81-88 Located on the east side of Federal Highway,
between Avenue "H" and L~at Avenue.
IS~ROVED
ORDINANCE NO. 81-88
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH LOTS 6 THROUGH 10,
INCLUSIVE, LESS THE WEST 38 FEET THEREOF,
LOTS 11, 12, 13 AND 14, TOGETHER WITH THAT
PART OF THE ABANDONED ALLEY RIGHT-OF-WAY
LYING EAST OF LOTS 6 THROUGH 10, INCLUSIVE,
AND WEST OF LOT 11, AND A PORTION OF THE
ABANDONED RIGHT-OF-WAY FOR AVENUE "H", BLOCK
26, DEL-RATON PARK, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 14 AT PAGE 10
OF THE 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 SIDE OF FEDERAL HIGHWAY,
BETWEEN AVENUE "H" AND LA MAT AVENUE; REDE-
FINING 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, AND RM (MEDIUM TO MEDIUM
HIGH DENSITY DWELLING) DISTRICT, IN PART;
PROVIDING A GENERAL REPEALER CLAUSE; PROVID-
ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Enterprise Leasing Company, a Florida Corpora-
tion, is the fee-simple owner of the property hereinafter de-
scribed; and,
WHEREAS, Beril Kruger, as duly authorized Agent for
Enterprise Leasing Company, a Florida Corporation, has requested
by his ~etition 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 COMMISSION
OF THE CITY OF DELRAY 3EACH, FLORIDA, AS FOLLOWS:
~ 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:
Lots 8 through 10, inclusive, less the West
38 feet thereof; together with Lots 11, 12
and 13; that part of the abandoned alley
right-of-way lying East of Lots 6 through 10,
inclusive, and West of Lot 11; and the
abandoned right-of-way for Avenue "H" lying
West of the Southerly extension of the West
line of Lot 11 and lying East of the East
right-of-way line of U.S. Highway No. 1;
Block 26, DEL-RATON PARK, Palm Beach County,
Florida, according to the Plat thereof
recorded in Plat Book 14 at Page 10 of the
Public Records of Palm Beach County, Florida.
Lot 14, Block 26, DEL-RATON PARK, Palm Beach
County, Florida, according to the Plat
thereof recorded in Plat Book 14 at. Page 10
~of the Public Records' of Palm Beach County, ~
Florida. ~
The subject property is located on the east
side of Federal Highway, between Avenue "H'
and La Mat Avenue.
The above described parcels contain a 0.688
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 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.
~ 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 RM (Medium
to Medium High Density Dwelling) as defined by existing ordinanc-
es 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.
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.
~ That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
- 2 - Ord. No. 81-88
~ 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 9th day of August , 1988.
~AYOR
ATTEST:
First Readin~ July 26, 1988
Second Reading August 9~ 1988.
3 - Ord. No. 81-88
MILLER
ER'S D~R&Y * *
ENT~N
<.30~ P ~G. 50
CE~ER ~ ~
~. 47, BK. 51
PG. 45