vincenzi, the vote on the
second reading/public hearing of this ordinance held on June 20, 2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
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2004-0-31
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Instrueent# M-186131 # 5
Book: 5598
Page: 2874
PASSED AND DULY ADOPTED this 20th day of June 2005.
ATTEST:
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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2004-0-31
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
di dy Lichter
Vice -Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 20th day
of June, 2005 under Agenda Item No. I A
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Instrument. 2005-186131 # 6
Book.: ~:)5!38
,..., 2 B (7
EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
The South Y2 of the Southwest 1/4 and the South Y2 of the Southeast 1/4, Section 32, Township 17
South, Range 33 East; the South Y2 of the Southwest 1/4, the Southwest 1/4 of the Southeast 1/4, the
Southeast 1/4 of the Southeast 1/4, the Southwest 1/4 of the Northeast 1/4 of the Southeast 1/4, the
Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4, the Northeast 1/4 of the Northeast 1/4 of the
Southeast 1/4, the Southeast 1/4 of the Southeast 1/4 of the Northeast 1/4 and the Northeast 1/4 of
the Southeast 1/4 of the Northeast 1/4, Section 33, Township 17 South, Range 33 East; the South
~ of the Northwest 1/4, the South ~ of the Northeast 1/4, the Southwest 1/4 and the Southeast 1/4,
Section 34, Township 17 South, Range 33 East; that portion of the South ~ of the Northwest 1/4,
the Southwest 1/4 and the Southeast 1/4, lying southwesterly oflnterstate 95, Section 35, Township
17 South, Range 33 East; that portion of Section 6, Township 18 South, Range 34 East, lying
southwesterly of Interstate 95; all of Section 1 and 2, Township 18 South, Range 33 East; and
Section 3, Township 18 South, Range 33 East, excepting therefrom five (5) acres in Government Lot
14, described as follows: Beginning at the Southeast corner of said Section 3; thence West on the
South line of said Section 660 feet; thence North 330 feet; thence East 660 feet to the East line of
said Section 3; thence South on the Section line 330 feet to the place of beginning; All being more
particularly described as follows: For a Point of Beginning, commence at the southwest corner of
said Section 3, thence North 00023'50" West, along the west line of said Section 3, a distance of
9,268.62 feet to the south line of said Section 32; thence South 88053'05" West, along said south line
of Section 32, a distance of 1,121.77 feet to the southwest corner of said Section 32; thence North
01045'25" West, a distance of 1,317.75 feet to the northwest comer of said South ~ of the Southwest
1/4 of Section 32; thence North 88048'27" East, a distance of 5,316.15 feet to the northwest corner
of said South ~ of the Southwest 1/4 of Section 33; thence North 88044'47" East, a distance of
3,973.41 feet to the northwest comer of said Southeast 1/4 of the Southeast 1/4 of Section 33; thence
North 01045'54" West, a distance of663.33 feet to the northwest corner of said Southwest 1/4 of the
Northeast 1/4 of the Southeast 1/4 of Section 33; thence North 88044'01" East, a distance of661.32
feet to the Northwest comer of said Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of
Section 33; thence North 01050'38" West, a distance of 1 ,990.46 feet to the northwest corner of said
Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 33; thence North 88041'43" East,
a distance of658.58 feet to the northwest comer of said South Y2 of the Northwest 1/4 of Section 34;
thence North 88035'24" East, a distance of5,293.36 feet to the northwest comer of said South ~ of
the Northwest 1/4 of Section 35; thence North 88007'06" East, along the north line of said South Y2
of the Northwest 1/4 of Section 35, a distance of884.36 feet to the westerly right of way oflnterstate
95; thence southeasterly along said westerly right of way the following four (4) courses: South
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2004-0-31
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Instrument# 2005--186131 # 7
[,ook: ~j5~38
"""" Po1l{Jf:;:
29053'36" East, a distance of 452.54 feet; thence South 29052'56" East, a distance of 1053.25 feet;
thence South 29053'27" East, a distance of 1127.04 feet; thence South 29053'23" East, a distance of
1141.37 feet to the east line of the Southwest 1/4 of Section 35, Township 17 South, Range 33 East;
thence South 02012'17" East, along said east line ofthe Southwest 1/4; a distance of 700.28 feet to
the Southwest corner of the Southeast 1/4 of said Section 35; thence North 88044'36" East, along the
south line of said Southeast 1/4, a distance of 370.66 feet to said westerly right of way of Interstate
95; thence southeasterly, westerly and southerly along said westerly right of way the following
thirteen (13) courses: South 29052'54" East, a distance of1270.66 feet; thence South 29053'55" East,
a distance of 1005.54 feet; thence South 29052'17" East, a distance of 825.17 feet; thence 1130.44
feet along the arc of a curve to the right being non-tangent to the last described line, said curve
having a radius of8419.42 feet, a central angle of7041'34" and a chord of1129.59 feet which bears
South 26002' 11" East; thence South 220 11'19" East, along a line non-tangent to said curve, a distance
of670.91 feet; thence South 22011'1 0" East, a distance of1237.16 feet; thence South22011 '37" East,
a distance of 1206.17 feet; thence South 22011'45" East, a distance of 1523.09 feet; thence South
14031 '29" East, a distance of 1008.99 feet; thence South 06027'46" East, a distance of299.54 feet;
thence South 77055'29" West, a distance of264.56 feet; thence South 89041 '55" West, a distance of
332.81 feet; thence South 00018'05" East, a distance of 110.74 feet to the south line of said Section
6; thence leaving said right of way ofInterstate 95, North 89044'48" West, along said south line of
Section 6, a distance of 5373.15 feet to the southeast corner of said Section 1; thence South
89019'23" West, along the south line of said Section 1, a distance of 5288.04 feet to the southeast
corner of said Section 2; thence South 89014'48" West, along the south line of said Section 2, a
distance of 5299.92 feet to the southeast corner of said Section 3; thence North 00020'15" West,
along the east line of said Section 3, a distance of 330.00 feet; thence South 89001'09" West, a
distance of660.00 feet; thence South 00020'15" East, a distance of330.00 feet to the South line of
Section 3; thence South 8900 I '09" West, along the south line of Section 3, a distance of 4619.20 feet
to the Point of Beginning.
Containing 5,341.4 acres, more or less.
Along with the following:
A portion of Sections 5 and 6, Township 18 South, Range 34 East, lying easterly ofInterstate 95 and
northerly of Sate Road No. 442, being described as follows: For a Point of Beginning, commence
at the southeast corner of Section 35, Township 17 South, Range 33 East, said point being marked
by a 2-inch iron pipe and being Florida Department of Environmental Protection Agency Certified
Corner No. 0007493; thence North 88055'28" East, along the north line of said Section 6, a distance
of 182.61 feet; thence South 00049'43" West, a distance of 1002.14 feet to a 4" x 4" concrete
monument with an iron rod; thence South 28047'43" East, a distance of 574.76 feet; thence South
73008'10" West, a distance of 1165.65 feet; thence South 82026'40" West, a distance of 155.01 feet
to the easterly right of way ofInterstate 95; thence South 29052'14" East, along said easterly right
of way ofInterstate 95, a distance of 54.05 feet; thence North 82026'40" East, a distance of 138.56
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fnstrument# 2005-186131 # 8
Book: E:)5~3B
...." P <':l!;] f.';: 2 (3Tl
feet; thence North 73008'10" East, a distance of 1206.35 feet; thence South 53037'44" East, a
distance of727.93 feet to a 4" x 4" concrete monument with an iron rod; thence South 18034'33"
East, a distance of 2280.61 feet to a point, said point being South 88053'49" West, a distance of
50.01 feet from the northwest corner ofU. S. Lot 3, Section 5, Township 18 South, Range 34 East;
thence South 00028'46" West, a distance of 1342.03 feet to a 4" x 4" concrete monument with and
iron rod, said point being South 88053'49" West, a distance of 50.01 feet from the northwest corner
ofU. S. Lot 4 which is marked by a concrete monument marked "S1. Regis"; thence South 24024'03"
East, a distance of 4253.70 feet to the northerly right of way of State Road No. 442; thence westerly
and northwesterly along the northerly right of way of State Road No. 442 and the easterly right of
way oflnterstate 95 the following seven (7) courses: thence 255.39 feet along the arc of a curve to
the right being non-tangent to the last described line, said curve having a radius of 1809.86 feet, a
central angle of8005'06" and a chord of25 5 .18 feet which bears South 85039'22 " West, thence South
89041 '04" West, along a line non-tangent to said curve, a distance of 260.99 feet; thence North
82038'28" W, a distance of 225.62 feet; thence North 60011'39" West, a distance of 196.36 feet;
thence North 32000'21" West, a distance of 1116.30 feet; thence North 27025'11" West, a distance
of 494.74 feet; thence North 22011 '38" West, a distance of337.37 feet; thence North 67048'10" East,
leaving said easterly right of way ofInterstate 95, a distance of800.00 feet; thence North 22011 '50"
West, a distance of 900.00 feet; thence South 67048'10" West, a distance of 500.00 feet; thence
South 22011'50" East, a distance of850.00 feet; thence South 67048'10" West, a distance of300.00
feet to the easterly right of way ofInterstate 95; thence northwesterly along said easterly right of way
the following eight (8) courses: thence North 22011 '38" West, a distance of 1072.95 feet; thence
North 22011 '31 " West, a distance of 1206.12 feet; thence North 22011 '23 " West, a distance of
1237.24 feet; thence North 22011'25" West, a distance of670.82 feet; thence 1177.44 feet along the
arc of a curve to the left being non-tangent to the last described line, said curve having a radius of
8769.43 feet, a central angle of 7041 '34" and a chord of 1176.52 feet which bears North 26002'17"
West; thence North 29052'14" West, along a line non-tangent to said curve, a distance of825.16 feet;
thence North 29053'53" West, a distance of 1005.63 feet; thence North 29053'09" West, a distance
of1 079.66 feet to the north line of said Section 6; thence North 88044'36" East, along said north line
of Section 6, a distance of 1870.78 feet to the Point of Beginning.
Containing 269.03 acres, more or less.
For a total of5,610.43 acres.
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2004-0-31
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Irst uentt M-106131 t 10
Book: 5598
Page: 2879
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