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21-83 ORDINANCE NO. 21-83 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 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDAR/ES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. WHEREAS, the Lake Worth Drainage District is the fee-simple owner of the North 40 feet of the West 662 feet of the Northwest Quarter of the Northwest Quarter of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; less the right-of-way of State Road 809 (Military Trail); and, WHEREAS, James H. Ranson, Manager-Secretary of the Lake Worth Drainage District, has requested by his petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and, WHEREAS, Pylon MediCal Associates, Ltd., a Florida Limited Part- nership, is the fee-simple owner of the North 140 feet of the West 662 feet of the Northwest Quarter (NW¼) of the Northwest Quarter (NW~} of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; LESS the right-of-way of State Road 809 (Military Trail); and LESS the right-of-way of Lake Worth Drainage District Lateral Canal No. 32. Also including, the South 15 feet of the North 55 feet of the North 140 feet of the West 662 feet of the Northwest One-Quarter of the Northwest One- Quarter of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; and, WHEREAS, James G. Brady, General Partner, Pylon Medical Associ- ates, Ltd., a Florida Limited Partnership, has requested by his petition to have the subject 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: The North 40 feet of the West 662 feet of the Northwest Quarter of the Northwest Quarter of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; less the right-of-way of State Road 809 (Military Trail); and, The North 140 feet of the West 662 feet of the Northwest Quarter (NW~) of the Northwest Quarter (NW~) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; LESS the right-of-way of State Road 809 (Mili- tary Trail); and LESS the right-of-way of Lake Worth Drainage District Lateral Canal No. 32. Also including, the South 15 feet of the North 55 feet of the North 140 feet of the West 662 feet of the Northwest One-Quarter of the Northwest One-Quarter of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida. The subject property is located east of Military Trail between Lake Ida Road and Atlantic Avenue. The above-described parcel contains a 1.97 acre parcel of land. 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 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. PASSED AND ADOPTED in regular session on second and final reading on this the 26th day of April , 1983. ATTEST: First Reading March 22. 1983 Second Reading April 26, 19~.3 -2- Ord. No. 21-83 : ' : ' h~-'~' '' : " /v.~. '"~ 1)~ ' .~,, -. .. HIGH POINT ' : · r: : :: :: :' " ; ' SEC. 7 ~ .~.:..,,, - .;; . ;- · I '1 T II '1 II '1 ' ' I .. : May 3, 1983 Lake Worth Drainage District James Ranson Route 1, Box 711 Delray Beach, FL 33445 RE: ORDINANCE NO. 21-83 East of Military Trail between Lake Ida Road and Atlantic Avenue Dear Sir: This is to advise you that your above described property was annexed to the City of Delray Beach by Ordinance No. 21-83 which was passed and adopted on April 26,. 1983, and which will become effective immediately. Copy of said Ordinance is enclosed here- with. 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 ~~a~ City Clerk Enclosure cc: Mr. Byron Matteson May 3, 1983 Pylon Medical Associates, Ltd. James Brady, General Partner 5549 North Federal Highway Boca Raton, Florida 33432 RE: ORDINANCE NO. 21-83 East of Military Trail between Lake Ida Road and Atlantic Avenue Dear Sir: This is to advise you that your above described property was annexed to the City of Delray Beach by Ordinance No. 21-83 which was passed and adopted on April 26, 1983, and which will become effective immediately. Copy of said Ordinance is enclosed here- with. 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 City Clerk Enclosure cc: Mr. Byron Matteson