13-84 IMPROVED
Southeast corner of Atlantic
Avenue and Congress Avenue.
ORDINANCE NO. 13-84
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LOCATED IN SECTION 18, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE
ZONING THEREOF.
~EREAS, Shell Oil Company, a corporation existing under the laws
of the State of Delaware, is the fee-simple owner of the property here-
inafter described; and,
WHEREAS, Lee Starkey, agent for Shell Oil Company, has requested
by his 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 o~ 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 ~each has heretofore been authorized
to annex lands in accordance with Section 171.044 of the Florida Statutes,
N~, 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:
A parcel of land in a portion of the Southeast quarter of
Section 18, Township 46 South, Range 43 East, Palm Beach
County, Florida, being n~re particularly described as fol-
lows: Commencing at the northwest corner of the west one-
half of the northwest quarter of the northeast quarter of
the southeast quarter of said Section 18, said corner being
in the centerline of right-of-way of Congress Avenue as now
laid out and in use; thence run South 00°10'39" East along
said center line and west line of the west one-half of the
northwest quarter of the northeast quarter of the southeast
quarter of said Section 18, a distance of 455.06 feet to a
point being in the westerly extension of the southerly
right-of-way line of State Road No. S-806, as now laid out
and in use; thence run North 55°30'41" East along said
southerly right-of-way line a distance of 64.17 feet to a
point in the easterly right-of-way line of said Congress
Avenue and the point of beginning of the herein described
parcel; thence continue on the preceding described course a
distance of 49.37 feet to the beginning of a curve concave
to the southeast, havin9 a partial central angle of 08°45'
17" and a radius of 1857.08 feet; thence run northeasterly
along the arc of said curve and southerly right-of-way line
a distance of 283.76 feet to a point in the east line of the
west one-half of the northwest quarter of the northeast
quarter of the southeast quarter of said Section 18, thence
run South 00"09'39" East along said east line a distance of
110.67 feet to a point in the northerly right-of-way line of
old State Road 806 (Atlantic Avenue and Delray West Road);
thence run South 49"35'21" West along said northerly right-
of-way line a distance of 204.45 feet to the beginning of a
curve concave to the northwest, having a central angle of
22°40'00" and a radius of 163 feet; thence run southwesterly
and westerly along the arc of said curve and northerly
right-of-way line a distance of 64.48 feet to the end of
said curve; thence run South 72°15'21" West alon9 said
northerly right-of-way line a distance of 77.88 feet to a
point in the easterly right-of-way line of said Congress
Avenue; thence run North 00°10'39" West along said easterly
right-of-way line a distance of 127.90 feet to the point of
beginning of the herein described parcel.
Less the following:
Commencing at the Northwest corner of the West ½ of the
Northwest % of the Northeast % of the Southeast ~ of said
Section 18, said corner being in the centerline of the
right-of-way of Congress Avenue as now laid out and in use;
thence run South 00°10'39" East along said centerline and
West line of the West ½ of the Northwest % of the Northeast
~ of the Southeast ¼ of said Section 18 a distance of 455.06
feet to a point being in the Westerly extension of the
Southerly right-of-way line of State Road S-806 as now laid
out and in use; thence run North 55"30'41'' East along said
southerly right-of-way line a distance of 113.54 feet to the
beginning of a curve concave to the Southeast having a
radius of 1857.08 feet and a central angle of 0~"45'17";
thence Northeasterly along the arc of said curve, through a
central angle of 04"38'12", a distance of 150.28 feet to the
Point of Beginning of the hereinafter described parcel;
thence continuing along the arc of said curve, through a
central angle of 04"07'05'', a distance of 133.48 feet to a
point on the East line of the West ½ of the Northwest ¼ of
the Northeast % of the Southeast % ot said Section 18;
thence South 00"09'39" East, along said East line of the
West ½ of the Northwest % of the Northeast % of the South-
east ¼, a distance of 110.67 feet to a point in the Norther-
ly right-of-way line of Old State Road No. 806 (Atlantic
Avenue and De lray West Road); thence South 49°35'21'' West
along said Northerly right-of-way line, a distance of 128.48
feet to a point; thence North 08~51'39" West, departing from
said right-of-way line, a distance of 133.32 feet to the
Point of Beginning, subject to rights-of-way and easements
of records.
The subject property is located at the southeast corner of
Atlantic Avenue and Congress Avenue.
The above-described parcel contains a 0.6 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.
~eCtion 3% That Section 30-23 of the Zoning Code shall not a~ply
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 De lray Beach, Florida.
- 2 - Ord. No. 13-84
section 5~ That the land hereinabove descrzbed shall immediately
become subject to all of the franchises, privileges, i~unities, debts,
obligations, liabilities, ordinances and laws to which lands in the City
of Delray Beach are now or may be subjected and ~rsons residing thereon
shall ~ deemed citizens of the City of ~lray 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 responsibili~ for such roads,
alleys, or the like, unless otherwise specifically initiated by the Clty
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 ren,aining
portion.
PASSED MD ADOPTED in regular session on second and final readln9 1
on this the ' 27th day of March , 1984.
ATTE ~:
City Clerk
First Reading February 28, 1984
Second Reading March 27, 1984
- 3 - Ord. No. 13-84
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SHELL OIL SIAIION
AT ATLANTIC & CONGRESS
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100 N.W. 1st A';E;;UE DELRAY BEACH. FLORIDA 33444 305/278-2841
April 2, 1984
Mr. Lee Starkey
Adair & Brady, Inc.
1958 South Congress Avenue
West Palm Beach, Florida 33406
Dear Mr. Starkey:
This is to advise you that your above described property was annexed
to the City of Delray Beach by Ordinance No. 13-84 which was passed
and adopted on March 27th, 1984, and which will become effective
immediately. Copy of said Ordinance is enclosed herewith.
We are pleased to welcome you into the City of Delray Beach and
believe that you will benefit by the extension of all convenient
City services and all other advantages which a City is in a posi-
tion to offer.
Very truly yours,
CITY OF DELRAY BEACH
rnau
City Clerk
Enclosure
cc: Mr. Byron Matteson
100 N.W '; st AVENUE DELRAY BEACH, FLORIDA 33444 : 305/278-2841
April 2, 1984
Mr. R. L. Cheatham
Shell Oil Company
100 South Pine Island Road
Suite 9130
Plantation, Florida 33324
Dear Mr. Cheatham:
This is to advise you that your above described property was annexed
to the City of Delray Beach by Ordinance No. 13-84 which was passed
and adopted on March 27th, 1984, and which will become effective
immediately. Copy of said Ordinance is enclosed herewith.
We are pleased to welcome you into the City of Delray Beach and
believe that you will benefit by the extension of all convenient
City services and all other advantages which a City is in a posi-
tion to offer.
Very truly yours,
CITY OF DELRAY BEACH
E~abeth Arnau
City Clerk
Enclosure
cc: Mr. Byron Matteson