89-86 IMPROVED & UNIMPROVED
(West side of U.S. Highway
No. 1, between Lindell Blvd.
and the C-15 Canal)
ORDINANCE NO. 89-86
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 32, TOWNSHIP 46 SOUTH, RANGE 43
EAST, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS
LOCATED ON THE WEST SIDE OF U.S. HIGHWAY NO.
1, BETWEEN LINDELL BOULEVARD AND THE C-15
CANAL; 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, MFV Associates, a Florida General Partnership
consisting of A&A Associates, a New Jersey General Partnership
and P&P Associates, a Florida General Partnership, is the
fee-simple owner of Lots 28, 29 and 30, Block 4 DEL RATON PARK,
according to the Plat thereof recorded in Plat Book 14, Pages 9
and 10, Public Records of Palm Beach County, Florida; Lots H, J,
K, L and M, TROPIC PALMS PLAT NO. 1, according to the Plat
thereof recorded in Plat Book 25, Page 99, Public Records of Palm
Beach County, Florida; Lots 1 through 38, inclusive, Block 6, DEL
RATON PARK, according to the Plat thereof recorded in Plat Book
14, Page 10, Public Records of Palm Beach County, Florida; Lots 9
through 36, inclusive, Block 32, DEL RATON PARK, according to the
Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public
Records of Palm Beach County, Florida; that part of the North 200
feet of Section 32, Township 46 South, Range 43 East, Palm Beach
County, Florida, lying east of DEL RATON PARK, as per Plat of
said DEL RATON PARK on file in the Office of the Clerk of the
Circuit Court in and for Palm Beach County, Florida, in Plat Book
14 at Page 10, and lying west of the west right-of-way line of
State Road #5 (U.S. Highway No. 1); and: that part of the South
100 feet of the North 300 feet of Section 32, Township 46 South,
Range 43 East, Palm Beach County, Florida, lying east of DEL
RATON PARK, as per Plat of said DEL RATON PARK recorded in Plat
Book 14, Page 10, of the Public Records of Palm Beach County,
Florida, and lying west of the west right-of-way line of State
Road No. 5 (U.S. Highway No. 1); and,
WHEREAS, David W. Thomas is the fee-simple owner of
Lots 31 through 36, inclusive, Block 4, DEL RATON PARK, according
to the Plat thereof recorded in Plat Book 14, Pages 9 and 10,
Public Records of Palm Beach County, Florida; and,
WHEREAS, Peter J. Zarcone and Irma R. Zarcone, his
wife, are the fee-simple owners of Lots 37, 38 and 39, Block 4,
DEL RATON PARK, according to the Plat thereof recorded in Plat
Book 14, Pages 9 and 10, Public Records of Palm Beach County,
Florida; and,
WHEREAS, Ronald T. Rudy and Dorothea J. Rudy, his wife,
are the fee-simple owners of Lots 40, 41, 42 and 43, Block 4, DEL
RATON PARK, according to the Plat thereof recorded in Plat Book
14, Pages 9 and 10, Public Records of Palm Beach County, Florida;
and,
WHEREAS, Elvin D. Dorwart and Beryl M. Dorwart, his
wife, are the fee-simple owners of Lots 1 through 9, inclusive,
Block 5, DEL RATON PARK, according to the Plat thereof recorded
in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach
County, Florida, and Lots 1 through 8, inclusive, Block 32, DEL
RATON PARK, according to the Plat thereof recorded in Plat Book
14, Page 10, Public Records of Palm Beach County, Florida; and,
WHEREAS, Marvin L. Sanders, as Agent for MFV
Associates, a Florida General Partnership consisting of A&A
Associates, a New Jersey General Partnership and P&P Associates,
a Florida General Partnership, David W. Thomas, Peter J. Zarcone
and Irma R. Zarcone, his wife, Ronald T. Rud¥ and Dorothea J.
Rudy, his wife, and Elvin D. Dorwart and Beryl M. Dorwart, his
wife, has requested Dy 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 Delra¥ 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:
Ail those lands within the following
described property lying south of and
adjacent to the existing City limits line of
the City of Delray Beach, Florida, to-wit:
A portion of the Northeast One-Quarter (NE
1/4) of Section 32, Township 46 South, Range
43 East, Palm Beach County, Florida; a
portion of TROPIC PALMS PLAT NO. 1 according
to the Plat thereof as recorded in Plat Book
25, Page 99 of the Public Records of Palm
Beach County, Florida, and a portion of DEL
RATON PARK, according to the Plat thereof as
recorded in Plat Book 14, Pages 9 and 10 of
the Public Records of Palm Beach County,
Florida, being more particularly described as
follows:
COMMENCING at the Northeast corner of said
Northeast One-Quarter (NE 1/4) of Section 32;
thence S. 89 degrees 44' 35" W., along the
North line thereof, a.distance of 495.46 feet
to a Point of Intersection with the West
Right-of-Way line of U.S. Highway.No. 1 and
the POINT OF BEGINNING; thence S. 07 degrees
44' 00" W., along said West Right-of-Way
line, a distance of 302.94 feet; thence S. 89
degrees 44' 35" W., along a line parallel
with and 300.00 feet South of the North line
of said Section 32, a distance of 128.79 feet
to a Point of Intersection with the East line
-2- Ord. No. 89-86
of Lots 1 through 26, Block 32 of said DEL
RATON PARK; thence S. 00 degrees 28' 25" E.,
along said East line, a distance of 363.37
feet to a Point of Intersection with the
South line of the Northeast One-Quarter (NE
1/4) of the Northeast One-Quarter (NE 1/4) of
the Northeast one-Quarter (NE 1/4) of said
Section 32-46-43; thence N. 89 degrees 39'
41" E., along said line, a distance of 76.38
feet to a Point of Intersection with the West
Right-of-Way line of U.S. Highway No. 1;
thence, along said West Right-of-Way line,
along the arc of a curve to the right whose
radius point bears N. 82 degrees 09' 32" W.,
having a radius of 22,876.30 feet, a central
angle of 00 degrees 08' 05" and an arc length
of 53.77 feet to a Point of Intersection with
the Northerly Right-of-Way line of the South
Florida Water Management District Canal C-15;
thence N. 79 degrees 45' 25" W., along said
Northerly Right-of-Way line, a distance of
400.33 feet; thence N. 03 degrees 36' 38" E.,
continuing along said North Right-of-Way
line, a distance of 5.02 feet; thence N. 79
degrees 45' 25" W., continuing along said
North Right-of-Way line, a distance of 343.37
feet to a Point of Intersection with the East
Right-of-Way line of Old Dixie Highway as
shown on said TROPIC PALMS PLAT NO. 1; thence
N. 07 degrees 45' 05" E. along said East
Right-of-Way line, a distance of 810.82 feet
to a Point of Intersection with the South
Right-of-Way line of Lindell Boulevard as
shown on said TROPIC PALMS PLAT NO. 1; thence
S. 82 degrees 14' 55" E., along a line
parallel with and 50.00 feet South of the
centerline of said Lindell .Boulevard, a
distance of 731.96 feet to a Point of
Intersection with the North line of Lots 31
through 36, Block 32 of said DEL RATON PARK;
thence N. 89 degrees 44' 35" E., along said
North line, a distance of 11.45 feet to a
Point of Intersection with the Westerly
Right-cf-Way line of U.S. Highway No. 1;
thence S. 07 degrees 44' 00" W., along said
West Right-of-Way line, a distance of 126.23
feet to the POINT OF BEGINNING.
The subject property is located on the west
side of U.S. Highway No. 1, between Lindell
Boulevard and the C-15 Canal.
The above described parcel contains a 13.304
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.
-3- Ord. No. 89-86
Section 4. That the tract of land hereinabove
described is hereby declared to be in Zoning District SC
(Specialized Commercial) as defined by existing ordinances of the
City of Delray Beach, Florida.
Section 5. 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
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
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the 16th day of December , 1986.
MAYOR
ATTEST:
First Reading November 18, 1986
Second Reading December 16, 1986
-4- Ord. No. 89-86
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TRACT I
ANNEXATION OF A PORTION OF TROPIC
PALMS PLAT NO. 1 AND A PORTION OF-
DEL RATON PARK
l"= 500'