03-85 S. of Germantown Rd. btwn. the
E-4 Canal & Homewood Blvd., if
Extended South.
UNIMPROVED
ORDINANCE NO. 3-85
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
64.89 ACRE PARCEL OF LAND LYING IN SECTION 30, TOWNSHIP
46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS
LOCATED SOUTH OF GERMANTOWN ROAD, BETWEEN THE E-4 CANAL
AND HOMEWOOD BOULEVARD, IF EXTENDED SOUTH; 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,
Amelia Coury, individual ly, as successor Trustee to
George Coury, Trustee, Deceased, and as Co-Personal Rep-
resentative of the Estate of George Coury, Deceased;
Patrick W. Bell, as Co-Personal Representative of the
Estate of George Coury, Deceased;
Thomas F. Fleming, III, individually, and as Co-Trustee
for the Benefit of Janet Fleming Zlanabitnig under Ar-
ticle V of the Last Will and Testament of Thomas F.
Fleming, Jr., Deceased;
Anne W. Fleming, as Co-Trustee for the Benefit of Janet
Fleming Zlanabitnig under Article V of the Last Will and
Testament of Thomas F. Fleming, Jr., Deceased;
NCNB National Bank of Florida, as Co-Trustee for the
Benefit of Janet Fleming Zlanabitnig under Article V of
the Last Will and Testament of Thomas F. Fleming, Jr.,
Deceased,
are the fee simple owners of the following described property:
PARCEL ONE
The Northwest one-quarter (NW%) of the Southwest one-
quarter (SW%) and the West one-half (W½) of the Northeast
one-quarter (NE%), of the Southwest one-quarter (SW%) of
Section 30, Township 46 South, Range 43 East, said parcel
lying in the MODEL LAND COMPANY'S SUBDIVISION of the
South one-half (S½) of said Section 30, as recorded in
Plat Book 6 at Page 52 of the Public Records of Palm
Beach County, Florida.
PARCEL TWO
The East 274.73 feet of the Northwest Quarter of the
S. outheast Quarter of the Northwest Quarter, South of
Germantown Road; the Southwest Quarter of the Southeast
Quarter of the Northwest Quarter, LESS the West 185.91
feet; that part of the Northeast Quarter of the Southeast
Quarter of the Northwest Quarter within boundary of the
Lake Worth DraiD~ge District and South of Germantown
Road, West of Canal, in Section 30, Township 46 South,
Range 43 East, Palm Beach County, Florida; and,
WHEREAS, Thomas F. Fleming, III, as representative, has requested
by his petition to have the said properties 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 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:
PARCEL ONE
The Northwest one-quarter (NW%) of the Southwest one-
quarter (SW¼) and the West one-half (W½) of the Northeast
one-quarter (NE%), of the Southwest one-quarter (SW%) of
Section 30, Township 46 South, Range 43 East, said parcel
lying in the MODEL LAND COMPANY'S SUBDIVISION of the
South one-half (S½) of said Section 30, as recorded in
Plat Book 6 at Page 52 of the Public Records of Palm
Beach County, Florida.
PARCEL TWO
The East 274.73 feet of the Northwest Quarter of the
Southeast Quarter of the Northwest Quarter, South of
Germantown Road; the Southwest Quarter of the Southeast
Quarter of the Northwest Quarter, LESS the West 185.91
feet; that part of the Northeast Quarter of the Southeast
Quarter of the Northwest Quarter within boundary of the
Lake Worth Drainage District and South of Germantown
Road, West of Canal, in Section 30, Township 46 South,
Range 43 East, Palm Beach County, Florida.
The subject property is located south of Germantown Road,
between the E-4 Canal and Homewood Boulevard.
The above-described parcels contains a 64.89 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 es{ablishment 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 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.
- 2 - Ord. No. 3-85
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 15, 1985
Second Reading February 12, 1985
- 3 - Ord. No. 3-85
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"I FIRST ADD. (
CITY DF [IELRA¥ BEACH
~ffg'h ?',~ ~:~t ~,..,E"",~uE OELq~~' BE,~C~ FLOPlDA 33444 , 305'278 284.'~
February 19, 1985
Ms. Amelia Coury
%Patrick W. Bell
Coury Investments, LTD
Post Office Box 343914
Dear Ms. Coury:
This is to advise you that by Ord. No. 3-85 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
El~au~
City Clerk
Enclosure
cc: Mr. Byron Matteson
CITY OF I ELFIAY BEACH
':.'3 '~ ,", ~-/ ~,',,'E'",iUE DEL~A, ~E:,C'~ ~L.~';DA 33444
February 19, 1985
NCNB National Bank of Florida
%Thomas F. Fleming, III
120 N.W. 1st Avenue
Boca Raton, Florida 33432
Dear Sir:
This is to advise you that by Or~. No. 3-85 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
El~nau
City Clerk
Enclosure
cc: Mr. Byron Matteson
[IT¥ DF I]ELRII¥ BEII[H
tOO N WIst AVENUE DELRAY BEACH FLORIDA 33444 305/278-2841
February 19, 1985
Ms. Anne W. Fleming
2405 Acorn Palm Road
Boca Raton, FL 33432
Dear Ms. Fleming:
This is to advise you that by Ord. No. 3-85 your property described
in the Ordinance was annexed to the City of Delray Beach. The Ordi-
nance was passed and adopted onFebruary 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~rnau
City Clerk
Enclosure
cc: Mr. Byron Matteson
£1T¥ DF DELRIIV BEIICH
400 NW. 1St AVENUE DELRAY BEACH. FLORIDA 33444 305/278-284'~
February 19, 1985
Mr. Thomas F. Fleming, III
120 N.E. 1st Avenue
Boca Raton, Florida 33432
Dear Mr. Fleming:
This is to advise you that by Ord. No. 3-85 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 - Y-
Enclosure
cc: Mr. Byron Matteson
CITY OF DELRII',' BENCH i
~00N W "st,~VENUE DELRA~' BE~CH ~LOPlDA33444 305/278~284~
February 19, 1985
Mr. Patrick W. Bell
Coury Investments, LTD
Post Office Box 343914
Coral Gables, Florida 33144
Dear Mr. Bell:
This is to advise you that by Ord. No. 3-85 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
City Clerk
Enclosure
cc: Mr. Byron Matteson