ORDINANCE NO. 2018-06 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA, RELATING TO VOLUNTARY ANNEXATION OF REAL PROPERTY LOCATED AT 3036 S. PENINSULA DRIVE (TAX PARCEL IDENTIFICATION NUMBER 5334-02-02-0161) TOGETHER WITH ASSOCIATED RIGHT-OF- WAYS IN ACCORDANCE WITH SECTION 171.044, FLORIDA AND STATUTES; ADMINISTRATIVE THE BOUNDARIES OF THE CITY; PROVIDING FOR LEGAL EFFECT AND IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR SEVERABILITY, PROVIDING FOR NON-CODIFICATION AND SETTING AN EFFECTIVE DATE. LEGISLATIVE REDEFINING CONFLICTS; PROVIDING PROVIDING FINDINGS; FOR FOR WHEREAS, the applicant is the fee simple title owner of all of said property WHEREAS, the subject property is currently addressed 3036 South Peninsula WHEREAS, William E. Dennison applied for annexation of property into the City of Daytona Beach Shores and is hereby determined to be the fee simple title owner of the real property described below; and WHEREAS, the said applicant petitioned the City of Daytona Beach Shores, pursuant to Section 171.044, Florida Statutes, for annexation of said property into the municipal limits of the City of Daytona Beach Shores; and Drive; and being described by Tax Identification Parcel Number as follows: ; and WHEREAS, the City of Daytona Beach Shores has determined that all of the property which is proposed to be annexed into the City of Daytona Beach Shores is within an unincorporated area of Volusia County, is reasonably compact and contiguous to the corporate areas of the City of Daytona Beach Shores, Florida and it is further determined that the annexation of said property will not result in the creation of any enclave (and, indeed, logically fills in the City Limits of the City and is consistent with sound principles and practices relating to the delineating of jurisdictional boundaries thereby furthering sound management in terms of the provision of public facilities and services as well as sound land use planning), and it is further determined that the property otherwise fully complies with the requirements of State law and has, further, determined Tax Identification Parcel Number William E. Dennison 5334-02-02-0161 Owner Ordinance 2018-06 Page No.1 that associated rights-of-way should be annexed hereby; and WHEREAS, the City Council of the City of Daytona Beach Shores, Florida has taken all actions in accordance with the requirements and procedures mandated by State law; and WHEREAS, the City Council of the City of Daytona Beach Shores, Florida hereby determines that it is to the advantage of the City of Daytona Beach Shores and in the best interests of the citizens of the City of Daytona Beach Shores to annex the aforedescribed property; and WHEREAS, the provisions of Section 166.031(3), Florida Statutes, provide that [a] municipality may, by ordinance and without referendum, redefine its boundaries to include only those lands previously annexed and shall file said redefinition with the Department of State pursuant to the provisions of subsection (2); and WHEREAS, the provisions of Section 171.091, Florida Statutes, provide as follows: Recording.Any change in the municipal boundaries through annexation or contraction shall revise the charter boundary article and shall be filed as a revision of the charter with the Department of State within 30 days. A copy of such revision must be submitted to the Office of Economic and Demographic Research along with a statement specifying the population census effect and the affected land area. ; and WHEREAS, the map attached hereto as Exhibit A shows, describes, and depicts the property and named associated rights-of-ways which are hereby annexed into the City of Daytona Beach Shores said Exhibit being incorporated into the substantive provisions of this Ordinance as if fully set forth herein verbatim. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF LEGISLATIVE AND THE CITY OF DAYTONA BEACH SHORES, FLORIDA, as follows: SECTION ONE: FINDINGS/ANNEXATION OF PROPERTIES. (a). The City Council of the City of Daytona Beach Shores hereby finds that the recitations set forth are true and correct and that the requirements of Section 171.044, Florida Statutes, as well as all other requirements of controlling law, have been complied with in every respect. (b). Under the authority of Section 166.031 (3), Florida Statutes, relating to city charter amendments, [a] municipality may amend its charter pursuant to this section ADMINISTRATIVE Ordinance 2018-06 Page No.2 notwithstanding any charter provisions to the contrary. . . . . A municipality may, by ordinance and without referendum, redefine its boundaries to include only those lands previously annexed and shall file said redefinition with the Department of State . . . This Ordinance shall amend the boundaries of the City to include the property annexed in this Ordinance. SECTION TWO: ANNEXATION INTO THE CITY. The real property depicted and described by metes and bounds in Exhibit A appended hereto, which Exhibit is made part hereof and which property is owned by the petitioning property owner, and further described as set forth below, together with the associated rights-of-way as described below, is hereby annexed into the City Limits of the City of Daytona Beach Shores, said property being described as follows: The North 75 feet of the South 150 feet of Lots 15 and 16 West of South Peninsula Drive and filled inland West of same and that area abutting the City Limits of the City of Daytona Beach Shores said Lots being located in Block 2, ROGERS NORTH ORITA, Map Book I. page 115, Public Records of Volusia County, Florida, or Official Records Book 4013, Page 951 or Official Records Book 5365 Page 623 or Official Records Book 5998 Page 3421-3422; together with all rights-of-way of South Peninsula Drive abutting any property located within the City Limits of the City of Daytona Beach Shores and all rights-of-way of South Peninsula Drive abutting any property located within the City of Daytona Beach Shores, and, further, all lands abutting any property located within the City of Daytona Beach Shores to the thread of the Halifax River. SECTION THREE: CHANGE IN CITY BOUNDARIES/LEGAL EFFECT OF ANNEXATION. The boundary lines of the City Limits of the City of Daytona Beach Shores are hereby redefined and, upon the effective date of this Ordinance shall also encompass the annexed property as described herein and depicted in Exhibit A. Upon this Ordinance becoming effective, the property owner of the annexed property shall be entitled to all the rights and privileges and immunities as are from time-to-time granted to property owners of the City as further provided in Chapter 171, Florida Statutes, and shall further be subject to the responsibilities of ownership as may from time-to-time be determined by the governing authority of the City and the provisions of said Chapter 171, Florida Statutes. SECTION FOUR: ADMINISTRATIVE IMPLEMENTING ACTIONS. (a). Within seven (7) days of the adoption of this Ordinance, the City Clerk shall file a copy of said Ordinance with the Clerk of the Court (Land Records/Recording), with the Chief Administrative Officer of Volusia County (the County Manager), with the Florida Department of State, and with such other agencies and entities as may be required by law or otherwise desirable. Ordinance 2018-06 Page No.3 The City Manager, or designees within City management staff, shall ensure that (b). the property annexed by this Ordinance is incorporated into the City of Daytona Beach Shores Comprehensive Plan and the Official Zoning Map of the City of Daytona Beach Shores in an expeditious manner and, in accordance with, and pursuant to, the provisions of Under the authority of Section 166.031(3), Florida Statutes, the City Manager, or designees, shall amend the boundaries of the City to include the property annexed in this Ordinance and all previously annexed properties in all maps and geographical data relating to the City Limits said properties to include, but not be limited to, annexed rights-of-way and natural features. SECTION FIVE: CONFLICTS. Any and all ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed. SEVERABILITY. If any section, subsection, sentence, clause, or SECTION SIX: phrase of this Ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION SEVEN: NON-CODIFICATION. This Ordinance shall be not be codified in the City Code of the City of Daytona Beach Shores, or the Land Development Code of the City of Daytona Beach Shores, or the City of Daytona Beach Shores Comprehensive Plan provided, however, that the actions taken herein shall be depicted on the pertinent maps of the City of Daytona Beach Shores by the City Manager, or designee. SECTION EIGHT: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage and adoption. CITY OF DAYTONA BEACH SHORES, FLORIDA ______________________________________ NANCY MILLER, MAYOR ____________________________________ MICHAEL T. BOOKER, CITY MANAGER Approved as to form and legality: ________________________________________ LONNIE GROOT, CITY ATTORNEY Passed on first reading this ______ day of ________, 2018. Adopted on second reading this _______ day of _______, 2018. ______________________________ CHERI SCHWAB, CITY CLERK Ordinance 2018-06 Page No.4 (1) Location Map of Annexing Property (3036 South. Peninsula Drive) EXHIBIT A Source: Volusia County Property Appraiser Website (PALMS), 2018 (2) Metes and Bounds Description PARCEL 5334-02-02-0161, BEING THE NORTHERLY 75 FEET OF THE SOUTHERLY 150 FEET OF LOTS 15 AND 16, BLOCK 2, ROGERS NORTH ORITA AS RECORDED IN MAP BOOK 1, PAGE 115 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT 15 WITH THE WESTERLY RIGHT OF WAY LINE OF SOUTH PENINSULA DRIVE, AS NOW LAID OUT; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE TO THE SOUTHERLY LINE OF THE NORTHERLY 75 FEET OF THE SOUTHERLY 150 FEET OF SAID LOTS 15 AND 16 AND THE POINT OF BEGINNING, SAID SOUTHERLY LINE OF SAID NORTHERLY 75 FEET LYING 75 FEET NORTHERLY AS MEASURED PERPENDICULAR TO THE SOUTHERLY LINE OF SAID LOT 15; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID NORTHERLY 75 FEET TO THE EASTERLY MEAN HIGH WATER LINE OF THE HALIFAX RIVER; THENCE NORTHERLY ALONG THE EASTERLY MEAN HIGH WATER LINE OF THE HALIFAX RIVER TO THE NORTHERLY LINE OF SAID NORTHERLY 75 FEET; THENCE EASTERLY, PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 15 TO THE WESTERLY RIGHT OF WAY LINE OF SOUTH PENINSULA DRIVE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE TO THE POINT OF BEGINNING. Ordinance 2018-06 Page No.5