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2018-O-11 - 2420 and 2424 Taylor Road AN8/9/2018 2:52:21 PM Instrument #201 81 61 060 #1 Book:7582 Page:3828 ORDINANCE NO. 2018-0-11 AN ORDINANCE ANNEXING 9.81± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 2420 TAYLOR ROAD (PARCEL IDENTIFICATION NUMBER 7336-01-00-0123) AND 2424 TAYLOR ROAD (PARCEL IDENTIFICATION NUMBER 7336-01-00-0120), 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. Joshua C. Wells, applicant for Ronal and Margaret Hartwell, owners, has applied for annexation of property located at 2420 Taylor Road and 2424 Taylor Road within Volusia County, Florida. Subject property contains approximately 9.81± 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 contiguous to the City's boundaries and located 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 2 of the City of Edgewater are hereby designated to include the property described herein. 5. During the Planning and Zoning Board meeting on June 20, 2018, the Board Struck through passages are deleted Underlined passages are added 2018-0-11 Instrument #201 81 61 060 #2 Book:7582 Page:3829 recommended 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 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. Struck through passages are deleted Underlined passages are added 2018-0-11 2 Instrument #201 81 61 060 #3 Book:7582 Page:3830 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. PART F. ADOPTION. After Motion to approve by Councilman Blazi, with Second by Councilman Conroy, the vote on the first reading of this ordinance held on July 16, 2018, 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 2018-0-11 3 Instrument #2018161060 #4 Book:7582 Page:3831 After Motion to approve by-C.�i`Z t �L _^L,f�r�cs� w�c.a— with Second by _ _ �� {_�s�C;L (ice-�� �:j��,i , the vote on the second reading/public hearing of this ordinance held on August 6, 2018 was as follows: AYE Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt Councilman Dan Blazi Councilman Gary T. Conroy PASSED AND DULY ADOPTED this 6th day of August, 2018. ATTEST: RQ .1 . Matustck (-�Ci.ty�'Cle�k/Para`l�.gal i kor the use and -'reliance only by the City of 'Edgewater,. F1'6xj&.`-'Approved as to form and legaAityfiy',='''Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Ciocchetti Struck through passages are deleted Underlined passages are added 2018-0-11 NAY CITY COUNCIL OF THE CITY OF EDGEWATER, F%ORIDA By , Mike Ignasiak V Mayor Approved by the City Council of the City of Edgewater at a meeting held on this 6th day of August, 2018 under Agenda Item No. 8 r Instrument #201 81 61 060 #5 Book:7582 Page:3832 EXHIBIT "A' LEGAL DESCRIPTION 2420 Taylor Road A part of Lot 12, Plat of Assessor's Subdivision of the Chilton Homestead as shown on map in Map Book 3, page 54 of the Public Records of Volusia County, Florida, being more particularly described as follows: Commence at the Southeast corner of Lot 12, aforementioned; thence N 01 degrees 50' 10" W along the East line said Lot 12 for a distance of 263.03 feet for the Point of Beginning; thence S 89 degrees 46'28" W, a distance of 200 feet; thence N 1 degree50' 10" W a distance of 200 feet; thence N 89 degrees 46' 28" E distance of 200 feet to the said Easterly line of Lot 12; thence S 1 degree 50' 10" E along said Easterly line of Lot 12, 200 feet to the Point of Beginning. TOGETHER with the right to use a 25 foot easement lying Westerly of the above described property and being more particularly described as follows: A part of Lot 12, Plat of Assessors Subdivision of the Chilton Homestead as shown on map in Map Book 3, page 54, of the Public Records of Volusia County, Florida, being more particularly described as follows: Commence at the Southeast corner of Lot 12, aforementioned; thence N 01 degrees 50' 10" W along the East line said Lot 12 for a distance of 263.03 feet thence S 89 degrees 46' 28" W a distance of 200 feet for the Point of Beginning; thence N 1 degree 50' 10" W, a distance of 435.6 feet to the Southerly line of Taylor Road a 50 foot R/W as now laid out; thence S 89 degrees 46' 28" W along said R/W line a distance of 25 feet; thence S 1 degree 50' 10" E a distance of 435.6 feet thence N 89 degrees 46' 28" E a distance of 25 feet to the Point of Beginning. F."k 7 2424 Taylor Road Lots 12 and 15, Plat of the Assessor's Subdivision of the Chilton Homestead as shown on map in Map Book 3, Page 54 of the Public Records of Volusia County, Florida lying Westerly of the Florida East Coast Railroad (Okeechobee Branch), except that part of Lot 12 comprising 2 acres lying South of Taylor Road and being more particularly described as follows: Commence at the Southeast comer of Lot 12 aforementioned, thence North 01 degrees 50 minutes 12 seconds West along the East line said Lot 12 a distance of 263.03 feet for the Point of Beginning; thence leaving said last mentioned line South 89 degrees 46 minutes 23 seconds West for a distance of 200 feet; thence North 01 degrees 50 minutes 10 seconds West and parallel to the East line of said Lot 12 for a distance of 435.6 feet to the South line of Taylor Road a 50 foot Right -of -Way as now laid; thence North 89 degrees 46 minutes 28 seconds East along the south line of Taylor Road for a distance of 200 feet to the intersection with the East line of Lot 12 aforementioned; thence along the East line of Lot 12 South 01 degrees 50 minutes 12 seconds East for a distance of 435.6 feet to the Point of Beginning. Also excepting that part of Lot 12 in and Northwesterly of Taylor Road (County Road) a 50 foot Right -of -Way as now laid out as measured 25 feet at right angles from centerline of the existing pavement. The above parcel being described as follows: A portion of Lots 12 and 15, Plat of the Assessor's Subdivision of the Chilton Homestead as shown on Map Book 3, Page 54 of the Public Records of Volusia County, Florida, being more particularly described as follows: Struck through passages are deleted Underlined passages are added 2018-0-11 Instrument #2018161060 #6 Book:7582 Page:3833 Beginning at the monumented Northwest corner of said Lot 15; thence North 87 degrees 52 minutes 35 seconds East along the North line of said Lot 15, a distance of 762.66 feet to the Westerly right-of-way of the Florida East Coast Railway (Okeechobee Branch), a 100 foot Right -of -Way now abandoned per that certain deed recorded in Official Records Book 1757, Page 1701 of the Public Records of Volusia County, Florida; thence South 15 degrees 41 minute 13 seconds West along said Westerly right-of-way, a distance of 217.54 feet to the South line of said Lot 15; thence South 87 degrees 52 minutes 35 seconds West a distance of 1104.52 feet; thence North 02 degrees 13 minutes 03 seconds West a distance of 70.00 feet; thence South 87 degrees 52 minutes 35 seconds West a distance of 100 feet to the southwest comer of said Lot 12; thence North 02 degrees 13 minutes 03 seconds West along the West line of Lot 12, a distance of 204.69 feet to the Southerly right-of-way of Taylor Road, an existing county maintained Road having a 50 foot right -of way as now laid out; thence Northeasterly along a curve, said curve being concave to the left, having a central angle of 36 degrees 16 minutes 47 seconds, a radius of 490 feet and an are length of 310.27 feet; thence North 15 degrees 40 minutes 49 seconds East a distance of 96.00 feet to the PC of a curve, said curve being concave to the right, having a central angle of 74 degrees 23 minutes 09 seconds, a radius of 150.00 feet and an arc length of 194.74 feet; thence North 89 degrees 47 minutes 03 seconds East a distance of 29.09 feet; thence South 01 degrees 53 minutes 10 seconds East a distance of 435.12 feet; thence North 89 degrees 47 minutes 56 seconds East a distance of 199.73 feet to the East line of said Lot 12; thence South Oldegrees50minutesl2 seconds East a distance of 55.06 feet to the Point of Beginning. Subject to a 25 foot easement described as follows: Commence at the monumented Northwest comer of Lot 15; thence North 01 degrees 50 minutes 12 seconds West a distance of 54.03 feet; thence south 89 degrees -46 minutes 28 seconds West a distance of 200.00 feet for the Point of Beginning; thence continue South 89 degrees 46 minutes 28 seconds West a distance of 25 feet; thence North 01 degrees so minutes 12 seconds West a distance of 435.60 feet to the Southerly right-of-way of Taylor Road; thence North 89 degrees 46 minutes 28 seconds East along said Southerly right-of-way a distance of 25 feet; thence South 01 degrees 50 minutes 12 seconds East a distance of 435.60 feet to the Point of Beginning. Containing 9.81± acres more or less and being in Volusia County, Florida This legal description includes any/all adjoining right-of-way relating to the subject property. Struck through passages are deleted Underlined passages are added 2018-0-11 Instrument #2018161060 #7 Book:7582 Page:3834 Laura E. Roth, Volusia County Clerk of Court EXHIBIT "B" Struck through passages are deleted Underlined passages are added 2018-0-11