2004-O-30.. 01/28/2005 01:21 PM
Instrument# 2005-023385.
Book: 5482
Page: 2904
• ORDINANCE NO.2004-0-30
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED NORTH OF 3725 SOUTH U.S. HIGHWAY NO. 1,
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:
j1 �m'1 1. Edgegate, LLC dba U Sto It Mini Storage is the applicant for Brent Jones and Thomas
SaS6
�p Vardell who are the owners of property located north of 3725 South U.S. Highway No. 1, within
Volusia County, Florida. Subject property contains approximately .32 ± acres.
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2. The owners/applicants 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
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 8, 2004, the Board
recommended by a vote of 5 to 0 that the property be annexed into the City of Edgewater.
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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 EDGEW A TER, 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 Edge water 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
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.
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,
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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.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PARTF.
ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Lichter, the vote on the
first reading of this ordinance held on January 10,2005, 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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Book: 5482
Page: 2907
After Motion by Councilwoman Rhocalld Second by Councilman Brown , the vote
on the second reading/public hearing of this ordinance held on January 24, 2005, 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
PASSED AND DULY ADOPTED this 24th day of January, 2005.
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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2004-0-30
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CITY COUNCIL OF THE
CITY OF EDCE/WJ AATT7EF, FLORIDA
By: ,weevi(X�
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 24th day
of January, 2005 under Agenda Item No.
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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.
Lots I and 2, RE-SUBDIVISION WATER WAY PARK SECTION 1, according to the plat thereof
as recorded in Map Book 19, Page(s) 269, of the Public Records of Vol usia County, Florida.
Containing .32 i: acres more or less.
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Diane A. Matousek
Volusia County, Clerk of Court