2018-O-20 3162019 9:13:32 AM Instrument#2019044373#1 Book:7664 Page:2703
ORDINANCE NO.2019-0-20
AN ORDINANCE ANNEXING 16.51± ACRES OF CERTAIN REAL
PROPERTY LOCATED NORTH OF S.R. 442 (INDIAN RIVER
BOULEVARD) WEST OF WILLOW OAK DRIVE TO AIR PARK ROAD
(PARCEL IDENTIFICATION NUMBERS 8438-01-00-0100; 8438.01-00-
0111; 8438-01-00-0260; 8438-01-00-2350), 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. Patricia McGinnis, applicant for McGinnis Family Properties, LLC, has applied
for annexation of property located north of S.R. 442 (Indian River Boulevard) west of Willow
Oak Drive to Air Park Road within Volusia County, Florida. Subject property contains
approximately 16.51±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.
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2018-0-20 1
Instrument#2019044373 #2 Book:7664 Page:2704
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. 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,
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2019-0-20 2
Instrument#2019044373#3 Book:7664 Page:2705
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,
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 Conroy with Second by Councilwoman Vogt,
the vote on the first reading of this ordinance held on August 6,2018 was as follows:
AVE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
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2018-0.20 3
Instrument#201 90 443 73#4 Book:7664 Page:2706
After Motion to approve by -c.t.YX:c.� - �- - c with
Second by �T ti�-:� i rums a�2�-.2 , the vote on
the second reading/public hearing of this ordinance held on March 4,2019 was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
District 2 VACANT
Councilman Megan O'Keefe
Councilman Gary T.Conroy
PASSED AND DULY ADOPTED this 4'"day of March,2019.
_..AT7UST: CITY COUNCIL OF T
6 _ F GF1 4TE ORIDA
Y• A
'ROW Matflsi k Mik as
> City Clerk/PamIegal ayor
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 0 day of
legality by: Aaron R.Wolfe,Esquire March,2019,under Agenda Item No. 8 CL
City Attorney
Doran, Sims,Wolfe&Cioccheai
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20[8-0.20 4
Instrument#2019044373 #5 Book:7664 Page:2707
EXHIBIT"A'
LEGAL DESCRIPTION
Lot 27 North of Road excluding the North 10 feet of West 362.5 feet Assessor's Subdivision of
Samuel Betts Grant, Map Book 3,Page 153,Public Records of Volusia County,Florida, less and
except any portion lying within state mad right of way.
Parcel No. 8438-01-00-0260
And
The South 39.89 feet of Lots 234 and 260 and Lots 235 to 237 inclusive excluding SR 442 and
Lots 261 excluding S. 31.77 feet West of road and Lots 262 and 263 East of road, excluding SR
442,Assessor's Subdivision of Samuel Betts Grant Map Book 3, Page 153,all located in Volusia
County, Florida less and except any portion lying within state road right of way.
Parcel No. 8438-01-00-2350
And
Lot 11,North of Road excluding the N 150.25 ft. of the E 337.5 ft.&excluding the N 150.25 ft.
of the West 337.5 ft. and including Lot 10, excluding the E 337.5 ft. and excluding the W 337.5
ft.,Assessors Subdivision of the Samuel Betts Grant,Public Records of Volusia County, Florida,
less and except any portion lying within state road right of way.
Parcel No. 8438-01-00-0100
And
The Northerly 150.25 ft. of the Westerly 337.5 ft. of Lot 11 North of the Road, Assessors
Subdivision of the Samuel Betts Grant as shown on Map Book 3, Page 153, Public Records of
Volusia County,Florida.
Parcel No. 8438-01-00-0111
Containing 16.51±acres more or less and being in Volusia County,Florida
This legal description includes any/all adjoining right-af--woy relating to the subject property.
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2018-0-20 5
Instrument#2019044373#6 Book:7664 Page:2706 Laura E. Roth,Vol usia County Clerk of Court
EXHIBIT 1113"
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2018-0.20 6
FLORIDA DEPARTMENT 0 STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
March 12, 2019
Ms. Kelsey Arcieri
Assistant to the City Clerk
City of Edgewater
Post Office Box 100
Edgewater,Florida 32132-0100
Dear Ms. Arcierh
This will acknowledge receipt of your letters dated March 5,2019 and copy of Ordinance No.2018-0-20
and 2018-0-30, annexing property into the City of Edgewater, which were filed in this office on March 11,
2019.
If we may be of further assistance,please contact this office at the number listed below.
Sincerely,
Ernest L.Reddick
Program Administrator
ELR/1b
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: 1850) 245-6270
w .dos.state.il.us
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