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2017-O-38 12/7/2017 11:56:49 AM Instrument# 2017236218 6 pages Book: 7480 Page: 3671 Electronically Recorded By Volusia County Clerk of the Court ORDINANCE NO. 2017-0-38 AN ORDINANCE ANNEXING .60± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 101 ARBOR LANE (PARCEL IDENTIFICATION NUMBER 8412-04-00-0045), 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. Shane and Caroline Ferris, owners, have applied for annexation of property tor located 101 Arbor Lane, within Volusia County, Florida. Subject property contains approximately .60 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 October 11, 2017, the Board recommended that the property be annexed into the City of Edgewater. tire Struck through passages are deleted Underlined passages are added 2017-0-38 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. (60 Struck through passages are deleted Underlined passages are added 2017-0-38 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. NearPART 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 November 13, 2017, 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 Struck through passages are deleted Underlined passages are added 2017-0-38 3 '411aw After Motion to approve by Lap _Xl fL �} � ��.. with Second by t.-errc , the vote on the second reading/public hearing of this ordinance held on December 4, 2017 was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt �+ Councilman Dan Blazi �. Councilman Gary T. Conroy \, PASSED AND DULY ADOPTED this 4th day of December, 2017. ATTEST: CITY COUNCIL OF THE •t t`', 'r•-•,! ., • CITY OF EDGEWATER, FLORIDA ' F tP� % By: �i 4S 673 Robin Matuscici Mike Ignasia City Clerk/Parategal• 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 4th day of legality by: Aaron R. Wolfe, Esquire December, 2017 under Agenda Item No. City Attorney 8 Lc, . Doran, Sims, Wolfe&Ciocchetti Struck through passages are deleted Underlined passages are added 2017-0-38 4 EXHIBIT"A' LEGAL DESCRIPTION PARCEL 1 OF THE PAXTON ESTATES UNRECORDED SUBDIVISION NO. 694 - THAT PART OF LOT 4; BELLA VISTA UNIT NO. 3, AS SHOWN ON MAP IN MAP BOOK 9, PAGE 298 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH LINE OF LOT 4, BELLA VISTA UNIT NO. 3, AFOREMENTIONED (ALSO BEING THE CENTERLINE OF ARBOR LANE, A COUNTY ROAD, 50 FOOT ROW AS. NOW LAID OUT) AND THE EASTERLY ROW OF U.S. HIGHWAY NO. 1, SAID EASTERLY ROW BEING 125 FEET EASTERLY FROM THE CENTERLINE OF THE SOUTH BOUND LANE AS SHOWN ON THE FOOT ROW MAPS; THENCE N.68°41'00"E. ALONG THE SAID SOUTH LINE OF LOT 4, BELLA VISTA UNIT NO. 3, FOR A DISTANCE OF 300.12 FEET; THENCE N.16°19'00"W A DISTANCE OF 25.00 FEET TO THE NORTH RIW OF ARBOR LANE FOR THE POINT OF BEGINNING; THENCE CONTINUING N.16°19'00" W A DISTANCE OF 175.00 FEET TO THE NORTH LINE OF LOT 4, BELLA VISTA UNIT NO. 3; THENCE N.68°41'00"E. ALONG SAID NORTH LINE, A DISTANCE OF 150.00 FEET; THENCE S.16"19'00"E., A DISTANCE OF 175.00 FEET TO THE NORTH ROW OF SAID ARBOR LANE; THENCE S.68°41'00"W. ALONG SAID LAST MENTIONED LINE A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING. 410 Containing .60±acres more or less Struck through passages are deleted Underlined passages are added 2017-0-38 5 EXHIBIT "B" ' j- 11 1 I — 1 {� 1 , 1 \ -- 1 5 1 1 p 4t0 1 j V0 \ 5 -\ '\, i _ 1 \\----- , y 5 `� • 1 .i \ \ \ \ It 1•, \ `{ 1 .. ---050° ------\ \ , N 1 \ \ \ 'r1 t6 \ 1 ‘14- \ 1 9L A MQ 046 1 ___---\ ___-----\-:-." ___ tfaik., ± ' ___ „_________ FOGt'r,ATERr� i l __,---- 0 Suae«PAY / tikd Struck through passages are deleted Underlined passages are added 2017-0-38 6