2018-O-17 1042018 11:16:24 AM Instrument#2 01 82 01 444#1 Book:7606 Pagc:3450
ORDINANCE NO.2018-0-17
AN ORDINANCE ANNEXING 60.68± ACRES OF CERTAIN REAL
PROPERTY LOCATED SOUTHEAST OF S.R. 442 (INDIAN RIVER
BOULEVARD) AND AIR PARK ROAD (PARCEL IDENTIFICATION
NUMBERS 8438.01.00.0120;8438.01-00-2390;8438.01.00.2680; 8438-01-00-
2690; AND 8438-03-00-0221), 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:
I. Renato Ghizoni, D.R. Horton, Inc., applicant for the School Board of Volusia
County, has applied for annexation of property located southeast of S.R. 442 (Indian River
Boulevard) and Air Park Road within Volusia County, Florida. Subject property contains
approximately 60.63±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 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.
Struck through passages are deleted
Underlined passages are added
2018-0-17 1
Instrument#201 82 01 444#2 Bcok:7606 Page:3451
5. During the Planning and Zoning Board meeting on July 11, 2018, the Board
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.
LORIDAL 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,
Stack through passages are deleted
Underlined passages are added
2018-0-17 2
Instrument#2 01 62 01 444#3 Book:7606 Page:3452
me 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 Volusia County,Florida.
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F. ADOPTION.
After Motion to approve by Councilwoman Power with Second by Councilwoman Vogt,
the vote on the first reading of this ordinance held on August 6,2018 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
7018-0-17 3
Instrument#2018201444#4 Book:7606 Page:3453
After Motion to approve by -erg ��'k%s� 3-t•_ ci with
Second by ��s ..r Lor ..rra c.^-. V rr�'- the vote on
the second reading/public hearing of this ordinance held on2018
was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilwoman Megan O'Keefe
Councilman Gary T.Conroy
PASSED AND DULY ADOPTED this day of 2018.
A1TE§T:It CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
?cr ey: s6
Robrh:Maytstglrr, Mike Iguasiak
',pity der p Alegal ' - Mayor
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater,Florida. Approved as to form and Edgewater at a meeting held on this rl ',-_day
legality by: Aaron R. Wolfe,Esquire ofl✓_?r��F„-. 2018 under Agenda Item No.
City Attorney 8 r
Doran,Sims, Wolfe @.Ciocchetti
Struck through passages are deleted
Underlined passages are added
2018-0-17 4
Instrument#201 82 01 444#5 Book:7606 Pago:3454
EXHIBIT"A'
LEGAL DESCRIPTION
A portion of Lot 23 and Lot 24,MODEL LAND COMPANY SUBDIVISION, as shown on map
recorded in Map Book 5, Page 187, of the Public Records of Volusia County, Florida; AND A
portion of Lots 12, 13, 14, 15, 16 and 28;all of Lots 29, 30, 31 and 32; a portion of Lot 238; all
of Lots 239 through 253, inclusive;a portion of Lots 264 through 272, inclusive,and all of Lots
273 through 279,inclusive,ASSESSOR'S SUBDIVISION OF THE SAMUEL BETTS GRANT,
as shown on map recorded in Map Book 3, Page 153, of the Public Records of Volusia County,
Florida.
AND a portion of a vacated platted 30 foot road as shown on ASSESSOR'S SUBDIVISION OF
THE SAMUEL BETTS GRANT, Map Book 3, Page 153, and also shown on MODEL LAND
COMPANY'S SUBDIVISIO ,, Map Book 5, Page 187, Public Records of Volusia County,
Florida.
ALL lying southerly of State Road No. 442, lying westerly of the west line of Pinedale Road, a
50-foot right-of-way, and its southerly prolongation; lying northerly of a line 800 feet north of
and parallel with the north line of Florida Shores Unit No. 15,as shown on map recorded in Map
Book 19, Page 216, Public Records of Volusia County, Florida; and lying easterly of Air Park
Road,a 50-foot right-of-way as now laid out.
EXCLUDING Florida Department of Transportation Parcel 107, Part "A", being proposed right-
of-way taking for State Road No. 442,and EXCLUDING Florida Department of Transportation
Parcel 107, Part "B", being that portion labeled "Water Retention Area" , as shown on Florida
Department of Transportation Right-of-Way Map of state Road No. 442, Section 79210-2504,
Sheet 16 of 21. The subject parcel being further described as follows: Commence at a 1/2-inch
iron pipe(no identification) marking the southeast corner of the Samuel Betts Grant,Section 38,
Township 18 South, Range 34 East, Volusia County, Florida, being Florida Department of
Natural Resources Certified Corner Record No. 0049158, also being the southeast corner of the
Model Land Company's Subdivision, as shown on map recorded in Map Book 5, Page 187,
Public Records of Volusia County,Florida;thence S 69034'10"West, along the south line of said
Model Land Company's Subdivision, a distance of 1950.07 feet to the existing easterly right-of-
way of Air Park Road,a 50-foot right-of-way as now laid out;thence N 23o2T56" W,along said
easterly right-of-way, a distance of 1245.95 feet to a point on the north line of Lot 22, said
Model Land Company's Subdivision,for the POINT OF BEGINNING;thence continue N 23°27
'56" W,along said easterly right-of-way, a distance of 30. 04 feet to the southeast corner of Lot
40,Assesses's Subdivision of the Samuel Betts Grant,as shown on map recorded in Map Book 3,
Page 153, Public Records of Volusia county, Florida;thence N 21019'18" W,along the east line
of said Lot 40 and its northerly prolongation, a distance of 636.72 feet to said existing easterly
right-of-way of Air Park Road; thence N 07023'13" W, along said easterly right-of-way, a
distance of 204.22 feet; thence N 00045'00" W, along said easterly right-of-way, a distance of
275.88 feet;thence N 14°49 '56" W, along said easterly right-of-way, a distance of 267. 33 feet
to the south line of Florida Department of Transportation Parcel 107, Part "A", being the
Struck through passages are deleted
Underlined passages are added
2018-0-17 5
Instrument#2018201444#6 Book:7606 Page:3455
proposed southerly right-of-way of State Road No. 442; thence N 68°4854" E, along said
proposed southerly right-of-way a distance of 764.30 feet; thence N 21012 '16" W, along said
proposed southerly right-of--way a distance of 4.50 feet; thence N 68048 '54" E, along said
proposed southerly right-of way,a distance of 675.47 feet to the westerly line of Pinedale Road,
a 50 foot roadway; thence S 2140'59" E, along the westerly line of said Pinedale Road and its
southerly prolongation,a distance of 1901.02 feet to a point on a line being 800 fat north of and
parallel with the north line of Florida Shores Unit No. 15, as shown on map recorded in Map
Book 19, Page 216, Public Records of Volusia County, Florida; thence s 68048'12" W, parallel
with said north line of Florida Shores Unit No. 15,a distance of 919.60 feet to the easterly line of
Florida Department of Transportation Parcel 107, Part "B", being that portion labeled "Water
Retention Area", as shown on Florida Department of Transportation Right-of-Way Map of State
Road No.442, Section 79210-2504, Sheet 16 of 21;thence N 21'04'18" W, along the east line of
said Parcel 107, Part "B" and its northerly prolongation, a distance of 497.37 feet to a point on
the north line of Lot 23, said Model Land Company's Subdivision; thence s 69038'48" W, along
said north line of Lot 23 and the north line of Lot 22,said Model Land Company's Subdivision,a
distance of 693.06 feet to the Point of Beginning.
Containing 63t 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
2018-0-17 6
Instrument 92016201444 97 Book:7606 Page:3456 Laura E. Roth,Vol usia County Clerk of Court
EXHIBIT`B"
1 r ,
� - 1
B .�eNJ
9
/ s
/ ii /X
j
Struck through passages are deleted
Underlined passages are added
2018-0-17 7