28-83 UNIMPROVED
(South of the E-4 Canal
between Congress Avenue
and SAL Railroad)
ORDINANCE NO. 28-83
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 18, TO~-~NSHIP 46 SOUTH,
RANGE 43 EAST, 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.
WHEREAS, Michael J. Lembo, Trustee, and Vito J. Lupo, Trustee,
are the fee-simple owners of the property hereinafter described; and,
WHEREAS, Michael J. Lembo, Trustee, and Vito J. Lupo, Trustee,
have requested by their petition to have the subject property annexed into
the municipal limits of the City of Delray Beach; and,
W~EREAS, 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:
A tract of land lying in the Northeast one-quarter of
Section 18, Township 46 South, Range 43 East in Palm
Beach County, Florida, said tract being more fully de-
scribed as follows:
Beginning at the point of intersection of a line parallel
to but 80 feet South of the North line of Section 18, and
a curve concentric with but 350 feet west of the center-
line of the Seaboard Airlines Railroad right-of-way;
thence Southerly along the arc of said curve, having a
radius of 3214.93 feet, an arc distance of 100 feet to a
point; thence ~sterly parallel to the North line of
Section 18, 257.42 feet to a point on a curve, concentric
to the right-of-way line of the Seaboard Airlines Rail-
road, having a radius of 3464.93 feet, thence Northerly,
along said curve, an arc distance of 99.48 feet to a
point on a line parallel to but 80 feet south of the
North line of Section 18; thence Easterly along said
parallel line, 259.43 feet to the Point of Beginning.
Containing 0.575 acres more or less and subject to ease-
ments, reservations and rights-of-way of record.
The subject property is located south of the E-4 Canal,
between Congress Avenue and the Seaboard Air Line Rail-
road.
The above-described parcel contains a 0.575 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 MI (Medium 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,
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
~is 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
o.~ this the 24th day of May , 1983.
M~AYO ~
~TTEST:
First Reading April 26~ 1983
$~cond Reading May 24, 1983
- 2 - Ord. No. 28-83
'~ '~. 41, ~.
LUPO AND LEMBO ANNEXATIO~,
1 " : 500'
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ION 2
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BK.n~4
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8
~RECI~ION [~t;
June 1, 1983
Michael J~ Lembo, Trustee
Vito J. Lupo, Trustee
200 West Palmetto Park Road
Boca Raton, Florida 33432
RE: ORDINANCE NO. 28-83
South of the E-4 Canal
between Congress Avenue
and the SAL Railroad
Dear Sirs:
This is to advise you that your above described property was
annexed to the City of Delray Beach by Ordinance No. 28-83 which
was passed and adopted on May 24, 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
~rn~u
City Clerk
Enclosure
cc: Mr. Byron Matteson