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ORDINANCE NO.2006-0-46
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED SOUTH OF TWO OAKS DRIVE AND NORTH OF
27" STREET, 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. Omer and Paulette Stull, owner/applicant for annexation of property located South
of Two Oaks Drive and North of 27" Street, within Volusia County, Florida. Subject property
contains approximately 20.28 ± acres.
2. The owner/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 the conditions for annexation
and the economics thereof are satisfactory.
4. During the Planning and Zoning Board meeting on November 8, 2006, the Board
recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater.
5. The City Council is desirous of annexing the real property described herein and finds
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and determines the area proposed to be annexed to be reasonably compact and contiguous to the
City.
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.
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".
The boundaries of Voting District 3 of the City of Edgewater are hereby designated
to include the property described herein.
4. 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.
5. 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.
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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.
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.
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PART F. ADOPTION.
After Motion to approve by Councilwoman Lichter and Second by Councilwoman Rogers,
the vote on the first reading of this ordinance held on December 4, 2006, was as follows:
AYE NAY
Mayor Mike Thomas ABShNI
Councilwoman Debra J. Rogers X
Councilman Dennis Vincenzi x
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
On January 8, 2007 a motion to approve continuance of second reading until the April 2,
2007 City Council meeting was made by Councilwoman Lichter and Second by Councilwoman
Rhodes, motion carried 5-0.
The April 2, 2007 Council meeting was canceled and rescheduled for April 9, 2007 with
additional legal advertisements placed.
During the April 9, 2007 Council meeting, the applicant's attorney requested a continuance
to the April 16, 2007 meeting. After a motion by Councilwoman Rogers and second by
Councilwoman Lichter, the second reading was continued by a vote of 4-0 (Councilwoman Rhodes
absent).
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After Motion to approve by c2uncilwoman Rhodes and Second by
Councilman Vlncenzi the vote on the second reading/public hearing of this ordinance held on
April 16, 2007, was as follows:
AYE NAY
Mayor Mike Thomas
x
Councilwoman Debra J. Rogers
=x
Councilman Dennis Vincenzi
x
Councilwoman Harriet B. Rhodes
x
Councilwoman Judy Lichter
x
PASSED AND DULY ADOPTED this 16th day of April, 2007
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
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CITY COUNCIL OF THE
Ro in L. Matuaick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th day
of April, 2007 under Agenda Item No. 7 c .
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
The East %: of the Northwest 1/4 of the Southeast 1/4 of Section 2, Township 18 South, Range 34
East, Volusia County, Florida
Containing 20.28 ± acres more or less.
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Diane N. Natousek
Volusia County, Clerk of Court