53-84 UNIMPROVED
(South Side of Linton Blvd.
between S.W. 4th Avenue and
S.W. 10th Avenue)
ORDINANCE NO. 53-84
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON
THE SOUTH SIDE OF LINTON BOULEVARD BETWEEN S.W. 4TH
AVENUE AND S.W. 10TH AVENUE; 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, Walter J. Hatcher and Joyce B. Hatcher, his wife, are
the fee-simple owners of the property hereinafter described in Section 1
below as Parcel 1; and,
WHEREAS, Utiel Development Corp., S.A., is the fee-simple owner
of the property hereinafter described in Section 1 below as Parcel 2; and,
WHEREAS, Ellis Chingos is the fee-simple owner of the property
hereinafter described in Section I below as Parcel 3; and,
WHEREAS, Walter J. Hatcher and Joyce B. Hatcher, his wife, Utiel
Development Corp., S.A. and Ellis Chingos by their owner's affidavits have
authorized Robert D. Chapin on behalf of Delray Holdings, Inc., to act as
their representative in petitioning the City of Delray Beach for annexa-
tion of their property as described in Section 1 below as Parcels 1, 2 and
3; and,
WHEREAS, Robert D. Chapin, representative for Delray Holdings,
Inc., 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
DEL~%Y 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:
PARCEL 1.
The North half (N½} of Northeast quarter (NE%} of North-
east quarter (NE%} of Northwest quarter (NW%) (less three
acres lying within Lake Worth Drainage District} Section
29, Township 46 South, Range 43 East, as per plat re-
corded in the office of the Clerk of the Circuit Court of
Palm Beach County, Florida. LESS:
The North 53 feet of the North ½ of the NE% of the NE% of
the NW% of Section 29, Township 46 South, Range 43 East,
Palm Beach County, Florida. LESS 3 acres lying within
the Lake Worth Drainage District.
and
The North 53 feet of the NW% of the NWb of the NEb of
Section 29, Township 46 South, Range 43 East, Palm Beach
County, Florida, lying outside of the Lake Worth Drainage
District Boundary. Less road rights-of-way.
PARCEL 2.
The NWb of the NWb of the NEb of Section 29, Township 46
South, Range 43 East, Palm Beach County, Florida, lying
outside of the Lake Worth Drainage District boundary.
LESS rights-of-way for S.W. 12th Street.
PARCEL 3.
Lots 7, 8, 9 and 10 (Less the North 28 feet thereof) and
Lots 15, 16, 17 and 18, all in Block 1, WEST EL BE,
according to the Plat thereof recorded in Plat Book 15,
Page 22, of the Public Records of Palm Beach County,
Florida.
and
Lots 1 thru 6, all inclusive, and Lots 11 and 12 less the
North 28 feet thereof for road right of way; Lots 13 and
14, and Lots 19 thru 24, all inclusive, in BLOCK 1; ALSO,
Lots 1 thru 24, all inclusive, in BLOCK 5; and Lots 1
thru 12, all inclusive, in BLOCK 6; of WEST EL BE ADDI-
TION, as shown in Plat Book 15, Page 22 of the Public
Records of Palm Beach County, Florida; being a part of
Section 29, Township 46 South, Range 43 East, Palm Beach
~ounty.
The subject property is located on the south side of
Linton Boulevard between S.W. 4th Avenue and S.W. 10th
Avenue.
The above-described parcels contain an 18 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 SAD (Special Activities) District
as defined by existing ordiD~nces 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.
- 2 - Ord. No. 53-84
Section ?. That if any word, phrase, clause, sentence or part of
this ordi~nce shall be declar~ illegal by a Court of competent jurisdic-
tion, such record of illegality shall in no way affect the r~aining
portion.
Section 8. That this ordi~nce shall become effective ~medi-
ately upon passage on second and final reading.
~SSED AND ~OPTED in r~ular session on second and fill reading
on this the_l Si Lb__day of Sept~_nd~er , 1984.
ATTEST:
First Reading July 24, 1984
Second Reading ~ml.,~ 2~.
- 3 - : Ord. No. 53-84
**********************************************
PARCEL I
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glT¥ I)F DELRI:I¥ BEII£H
"00NW. ',st AVENUE DEL~AY EE~'C,~ -~LQ~iQA 33444 $05 27'3.1'~
October 2, 1984
Utiel Development Corp., N.V.
Agamenon International, S.A.
% Paul H. Kupfner, Esq.
4600 Commercial Boulevard
Ft. Lauderdale, FL 33319
Dear Sirs:
This is to advise you that by Ord. No. 53-84 your property described
in the Ordinance was annexed to the City of Delray Beach. The Ordi-
nance was passed and adopted on September 25, 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
El~abeth Arnau
City Clerk
Enclosure
cc: Mr. Byron Matteson
[IT¥ I)F DELRII¥ BEIIgH
100 N.W. 1st AVEf'IUE DELRAY BEACH, FLORIDA 33444 3051278-2841
October 2, 1984
Mr. & Mrs. Walter J. Hatcher
9424 Indiantown Road
Jupiter, FL 33458
Dear Mr. & Mrs. Hatcher:
This is to advise you that by Or~. No. 53-84 your property described
in the Ordinance was annexed to the City of Delray Beach. The Ordi-
nance was passed and adopted on September 25,1984, 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
El~abeth Arnau
City Clerk
Enclosure
cc: Mr. Byron Matteson
[IT¥ JIF [IELAI:IV BEI:I[H
~,~;~3 N ?,/ ~.st A',,'ENLJE DELR,~.Y BEACH. FLORIDA 33444 ~05,,278-28~!
October 2, 1984 ,
Mr. Ellis Chingos
100 E. Linton Boulevard
Delray Beach, FL 33444
Dear Mr. Ch~ngos
This is to advise you that by Ord. No. 53-84 your property described
in the Ordinance was annexed to the city of Delray Beach. The Ordi-
nance was passed and adopted on September 25,1984, 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
£1TY OF i)ELAAY BEACH
~00NW lstAVENUE DELRAY BE,~CH FLORIDA33444 305,278-2841
October 2, 1984
Delray Holdings, Inc.
651 Egret Circle
Delray Beach, FL 33444
Attn: Robert D. Chapin
Dear Mr. Chapin:
This is to advise you that by Ord. No. 53-84 your property described
in the Ordinance was annexed to the City of Delray Beach. The Ordi-
nance was passed and adopted on September 25, 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
E li~fabe th Arnau
City Clerk
Enclosure
cc: Mr. Byron Matteson