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21-86 IMPROVED (West side of Germantown Road between Royal Palm Drive & S.W. 10th Street) ORDINANCE NO. 21-86 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 5, ESQUIRE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 43, 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 WEST SIDE OF GERMANTOWN ROAD, BETWEEN ROYAL PALM DRIVE AND S.W. 10TH STREET; 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, Vincent Nocera and Victor Nocera are the fee-simple owners of the property hereinafter described; and, WHEREAS, Vincent Nocera and Victor Nocera have requested by their 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 De lray 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: 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 contiguous to said City to-wit: Lot 5, Esquire Subdivision, according to the plat thereof recorded in Plat Book 23, Page 43, of the Public Records of Palm Beach County, Florida. The subject property is located on the west side of Germantown Road, between Royal Palm Drive and S.W. 10th Street. The above-described parcel contains a 0.39 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 corporate 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 LI (Light 'Industrial) 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 residing 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 re~aining portion. Section 8. 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 13th day of May , 1986. MAYOR ATTEST: City Clerk First Reading April 8, 1986 Second Reading May 13, 1986 - 2 - Ord. No. 21-86 ~ RM-'15 ~ NOCERA ANNEXATION 1" = 500' ·