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2020-O-29 - 122 Coleman Street AN12/9/2020 2:03:08 PM Instrument #2020238975 #1 Book:7954 Page:4078 ORDINANCE NO. 2020-0-29 AN ORDINANCE ANNEXING .131 ACRES OF CERTAIN REAL PROPERTY LOCATED AT 122 COLEMAN STREET (PARCEL IDENTIFICATION NUMBER 8538-09-00-0810), 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. Abraham Sanchez, owner, has applied for annexation of property located at 122 Coleman Street within Volusia County, Florida. Subject property contains approximately .13± acres. 2. The owner has voluntarily petitioned (applied) the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is 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 September 16, 2020, 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, Struck through passages are deleted 1 Underlined passages are added 2020-0-29 Instrument #2020238975 #2 Book:7954 Page:4079 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, 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 Struck through passages are deleted 2 Underlined passages are added 2020-0-29 Instrument #2020238975 #3 Book:7954 Page:4080 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 Councilwoman Power, with Second by Councilman Conroy, the vote on the first reading of this ordinance held on November 4, 2020 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 Struck through passages are deleted 3 Underlined passages are added 2020-0-29 Instrument #2020238975 #4 Book:7954 Page:4081 After Motion to approve by ( _ . " Cp LA j,'1 C N Adl-A X11, l e C with Second by f �,�L'it;i �1 , the vote on the second reading/public hearing of this ordinance held on December 7, 2020 was as follows: AYE NAY Mayor Mike Thomas_ Councilwoman Christine Power( Councilwoman Gigi Bennington Councilwoman Megan O'Keefe Councilman Jonah Powers PASSED AND DULY ADOPTED this 7ch _day of December, 2020. ATTEST. CITY COUNCIL OF THE CIT-Y-O,E UiGEWATEK Bonnie Brown, CMC City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Yoon Struck through passages are deleted 4 Underlined passages are added 2020-0-29 Mike Approved by the City Council of the City of Edgewater at a meeting held on this 7`h day of December, 2020 under Agenda Item No. 8C Instrument #2020238975 #5 Book:7954 Page:4082 EXHIBIT "A' LEGAL DESCRIPTION Lot 81, South Waterfront Park, according to the map or plat thereof, as recorded in Map Book 23, Page 195, of the Public Records of Volusia County, Florida. This legal description includes any/all adjoining right-of-way relating to the subject property. Containing. 13± acres more or less Struck through passages are deleted Underlined passages are added 2020-0-29 Instrument #2020238975 #6 Book:7954 Page:4083 Laura E. Roth, Volusia County Clerk of Court N�tt�e 5t .b N N -10 -O 'C cd b