12-85 East Side of Fed. Hwy. Btwn.
Linton Blvd. & S.E. 10th St.
IMPROVED
ORDINANCE NO. 12-85
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THAT
PART OF LOTS 10 AND 11, BLOCK 1, MODEL LAND COMPANY'S
SUBDIVISION IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA, LYING EAST OF THE EAST
RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. i (STATE ROAD NO.
5) AND BETWEEN THE WESTERLY EXTENSION OF THE NORTH AND
SOUTH BOUNDARIES OF LOT 27, BLOCK 2, OF THE SAID SUB-
DIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 1, PAGE 128 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, LESS THE SOUTH 100 FEET THEREOF, AS
MEASURED ALONG SAID EAST RIGHT-OF-WAY LINE OF U.S. HIGH-
WAY NO. 1, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE EAST
SIDE OF FEDERAL HIGHWAY, BETWEEN LINTON BOULEVARD AND
S.E. 10TH STREET; PROVIDING FOR THE RIGHTS AND OBLIGA-
TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, A.D. Anderson, Jr., and H.H. Yusem, a partnership, are
the fee-simple owners of the property hereinafter described; and,
WHEREAS, Beril Kruger, President, Beril Kruger and Associates, as
agent for A.D. Anderson, Jr., and H.H. Yusem, a partnership, has requested
by 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 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:
That part of Lots 10 and 11, Block 1, Model Land Com-
pany's Subdivision in Section 21, Township 46 South,
Range 43 East, Palm Beach County, Florida, lying East of
the East Right-of-Way line of U.S. Highway No. i (State
Road No. 5) and between the Westerly Extension of the
North and South boundaries of Lot 27, Block 2, of the
said Subdivision, according to the Plat thereof recorded
in Plat Book 1, Page 128 of the Public Records of Palm
Beach County, Florida, less the South 100 feet thereof,
as measured along said East Right-of-Way line of U.S.
Highway No. 1.
The subject property is located on the east side of
Federal Highway, between Linton Boulevard and S.E. 10th
Street.
The above-described parcel contains a 0.51 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 POI (Professional, Office and
Institutional) 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 ?. 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
- 2 - Ord. No. 12-85
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[lTV I]F I]ELRII¥ BEIIgH
~00 '*,~ ','~.~ ~st AVENUE DEt..RAf
February 19, 1985
Beril Kruger & Associates
2601 North Federal Highway
Delray Beach, Florida 33444
Dear Sir:
This is to advise you that by Ord. No. 12-85 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~zabeth Arnau
City Clerk
Enclosure
cc: Mr. Byron Matteson
CITY DF [IELAAY BEI:I£H
~0E'.'~'2, ~t ",E',~JE DEU~Z,'~ c_E~C'-' :LC'~ DA }3444 305.278 284.~
February 19, 1985
Mr. H.H. Yusem
3212 S. Ocean Boulevard
Highland Beach, Florida 33431
Dear Mr. Jusem:
This is to advise you that by Or~. No. 12-85 your property describe~
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 l~abe th Arnau~ _
City Clerk
Enclosure
cc: Mr. Byron Matteson
CITY OF DELAI:I¥ BEA£H
February 19, 1985
Mr. A.D. Anderson, Jr.
3212 South Ocean Boulevard
Highland Beach, Florida 33431
Dear Mr. Anderson:
This is to advise you that by Ord. No. 12-85 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
rnau ~
City Clerk _
Enclosure
cc: Mr. Byron Matteson