93-85 UNIMPROVED
North side of the L-33 Canal
between Davis Road and ~igh
Point of Delray.
AMENDED
ORDINANCE NO. 93-85
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH
PARCELS OF LAND LYING AND BEING IN SECTION 18, TOWNSHIP
46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS
LOCATED ON THE NORTh SIDE OF THE L-33 CANAL, BETWEEN
DAVIS ROAD AND HIGH POINT OF DELRAY; 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, Stanley G. Tare, General Partner Investments Diversified
Limited, is the fee-simple owner of the property hereinafter described;
and,
WHEREAS, J. Kenneth Tate, as agent of record for the owner, has
requested by his petition to have the property annexed into the municipal
limits of the City of Delray Beach; and,
WHH~EAS, the deslgnation 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,
WHERkAS, the City of Delray Beach has heretofore been authorized
to annex lands in accordance with Section 171.044 of the Florida Statutes,
NOW, THEREFORH, 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:
All of that portion of the following three (3) tracts
being in Section 18, Township 46 South, Range 43 East,
and lying west of E-4 Canal, Palm Beach County, Florida.
1. The S½ of the NW~ of the SWb of the NEb.
2. The ~½ of the SWb of the SWb of the NEb.
3. The S½ of the SWb ef the SW~ of the NE¼.
ALSO the S 3/4 of the E½ of the SEb of the NWb of said
Section 18.
S~metimes referred to as Tracts 24, 25 and 26, MODEL LAND
COMPANY SUBDIVISION, Section 18-46-43 (Plat Book 6, Page
51).
LESS THE FOLLOWING:
The North 100.00 feet of that part of the South half (S½)
of the Northwest quarter (NWb) of the Southwest quarter
(SWb) of the Northeast quarter (NE%) of Section 18,
Township 46 South, Range 43 East, lying west of the
westerly right-of-way line of Davis Road, together with
the North 100.00 feet of the South three quarters (S 3/4)
of the East half (E½) of the Southeast quarter (SE~) of
the Northwest quarter (NW~) of said Section 18, less the
West 30.0 feet thereof, a~l lying in Delray Beach, Palm
Beach County, Florida.
ALSO LESS:
The West 30.0 feet of the South three-quarters (S 3/4) of
the East half (E½) of the Southeast quarter (SE¼) of the
Northwest quarter (NW%) of Section 18, Township 46 South,
Range 43 East, Delray Beach, Palm Beach County, Florida,
less the South 70.0 feet thereof.
ALSO LESS:
The South 100 feet of the North 200 feet of the South
three-quarters (S 3/4) of the East half (E½) of the
Southeast quarter (SE%) of the Northwest quarter (NW~) of
said Section 18, less the West 30 feet thereof; together
with the South 100 feet of the North 200 feet of that
part of the South three-quarters (S 3/4) of the West half
(W½) of the Southwest quarter (SW~) of the Northeast
quarter (NE¼) of said Section 18, lying West of Lake
Worth Drainage District's Canal E-4.
Subject to restrictions, reservations, easements and
rights-of-way of record and Lake ~4orth Drainage Dis-
trict's Canal rights-of-way.
The subject property is located on the north side of the
L-33 Canal, between Davis Road and High Point of Delray.
The above-described parcel contains a 22.57 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 RM-10 (Multiple 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.
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.
- 2 - Ord. No. 93-85
PASSED AND ADOPTED in regular session on second and final reading
on this the 8th day of October , 1985.
ATT EST:
City Clerk
First Reading September 10. 1985
Second Reading October 8t 1985
- 3 - Ord. No. 93-85
~ TEMPLE GARDENS ANNEXATION
;H P "NT OF t£LRAY AND LAD'D USE PLAN AMENDMENT
CONEIIO SEC.~.'n"r' 1" = 500'
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