2020-O-17 - 125 S Cory Drive ANR r 11 /16/2020 9:34:31 AM Instrument #2020220070 #1 Book:7941 Page:3277
ORDINANCE NO. 2020-0-17
AN ORDINANCE ANNEXING .21521 ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 125 SOUTH CORY DRIVE (PARCEL
IDENTIFICATION NUMBER 8412-05-00-0750), 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. Anthony and Hope Pawlak, owners, have applied for annexation of property
� located at 125 South Cory Drive within Volusia County, Florida. Subject property contains
approximately .2152 f 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 located within the Interlocal Service Boundary Agreement
mutually adopted by VoIusia 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 12, 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,
/"`1
Struck through passages are deleted
Underlined passages are added
2020-0-17 1
/O�
Instrument #2020220070 #2 Book:7941 Page:3278
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
Underlined passages are added
2020-0-17 2
/0"�
Instrument #2020220070 #3 Book:7941 Page:3279
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 October 5, 2020 was as follows:
rd"0�)
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Kimberley Yaney
Councilwoman Megan O'Keefe
Councilman Gary T. Conroy
Struck through passages are deleted
Underlined passages are added
2020-0-17
3
M
G
X
X
X
W
Instrument #2020220070 #4 Book:7941 Page:3280
s
After Motion to approve by ��r-cLfZely„r-a.c-c �', with
Second by qE i— - the vote on the second reading/public hearing
of this ordinance held on November 4, 2020 was as follows:
AYE NAY
Mayor Mike Thomas "IN
Councilwoman Christine Power IN
Councilwoman Kimberley Yaney
Councilwoman Megan O'Keefe
Councilman Gary T. Conroy \►
PASSED AND DULY ADOPTED this 0 day of November, 2020.
S"t 0-4tA..
Fl.
s
li;o gh, Matusick' �q
�.
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, Ciocchetti &
Yoon
Struck through passages are deleted
Underlined passages are added
2020-0-17
4
!'r'TV rnTnvrYr nL''Puc
Approved by the City Council of the City of
Edgewater at a meeting held on this 0 day of
November, 2020 under Agenda Item No.
8 41- .
Instrument #2020220070 #5 Book:7941 Page:3281
EXHIBIT "A'
LEGAL DESCRIPTION
LEGAL DESCRIPTION: LOT 74:
A portion of Lot 1, Plat of Bella Vista Subdivision -Unit No. 3, according to the map thereof as
recorded in Map Book 11, Page 164 of the Public Records of Volusia County, Florida, being
more particularly described as follows:
Commence at the Intersection of the Southerly fine ° of said Lot 1 and the Easterly Right of Way
Line of U.S. Highway No. 1; thence North 68 41' East 1150.19 feet along the Southerly fine of
said Lot 1; thence North 16°19' West 175.09 feet for the point of beginning; thence continue
North 16°19' West 124.9 feet; thence South 68°41' West 75.00 feet, thence South 16019' East
124.9 feet; thence North 68041' East 75.00 feet to the point of beginning. Also described as
Parcel 74, Cory Estates Unrecorded.
Together with the right of use a 50 Foot Easement described as follows: Commence at the
intersection of the Southerly fine of said Lot 1 and the Easterly right of way line of U.S.
Highway No. 1; thence North 16° 19' West 149. 9 feet for the point of beginning; thence North
68°41' East 425 feet; thence South 16°19' East 25 feet; thence North 68°41' East 725.19 feet;
thence North 16119' West 50.19 feet; thence South 68.41' West 675 feet; thence North 16019'
West 25 feet; thence South 68.41° 41' West 475.19 feet to the Easterly right of way line of U.S.
(90k) Highway No. 1; thence South 16'19' East 50. 19 feet along the said Easterly right of way to the
point of beginning. Said Easement lying and being in Lot 1 Plat of Bella Vista Subdivision - Unit
No. 3
W
This legal description includes anylall adjoining right-of-way relating to the subject property.
Containing .2152 acres more or less
Struck through passages are deleted
Underlined passages are added
2020-0-17
w
Instrument #2020220070 #6 Book:7941 Page:3282 Laura E. Roth, Volusia County Clerk of Court
ate+
W 79
N y�
N
CL
s�4 'Cayt r.
N
VJr�N