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32-84 UNIMPROVED (South of Tropic Boulevard between Federal Highway and Florida Boulevard) ORDINANCE NO. 32-84 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1, 2, 45 AND 46, BLOCK 37, DEL-RATON PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 14, PAGE 9 AND THE ABUTTING PORTION FORMERLY A PART OF FREDERICK BOULEVARD, SAID LAND IS LOCATED SOUTH OF TROPIC BOULEVARD, BETWEEN FEDERAL HIGHWAY AND FLORIDA BOULEVARD, 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 THERE- OF; PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael E. Botos, Trustee, is the fee-simple owner of the property hereinafter described; and, WHEREAS, Michael E. Botos, Trustee, 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 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 sa id City to-wit: Lots 1, 2, 45 and 46, Block 37, DEL-RATON PARK, a Sub- division in Palm Beach County, Florida, according to the Plat thereof, recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 14, Page 9; That strip of land formerly a part of Frederick Boulevard now abandoned by the Board of Commissioners, Palm Beach County, which strip is bounded as follows: On the East by the West line of Lots I and 2, Block 37, DEL-RATON PARK; on the North by the Westerly extension of the North line of said Lot 1; on the South by the Westerly exten- sion of the South line of said Lot 2; and on the West by a line parallel to and 60 feet East of the center line of State Road 5 (U.S. Highway No. 1) as shown on Road Plat Book 2, page 74, Palm Beach County Records. Said lands situate, lying and being in Palm Beach County, Florida. The subject property is located south of Tropic Boule- vard, between Federal Highway and Florida Boulevard. The above-4escribed parcel contains a 0.3.7 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 establ£S~ment of a zoning classification in this ordinance. Section 4. That the tract of land hereinabove described is hereby declared to be in Zoning District SC (Specialized Commercial) 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. PASSED AND ADOPTED in regular session on second and final reading on this the 12th day of June , 1984. ATTEST: City Clerk First Reading May 8. 1984 Second Reading June 12, 1984 - 2 - Ord. No. 32-84 o B~o 2.9 '" pG. ?..0 100 N.W. 1st AVENUE ~ DELRAY BEACH, FLORIDA 33444 ~ 305/27'8-2841 June 19, 1984 Mr. Michael E. Botos 29 N.E. 4th Avenue Delray Beach, FL.33444 Dear Mr. Botos This is to advise you that by Ord. No. 32-84 your property described in the Ordinance was annexed to the City of Delray Beach. The Ordi- nance was passed and adopted on' June 12, 1984 , and 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 position to offer. Very truly yours, CITY OF DELRAY BEACH City Clerk Enclosure cc: Mr. Byron Matteson