2025-O-02 - AN - 131 Poinciana Road 4/1 0/2025 1 0:19:02 AM Instrument#2025066180#1 Book:8688 Page:256
ORDINANCE NO.2025-O-02
AN ORDINANCE ANNEXING 0.4 ± ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 131 POINCIANA ROAD (PARCEL
IDENTIFICATION NUMBER 5413-04-00-3960), 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. Tyler Schmitz,owner,has applied for annexation of property located at 131 Poinciana
Road within Volusia County, Florida. Subject property contains approximately .4±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.
S. During the Planning and Zoning Board meeting on February 12, 2025, the Board
recommended that the property be annexed into the City of Edgewater.
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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 of the City of Edgewater are hereby redefined to include the
property described herein and depicted in the reap identified as Exhibit 111311.
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 Clem 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.
PANT 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
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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 ofVolusia County, Florida.
PART E. EFFECTIVE HATE.
This ordinance shall take effect upon adoption.
PASSED AND DULY ADOPTED this day of .32 5.
M
D iezel DePew, Mayor
j ATfEa G
Bonnie Zlotnik, C,City Clerk
4 P-1
Passed on first reading on the<9 day of 2025
REVIEWER AND APPROVED.
Aaron R. fe, C ty Attorney
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EXHIBIT"A'
LEGAL DESCRIPTION
Lots 396 and 397, waterway Park, Sec#2,according to the map or plat thereof,as recorded in
Map Book 19, Page 270,of the Public Records of Volusia County, Florida, included vacated 15
feet Drainage right of way between Lots 396 and 397.
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