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2016-O-50 8/10/2017 3:09:49 PM Instrument#2017157810#1 Book:7434 Page:4524 ORDINANCE NO. AN ORDINANCE ANNEXING 6701761 ACRES OF CERTAIN REAL PROPERTY LOCATED AT WEST OF I-95 AND SOUTH OF THE INDIAN RIVER BOULEVARD EXTENSION AND THE DEERING PARK PROPERTY (PID 8414-00-00-0010 and 8420-00-00-0020), 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. Glenn D. Storch,applicant for Volaco Inc.,has applied for annexation of property located at west if I-95 and south of the Indian River Boulevard Extension and the Deering Park Property, within Volusia County, Florida. Subject property contains approximately 670.276± acres. 2. The applicant bas 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. 1 "o....R th:e gh Passages are deleted. Underlined passages are added. Instrument#2017157810#2 Book:7434 Page:4525 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. 2 `" oagh passages are deleted. Underlined passages are added. Instrument#2017157810#3 Book:7434 Page 4526 PART C. SEVERABILITY AND APPLICABILTTY. 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 cirotmtstance 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. PARTE. 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 January 9,2017 was as follows: AYE NAY Mayor Mike tgnasiak X Councilwoman Christine Power X Councilwoman Amy Vogt X Councilman Dan Blazi X Councilman Gary T.Conroy X 3 &tike threagH passages aredeleted. Underlined passages are added. Instrument#2017157810#4 Book:7434 Page:4527 After Motion to approve by Cet",e,tzr d6Th.q r . with Second by C&Ar_,•2nzc�' the vote on the second reading/public hearing of this ordinance held on August 7,2017,was as follows: AYE NAY Mayor Mike lgnasiak Councilwoman Christine Power �Cusc�li Councilwoman Amy Vogt Councilman Dan Blatt Councilman Gary T.Conroy PASSED AND DULY ADOPTED this 7th day of August,2017. ATTEST: CITY COUNCH.OF THE CITY OF EDGEWATER,FLORIDA i�. vii;_�n By:.�" Robin Aiatusick Mike Ignasial City Cterk/Pamlegal 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 7th day of legality by: Aaron P- Wolfe,Esquire August,2017 under Agenda Item No. 8 CU. City Attorney Doran,Sims, Wolfe&Ciocchetti 4 Saike-Ureugh pazsages are deleted. Underlpassages are added. Instrument#201 71 5781 0#5 600k:7434 Page:4528 EXHB3IT"A" LEGAL DESCRIPTION A PART OF SECTIONS 17 AND 20,TOWNSHIP 18 SOUTH,RANGE 34 EAST,VOLUSIA COUNTY,FLORIDA,DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID SECTION 17,RUN S.00019'17" W, ALONG THE WEST LINE OF SAID SECTION 17,A DISTANCE OF 1404.44 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WEST LINE, RUN N.79"2618"E., A DISTANCE OF 2782.81 FEET TO THE WEST RIGHT OF WAY LINE OF INTERSTATE NO. 95 (STATE ROAD NO. 9), A 350 FOOT RIGHT OF WAY; THENCE RUN ALONG SAID WEST RIGHT OF WAY LINE THE FOLLOWING COURSES AND DISTANCES; S.22"11'56"E., A DISTANCE OF 2796.77 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 8417.78 FEET, A CENTIRAL ANGLE OF 07"1 1'03", A CHORD BEARING OF S.18°3624"E., AND A CHORD DISTANCE OF 1054.77 FEET; THENCE RUN SOUTHERLY ALONG TIM ARC OF SAID CURVE A DISTANCE OF 1055.46 FEET TO THE POINT OF TANGENCY;THENCE S.15000'53"E.,A DISTANCE OF 3633.91 FEET TO THE NORTH LINE OF THE CHARLES SIBBALD GRANT, SECTION 47, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA, ALSO BEING TIJE NORTH LINE OF THE ASSESSORS SUBDIVISION OF THE CHARLES SIBBALD GRANT, RECORDED IN MAP BOOK 3, PAGE 151 , OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE, RUN S.79"00'40"W., ALONG THE NORTH LINE OF SAID CHARLES SIBBALD GRANT, AND SAID ASSESSOR'S SUBDIVISION OF THE CHARLES SIBBALD GRANT, A DISTANCE OF 1808.41 FEET; 'THENCE DEPARTING SAID NORTH LINE, RUN S.89°29'OS"W., PARALLEL TO THE NORTH LINE OF SAID SECTION 20,A DISTANCE OF 3245.10 FEET TO THE WEST LINE OF SAID SECTION 20; THENCE N.00°17'16"W., ALONG SAID WEST LINE, A DISTANCE OF 3067.20 FEET TO THE NORTHWEST CORNER OF SAID SECTION 20; THENCE N.00°54'04"W., ALONG THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 2650.1 7 FEET; THENCE N.00°19'17" E. , ALONG SAID WEST LINE, A DISTANCE OF 1245.74 FEET TO THE POINT OF BEGINNING. 5 S6ilce Rough passages are deleted. Underlined passages are added. Instrument#2 01 71 5781 0#6 Book:7434 Page:4529 Laura E. Roth, Volusia County Clerk of Court z N w i i y i i .EDGP\�AiEq ®SuhjeC Pr<peM1y