52-85 UNIMPROVED
East side of South Federal Highway
between South Delray Shopping Plaza
and Dumar Plaza.
ORDINANCE NO. 52-85
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS
6 THROUGH 22, INCLUSIVE, BLOCK 28, LESS THE WEST 38 FEET
OF LOTS 6 THROUGH 10, INCLUSIVE, BLOCK 28, TOGETHER WITH
A PORTION OF ABANDONED ALLEY RIGHT-OF-~AY LYING ADJACENT
THERETO, A PORTION OF THE ALLEY RIGHT-OF-WAY IN BLOCK 28
AND A PORTION OF THE RIGHT-OF-~%Y FOR AVENUE J LYING
ADJACENT TO BLOCK 28, ALL LYING AND BEING IN DEL-RATON
PARK SUBDIVISION, AS RECORDED IN PLAT BOOK 14, PAGE 10,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY. SAID LAND IS LOCATED ON THE EAST SIDE OF
SOUTH FEDERAL HIGHWAY, BETWEEN SOUTH DELRAY SHOPPING
PLAZA AND DUMAR PLAZA; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THERE-
OF; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Delray Land Co., a Florida General Partnership, is the
fee-simple owner of the property hereinafter described; and,
WHEREAS, Harry Kaufman, a general partner of Delray Land Co., 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:
Lots 6-22, inclusive, Block 28, less west 38' of lots
6-10, inclusive, Block 28, together with that portion of
abandoned alley right-of-way lying adjacent thereto
abandoned by Official Record Book 685, Page 587, Del-
Raton Park, Plat Book 14, Page 10.
TOGETHER WITH ROAD AND ALLEY RIGHT-OF-WAY AS FOLLOWS:
A portion of the alley right-of-way in Block 28, Del-
Raton Park, Palm Beach County, Florida, as recorded in
Plat Book 14 at page 10 of the Public Records of Palm
Beach County, Florida, and a portion of the right-of-way
for Avenue J lying adjacent to said Block 28, being more
particularly described as follows:
Begin at the Northeast corner of Lot 22 of said Block 28;
thence Southerly, along the East line of said Lot 22,
125.00 feet; thence Westerly, along the South line of
Lots 22 through 17 inclusive, 160.49 feet; thence
continue Westerly, along the South line of Lots 16
through 10, inclusive, 247.49 feet to the East right-of-
way line of U.S. Highway No. 1; thence Southerly, along
said East right-of-way line, 25.00 feet to the centerline
of said Avenue J; thence Easterly, along said centerline,
249.92 feet; thence continue Easterly, along the center-
line of Avenue J, 167.92 feet to the Southerly inter-
section of the centerline of a 10 foot alley right-of-
way; thence Northerly, along said centerline, 150.00 feet
to the Easterly extension of the North line of said Lot
22; thence Westerly, along said Easterly extension 5.00
feet to the Point of Beginning aforedescribed.
The subject property is located on the east side of South
Federal Highway, between South Delray Shopping Plaza and
Dumar Plaza.
The above-described parcel contains a 1.389 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 GC (General Commercial) as de-
fined 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 25th day of June , 1985.
ATTEST:
City' Clerk
First Reading May 14, 1985
Second Reading June 25~ 1985
- 2 - Ord. No. 52-85
It~. 29
100 N.W. 1st AVENUE = DELRAY BEACH, FLORIDA 33444 ,~ 3051278-2841
July 2, 1985
Delray Land Company
800 West Oakland Park Boulevard
Fort Lauderdale, Florida 33311
Attention: Mr. Harry Kaufman
Dear Sirs:
This is to advise you that by Ord. No. 52-85 your property described
in the Ordinance was annexed to the City of Delray Beach. The Ordi-
nance was passed and adopted on June 25, 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
:... ,.
100 N.W. 1st'AVENUE ~, DELRAY BEACH, FLORIDA 33444 ~ 305/278-2841
July 2, 1985
Mr. Ronald P. Godfrey, Applicant
7300 North Federal Highway
Boca Raton, Florida 33431
Dear Mr. Godfrey:
This is to advise you that by Ord. No. 52-85 your property described
in the Ordinance was annexed to the City of Delray Beach. The Ordi-
nance was passed and adopted on June 25, 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
Eliz~abeth Arnau
City Clerk
Enclosure
cc: Mr. Byron Matteson