109-85 IMPROVED
S. Side of Germantown Road Between
Homewood Boulevard (West) and
E1 Rio Canal (East).
ORDINANCE NO. 109-85
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 30, TOWNSHIP 46
SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST-.
ING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED
ON THE SOUTH SIDE OF GERMANTOWN ROAD BETWEEN THE E-4
CANAL AND HO~iEWOOD BOULEVARD, IF EXTENDED SOUTH'; REDEFIN-
ING 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
DAT E.
WHEREAS, Aldo A. Aleliunas, a single man, and Sofia Miranda, a
single woman, are the fee-simple owners of the property hereinafter de-
scribed; and,
WHEREAS, William F. Maher, Genera 1 Partner, and Thomas F.
Fleming, III, General Partner, Andover Partnership, a Florida General
Partnership, 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
pr oceedi ng s; a nd,
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:
The East 211.15 feet of the West 397.06 feet of that part
of the Northwe st one- qua rter (NW~) of the Southea st
one-quarter (SE¼) of the Northwest one-quarter (NW%) of
Section 30, Township 46 South, Range 43 East, lying South
of Germantown Road, Palm Beach County, Florida.
The subject property is located on the south side of
Germantown Road between the E-4 Canal and Homewood Boul-
evard, if extended south.
The above-described parcel contains a .99 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 Delra~ 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 R-1AA (Single Family Dwelling) as
defined by existing ordinances of the City of ~elray 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 il legality 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 22nd day of October , 1985.
ATTES~.
City Clerk
First Reading September 24, 1985
Second Reading October 22, 1985
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