43-89 The subject property is located on the
east and west sides of North Federal
Highway, between Dixie Highway and the
NO ENCLAVE NUMBER ' City limits of the Town of Gulfstream,
THIS IS A VOLUNTARY ANNEXATION. and lying north of Allen Avenue and
south of Gulfstream Boulevard.
!MPRnyEn ANn I/NTMPROVEDT
ORDINANCE NO. 43-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH LOTS 2, 3, 4, 11,
12, 18, 26, 27, 28, 29, 33, 34 AND 36, THE
EAST 200 FEET OF LOT 9, LOT 14 (LESS THE
NORTH 20.25 FEET OF THE WEST 186 FEET THERE-
OF), AND THE EAST 80 FEET OF LOT 35, DELRAY
BEACH ESTATES, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 21, PAGE 13, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY; SAID LAND IS LOCATED ON
THE EAST AND WEST SIDES OF NORTH FEDERAL
HIGHWAY, BETWEEN DIXIE HIGHWAY AND THE CITY
LIMITS OF THE TOWN OF GULFSTREAM, AND LYING
NORTH OF ALLEN AVENUE AND SOUTH OF GULFSTREAM
BOULEVARD; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID-
ING FOR THE ZONING THEREOF TO GC (GENERAL
COMMERCIAL) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Richard A. Barnett is the fee simple owner of
Lots 2 and 3, Delray Beach Estates; Maurice A. Stimpson, Sr. and
Barbara J. Stimpson, his wife, are the fee simple owners of Lot
4, Delray Beach Estates; Smokeland Inc., of the Palm Beaches, a
Florida corporation, is the fee simple owner of the east 200 feet
of Lot 9, Delray Beach Estates; Bhikhu Patel, a married man, is
the fee simple owner of Lots 11 and 12, Delray Beach Estates;
Gene Moore, Trustee, is the fee simple owner of Lot 14 (less the
North 20.25 feet of the West 186 feet thereof), Delray Beach
Estates; Ralph Buick, Inc. is the fee simple owner of Lot 18,
Delray Beach Estates; Gulfstream Lodge, Inc., a Florida corpora-
tion, is the fee simple owner of Lots 26 and 27, Delray Beach
Estates; Thomas E. Brandt and Sandra E. Brandt, his wife, are the
fee simple owners of Lots 28 and 29, Delray Beach Estates;
Roseken, Inc., a Florida corporation, is the fee simple owner of
Lot 33, Delray Beach Estates; Century National Bank of Broward,
as Trustee, is the fee simple owner of Lot 34, Delray Beach
Estates; Paul E. Huhman and Sylvia B. Huhman, his wife, are the
fee simple owners of the East 80 feet of Lot 35, Delray Beach
Estates; and Arnold J. Granet and Gladys Granet, his wife,
Herbert L. Wachtel and Lenore E. Wachtel, his wife, Arthur
Sussman and Suellen Sussman, his wife, as tenants in common, are
the fee simple owners of Lot 36, Delray Beach Estates; and,
WHEREAS, the fee simple owners as hereinabove named
have requested by their petitions to have the property hereinaf-
ter described 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 petitions 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 171.044 of
the Florida Statutes,
NOW, THEREFORE, BE IT ORDAINED BY THE 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 lands located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
Lots 2, 3, 4, 11, 12, 18, 26, 27, 28, 29, 33,
34 and 36, the east 200 feet of Lot 9, Lot 14
(less the north 20.25 feet of the west 186
feet thereof), and the east 80 feet of Lot
35, DELRAY BEACH ESTATES, according to the
Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm
Beach County, Florida, recorded in Plat Book
21 at Page 13.
The subject property is located on the east
and west sides of North Federal Highway,
between Dixie Highway and the City limits of
the Town of Gulfstream, and lying north of
Allen Avenue and south of Gulfstream Boule-
vard.
The above described parcel contains 9.904
acres 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 GC (General Commercial)
as defined by existing ordinances of the City of Delray Beach,
Florida.
Section 4. 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 5. That this annexation of the subject proper-
ty, including adjacent roads, alleys, or the like, if any, shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys, or the like, unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section 6. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
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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 22nd day of August , 1989.
MAYOR
ATTEST:
First Reading July 25, 1989
Second Reading August 22, 1989
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