2004-O-2203/12/2005 07:30 M
OInstrueentil 2005-063711 g 1
Book: 5509
Page: 3524
ORDINANCE NO.2004-0-22
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED SOUTH AND EAST OF OLD MISSION ROAD,
NORTH OF THE FLORIDA EAST COAST ("FEC")
RAILROAD AND EAST OF MISSION OAKS MOBILE HOME
CONDO, 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 PROPERTYAPPRAISER
AND THE DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,
RECORDING AND ADOPTION.
n Ov WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
p- Ig determinations:
1. Glenn Storchof Storchand Morris, P.A., is the agent ofrecord forMassey Enterprises
who is the owner of property located South and East of Old Mission Road, North of the Florida East
pK Coast ("FEC') Railroad and East of Mission Oaks Mobile Home Condo, within Volusia County,
Florida. Subject property contains approximately 173.471 ± acres (the road right-of-way of 4.078
± acres more or less is NOT included). The property is under contract with Forte Macaulay
Development.
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
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and the economics thereof are satisfactory.
4. The boundaries of Voting District 1 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on May 12, 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 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 ofthe Charter ofthe 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 Volusia County Growth Management Department,
and the Department of State.
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2004-0-22
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Inst rument# 200~i-06:r711 # :3
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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.
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 and recording of deeds transferring property
from Massey Enterprises to Forte Macaulay Development and/or their subsidiary.
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2004-0-22
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Instrument' 2005-063111 I 4
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PART F.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on September 27,2004, 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
After Motion bYCouneilman Brown
and Second by Coune ilman Vine enz i
the vote on the second reading/public hearing of this ordinance held on ,/\LcJ)Lt:~_JJ '1- ,
200Qwas as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
Absent
Councilwoman Judy Lichter
x
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x
Instrusent# 2005-063711 A 5
OBook: 5509
Page: 3526
PASSED AND DULY ADOPTED this 7eh day of March , 2004.
�s
�` 7 •r ., t'° .' Ear.
Susan J. adsAorth
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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2004-0-22
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: �ZL
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 7th day of
March, 2005 under Agenda Item No. 6 —a.
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EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
Phase I -
Parcel A -
A portion oflands described in O.R. Book 2300, Pages 1740 - 1748 together with lands described
in O. R. Book 3012, Page 0445 and O. R. Book 2510, Page 1873, inclusive in the Public Records
of Vol usia County, Florida, said lands being a portion of Lots 11, 12 and 13, Map of the South Third
of Ambrose Hull Grant, according to the plat thereof, as recorded in Plat Book 4, Page 199, and in
Plat Book 16, Page 134, and in Plat Book 5, Page 54, and in Plat Book 16, Page 165, inclusive in
the Public Records of Vol usia County, Florida, lying in Section 53, Township 17 South, Range 34
East and Section 36, Township 17 South, Range 33 East, of said Volusia County, being more
particularly described as follows:
Commence at the Northeast comer of said Lot 12, said point also being the Southeast comer of
Mission Oaks Condominium, according to the plat thereof as recorded in Plat Book 38, Pages 181 -
184, of the said Public Records of Vol usia County; thence South 690 07' 59" West along the North
line of said Lot 12 and the South line of said Mission Oaks, a distance of 1,195.01 feet to the West
line of the East 1,195 feet of said Lot 12, said point being the POINT OF BEGINNING; thence
South 210 02' 59" East along the said West line of the East 1,195 feet, a distance of 1,224.26 feet to
a point lying 1,250 feet (by perpendicular measurement) from the North Right-of-Way line of
Massey Road (a 50 foot wide County Road Right-of-Way lying North of and adjacent to the Florida
East Coast Rail Road Right-of-Way); thence South 67053' 13" West parallel to said Massey Road,
a distance of545.09 feet to the West line of the East 1,740 feet of said Lots 12 and 13; thence South
21002' 59" East along said West line of the East 1,740 feet of said Lots 12 and 13, a distance of
250.04 feet to a point lying 1,000 feet (by perpendicular measurement) from the said North Right-of-
Way line of Massey Road; thence North 670 53' 13" East parallel to said Massey Road, a distance
of 817.64 feet to the West line of the East 922.5 feet of said Lot 13; thence South 21 002' 59" East
along said West line of the East 922.5 feet of said Lot 13, a distance of 1,000.17 feet to the said
North Right-of- Way line of Massey Road; thence South 67053' 13 " West along said North Right-of-
Way line, a distance of 2,546.83 feet to the Southeast comer (as presently monumented and
occupied) oflands described in O. R. Book 1871, Page 1900, of the said Public Records of Vol usia
County; thence North 090 59' 35" West along the East line (as presently monumented and occupied)
of said O. R. Book 1871, Page 1900, a distance of295.75 feet; thence North 18029' 09" West along
the said East line (as presently monumented and occupied) of said O. R. Book 1871, Page 1900, a
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Inst rurnenU 2005063711 it 7
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distance of99 .60 feet to the Northeast corner of said O. R. Book 1871, Page 1900 and the Southeast
corner of lands described in O. R. Book 3944, Page 4176, of the said Public Records of V olusia
County (as presently monumented and occupied); thence North 23039' 17" West along the East line
of said O. R. Book 3944, page 4176 (as presently monumented and occupied), a distance of 411.74
feet to the Northeast corner of said O. R. Book 3944, Page 4176 (as presently monumented and
occupied); thence North 12037' 56" West along the Southerly extension of the East line (as presently
monumented and occupied) of lands described in O. R. Book 4556, Page 2163, of the said Public
Records of Volusia County, a distance of 622.05 feet to the Northeast corner (as presently
monumented and occupied) of said O. R. Book 4556, Page 2163 said point also being the Southeast
corner (as presently monumented and occupied) oflands described in O. R. Book 2908, Page 0549,
of the said Public Records of Volusia County; thence run along the East line (as presently
monumented and occupied) of said O. R. Book 2908, Page 0549 for the following four calls:
North 10004' 43" East, a distance of 121.37 feet; thence North 060 01' 02" East, a distance of 147.71
feet; thence North 04004' 43" East, a distance of 108.48 feet; thence North 090 41' 55" West, a
distance of 14.86 feet to the Northeast corner of said O. R. Book 2908, Page 0549; thence South 580
09' 00" West along the North line and it's Westerly extension of said O. R. Book 2908, Page 0549,
a distance of 63 9.41 feet to the proposed East Right -of- W ay line of Old Mission Road (as shown on
Volusia County Right-of-Way Map Project #4338); and North 130 23' 09" West along the said
proposed East Right-of-Way line, a distance of295.77 feet to a point on the Westerly extension of
the South line oflands described in O. R. Book 3257, Page 0922, of the said Public Records of
Volusia County; thence North 61010' 44" East along said Westerly extension and the South line (as
presently monumented and occupied) of said O. R. Book 3257, Page 0922, a distance of642.28 feet
to the Southeast corner (as presently monumented and occupied) of said O. R. Book 3257, Page
0922; thence North 13028' 46" West along the East line (as presently monumented and occupied)
of said O. R. Book 3257, Page 0922, a distance of 502.14 feet to a point on the said South line of
said Mission Oaks and the North line of said Lot 12; thence North 69007' 59" feet along said South
and North line, a distance of 1,847.56 feet to the POINT OF BEGINNING.
Containing 127.099 ::!: acres, more or less.
Phase I - Parcel B - Is the Road Right-of-Way containing 4.078::!: acres more or less that is NOT
included in the annexation.
Phase 2 -
Lands described in O. R. Book 2319, Page 1957, of the Public Records of Vol usia County, Florida.
Less and Except: Mission Oaks, Page One and Three B, according to the Declaration of
Condominium, as recorded in O. R. Book 2417, Page 1341, of the said Public Records of Vol usia
County. Said lands also being described as Phases Two and Three A, Mission Oaks, according to
the Condominium Book 33, Pages 131 - 134, of the said Public Records of V olusia County, Florida,
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being more particularly described as follows:
Beginning at the Southeast corner of said Mission Oaks, said point also being the Northeast corner
of Lot 12, Map of the South Third of Ambrose Hull Grant, according to the Plat thereof, as recorded
in Plat Book 4, Page 199, and in Plat Book 16, Page 134, and in Plat Book 5, Page 54, and in Plat
Book 16, Page 165, inclusive of the said Public Records of Vol usia County, said point being the
POINT OF BEGINNING; thence South 690 07' 59" West along the North line of said Lot 12, a
distance of2,053.60 feet; thence run along the East line of Phase One of said Mission Oaks for the
following five calls:
North 200 52' 01" West, a distance of 420.00 feet; thence North 690 07' 59" East, a distance of
220.00 feet; thence North 200 52'01" West, a distance of330.00 feet; thence South 69007' 59" West,
a distance of220.00 feet; thence North 20052' 01" West, a distance of270.73 feet; thence North 690
II' 24" East along the North line of said Mission Oaks, a distance of 2,050.60 feet to the East line
of said Mission Oaks; thence South 210 02' 09" East along the East line of said Mission Oaks, a
distance of 1,018.70 feet to the POINT OF BEGINNING.
Containing 46.372 ::!: acres more or less.
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Diane H. Matousek
Volusia County, Clerk of Court
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