2004-O-01i£ g ORDINANCE NO. 2004-0-01
3 �.N It AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 118 POINCIANA ROAD (PARCEL
IDENTIFICATION #8448-00-OO-0100), VOLUSIA COUNTY,
S m a INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT
TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY AND
REQUIREMENTS CONTAINED IN THE COMPREHENSIVE
PLAN AND LAND DEVELOPMENT CODE; 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.
d WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
0
4— �I determinations:
�\/ 7 1. Jeff Gove is the agent of record for Andre Berard who is the owner of certain real
property located at 118 Poinciana Road, in Volusia County, Florida. Subject property contains
approximately 1.01 acres more or less.
i
IL�(L 2. The owners have voluntarilypetitioned the CityofEdgewater for annexation pursuant
to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundari es and 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.
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2004-0-01
N (rl ' S. During a meeting on December 10, 2003, the Planning and Zoning Board reviewed
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NCO the petition and recommended by a vote of 7 to 0 that the property be annexed into the City.
y 0 NOW,THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida:
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COa 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 in Exhibit "A" and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 ofthe Charter ofthe 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.
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2004-0-01 2
N a • PART C. SEVERABILITY AND APPLICABILITY.
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ina If any portion of this ordinance is for any reason held or declared to be unconstitutional,
Y@ inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
0 0)
0 M ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
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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 adoption.
PART E. ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Brown, the vote on the
first reading/public hearing of this ordinance held on January 5, 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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2004-0-01 3
N lqAfter Motion byco=1111oaan Lichter and Secondby councilman.Hlrgyn,_=,the
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N vote on the second readin N p g/public hearing of this ordinance held onJanuary 26,. 2004, was as
y y follows:
0 0)
OA
mt1 AYE NAY
Mayor Donald A. Schmid[ x
Councilman James P. Brown _X
Councilman Dennis Vinccnzi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 26 day of ianuary 2004.
ATTEST:. CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
sy:
Donald A. Schmidt
Mayor
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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2004-0-01 4
—�bQLI ,AL'-J�
Robid L. Matmick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at ameeting held on this 26 day
of January r, 2004 under Agenda Item No.
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EXHIBIT "A"
LEGAL DESCRIPTION
The South 210 feet of the East 210 feet of the West 1050 feet lying East of U. S. Highway No. 1 of
the North 52.469 chains of the Jane Murray Grant in Sections 48 and 49, Township 18 South, Range
34 East. Together with a right-of-way 20 feet in width over adjoining property for the purpose of
ingress and egress to and from the subject property by the nearest and most reasonable route and to
exist until such time as a public thoroughfare or highway is laid out and opened to the subject
property.
A portion of the North 52.469 chains of the Jane Murray Grant, Sections 48 and 49, Township 18
South, Range 34 East, and being more particularly described as follows: Commence at the
intersection of the Southerly line of the North 52.469 chains of the Jane Murray Grant, Sections 48
and 49, Township 18 South, Range 34 East and the Easterly R/W ofU. S. Highway No. 1, a 158 foot
R/W as now laid out; thence N 68058'50" E along the said South line of the North 52.469 chains, a
distance of 748.00 feet; thence N 22057'19" W, a distance of 210.00 feet for the Point of Beginning;
thence continue N 22057' 19" W, a distance of 1.74 feet to the Southerly R/W line of Poinciana Road
as shown on plat of Waterway Park Section 2, recorded in Map Book 19, Page 270, Public Records
of Volusia County, Florida; thence N 68049'50" E along said Southerly line of Poinciana Road, a
distance of 209.98 feet; thence S 22057'19" E, a distance of 2.29 feet; thence S 68°58'50" W, along
a line 210 feet Northerly of and parallel to the South line of the North 52.469 chains, a distance of
210.00 feet to the Point of Beginning.
Containing approximately 1.01+ acres.
(Parcel #8448-00-00-0100)
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2004-0-01
Na
ME
pt
Book: 5252— -2
Page: 4368
Diane M. Batousek
yolusia Canty, Clerk of Court
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