29-89 Located on %he east side of ki!itary rfrail,
between West ~tlantic ~venue and Lake Ida
Load, approximately 2,240 feet north of West
3~tlantic ?~venue.
IMPROVED
'~RDINANCE NO. 29-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46
SOUTH, RANGE 42 EAST, PA!~ BEACH COUNTY, FLORIDA, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; SAID LAND IS LOCATED ON THE EAST SIDE OF MILITARY
TRAIL, BETWEEN WEST ATLANTIC AVENUE AND LAKE IDA ROAD,
APPROXIMATELY 2,240 FEET NORTH OF ~,~ST ATLANTIC 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 TO CF (COMMUNITY
FACILITIES) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the United States Postal Service-is the fee-simple
owner of the property hereinafter described; and,
WHEREAS, the United States Postal Service has requested
pursuant to Agreement For Water Service dated January 30, 1987, and
recorded in Official Record Book 5179, Page 0314, which agreement was a
covenant for annexation running with the property hereinafter described,
to have the subject property annexed into the municipal limits of the
City of Delray Beach; and,
WHEREAS, the subject property, hereinafter described is now
contiguous 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, and provisions of City Code Section 173.886
have been followed in establishing the proposed zoning designation; and,
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.~44 of the
Florida Statutes,
NOW, THEREFORE, BE IT ORDAINED BY ?~E CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission 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 contiguous to said City to-wit:
The West 680 feet of the North One-Quarter (N 1/4) of the
Southwest One-Quarter (SW 1/4) of the Northwest
One-Quarter (NW 1/4) of Section 13, Township 46 South,
Rahge 42 East, Palm Beach County, Florida.
Less additional right-of-way for ~litary Trail (State
Road 809) as deeded to Palm Beach County in Official
Record Book 3467, Pages 1528 through 1530, in and for the
Public Records of Palm Beach County, Florida.
Subject to an easement to Florida Power and Light Company
as recorded in Official Record Book 2055, Pages 1095 and
1096, in and for the Public Records of Palm Beach County,
Florida.
The subject property is located on the east side of
Military Trail, between West Atlantic Avenue and Lake Ida
Road, approximately 2,240 feet north of West Atlantic
Avenue.
The above-described parcel contains a 5.39 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 173.886 of the Zoning Code has been
followed in the establishment of a zoning classification in this
ordinance and the tract of land hereinabove described is hereby declared
to be in Zoning District CF (Community Facilities) as defined by
existing ordinances of the City of Delray Beach, Florida.
Section 4. That the land hereinabove described shall immedi-
ately 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 5. That this annexation of the subject property,
including 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 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 23rd day of May , 1989.
MAYOR
ATTEST:
First Reading April 25t 1989
Second Reading May 23, 1989
-2- Ord. No. 29-89
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