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33-84 UNIMPROVED (South of Tropic Boulevard between Federal Highway and Florida Boulevard) ORDINANCE NO. 33-84 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1 AND 4, BLOCK 21 AND LOTS 12 THROUGH 18, INCLUSIVE, AND LOTS 29 THROUGH 35, INCLUSIVE, BLOCK 37 AND THE ABUTTING PORTIONS OF FREDERICK BOULEVARD AND AVENUE B, DEL-RATON PARK, AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, 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 THEREOF; 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 said City to-wit: Lots 1 and 4, Block 21, DEL-RATON PARK, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 14, Pages 9 and 10, LESS AND EXCEPT portion thereof conveyed to the State of Florida in Warranty Deed dated July 6, 1955 and recorded in Deed Book 1103, Page 299 and described as follows: From the SW corner of said Lot 1, run Northerly along the West line of said Lot i for a distance of 125 feet to the NW corner of said Lot, thence run Easterly along the North line of said Lot 1 for a distance of 28.1 feet to the NE corner of said Lot 1; thence r~n Easterly along the North line of said Lot 4 for a distance of 10.10 feet; thence run S 8 deg. 11 min. 12 sec. W., across said Lots 4 and 1 for a distance of 126.94 feet to a point on the South line of said Lot 1; thence run Westerly along the South line of said Lot i for a distance of 38 feet to the SW corner of said Lot 1 and the point of beginning. Lots 14, 15, 16, 17 and 18, Block 37, and Lots 29, 30, 31, 32 and 33 in Block 37, DEL-BATON PARK, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 14, Pages 9 and 10. All that part of Frederick Boulevard, being a part of that certain Plat known as DEL-RATON PARK as recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida, described as follows: Beginning at the Northwest corner of Lot 14, Block 37 of DEL-RATON Park; thence Westerly to the Northeast corner of Lot 4, Block 21 of DEL-RATON PARK; thence Southerly along the Easterly line of Lot 4, Block 21 of DEL-BATON PARK to the Southeast corner of said Lot 4, Block 21, DEL-BATON PARK; thence Easterly to the Southwest corner of Lot 18, Block 37, DEL-RATON PARK; thence Northerly along the Westerly boundary of Lots 18, 17, 16, 15 and 14, Block 37, DEL- BATON PARK to the Point of Beginning. Lots 12, 13, 34 and 35, and 50 ft. strip lying west of Lots 12 and 13, extension to Highway 1, Block 37, DEL- RATON PARK subdivision, Palm Beach County, Florida, re Plat Book 14, P. 9, Palm Beach County, Florida Public Records. That part of Avenue B as shown on the Plat of DEL-BATON PARK as recorded in Plat Book 14, Page 9, Palm Beach County, Florida, Public Records, bounded as follows: On the East by the West line of Lots 12 and 13, Block 37; on the North by the Westerly extension of the North line of Lot 12, Block 37, and the South line of Block B; on the South by the Westerly extension of the South line of Lot 13, Block 37, and the North line of Block 21, and on the West by a line parallel to and 60 feet East of the center line of State Road 5 as shown on Road Plat Book 2, Page 74, all being in the Plat of DEL-BATON PARK, as recorded in Plat Book 14, Page 9, Palm Beach County, Florida Public Records. The subject property is located south of Tropic Boule- yard, between Federal Highway and Florida Boulevard. The above-described parcel contains a 1.27 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 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 SC (Specialized Commercial) as defined by existing ordinances of the City of Delray Beach, Florida. Section 5. That the land here~nabove 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. - 2 - Ord. No. 33-84 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 C 1-erk First Reading May 8, 1984 Second Reading June 12~ 1984 - 3 - Ord. No. 33-84 HARBOR 'i ' OLD '8 BANK FACILITY., ,¢ M.S.A. MILLER , PARK. ACR BX. 29 TROPIC BAY z.,~ BK. ?.9 - PG. 20 i Bobos Annexation (Lots 12-18 29-35~ 8lock 37~ Lots 1 Block Zlt Del Raton Park 100 N.W. 15t AVEI~UE · DELRAY BEACH, FLORIDA 33444 , 3051278-2841 June 19, 1984 Mr. MicSael E. Botos 29 N.E. 4th Avenue Delray Beach, FL 33444 Dear Mr. Botos This is to advise you that by Ord. No. 33-84 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 , ~nd 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 DELRA¥ BEACH E~abeth Arnau City Clerk Enclosure cc: Mr. Byron Matteson