59-84 IMPROVED
(2055-2085 S. Congress Avenue)
ORDINANCE NO. 59-84
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 30, TOWNSHIP 46 SOUTH,
EANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED SOUTH
OF LINTON BOULEVARD, BETWEEN CONGRESS AVENUE AND 1-95;
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, James R. McNama fa, Lawrence W. McNamara, Jr., and
Lawrence W. McNamara, III, General Partners, McNamara Enterprises, a
Florida Partnership, are the fee-simple owners of the property hereinafter
described; and,
WHEREAS, James R. McNamara, Lawrence W. McNamara, Jr., and
Lawrence W. McNamara, III, General Partners, McNamara Enterprises, a
Florida Partnership, have requested by their 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
DELEAY 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 contig-
uous to said City to-wit:
A parcel of land lying in Section 30, Township 46 South,
Range 43 East, Palm Beach County, Florida, said parcel
being more particularly described as follows: Commencing
at the intersection of the North line of the SE% of the
NE% of said Section 3u and the Last right-of-way line of
Congress Avenue, said East right-of-way line being 402.0
feet West of, as measured at Right angles, and parallel
with the. West right-of-way line of the Seaboard Air Line
Railway; thence South 00Q12'10" East, (assumed) along the
said East right-of-way line of Congress Avenue, a dis-
tance of 200.0 feet to the Point of Beginning of the
parcel to be herein described; thence continue South
00°12'10" East, along said East right-of-way line, a
distance of 345.68 feet; thence North 89°47'50" East, a
distance of 162.23 feet to a point in the boundary of
Lake Worth Drainage District; thence North 50Q27'06"
East, along the boundary of Lake Worth Drainage District,
a distance of 101.65 feet; thence North 60"37'24" East
along said boundary of Lake Worth Drainage District, a
distance of 81.05 feet to a point in a line 20.0 feet
West of and parallel to the East line of the West One
Half (W%) of the SE% of the NE% of said Section 30;
thence North le17'40" West along said line, a distance of
242.68 feet; thence South 89e37'34" West, a distance of
306.99 feet to the Point of Beginning. LESS additional
right of way for Congress Avenue conveyed to the County
of Palm Beach in Official Record Book 3012, page 1489,
Public Records of Palm Beach County, Florida.
The subject property is located south of Linton Boulevard
between Congress Avenue and 1-95.
The above-described parcel contains a 2.268 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 LI (Light Industrial) 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,
obliga~ ..ons, liabilities, ordinances and laws to which lands in the City
of Del£ay 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 ~ day of September , 1984.
ATTEST:
Asst. City Clerk
First Reading August 14~ 1984
Second Reading ~emtember 25, 1984
- 2 - Ord. No. 59-84
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£1TY OF [IELRAY BEAgH
~?0N W !st AVENUE DELRAY BEACH. FLORIDA 33444 305,278-2841
October 2, 1984
McNamara Enterprises
4044 Clint Moore Road
Boca Raton, FL 33431
Dear Sirs:
This is to advise you that by Ord. No. 59~84 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 , ~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 DELRAY BEACH
~~Arnau
City Clerk
Enclosure
cc: Mr. Byron Matteson