05-86 FAILED
ORDINANCE NO. 5-86
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LYING AND BEING IN SECTION 21, TOWNSHIP 46
SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST-
ING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED
ON THE EAST SIDE OF STATE ROAD A-l-A, BETWEEN LINTON
BOULEVARD AND ATLANTIC AVENUE; REDEFINING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE
ZONING THEREOF; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Richard R. Rubin and Ann M. Rubin, his wife, are the
fee-simple owners of the property hereinafter described; and,
WHEREAS, Gregory VonBerg, as agent, has requested by his
petition to have the property annexed into the municipal limits of the
City of Delray Beach; and,
WHEREAS, the designation of a zoning classification is part of
the annexation proceeding, the City Council has determined that the
procedures set forth in Section 30-23 of the Zoning Code, which applies
to property already in the City limits, shall not be applicable in
annexation proceedings; and,
WHEREAS, the City of Delray Beach has heretofore been author-
ized 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: '
Section 1. That the City Council 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 contig-
uous to said City to-wit:
All that part of the North 100 feet of the South 1100
feet of the North 4680 feet of Section 21, Township 46
South, Range 43 East, which part is bounded on the West
by the Easterly boundary line of the right-of-way of
State Road A-l-A, formerly State Road 140, and on the
East by the Waters of the Atlantic Ocean, said land
situate, lying and being in Palm Beach County, Florida.
The subject property is located on the east side of State
Road A-l-A, between Linton Boulevard and Atlantic Avenue.
The'above-described parcel contains a 1.34 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
tract of land and said land is hereby declared to be within the corpo-
rate limits of the City of Delray Beach, Florida.
Section 3. That Section 30-23 of the Zoning Code shall not
apply to the establishment of a zoning classification in this ordinance.
Section 4. That the tract of land hereinabove described is
hereby declared to be in Zoning District RM-15 (Multiple Family Dwell-
ing) as defined by existing ordinances of the City of Delray Beach,
Florida.
Section 5. That the land hereinabove described shall immedi-
ately 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 resid-
ing thereon shall be deemed citizens of the City of Delray Beach.
Section 6. That this annexation of the subject property,
including adjacent roads, alleys, or the like, if any, shall not be
deemed acceptance by the City of any maintenance responsibility for such
roads, alleys, or the like, unless otherwise specifically initiated by
the City pursuant to current requirements and conditions.
Section 7. That if any word, phrase, clause, sentence or part
of this ordinance shall be declared illegal by a Court of competent
jurisdiction, such record of illegality shall in no way affect the
remaining portion.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1986.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
FAILED
1/14/86
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