61-88 Located on the easu side of i~orth i'ederal
i.~i.~'kwav,~ between the ~ezrmy' 4._ Drive-In Theatre
and Gulfstream~zv~-~ =.
iMPP. OV~D
ORDINANCE NO. 61-88
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 4, TOWNSHIP 46
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, TOGETHER WITH LOTS 41, 42, 43, AND
43-A, 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, PAGE 13, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID
LAND IS LOCATED ON THE EAST SIDE OF NORTH
FEDERAL HIGHWAY, BETWEEN THE DELRAY DRIVE-IN
THEATRE AND 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 SC (SPECIALIZED COMMERCIAL)
DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, KJell Bergh and Mary R. Bergh, his wife, are
the fee-simple owners of the property hereinafter described; and,
WHEREAS, Roger G. Saberson, as duly authorized Agent
for Kjell Bergh and Mary R. Bergh, his wife, has requested by his
petition to have the 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 171.044 of
the Florida Statutes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~e~J~kQ~_~ That the City Commission of the City of
Delray Beach, Palm Beach County, Florida, hereby annexes to said
City the following described land loca+ed in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
A parcel of land in Section 4, Township 46
South, Range 43 East, Palm Beach County,
Florida, bounded as follows: On the North by
the South line of DELRAY BEACH ESTATES,
according to the Plat thereof, recorded in
Plat Book 21, Page 13; on the East by the
East line of the West Half (W 1/2) of the
West Half (W 1/2) of the Southeast Quarter
(SE 1/4) of said Section 4; on the West by.
the Easterly right-of-way line of State Road
No. 5 (U.S. Highway No. 1), being a line
parallel to and 50 feet Easterly from the
center line thereof; and on the South by a
line parallel to and 100 feet Southerly
(measured at right angles) from ~ the South
line of said DELRAY BEACH ESTATES.
PARCEL 2:
Lot 43 and Lot 43-A, DELRAY BEACH ESTATES, a
subdivision of Palm Beach County, Florida,
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, Page 13.
Lots 41 and 42, DELRAY BEACH ESTATES, accord-
ing 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, Page 13; together with the improve-
ments thereon and the fixtures therein.
The subject property is located on the east
side of North Federal Highway, between the
Delray Drive-In Theatre and Gulfstream
Boulevard.
The above described parcels contain a 4.9
acre parcel of land, more or less.
~ 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.
~ 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 SC (Specialized Commer-
cial) as defined by existing ordinances of the City of Delray
Beach, Florida.
~ 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.
~L~Z~h~_~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.
~z~luo~_~u_ That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
- 2 - Ord. No. 61-88
~ 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.
~ 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 26th day of July , 1988.
ATTEST:
First Reading July 12; 1988,
Second Reading July 26. 1988
3 - Ord. No. 61-88
GULF STR£AM
GOLF
OL
ANNEXATION/REZONiNG
, BORTON VOLVO
1" - 500'
I