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40-85 IMPROVED -- SOUTH SIDE OF GERMANTOWN ROAD, BETWEEN THE E-4 CANAL AND S.W. 35th AVENUE. ORDINANCE NO. 40-85 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE SOUTH SIDE OF GERMANTOWN ROAD, BETWEEN THE E-4 CANAL AND S.W. 35TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ronald A. Siegrist is the fee-simple owner of the prop- erty hereinafter described; and, WHEREAS, Ronald A. Siegrist has requested by his petition to have the property annexed into the municipal limits of the City of Delray Beach; and, WHEREAS, the subject property hereinafter described is now con- tiguous to the corporate limits of the City of Delray Beach, thus making said petition for annexation effective at this time; and, WHEREAS, the designation of a zoning classification is part of the annexation proceeding, the City Council has determined that the pro- cedures set forth in Section 30-23 of the Zoning Code, which applies to property already in the City limits, shall not be applicable in annexation proceedings; and, WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contigu- ous to said City to-wit: That portion of Government Lot 1, lying .South of German- town Road and the West ½ of Government Lot 2, lying South of Germantown Road, in Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida, LESS the South 40.0 feet thereof for "West Lateral" Canal and "Roadway" right-of-way as shown in Plat Book 6, Page 52; and LESS the North 5.0 feet of the South 45.0 feet thereof for the additional required right-of-way of Lake Worth Drainage District Lateral Canal No. 37, as shown on Sheet 120 of 240 sheets dated May, 1969, recorded in Public Records of Palm Beach County, Florida. The subject property is located on the south side of Germantown Road, between the E-4 Canal and S.W. 35th Avenue. The above-described parcel contains a 20.732 acre parcel of land, more or less. Section 2. That the Boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That Section 30-23 of the Zoning Code shall not apply to the establishment of a zoning classification in this ordinance. Section 4. That the tract of land hereinabove described is hereby declared to be in Zoning District R-1AAA (Single Family Dwelling) as defined by existing ordinances of the City of Delray Beach, Florida. Section 5. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. Section 6. That this annexation of the subject property, in- cluding adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 7. That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a Court of competent jurisdic- tion, such record of illegality shall in no way affect the remaining portion. Section 8. That this ordinance shall become effective immedi- ately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 28th day of May , 1985. ATTEST: City Clerk First Reading April 23. 1985 Second Reading May 28, 1985 - 2 - Ord. No. 40-85 ELLS THE C,O-O S S WINDS SPANISH WELLS '- ( DELR AA ASAL PIN ·., ?... CONDO N ;ABAL PINE SOUTH PHASE Z SIEGRZST iANNEXATI0N IK.~*-PG.tO 1" = 500' DELRA'~ CITY OF DELi I:I¥ r~ May 31, 1985 City Realty Service, Inc. %Susan M. Knoll & Gene Grant 2551 N.W. 27th Street Boca Raton, Florida 33636 Dear Sir: This is to advise you that by Ord. No. 40-85 your property described in the Ordinance was annexed to the City of Delray Beach. The Ordi- nance was passed and adopted on May 28, 1985 , and will become effective immediately. Copy of said Ordinance is enclosed herewith. We are pleased to welcome you into the City of Delray Beach and believe that you will benefit by the extension of all convenient City services and all other advantages which a City is in a position to offer. Very truly yours, CITY OF DELRAY BEACH E liZ~be th Arnau City Clerk Enclosure cc: Mr. Byron Matteson CITY OF DELI:iffY 8EI:Ii:H May 31, 1985 Mr. Ronald A. Siegrist 105 Lake Front Drive Cockeysville, Maryland 21030 Dear Mr. Seigrist: This is to advise you that by Ord. No. 40-85 your property described in the Ordinance was annexed to the City of Delray Beach. The Ordi- nance was passed and adopted on May 28, 1985 , and will become effective immediately. Copy of said Ordinance is enclosed herewith. We are pleased to welcome you into the City of Delray Beach and believe that you will benefit by the extension of all convenient City services and all other advantages which a City is in a position to offer. Very truly yours, CITY OF DELRAY BEACH El~abeth Arnau City Clerk Enclosure cc: Mr. Byron Matteson