113-85 IMPROVED
0.38-acre parcel
S.E. Corner of South
Fed. Hwy. & Ave. "H".
ORDINANCE NO. 113-85
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH', FLORIDA, ANNF. XING TO THE CITY OF DELRAY BEACH' LOTS
1 THROUGH' 5, INCLUSIVE, LESS THE WEST 38 FEET THEREOF,
AND LOTS 37 AND 38, ALL IN BLOCK 27, AND THAT PART OF A
VACATED 10 FOOT ALLEY, ALL AS SHOWN ON THE PLAT OF DEL-
RATON PARK, ACCORDING TO THE PLAT AS RECORDED IN PLAT
BOOK 14, PAGE 9 , PUBLIC RECORDS OF PALM BEACH' COUNTY,
FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY, SAID LAND IS LOCATED AT THE SOUTH-
EAST CORNER OF SOUTH' FEDERAL HIGHWAY AND AVENUE H'; RE- ~'
DEFINING 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, title to the property is currently held as an estate for
years by Southern Convenience Partners, a North Carolina Limited Partner-
ship, and as remainder interest in fee-simple by the Trustees of the
Endowment Fund of the University of North Carolina; and,
WHEREAS, The Southland Corporation, as agent, has 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, 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 1, 2, 3, 4 and 5, LESS the West 38 feet thereof, and
Lots 37 and 38, ail being in Block 27, DEL-RATON PARK,
according to the Plat thereof as recorded in Plat Book
14, Page 9, Public Records of Palm Beach County, Florida;
and,
All that part of a vacated 10 foot alley as shown on the
Plat of DEL-RATON PARK, according to the Plat thereof, as
recorded in Plat Book 14, Page 9 and described as lol-
lows:
Being East of East line of Lots 1, 2, 3, 4 and 5, Block
27, and West of West line of Lot 38, Block 27, extending
from south line of Avenue A to South line of Lot 5, Block
27, extended eastward to west line of said Lot 38, Block
27; all of said lands situate, lying and being in Palm
Beach County, Florida.
The subject property is located at the southeast corner
of South Federal Highway and Avenue H.
The above-described parcel contains a 0.38 acre parcel of
land, more or less.
Section 2. That the Boundaries of the City of relray 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
porti on.
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 26th day of November , 1985.
ATTEST:
Clerk
First Reading October 22, 1985
Second Reading November 26, 1985
- 2 - Ord. No. 113-85
MILLER ,
PARK G.M.' SI
O~rL. IqAY ACRI~S
CLUB BK. 2g lPG. I~
1'ION
1
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.AGE
OF TROPIC BAY
!
BK. 29 - PG. 20
THE SOUTHLAND
CORPORATION ANN£XAT[ON
L" = 500'