66-89 Located at the northeast corner of West
Atlantic Avenue and Military Trail, and
on the south side of West Atlantic Ave.,
between Whatley Road and Barwick Road.
VOLUNTARY ANNEXATION
IMPROVED PROPERTY
ORDINANCE NO. 66-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH SIXTEEN (16) PARCELS
OF LAND LYING AND BEING IN SECTION 13,
TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID
LAND IS LOCATED AT THE NORTHEAST CORNER OF
WEST ATLANTIC AVENUE AND MILITARY TRAIL, AND
ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE,
BETWEEN WHATLEY ROAD AND BARWICK ROAD;
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 GC (GENERAL COMMERCIAL)
DISTRICT, IN PART, POC (PLANNED OFFICE
CENTER) DISTRICT, IN PART, AND ACT (AGRICUL-
TURAL COMMERCIAL TRANSITIONAL) DISTRICT, IN
PART; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Neil E. MacMillan and Nellie M. MacMillan, as
tenants in common, are the fee simple owners of the East Half (E
1/2) of the Northwest Quarter (NW 1/4) of the Southeast Quarter
(SE 1/4) of the Southwest Quarter (SW 1/4) of Section 13, Town-
ship 46 South, Range 42 East, Palm Beach County, Florida; Consol-
idated Capital is the fee simple owner of the West Half (W 1/2)
of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE
1/4) of the Southwest Quarter (SW 1/4) of Section 13, Township 46
South, Range 42 East, Palm Beach County, Florida; Danilo
Giamberini, a married man, is the fee simple owner of Lots 8 and
9, Country Club Acres, according to the Plat thereof as recorded
in Plat Book 24 at Page 10 of the Public Records of Palm Beach
County, Florida; New Rochelle Plaza is the fee simple owner of
the East 100 feet of the West Quarter (W 1/4) of the Northeast
Quarter (NE 1/4) of the Southwest Quarter (SW 1/4), less the
North 753 feet.thereof, of Section 13, Township 46 South, Range
42 East, Palm Beach County, Florida; Delray Office Plaza Associ-
ates is the fee simple owner of the West 230 feet of the North
448.67 feet (less the North 60 feet canal right-of-way) of the
Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of
Section 13, Township 46 South, Range 42 East, Palm Beach County,
Florida; Provestco Inc. is the fee simple owner of the West 230
feet of the South 875.06 feet of the Northeast Quarter (NE 1/4)
of the Southwest Quarter (SW 1/4) of Section 13, Township 46
South, Range 42 East, Palm Beach County, Florida; Jafto Manage-
ment Co. is the fee simple owner of the Northwest Quarter (NW
1/4) of the Southwest Quarter (SW 1/4), less the West 340.32 feet
of the North 348.78 feet of the South 612.79 feet, the West
204.23 feet of the East 897.26 feet of the South 217.00 feet, the
Easterly 201.00 feet of the South 230.00 feet lying north of
State Road 806, and Parcels in 0R242 P108, OR2203 P97, 0R3675
P1667, and OR3741 P179, of Section 13, Township 46 South, Range
42 East, Palm Beach County, Florida; First Alliance Church of the
Christian and Missionary Alliance of Delray Beach, Inc. is the
fee simple owner the West 340. 32 feet of the North 348.78 feet
of the Southwest Quarter (SW 1/4), less the North 173.74 feet of
the West 200 feet, Military Trail right-of-way, and additional
road right-of-way in 0R3220 P1010, of Section 13, Township 46
South, Range 42 East, Palm Beach County, Florida; Marriott Family
Restaurants, Inc. is the fee simple owner of a rectangular shaped
parcel in the Southeast Quarter (SE 1/4) of the Southeast Quarter
(SE 1/4) of the Northwest Quarter (NW 1/4) of the Southwest
Quarter (SW 1/4) as in 0R3761 P725, of Section 13, Township 46
South, Range 42 East, Palm Beach County, Florida; Jafto Manage-
ment Co. is the fee simple owner of the Easterly 201 feet of the
South 230 feet of that part of the Northwest Quarter (NW 1/4) of
the Southwest Quarter (SW 1/4) lying North of State Road 806
(less OR3761 P725) of Section 13, Township 46 South, Range 42
East, Palm Beach County, Florida; Hess Realty Corp. is the fee
sir~ple owner of the North 173.74 feet of the West 200 feet of the
North Half (N 1/2) of the Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4)
(less westerly 41.02 feet road right-of-way as in 0R2825 P34) of
Section 13, Township 46 South, Range 42 East, Palm Beach County,
Florida; First Federal Savings and Loan Association is the fee
simple owner of the West 448.2 feet of the South 241 feet of the
Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) as
in OR242 P108 and OR2203 P97 (less State Road 809 and 806
rights-of-way) of Section 13, Township 46 South, Range 42 East,
Palm Beach County, Florida; Atlantic National Bank of Florida is
the fee simple owner of the West 204.23 feet of the East 897.26
feet of the South 217 feet of the Northwest Quarter (NW 1/4) of
the Southwest Quarter (SW 1/4) lying north of State Road 806
(known as Tract Marked Reserved), of Section 13, Township 46
South, Range 42 East, Palm Beach County, Florida; Delray Square
Shopping Center Associates is the fee simple owner of an irregu-
lar shaped parcel in the Northwest Quarter (NW 1/4) of the
Southwest Quarter (SW 1/4) as in OR4892 P324 (less the Westerly
78 feet State Road 809 road right-of-way) of Section 13, Township
46 South, Range 42 East, Palm Beach County, Florida; and Florida
Delray II, Inc. is the fee simple owner of an irregular shaped
parcel lying within the Northwest Quarter (NW 1/4) of the South-
west Quarter (SW 1/4) as in OR4826 P1459 (less the westerly 78.04
feet State Road 809 right-of-way) of Section 13, Township 46
South, Range 42 East, Palm Beach County, Florida; 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:
PARCEL "A"
The Northwest Quarter (NW 1/4) of the South-
west Quarter (SW 1/4) of Section 13, Township
46 South, Range 42 East, Palm Beach County,
Florida; together with,
Lots 8 and 9, COUNTRY CLUB ACRES, according
to the Plat thereof as recorded in Plat Book
24 at Page 10 of the Public Records of Palm
Beach County, Florida.
2 - Ord. No. 66-89
PARCEL "B"
The West 230 feet of the Northeast Quarter
(NE 1/4) of the Southwest Quarter (SW 1/4) of
Section 13, Township 46 South, Range 42 East,
Palm Beach County, Florida; together with,
The East 100 feet of the West Quarter (W 1/4)
of the Northeast Quarter (NE 1/4) of the
Southwest Quarter (SW 1/4) , less the North
753 feet, of Section 13, Township 46 South,
Range 42 East, Palm Beach County, Florida;
together with,
All of the Plat and abandoned roads within
REGINA PARK (less the West 95 feet of the
North 34 feet of Lot 23, all of Lots 25 and
26 and the North 27 feet State Road 806
right-of-way), according to the Plat thereof
as recorded in Plat Book 13 at Page 79 of the
Public Records of Palm Beach County, Florida;
together with,
The West Half (W 1/2) of the Northwest
Quarter (NW 1/4) of the Southeast Quarter (SE
1/4) of the Southwest Quarter (SW 1/4) (LESS
the West 15 feet and North 47 feet road
right-of-way) of Section 13, Township 46
South, Range 42 East, Palm Beach County,
Florida.
PARCEL "C"
The West 95 feet of the North 34 feet of Lot
23 and Lots 25 and 26 (less the North 27 feet
State Road 806 right-of-way) , REGINA PARK,
according to the Plat thereof as recorded in
Plat Book 13 at Page 79 of the Public Records
of Palm Beach County, Florida.
The subject property is located at the
northeast corner of West Atlantic Avenue and
Military Trail, and on the south side of West
Atlantic Avenue, between Whatley Road and
Barwick Road.
The above described parcels contain a 56.41
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 tracts of land and said lands are 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 as
Parcel "A" is hereby declared to be in Zoning District GC (Gener-
al Commercial) as defined by existing ordinances of the City of
Delray Beach, Florida.
- 3 - Ord. No. ~6-89
Section 4. 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 as
Parcel "B" is hereby declared to be in Zoning District POC
(Planned Office Center) as defined by existing ordinances of the
City of Delray Beach, Florida.
Section 5. 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 as
Parcel "C" is hereby declared to be in Zoning District ACT
(Agricultural Commercial Transitional) as defined by existing
ordinances of the City of Delray Beach, Florida.
Section 6. 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 7. 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 8. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
SeCtion 9. 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 10~ That this ordinance shall become effective
on December 1, 1989.
PASSED AND ADOPTED in regular session on second and
final reading on this the 24th day of October , 1989.
M .~-Y O R
ATTEST:
~ / City dlerk
First Reading September 26~ 1989
Second Reading October 24, 1989
4 Ord. No. 66-89