92-85 IMPROVED
East Side of SoW~ 4th Avenue
between Linton Boulevard and
Southridge Road.
ORDINANCE NO. 92-85
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 AND BEING IN SECTION 20, TOWNSHIP 46
SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST-.
ING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED
ON THE EAST SIDE OF S.W. 4TH AVENUE BETWEEN LINTON BOUL-
EVARD AND SOUTHRIDGE ROAD; 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.
~6~R£AS, William F. Hagerman, Chairman of Overland Express, Inc.,
a Minnesota Corporation, is the fee-simple owner of the property herein-
after described; and,
WHEREAS, Beril Kruger & Associates, as agent, have requested by
their 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, B~. 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:
A portion of the w~st one-half (W%) of Tract 16, Sub-
division of Section 20, Township 46 South, Range 43 East,
according to the Plat thereof recorded in Plat Book 1,
Page 4, of the Public Records of Palm Beach County,
Florida, more particularly described as follows:
Begin at the northwest corner of said Tract 16; thence
run on an assumed bearing of S 89° 27' 00" E 441.38 feet
(on an assumed bearing of east 442.52 feet: deed) along
the north line of said Tract 16 to a point; thence run S
00° 57' 00" W 196.92 feet (S 1° 25' 54" W 196.92 feet:
deed) to a point; thence run N 89° 27' 00" W 441.40 feet
(west 442.38 feet: deed) to a point of intersection with
the west boundary of said Tract 16, said point also being
a point on the centerline of S.W. 4th Avenue; thence run
N 00° 57' 19" E 196.92 feet (N 01° 23' 32" E 196.92 feet:
deed) along said centerline to the point of beginnning,
less the west 25.00 feet thereof, said lands situate,
lying and being in Palm Beach County, Florida.
The subDect property is located on the east side of S.W.
4th Avenue between Linton Boulevard and Southridge Road.
The above-described parcel contains a 1.88 acre parcel of
land, more or less.
Section 2. That the Boundaries of the City of n. elray 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 LI (Light Industrial) 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 A/~D ADOPTED in regular session on second and final reading
on this the 8th day of October , 19 85.
ATT ~:ST:
City Clerk
First Reading . September 10~ 1985
Second Reading October 8, 1985
- 2 - Ord. No. 92-85
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