2006-O-45- 04/23/2007 02:25 PH
(!, Instrment# 2007-092624 R 1
, o C Book: 6047
Page: 3011
ORDINANCE NO.2006-0-45
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED SOUTH OF THE TAYLOR ROAD AND
GLENCOE ROAD INTERSECTION, 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:
Hanson & McCallister, hie., owner hereby authorizes Sid C. Peterson, Jr., to act as
agent/applicant for annexation of property located South of the Taylor Road and Glencoe Road
intersection, withinVolusia County, Florida. Subject property contains approximately 79.68 +acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
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.
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 ofthe City of Edgewater are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit `B".
3. The boundaries of Voting District 1 of the City of Edgewater are hereby designated
to include the property described herein.
4. Pursuant to Section 2.01 ofthe Charter ofthe 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 Rhodes,
the vote on the first reading of this ordinance held on December 4, 2006, was as follows:
AYE NAY
Mayor Mike Thomas ABSENT
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 Rhodes and Second by Councilwoman
Lichter, 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 Councilman Vincenzi and second by
Councilwoman Rogers, the second reading was continued by a vote of 4-0 (Councilwoman Rhodes
absent).
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After Motion to approve by t;c,,,,,itr,�,aa„ Rhoana and Second by
ro,�. , i I unman i.t ohtnr , 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 Vincena
x
Councilwoman Harriet B. Rhodes
x
Councilwoman Judy Lichter
x
PASSED AND DULY ADOPTED this 16' 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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5
Robin L. Matusick
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 R .
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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.
U. S. Lot 1, and a portion of U. S. Lot 2 and U. S. Lot 7, Section 6, Township 18 South, Range 34
East, Volusia County, Florida being described as follows:
For a Point of Beginning, commence at the northeast corner of said Section 6, said point being
marked by a 4" x 4" concrete monument with "St. Regis" etched on the side; thence South 0002 F00"
West, along the east line of said Section 6, a distance of 4167.45 feet to the southeast comer of said
U. S. Lot 7; thence South 88053'49" West, along the south line of said U. S. Lot 7, a distance of
50.01 feet; thence North 18034'33" West, a distance of 2280.61 feet to a 4" x 4" concrete monument
with an iron rod; thence North 53037'44" West, a distance of 727.93 feet; thence North 73008' 10"
East, a distance of 47.17 feet; thence North 61018'40" East, a distance of 1000.00 feet; thence North
28041'20" West, a distance of 500.00 feet; thence South 6101840" West, a distance of 1000.00 feet;
thence South 28041'20" East, a distance of 448.92 feet; thence South 73008'10" West, a distance of
73.33 feet; thence North 2804743" West, a distance of 574.76 feet to a 4" x 4" concrete monument
with an iron rod; thence North 00049'43" East, a distance of 1002.14 feet to the north line of said
Section 6; thence North 88055'28" East, along said north line of Section 6, a distance of 1700.30 feet
to the Point of Beginning.
and
The West 50 feet of the East 300 feet of SW 1/4 of the SW 1/4 of Section 36, Township 17 South,
Range 33 East, lying South of the existing County Road (exact South R/W to be established by
Volusia County Engineering Department by construction of paved road).
Containing 79.68 ± acres more or less.
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Diane M. Matousek
Volusia County, Clerk of Court