67-89 Located at the southeast corner of West
Atlantic Avenue and Military Trail, lying
west of Whatley Road.
IMPROVED PROPERTY
VOLUNTARY ANNEXATION
ORDINANCE NO. 67-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH SIX (6) 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 SOUTHEAST CORNER OF WEST
ATLANTIC AVENUE AND MILITARY TRAIL, LYING
WEST OF WHATLEY ROAD; REDEFINING THE BOUNDA-
RIES 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, I.
AND SC (SPECIALIZED COMMERCIAL) DISTRICT, IN
PART; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Delta Petroleum Corporation is the fee simple
owner of the North 240 feet of the West 256 feet of the Northwest
Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of the South-
west Quarter (SW 1/4) of Section 13, Township 46 South, Range 42
East, Palm Beach County, Florida (LESS the North 40 feet road
right-of-way); and,
WHEREAS, Delray West Plaza Partners Ltd. is the fee
simple owner of the Southerly 663.83 feet of the North 697.53
feet of the Northwest Quarter (NW 1/4) of the Southwest Quarter
(SW 1/4) of the Southwest Quarter (SW 1/4) of Section 13, Town-
ship 46 South, Range 42 East, Palm Beach County, Florida (LESS
the North 240 feet of the West 256 feet thereof); and,
WHEREAS, Forest-Atlantic Associates Ltd. is the fee
simple owner of the West 179 feet of the Northerly 245 feet of
the West Half (W 1/2) of the Northeast Quarter (NE 1/4) of the
Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of
Section 13, Township 46 South, Range 42 East, Palm Beach County,
Florida (LESS the North 7 feet Delray West Road right-of-way);
and,
WHEREAS, Scotty's Inc. is the fee simple owner of the
West Half (W 1/2) of the Northeast Quarter (NE 1/4) of the
Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4)
(LESS the North 7 feet Delray West Road right-of-way and the West
179 feet of the Northerly 245 feet) and the North 5 feet of the
West 36.19 feet of the West Half (W 1/2) of the Southeast Quarter
(SE 1/4) of the Southwest Quarter (SW 1/4) of the Southwest
Quarter (SW 1/4) of Section 13, Township 46 South, Range 42 East,
Palm Beach County, Florida; and,
WHEREAS, Chase Bank of Florida and D. Douglas and Donna
Douglas, Trustees, are the fee simple owners of Lots 10 and 11,
Country Club Acres, according to the Plat thereof recorded in
Plat Book 24, Page 10, Public Records of Palm Beach County,
Florida; and,
WHEREAS, JMA Properties Inc. is the fee simple owner of
Lots 62 and 63, Country Club Acres 2nd Addition, according to the
Plat thereof recorded in Plat Book 24, Page 10, Public Records of
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 the Southwest
Quarter (SW 1/4) of Section 13, Township 46
South, Range 42 East, Palm Beach County,
Florida; together with,
The West Half (W 1/2) of the Northeast
Quarter (NE 1/4) of the Southwest Quarter (SW
1/4) of the Southwest Quarter (SW 1/4) of
Section 13, Township 46 South, Range 42 East,
Palm Beach County, Florida; together with,
Lots 10 and 11, COUNTRY CLUB ACRES, according
to the Plat thereof recorded in Plat Book 24
at Page 10 of the Public Records of Palm
Beach County, Florida.
PARCEL "B"
Lots 62 and 63, COUNTRY CLUB ACRES 2ND
ADDITION, according to the Plat thereof
recorded in Plat Book 24 at Page 10 of the
Public Records of Palm Beach County, Florida.
The subject property is located at the
southeast corner of West Atlantic Avenue and
Military Trail, lying west of Whatley Road.
The above described parcels contain a 16.93
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.
- 2 - Ord. No. 67-89
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.
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 SC (Spe-
cialized Commercial) 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 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 7. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 8. 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 9. 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 12th day of December , 1989.
M A Y O R
ATTEST:
Asst. O~ty'Clerk J
First Reading October Z4, 1989
Second Reading December 12, 1989
3 Ord, No. 67-89
ACRES 2ND ADDITION, KclJ~drflg'~bSOUTH, RANGE 42 EAST, PALM BEACH COUNTY, F~I
S~TH, RANGE ~ ~T, PA~ ~ at P~ 1~ ~ the ~ic R~ ~ IS CONTtG~S TO EXISTfNG MUNICIPAL LIMIT~
~AND S L~ATED AT THE SOUTHE~T ~
~ ~N~ .FL~{~ ~ICH PMm Beth C~n~, FI~, ENUE AND MILITARY TRAIL, LYI~ WEST OF WHATLEY
~ S C~I~ TO EXIST*
FINING THE ~RfES ~ SAID CITY TO INCLU~
lNG MUNICIPAL ~IMITS OF SAiD T~ subj~t ~ is J~ ~ the
CITY; SAID ~ND IS L~ATED AT ~t~t c~ ~ W~t AtOmic Aw VIDING FOR THE RIGHTS AND OBLIGATIONS OF ~ID
n~ a~ Milff~ Trail, lyi~ ~ ~ lNG FOR THE ZONING THEREOF TO GC (GENERAL
THE ~T~T CO~ER OF TRICT IN
~ST ATOMIC' AV~UE' AND ~R~.
M~UTARY TRA]~ LYmG ~ST OF PA~T.
~ATLEY R~D; REDEFINI~ T~ ~e ~ri~ plrcels c~t~n a ~NG CLAU~; PROVID.ING AN EFFECTIVE DATE
T~ ~N~R~& ~ ~ID CJTY 16.~acre~cel~land, m~e~l~. ~*~P F~RTHER DESCRiBiNG THE PROPERTY
TO I~LUDE MID ~ME; PROVI~
lNG FOR THE RIGHTS' AND OBLI- ~NED IS SH~N BELOW
GATIONS OF .SAID ~ND; ~OVI~
lNG FOR THE ZONING THEREOF~ ~T~t t~ ~n~rl. ~
TO GC (GE~ C~ERCIAL Ci~ ~ ~lray B.ch, FWI~; ~
(S~CIALIZED C~ERCIAL) DI~ ~rl~ ~a~ ~ ~ ~
TRICT, IN PART; PROVIDING A ~ c~ limib ~ t~ C~
6ENE~L RE~ALER ~USE;
~OVtDtNG A ~VI~ C~USE; ray ~¢h, Fl~i~.
PROVIDING AN EFFECTIVE DATE.
~ C~, F~ida ~LESS ~ ~c~ GC (G~eral Comm~c~i) ~ ~
fi~ by existing ~d[na~es ~ ~
~ r~y)~ a~, ~ ~iray 9eoch, Florida
V4 ~ ~ 13, T~ ~ residing t~ shell ~.~ . ~ suc~ r~ord, Pur~entto P S.
Ee~, P~ citizens ~ the Ci~ ~ ~lr,y BeKh. ~ ~
(LESS ~ ~-
CiTY 0F ~L~AY
W~ R~d Ei~
C~ C~ Z~ ?:. CITY
~y B~ch N~B~O Ra~ N~
r~/ afiey, or fhe Jike, ~f any, ~ ~ 72T26
~:~ ~ (SW V4) ~ the ~ eny main~ance r~nd~l~i~, "
~ (SW ~> (LESS ~
~.. ~ ~ ~ay ~f Ro~ s~h r~, aJleys, or fhe ]iRe, ~ .
o~M ~ifically inJt[af~ by ~
~ kTMt S~ld any ~ k ~
~'~ ~ P~ 10. Public RK~ ~ ~ ~ond aM final re,lng. ~ THE BOUNOARIES OF ~ID CITY TO NCL~
~ ~ ~ simp~ ~ as ':~T,~ N PART' AND SC (SPE~l~ ~ERCA~) ~.~ FOR THE
Ci~ Cha~ T~ pr~ ~ ~P FURTHER ~lBl~ THE PROPERTY TO-BE i
~ . ~0... IS SHOWN BELOW.
na~e may ~ In~ at t~ ~
~ ~ Ci~ Oerk at ~ Ci~ ~
Co~issi~ CMm~ et the C~ ~
~ THEREFORE. BE IT OR- ~in~ is made. ~ich r~ ~
Palm