49-89The subject property is located on the east side
of North Federal Highway and west of the Town
of Gulfstream, lying north of Allen Avenue and
NO ENCLAVE NUMBER south of Gulfstream Boulevard.
THIS IS A VOLUNTARY ANNEX-
ATION. IMPROVED
ORDINANCE NO. 49-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF ~ELRAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH LOT 35 (LESS THE
EAST 80 FEET THEREOF), 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 CONTIGU-
OUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; SAID LAND IS LOCATED ON THE EAST SIDE
OF NORTH FEDERAL HIGHWAY AND WEST OF THE TOWN
OF GULFSTREAM, 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 OBLIGA-
TIONS OF SAID LAND; PROVIDING FOR THE ZONING
THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE; PROVID-
ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach, a Florida municipal
corporation, is the fee simple owner of the property hereinafter
described; and,
WHEREAS, the City of Delray Beach, a Florida municipal
corporation, seeks to have the property annexed into the munici-
pal 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; 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 land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
Lot 35 (less the East 80 feet thereof),
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
side of North Federal Highway and west of the
Town of Gulfstream, lying north of Allen
Avenue and south of Gulfstream Boulevard.
The above described parcel contains a 0.746
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 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.
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
on March 1, 1990.
PASSED AND ADOPTED in regular session on second and
final reading on this the ~2ndday of Auaust , 1989.
MAYOR
ATTEST:
First Reading July 25, 1989
Second Reading A,~g,~.~t 22: 1989
2 Ord. No. 49-89