2019-O-12 - 120 Godfrey Road AN 711012019 9:54:49 AM Instrument#2019135650#1 Book:7718 Page:3523
ORDINANCE NO.2019-0-12
AN ORDINANCE ANNEXING .40± ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 120 GODFREY ROAD (PARCEL
IDENTIFICATION NUMBER 8413-03-00-03-20), 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:
L Alfred and Luang Schmitz, owners, have applied for annexation of property
located at 120 Godfrey Road within Volusia County, Florida. Subject property contains
approximately.40f 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 4 of the City of Edgewater we hereby
designated to include the property described herein.
5. During the Planning and Zoning Board meeting on May 8, 2019, the Board
recommended that the property be annexed into the City of Edgewater.
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2019-0-12 1
Instrument#2019135650 42 Book:7718 Page:3524
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 pan 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 pans thereof in conflict with this ordinance,
we hereby superseded by this ordinance to the extent of such conflict.
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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 Wheals 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 Councilman Conroy,
the vote on the fist reading of this ordinance held on June 3,2019,was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Kimberley Yaney X
Councilwoman Megan O'Keefe X
Councilman Gary T. Conroy X
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2019-0-12 3
Instrument#2019135650#4 Book:7718 Page:3526
After Motion
-toapprove by— xr/�G7�r_c;�i.�1Pr� with
Second by —x_7�c2� CcY3Trr. Or��.c�.� , the vote on
the second reading/public hearing of this ordinance held on July 1,2019, was as follows:
AYE NAY
Mayor Mike Thomas �1
Councilwoman Christine Power
Councilwoman Kimberley Yaney
Councilwoman Megan O'Keefe
Councilman Gary T.Conroy
PASSED AND DULY ADOPTED this I" day of July,2019.
ATTEST: CITY COUNCIL OF THE
� ITYOFT 'O DA
114
Robin Matusick Mike
City Clerk/Paralegal May
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 t"day of
legality by: Aaron R.Wolfe,Esquire July,2019 under Agenda Item No. 8 CL
City Attorney
Doran,Sims, Wolfe Cioccheni&
Yoon
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Instrument#201 91 356 50#5 Book:7718 Page:3527
EXHIBIT"A'
LEGAL DESCRIPTION
Lots 32 and 33, Re Subdivision of Waterway Park Sec 1, according to the Plat thereof as
recorded in Plat Book 19,Page 269, of the Public Records of Volusia County,Florida.
Containing.40f 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.
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2019-0-12 5
Instrument#2019135650#6 Book:7718 Page:3528 Laura E. Roth,Vol usia County Clerk of Court
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