125-85 UNIMPROVED - Lots 27, 28, 30, 43,
44, 45, & 46.
IMPROVED - Lot 29 --
1001 Princess Blvd.
ORDINANCE NO. 125-85
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH', FLORIDA, ANNFXING TO THE CITY OF DELRAY BEACH' LOTS
27 THROUGH' 30, INCLUSIVE, SANDS O'SEA SUBDIVISION AND
LOTS 43 THROUGH 46, INCLUSIVE, LESS THE SOUTH~ 23 FEET
THEREOF, SANDS O'SEA SUBDIVISION, AN ADDITION TO THE
COUNTY OF PALM BEACH', ALL ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 21, PAGE 27 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, WHICH' LAND IS CONTIGUOUS
TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS
LOCATED AT THE NORTHWEST CORNER OF LINTON BOULEVARD AND
S.W. 10TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY
TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA-
TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF;
PROVIDING A~ EFFECTIVE DATE.
WHEREAS, William C. Rotter and Barbara E. Rotter, his wife, are
the fee-simple owners of Lots 27 and 28, Sands O'Sea Subdivision, accord-
ing to the Plat thereof, recorded in Plat Book 21, Page 27 of the Public
B~cords of Palm Beach County, Florida; and,
WHEREAS, George F. Prado and 5~ry Prado, his wife, are the fee-
simple owners of Lot 29, Sands O'Sea Subdivision, according to the Plat
thereof, recorded in Plat Book 21, Page 27 of the Public Records of Palm
Beach County, Florida; and,
WHEREAS, Thomas R. DeSimone, is the fee-simple owner of Lot 30,
Sands O'Sea Subdivision, according to the Plat thereof, recorded in Plat
Book 21, Page 27 of the Public Records of Palm Beach County, Florida; and,
WHEREAS, Penelope M. Wade and William Wade, her husband, are the
fee-simple owners of Lot 43, less the south 23 feet thereof, Sands O'Sea
Subdivision, an addition to the County of Palm Beach, according to the
Plat thereof recorded in Plat Book 21, Page 27 of the Public Records of
Palm Beach County, Florida; and,
WHEREAS, Maureen Kruse, is the fee-simple owner of Lot 44, less
the south 23 feet thereof, Sands O'Sea Subdivision, an addition to the
County of Palm Beach, according to the Plat thereof recorded in Plat Book
21, Page 27 of the Public Records of Palm Beach County, Florida; and,
WHEREAS, Maureen Kruse, Katrina Kruse and Heather Kruse, as joint
tenants with right of survivorship, are the fee-simple owners of Lots 45
and 46, less the south 23 feet thereof, Sands O'Sea Subdivision, an ad-
dition to the County of Palm Beach, accor.ding to the Plat thereof recorded
in Plat Book 21, Page 27 of the Public Records of Palm Beach County,
Florida; and,
WHERe:AS, Barry Garfield, Contract Purchaser and authorized agent
for all above-named property owners, has requested by his petition to have
the said properties 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, here~y annexes to said City the following
described land located in Palm Beach County, Florida, which lies contigu-
ous to said City to-wit:
Lots 27 through 30, inclusive, Sands O'Sea Subdivision
and Lots 43, 44, 45 and 46, less the south 23 feet there-
of, Sands O'Sea Subdivision, an addition to the County of
Palm Beach, all according to the Plat thereof recorded in
Plat Book 21, Page 27 of the Public Records of Palm Beach
County, Florida.
The subject property is located at the northwest corner
of Linton Boulevard and S.W. 10th Avenue.
The above-described parcel contains a 2.117 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 abo~e-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 POC (Planned Office Center) 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, claus, e, 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 a.ffect 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 17th day of December , 1985.
MAYOR
ATTEST:
First Reading ,November 19t 1985
Second Reading December 17, 1985
- 2 - Ord. No. 125-85
GARFIELD ANNEXATION AND
LAND USE PLAN AMENDMENT
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