108-88 Located'on the west side of N.W. 4th
Avenue, between N.W. 12th Street and
N.W. 13th Street.
VOLUNTARY ANNEXATION Mango grove with two CBS structures
ORDINANCE NO. 108-88
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 8~ TOWNSHIP 46
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, WRICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED ON THE WEST SIDE OF N.W. 4TH AVENUE,
BETWEEN N.W. 12TH STREET AND N,W. ISTH
STREET; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; PROVIDING FOR
RIGHTS AND OBLIGATIONS OF SAID LAND;
ING FOR THE ZONING THEREOF TO R-IAAA (SINGL,,~
GENERAL REPEALER CLAUSe; PROVIDING A SAVING
CLAUSE' PROVIDING AN EFFECTIVE DATE.
WHEREAS, C. Yancy Byrd, III, John M. Byrd and<C.
Byrd, Peggy R. Byrd, Ann E. Byrd and Kathleen ~. Byrd, as.tenants
in common each husband and wife, each owning an undivided one-
third (1/3) interest, are the fee-simple owners of the property
hereinafter described; and,
WHEREAS, Broad & Cassel, Attorneys At Law, as duly
authorized Agent for C. Yancy Byrd, III, John M. Byrd and C.
Brown Byrd, Peggy R. Byrd, Ann E. Byrd and Kathleen R. Byrd, as
tenants in common each husband and wife, each owning an undivided
one-third (1/3) interest, has requested by 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 conti~uous to the corl~orate limits of the City of Delray
Beach, thus making said petition for annexation effective at this
time; and,
WHEREAS, the designation of a zonin~ classification is
part of the annexation proceeding, and provisions of City Cede
Section 173.886 have been followed in establishin~ the ~roposed
zonin~ 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:
$~ That the City Commission of the City
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:
All of the South Half (S 1/2) of Lot 15,
Section 8, Township 46 South, Range 43 East,
according to the .Plat of the Subdivision of
said Section 8, on file in Plat Book 1, Page
4, Public Records of Palm Beach County,
Florida; LESS the East 15 feet, the South 10
feet, and the North 10 feet of the said Lot
Fifteen (15), Section 8, Township 46 South,
Range 43 East heretofore conveyed to the City
of Delray Beach, Florida, for street
right-of-way purposes; and LESS the North
20.00 feet of the West Quarter (W 1/4) of the
South Half (S 1/2) of said Lot Fifteen (15),
Section 8, Township 46 South, Range 43 East.
The subject property is located on the west
side of N.W. 4th Avenue, between N.W. 12th
Street and N.W. 13th Street.
The above ~described parcel contains a 9.51
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 tract of land and said land is'hereby declared to
be within the corporate limits of the City.of~Delray Beach,
been followed in the establishment of a zonln~ ~blaaS~1'~lo .n~. ~n
this ordinance and the tract of land hereinabove.~.~l~lbe6'..~s
hereby declared to be-'in Zoning District.:R-1AA&'(~"~
Dwelling) as defined by existing ordinances of the' Cii~v~'of Delray
Beach, Florida.
~ That the land hereinabove described shall
immediately become subject to all of the franchises, privilegeg,
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,
~ 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 ol ordinances
in conflict herewith be, and the same are hereby repealed.
~ That should any section or provision of
this ordinance or any portion thereof, any para~raphi 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.
~2JlJ~o~_~_ That this ordinance shall become effective
immediately upon passage on second and final reading,'
PASSED AND ADOPTED in regular session oi second and
final reading on this the 8th day of. November. , 1988.
ATTEST:
First Reading September 27~ 1988 ..~,
SecOnd ReadingNovember 8, 1988 '
2 Ord. No. 108-88
500'
H