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ORDINANCE NO. 2004-0-06 -0 M „ R
aoR—
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY N 0
LOCATED AT 4115 SOUTH U. S. HIGHWAY #1 (PARCEL ,.
IDENTIFICATION #8538-01-00-0100), VOLUSIA COUNTY, e
INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT
TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND W N
PRIVILEGES OF THE MUNICIPALITY AND TERMS OF W
THE ANNEXATION AGREEMENT; AMENDING THE
DESCRIPTION OF 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
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
n� detemunat.ons:
Cir 1. On May 5,2003, the City ofEdgewater adopted Ordinance #2003-O-07annexing the
I)yY 60 acres located at 4115 South U. S. Highway #1. The effective date of the ordinance was to be
�j upon the date of closing and recording of documents reflecting the County of Volusia deeded the
property to Seashore Marina, LLC.
2. Due to the County of Volusia and Seashore Marina, LLC not completing the closing
on the property, the property was never annexed into the City.
3. On November 6, 2003, the County of Volusia and City of Edgewater entered into an
�yv Agreement to Sell and Purchase the 60 acre parcel. On February 13, 2004, the City of Edgewater
and Edgewater Harbor, LLC entered into a Purchase Sale Agreement on the subject property
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*** This document is being
re -recorded
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address of 4015
South U.S.
Highwav
#1. The parcel
number
and legal
2004-0-06
1 description is
correct.
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Page: 4737
4. The County and Edgewater Harbor, LLC has agreed for the City to initiate annexation
zm proceedings prior to closing of the subject property.
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LLi h'7 5. The contract purchaser has voluntarily petitioned the City of Edgewater for
Y annexation pursuant to Section 171.044, Florida Statutes.
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Oro 6. The property is contiguous to the City's boundaries and the conditions for annexation
imIL
and the economics thereof are satisfactory.
7. The boundaries of voting District 4 of the City of Edgewater are hereby designated
to include the property described herein.
8. During the Planning and Zoning Board meeting on March 12, 2003, the Board
recommended by a vote of 7 to 0 that the property be annexed into the City.
NOW, THEREFORE, BE IT ENACTED bythe 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 and
to the terms of that certain Annexation Agreement with Edgewater Harbor, LLC, which is attached
hereto and incorporated by reference as Exhibit "C".
2. The boundaries of the City of Edgewater are hereby redefined to include the property
described above and depicted in the map identified as Exhibit `B".
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3. Pursuant to Section 2.01ofthe Charter of the City of Edgewater, Florida, that certain
dmdocument entitled "Description of City of Edgewater Corporate Limits" shall be amended
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u7 M accordingly.
YN 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the
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00 0 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.
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. EFFECTIVE DATE.
This ordinance shall take effect upon date of closing and recorded documents reflecting that
County of Volusia deeds title to the Purchaser.
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(�It PART E. ADOPTION.
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Lon After Motion by Councilwoman Lichter and Second by Councilman Brown, the vote on the
(0 YN first reading/public hearing of this ordinance held on February 9, 2004, was as follows:
0CP
010 AYE NAY
Md
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by Councilman Vincenzi and Second by Councilwoman Lichter, the vote on
the second reading/public hearing of this ordinance held on February 23, 2004, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes ABSENT
Councilwoman Judy Lichter X
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PASSED AND DULY ADOPTED this 23' day of February, 2004.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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2004-0-06
CITY COUNCIL OF THE
CITY FED EWA�T/ERR,, FLORIDA
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 23rd day
of February, 2004 under Agenda Item No.
66.
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EXHIBIT "A"
01 ID
r0 LEGAL DESCRIPTION
N CJ
M That part of the south 924 feet as measured on the East right of way line of U. S. Highway No. 1,
Highway of Lots 1, 4 and 22,Assessor's Subdivision of the C. E. McHardy Grant as recorded in Map
y Book 3, Page 152, Public Records of Volusia County, Florida, lying north of Riverfront Estates
001 Subdivision as recorded in Map Book 19, page 18, Public Records of Volusia County, Florida, and
0 (a that part of Sections 13 and 24, Township 18 South, Range 34 East, lying East of U. S. Highway No.
im 1, and between the Westerly projection of the North and South lines ofthe above -described property.
Contains approximately 60 + acres.
Parcel #8538-01-00-0100.
Subject to those certain Utility Easements (Parcel "A" & Parcel `B") in favor of Volusia County
recorded June 3, 1992 in Official Records Book 3749, Pages 4119 - 4120, Public Records of Volusia
County, Florida.
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4iane M. Matousek
Volusia County, Clerk of Court
Lam-'