2000-O-08oA110/420W 06:56
.nstrument 4 W00-05%16
Boole; 4538
PaQ e : 4940
ORDINANCE NO. 2000-0-08
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT LOT 7, A PART OF LOT 4 WHICH IS
LOCATED AT 545 AIR PARK ROAD, VOLUSIA COUNTY,
INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT
TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF 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
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
The William L. Perry and Sue E. Perry are the owners of certain real property located
at Lot 7 and a Part of Lot 4 Air Park Road, in Volusia County, Florida. The proposed area of
annexation contains 2.5 acres more or less.
Other property owners in the surrounding areas have recently annexed into the City
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. The boundaries of voting District 1 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the meeting on December 15, 1999, the Planning and Zoning Board reviewed
Sevcktkaeagh passages are deleted.
Underlined passages are added.
2000-0-08
y R40N: - 4536
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a map of the proposed area of annexation, which included the Massey Annexation, Martin
Annexation and Crile (Red Carpet Helicopters) Annexation (areas recently annexed into the City of
Edgewater). After discussion, the Board recommended by a vote of 5 to 0 that the property be
annexed into 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 as
follows and depicted in the map identified as Exhibit A (attached hereto and incorporated herein)
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:
Lot 7, MASSEY INDUSTRIAL AIRPARK, being an unrecorded
subdivision and described as follows:
A part of U. S. Lot 4, Section 31, Township 17 South, Range 34 East
and being more particularly described as follows:
Commence at the Southeast comer of U. S. Lot 4, Section 31,
Township 17 South, Range 34 East; thence S 69' 15'31" W along the
southerly line of said U. S. Lot 4, a distance of 232.13 feet; thence N
06°45'31" W, a distance of 51.33 feet; thence S 69°15'31" W, a
distance of 416.65 feet; thence N 20 °46'36" W, a distance of 25.00
feet for the Point of Beginning; thence S 69' 15'31" W, a distance of
429.41 feet to the easterly R/W line of Air Park Road, a 50-foot R/W
as now laid out; thence N 20°46'36" W along said Easterly R/W line,
a distance of 253.60 feet; thence N 69 ° 15' 31" E, a distance of 429.41
feet; thence S 20°46'36" E, a distance of 253.60 feet to the Point of
Beginning.
Containing 2.50 acres more or less
Sh ack-thrangh passages are deleted.
Underlined passages are added.
2000-0-08
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There is hereby expressly reserved unto Grantor (Massey
Enterprises), its heirs, executors, administrators and assigns, an
assignable, perpetual and exclusive easement and right-of-way for an
airport taxiway, for drainage and utilities, and for any other lawful
purpose across the following described portion of the property
conveyed: The easterly 150 feet, measured at right angles to the
easterly line, of the above -described property. Without limitation,
Grantor (Massey Enterprises) may use said easement for any lawful
purpose including the construction and use of a taxiway to the Massey
Ranch Airpark. The easement granted hereby is exclusive to Grantor
(Massey Enterprises) and Grantee (William L. and Sue E. Perry) shall
not be permitted to use the premises granted by this easement or to
convey any other easement or conflicting rights within the area
covered by said grant except as provided in the Declaration of
Covenants, Easements and Restrictions.
2. The boundaries of the City of Edgewater are hereby redefined to include the property
described above and depicted in the map identified as Exhibit A.
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.
Sri ack thr migh passages are deleted.
Underlined passages are added.
2000-0-08
tr- ANok _ 4538
T joe= 4943
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. EFFECTIVE DATE.
This ordinance shall take effect upon adoption. -
PART E. ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
the first reading/public hearing of this ordinance held on March 20, 2000, was as follows:
Mayor Donald A. Schmidt AYE
Councilman James P. Brown AYE
Councilman Dennis A. Vincenzi AYE
Councilwoman Harriet E. Rhodes AYE
Councilwoman Judy Lichter AYE
Struck -through passages are deleted.
Underlined passages are added.
2000-0-08 4
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�.. `i Lge- 4945
Diane M. Matousek
Volusia County, Clerk of Court
After Motion by Councilwoman Rhodes
and Second by Councilman Brown ,the
vote on the second reading/public hearing of this ordinance held on April 3, 2000, was as follows:
Mayor Donald A. Schmidt
AYE
Councilman James P. Brown
AYE
Councilman Dennis A. Vincenzi
AYE
Councilwoman Harriet E. Rhodes
AYE
Councilwoman Judy Liehter
AYE
PASSED AND DULY ADOPTED this 3rd day of April, 2000,
ATTEST:
Susan J. Wifisworth
City Clerk
Snack-thr mgh passages are deleted.
Underlined passages are added.
2000-0-08 5
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: �•
Donald A. Scmidt
Mayor
Robin Matusick
Legal Assistant
ORDINANCE NO. 2000-0-08
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT LOT 7, A PART OF LOT 4 WHICH IS
LOCATED AT 545 AIR PARK ROAD, VOLUSIA COUNTY,
INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT
TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF 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
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
The William L. Perry and Sue E. Perry are the owners of certain real property located
at Lot 7 and a Part of Lot 4 Air Park Road, in Volusia County, Florida. The proposed area of
annexation contains 2.5 acres more or less.
2. Other property owners in the surrounding areas have recently annexed into the City
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. The boundaries of voting District 1 of the City of Edgewater are hereby designated
to include the property described herein.
During the meeting on December 15, 1999, the Planning and Zoning Board reviewed
Stmck-tin eugh passages are deleted.
Underlined passages are added.
2000-0-08
a map of the proposed area of annexation, which included the Massey Annexation, Martin
Annexation and Crile (Red Carpet Helicopters) Annexation (areas recently annexed into the City of
Edgewater). After discussion, the Board recommended by a vote of 5 to 0 that the property be
annexed into 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 as
follows and depicted in the map identified as Exhibit A (attached hereto and incorporated herein)
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:
Lot 7, MASSEY INDUSTRIAL AIRPARK, being an unrecorded
subdivision and described as follows:
A part of U. S. Lot 4, Section 31, Township 17 South, Range 34 East
and being more particularly described as follows:
Commence at the Southeast comer of U. S. Lot 4, Section 31,
Township 17 South, Range 34 East; thence S 69 ° 15'31 " W along the
southerly line of said U. S. Lot 4, a distance of 232.13 feet; thence N
06°45'31" W, a distance of 51.33 feet; thence S 69'1551" W, a
distance of 416.65 feet; thence N 20°46'36" W, a distance of 25.00
feet for the Point of Beginning; thence S 69' 1551" W, a distance of
429.41 feet to the easterly R/W line of Air Park Road, a 50-foot R/W
as now laid out; thence N 20 °46'36" W along said Easterly R/W line,
a distance of 253.60 feet; thence N 69 ° 15' 31" E, a distance of 429.41
feet; thence S 20°46'36" E, a distance of 253.60 feet to the Point of
Beginning.
Containing 2.50 acres more or less
Stuck throng! passages are deleted.
Underlined passages are added.
2000-0-08
There is hereby expressly reserved unto Grantor (Massey
Enterprises), its heirs, executors, administrators and assigns, an
assignable, perpetual and exclusive easement and right-of-way for an
airport taxiway, for drainage and utilities, and for any other lawful
purpose across the following described portion of the property
conveyed: The easterly 150 feet, measured at right angles to the
easterly line, of the above -described property. Without limitation,
Grantor (Massey Enterprises) may use said easement for any lawful
purpose including the construction and use of a taxiway to the Massey
Ranch Airpark. The easement granted hereby is exclusive to Grantor
(Massey Enterprises) and Grantee ( William L. and Sue E. Perry) shall
not be permitted to use the premises granted by this easement or to
convey any other easement or conflicting rights within the area
covered by said grant except as provided in the Declaration of
Covenants, Easements and Restrictions.
2. The boundaries of the City of Edgewater are hereby redefined to include the property
described above and depicted in the map identified as Exhibit A.
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.
Sn ackthioug! passages are deleted.
Underlined passages are added.
2000-0-08
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. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART E. ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
the first reading/public hearing of this ordinance held on March 20, 2000, was as follows:
Mayor Donald A. Schmidt AYE
Councilman James P. Brown AYE
Councilman Dennis A. Vincenzi AYE
Councilwoman Harriet E. Rhodes AYE
Councilwoman Judy Lichter AYE
Stmck fluough passages are deleted.
Underlined passages are added.
2000-0-08 4
0 O
After Motion by Councilwoman Rhodes
and Second by Councilman Brown , the
vote on the second reading/public hearing of this ordinance held on April 3, 2000, was as follows:
Mayor Donald A. Schmidt AYE
Councilman James P. Brown AYE
Councilman Dennis A. Vincenzi AYE
Councilwoman Harriet E. Rhodes AYE
Councilwoman Judy Lichter AYE
PASSED AND DULY ADOPTED this 3rd day of April, 2000.
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Strnek-droue passages are deleted.
Underlined passages are added.
2000-0-08 5
CITY COUNCIL OF THE
CITY OF EDGEWA�TER, FLORIDA
By: /ofoogr-1-
Donald A. Semidt
Mayor
)"t T) r
Robin . Matusick
Legal Assistant