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01-85 N. of Atlantic Ave., if ex- tended West, btwn US-1 & Dixie Highway. IMPROVED ORDINANCE NO. 1-85 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 IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING · -,UNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED NORTH OF ALLEN AVENUE, IF EXTENDED WEST, BETWEEN U.S. HIGHWAY NO. 1 AND DIXIE HIGHWAY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE ZONING THEREOF, PROVIDING AN EFFECTIVE DATE. WHEREAS, Margaret Hauser, as sole surviving director and trustee of Hauser Construction & Engineering Corporation, a dissolved Florida Corporation, is the fee-simple owner of the property hereinafter de- scribed; and, WHEREAS, Margaret Hauser, has requested by her 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 con- tiguous to the corporate limits of the City of Delray Beach, thus making said petition for annexation effective at this time; and, WHEREA$,..-the designation of a zoning classification is part of the annexation proceeding, the City Council has determined that the pro- cedures 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 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 contigu- ous to said City to-wit: Begin at the intersection of the North line of Lot 38 of MODEL LAND COMPANY Subdivision of Section 9, Township 46 South, Range 43 East, and the East right-of-way line of Old Di~e: sa id point of intersection being 30 feet Easterly, measured at right angles, from the East 50 foot right-of-way line of the Florida East Coast Railroad, being the Point of Beginning, thence southerly along the East right-of-way line of Old Dixie Highway a distance of 126.6 feet; thence in an Easterly direction and parallel to the South line of said Lot 38 a distance of 231.07 feet more or less, to the West right-of-way line of U.S. Highway %1 (State Road %5); thence in a Northerly direc- tion along said West right-of-way line a distance of 127.20 feet more or less, to the said North line of Lot 38, thence in a westerly direction along the North line of said .Lot 38 a distance of 231.07 feet more or less, to the Point of Beginning.; said tract being in Palm Beach County, .F 1 orida. The subject property is located north of Allen Avenue, if extended west, between U.S. Highway No. 1 and Dixie Highway. The above-described parcel contains a 0.67 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 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, in- cluding 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 jurisdic- tion, 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 regular session on second and final reading on this the 12th day of February , 1985. ATTEST: First Reading January 15r 1985 Second Reading February 12, 1985 - 2 - Ord. No. 1-85 . ,ol . ~,..~ ,. ~.~,, ,, I ! 1 ~- ~ . ,, ~ ,,' ~ ~ /~ ~ ~' M S A 641 A z, s~ sr Florida Inland Ollro] DHvI--i~ Navigation ~r Theotee, !~. I MSA 64l DiJtrict HILLER DODGE ANNEXATION 1' = 500~ [ITY I)F DELA#Y BEAgH ~© N ~ ~t ~/ENUE D£,~'~ ~£~C,~ F~O~!D~334.,~ ~ 3C~27~ February 19, 1985 Miller Dodge (Applicant) %Roger G. Saberson, Esq. 110 East Atlantic Avenue Delray Beach, Florida 33444 Dear Sir: This is ko advise you that by Ord. No. 1-85 your property described in the ordinance was annexed to the City of Delray Beach. The Ordi- nance was passed and adopted on February 12, 1985, and will become effective immediately. Copy of said Ordinance is enclosed herewith. We are pleased to welcome you into the City of Delray Beach and believe that you will benefit by the extension of all convenient City services and all other advantages which a City is in a position to offer. Very truly yours, CITY OF DELRAY BEACH E1 Arnau City Clerk Enclosure cc: Mr. Byron Matteson February 19, 1985 Ms. Margaret Hauser %Roger G. Saberson, Esq. 110 East Atlantic Avenue Delray Beach, Florida 33444 Dear Ms. Hauser: This is to advise you that by Ord. No. 1-85 your property described in the Ordinance was annexed to the City of Delray Beach. The Ordi- nance was passed and adopted on February 12, 1985, and will become effective immediately. Copy of .said Ordinance is enclosed herewith. We are pleased to welcome you into the City of Delray Beach and believe that you will benefit by the extension of all convenient City services and all other advantages which a City is in a position to offer. Very truly yours, CITY OF DELRAY BEACH E nau- ~- City Clerk Enclosure cc: Mr. Byron Matteson