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40-86 IMPROVED 731Lakeshore Drive (North side of Lakeshore Drive between N.W. 6th Avenue and N.W. 8th Avenue) ORDINANCE NO. 40-86 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE NORTH SIDE OF LAKE SHORE DRIVE, BETWEEN N.W. 6TH AVENUE AND N.W. 8TH 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, Steven Zakos, Jr., and Claire F. Zakos, his wife, are Gee-simple owners of the property hereinafter described; and, WHEREAS, Steven Zakos, Jr., and Claire F. Zakos, his wife, ~ave ~sted by their petition to have the property annexed into the ~ipal limits of the City of Delray Beach; and, WHEREAS, the designation of a zoning classification is part of annexation proceeding, the City Council has determined that the ~dures set forth in Section 30-23 of the Zoning Code, which applies ~roperty already in the City limits, shall not be applicable in ~ation proceedings; and, WHEREAS, the City of Delray Beach has heretofore been author- to annex lands in accordance with Section 171.044 of the Florida utes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY ~LRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Council of the City of Delray Beach, Beach County, Florida, hereby annexes to said City the following ~ibed land located in Palm Beach County, Florida, which lies contig- to said City to-wit: A Parcel of land in the North Half (N 1/2) of the South- west Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, otherwise described as the Northwest Quarter (NW 1/4) of Lot Three (3) of the Subdivision of said Section 8, according to the Plat recorded in Plat Book 1, Paqe 4, public records of Palm Beach County, Florida, and being further described as Plat 2, LAKE IDA GARDENS, according to the Plat thereof recorded in Plat Book 14, Page 25, public records of Palm Beach County, Florida, said parcel being more particularly described as follows: Beginning at the Northeast corner of the Northwest Quarter (NW 1/4) of said Lot Three (3); run thence Westerly along the North line thereof, a distance of 42.08 feet; thence Southwesterly making an angle with the North line of said Northwest Quarter (NW 1/4) of Lot Three (3), measured from West to Southwest, of 36 degrees 27 minutes, a distance of 215.75 feet to the beginning of a curve concave to the North and having a radius of 126.85 feet and a central angle of 36 degrees, 27 min- utes; thence Westerly along the arc of said curve, a distance of 80.70 feet to the end of said curve; thence Westerly along the tangent to said curve, a distance of 45.25 feet to the point of beginning and the Southeast corner of the parcel of land herein described; thence continue Westerly along the same course, a distance of 110 feet; thence Northerly parallel to the West line of said Northwest Quarter (NW 1/4) of Lot Three (3), a distance of 153 feet to a point in the North line of said Northwest Quarter (NW 1/4) of Lot Three (3); thence Easterly, along said North line, a distance of 110 feet; thence Southerly, parallel to the West line of said Northwest Quarter (NW 1/4) of Lot Three (3), a distance of 153 feet to the point of BEGINNING. The subject property is located on the north side of Lake Shore Drive, between N.W. 6th Avenue and N.W. 8th Avenue. The above-described parcel contains a 0.35 acre parcel of land, more or less. Section 2. That the Boundaries of the City of Delra¥ Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the co~po- 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 R-1AA (Single Family Dwelling) 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. Section 8. That this ordinance shall become effective immedi- ately upon passage on second and final reading. PASSED AND ADOPTED in requular~ly session on second and final reading on this the 8th day of , 1986. MAYOR ATTEST: ~ City Cl~rk First Reading June 10, 1986 Second Reading Jul~ 8, 1986 -2- Ord. No. 40-8~ t