2019-O-17 - 425 Clinton Cemetery Road AN 10/15/2019 1 0:16:17 AM Instrument#2019201953#1 Book:7760 Page:510
ORDINANCE NO.2019-0-17
AN ORDINANCE ANNEXING 9.998± ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 425 CLINTON CEMETERY ROAD (PARCEL
IDENTIFICATION NUMBER 8424-00-00-0032), 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. Constance Silver, is the applicant on behalf of Lakeview Estates of Edgewater,
LLC, owner, has applied for annexation of property located at 425 Clinton Cemetery Road
within Volusia County,Florida. Subject property contains approximately 9.998±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 are hereby
designated to include the property described herein.
5. During the Planning and Zoning Board meeting on August 14, 2019, the Board
recommended that the property be annexed into the City of Edgewater.
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Instrument#2019201953#2 Book:7760 Page:511
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 adaption, 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.
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2019-0-17 2
Instrument#2 0192 01 9 53#3 Book:7760 Page:512
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 Power,
the vote on the first reading of this ordinance held on September 9, 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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2019-417 3
Instrument#2019201953#4 Book:7760 Page:513
After Motion to approve by with
Secondby�[-e7T.../LeZr-v�..1 �/C!_CyL, the vote on the second reading/public hearing
of this ordinance held on October 7,2019 was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Kimberley Yaney
Councilwoman Megan O'Keefe �.
Councilman Gary T.Conroy
PASSED AND DULY ADOPTED this r day of October,2019.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEW TE O
Robin Matusick `�(Mike h na
City Clerk/Paralegal Zayor
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 7'"day of
legality by: Aaron R. Wolfe,Esquire October, 2019 under Agenda Item No. 8 CL. .
City Attorney
Doran,Sims,Wolfe Ciocchetti&
Yoon
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2019.0-17 4
Instrument#201 92 01 953#5 Book:7760 Page:514
EXHIBIT`A'
LEGAL DESCRIPTION
A part of US. Lot 2, and Northwest 1/4 of Section 24, Township l8 South, Range 34 East,
Volusia County, Florida, lying Easterly of the Florida East Coast Railway, a 100 foot Right of
Way and being more particularly described as follows: Commence at the Northwest comer of
said Section 24; thence South 00'34'36" Eas4 along the West line of said Section 24, a distance
of 14DO.O1) feet; thence North 86'18'56" East, a distance of 2136.DO feet for the POINT OF
BEGINNING; thence South 22'35'17" East a distance of 1161.29 feet; thence North 6743'02"
East, a distance of 398.06 feet; thence North 22"35'17" West, a distance of 1027.10 feet; thence
South 86'18'56" West, a distance of 420. 75 feet to the Point of Beginning, TOGETHER WITH
the right to use a 60 foot road and utility easement for ingress and egress as described in Official
Records Book 2067,Page 1766,Public Records of Volusia County, Florida.
Containing 9.998 Acres of land more or less and being in Volusia County,Florida
This legal description includes any/al(adjoining right-of-way relating to the subject property.
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2019-0-17 5
Instrument#2019201953#6 Book:7760 Page:515 Laura E. Roth,Volusia County Clark of Court
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