2017-O-58 2/7/2018 2:15:57 PM Instrument#2018025085#1 Book:7504 Page:4057
ORDINANCE NO. 2017-0-58
AN ORDINANCE ANNEXING .22± ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 129 SOUTH CORY DRIVE (PARCEL
IDENTIFICATION NUMBER 8412-05-00-0760), 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. Robert Barlow, owner, has applied for annexation of property located 129 South
Cory Drive, within Volusia County, Florida. Subject property contains approximately .22±
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 December 13, 2017, the Board
recommended that the property be annexed into the City of Edgewater.
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2017-0-58
Instrument#2018025085#2 Book:7504 Page:4058
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.
Struck through passages are deleted
Underlined passages are added
2017-0-58 2
Instrument#2018025085#3 Book:7504 Page:4059
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 Vogt, the
vote on the first reading of this ordinance held on January 8,2018,was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary T.Conroy X
After Motion to approve by L.C ' Ll;Li—�c2 .Lc k ''v with
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2017-0-58 3
AM.
Instrument#2018025085#4 Book:7504 Page:4060
Second by t' �C�_1 % "1„ Y � , the vote on
the second reading/public hearing of this ordinance held on February 5,2018 was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power N
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary T. Conroy N
PASSED AND DULY ADOPTED this 5`h day of February,2018.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
iClxr
By: / CN� ''
Robin Matusick Mike Ignasiak U
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 5th day of
legality by: Aaron R. Wolfe,Esquire February,2018 under Agenda Item No.
City Attorney 8 el .
Doran, Sims,Wolfe&Ciocchetti
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2017-0-58 4
Instrument#2018025085#5 Book:7504 Page:4061
EXHIBIT "A'
LEGAL DESCRIPTION
COMMENCE AT THE INTERSECTION OF THE SOUTHERLY LINE OF LOT 1. BELLA VISTA,
UNIT NO. 3,ACCORDING TO THE MAP OR PLAT THEREOF,AS RECORDED IN MAP BOOK 9,
PAGE 298, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND THE EASTERLY
RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1; THENCE NORTH 68 DEGREES 41' EAST
1300.19 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 1; THENCE NORTH 16 DEGREES
19' WEST 175 .09 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUE NORTH 16
DEGREES 19' WEST 124.9 FEET; THENCE SOUTH 68 DEGREES 41' WEST 75 FEET; THENCE
SOUTH 16 DEGREES 19EAST124.9 FEET; THENCE NORTH 68 DEGREES 41 EAST 75 FEET TO
THE POINT OF BEGINNING;
TOGETHER WITH THE RIGHT TO USE A 50 FOOT EASEMENT (KNOWN AS CORY DRIVE)
DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE SOUTHERLY LINE OF LOT 1, BELLA VISTA,
UNIT NO. 3, ACCORDING TO THE MAP OR PLAT THEREOF,AS RECORDED IN MAP BOOK 9,
PAGE 298,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA AND THE EASTERLY
RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1; THENCE NORTH 16 DEGREES 19'WEST 149.9
FEET FOR THE POINT OF BEGINNING; THENCE NORTH 68 DEGREES 41 EAST 425 FEET;
THENCE SOUTH 16 DEGREES 19' EAST 25 FEET; THENCE NORTH 68 DEGREES 41 EAST
875.19 FEET; THENCE NORTH 16 DEGREES 19 WEST 50.19 FEET; THENCE SOUTH 68
DEGREES 41 WEST 825 FEET; THENCE NORTH 16 DEGREES 19 WEST 25 FEET; THENCE
SOUTH 68 DEGREES 41'WEST 475.19 FEET TO THE EASTERLY RIGHT OF WAY LINE OF U.S.
HIGHWAY NO. 1;THENCE 16 DEGREES 19 EAST 50.19 FEET ALONG SAID EASTERLY RIGHT
OF WAY LINE TO THE POINT OF BEGINNING. ALL LYING AND BEING IN LOT 1, BELLA
VISTA, UNIT NO. 3, AKA LOT 76 CORY ESTATES, ACCORDING TO SURVEY IN OFFICIAL
RECORDS BOOK 233,PAGE 27,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA.
Containing.22±acres more or less
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2017-0-58 5
Instrument#2018025085#6 Book:7504 Page:4062 Laura E. Roth, Volusia County Clerk of Court
EXHIBIT"B"
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2017-0-58 6
ORDINANCE NO. 2017-0-58
AN ORDINANCE ANNEXING .22± ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 129 SOUTH CORY DRIVE (PARCEL
IDENTIFICATION NUMBER 8412-05-00-0760), 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. Robert Barlow, owner, has applied for annexation of property located 129 South
Cory Drive, within Volusia County, Florida. Subject property contains approximately .22±
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 December 13, 2017. the Board
recommended that the property be annexed into the City of Edgewater.
Struck through passages are deleted
Underlined passages are added
2017-0-58 1
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.
Struck through passages are deleted
Underlined passages are added
2017-0-58 2
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 Vogt, the
vote on the first reading of this ordinance held on January 8, 2018, was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
�.t�Ct♦ � L ! with
After Motion to approve by l—� �e sem'=
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Underlined passages are added
2017-0-58 3
Second by e-c LfCi.S) . the vote on
the second reading/public hearing of this ordinance held on February 5,2018 was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power N
Councilwoman Amy Vogt NN►
Councilman Dan Blazi
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this 5th day of February, 2018.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
tr By: 14cAPNc'.aa�'
Robin Matusick Mike Ignasiak 1.
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 56 day of
legality by: Aaron R. Wolfe, Esquire February, 2018 under Agenda Item No.
City Attorney 8 Gi
Doran,Sims, Wolfe& Ciocchetti
Struck through passages are deleted
Underlined passages are added
2017-0-58 4
EXHIBIT"A'
LEGAL DESCRIPTION
COMMENCE AT THE INTERSECTION OF THE SOUTHERLY LINE OF LOT 1, BELLA VISTA,
UNIT NO. 3, ACCORDING TO THE MAP OR PLAT THEREOF,AS RECORDED IN MAP BOOK 9,
PAGE 298,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA AND THE EASTERLY
RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1; THENCE NORTH 68 DEGREES 41' EAST
1300.19 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 1; THENCE NORTH 16 DEGREES
19' WEST 175 .09 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUE NORTH 16
DEGREES 19' WEST 124.9 FEET; THENCE SOUTH 68 DEGREES 41' WEST 75 FEET; THENCE
SOUTH 16 DEGREES 19EAST124.9 FEET; THENCE NORTH 68 DEGREES 41 EAST 75 FEET TO
THE POINT OF BEGINNING;
TOGETHER WITH THE RIGHT TO USE A 50 FOOT EASEMENT (KNOWN AS CORY DRIVE)
DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE SOUTHERLY LINE OF LOT 1, BELLA VISTA,
UNIT NO. 3, ACCORDING TO THE MAP OR PLAT THEREOF,AS RECORDED IN MAP BOOK 9,
PAGE 298,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA AND THE EASTERLY
RIGHT OF WAY LINE OF U.S.HIGHWAY NO. 1;THENCE NORTH 16 DEGREES 19'WEST 149.9
FEET FOR THE POINT OF BEGINNING; THENCE NORTH 68 DEGREES 41 EAST 425 FEET;
THENCE SOUTH 16 DEGREES 19' EAST 25 FEET; THENCE NORTH 68 DEGREES 41 EAST
875.19 FEET; THENCE NORTH 16 DEGREES 19 WEST 50.19 FEET; THENCE SOUTH 68
DEGREES 41 WEST 825 FEET; THENCE NORTH 16 DEGREES 19 WEST 25 FEET; THENCE
SOUTH 68 DEGREES 41'WEST 475.19 FEET TO THE EASTERLY RIGHT OF WAY LINE OF U.S.
HIGHWAY NO. 1;THENCE 16 DEGREES 19 EAST 50.19 FEET ALONG SAID EASTERLY RIGHT
OF WAY LINE TO THE POINT OF BEGINNING. ALL LYING AND BEING IN LOT 1, BELLA
VISTA, UNIT NO. 3, AKA LOT 76 CORY ESTATES, ACCORDING TO SURVEY IN OFFICIAL
RECORDS BOOK 233, PAGE 27,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA.
Containing.22±acres more or less
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2017-0-58 5
EXHIBIT "B"
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2017-0-58 6