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90-82 IMPROVED ORDINANCE NO. 90-82 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 20, TOWNSHIP 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; AND PROVIDING FOR THE ZONING THEREOF. ~U~EREAS, Richard A. Bird, President of Southridge Associates, Inc., is the fee-simple owner or the grantor and preceeding fee-simple owner, of the property hereinafter described; and, WHEREAS, Richard A. Bird, President of- Southridge Associates, Inc., has requested pursuant to agreement dated August 12, 1981, and recorded in Official Record Book 3607, Pages 1120, 1121, 1122 and 1123, which agreement was a covenant for annexation running with the property hereinafter de scribed, to have the subject property annexed into the municipal limits of the City of Delray Beach; and, WHEREAS, the subject property hereinafter described is now con- tiguous to the corporate limits of the City of Delray Beach, thus making said petition for annexation effective at this time; 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 i 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: South 153.00 feet of the West ½ of the East ½ Lot 31, Subdivision of Section 20, Township 46 South, Range 43 East according to the Plat on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 4. Together with, Lots 10 through 15, inclusive, Block 18, Plat 2 of 2 of Southridge as recorded in Plat Book 13 on Page 39, Palm Beach County Public Records, together with that part of the North Half (N½) of the Southeast Quarter (SE%) of the Southeast Quarter (SE%) of the Southwest Quarter (SW¼) of said Section 20, lying North and West of said Plat 2 of 2 of Southridge, said part being more particularly de- scribed as follows: Beginning at the Northeast corner of said Lot 10, Block 18; thence S. 89°23'22"W., along the North line' of said Block 18 and its westerly prolongation, a distance of 325.14 feet; thence N. 00°43'22" E. along the West line of the said North Half (N½) of the Southeast Quarter (SE%) of the Southeast Quarter (SE¼) of the Southwest Quarter (SW¼) of Section 20, a distance of 30.16 feet to the Northwest corner of said North Half (N½); thence N 88°35'14"E., along the North line of said North Half (N½), a distance of 325.51 feet to a point in the West line of Lot 16, said Block 18; thence S. 01°07'19"W., along the West line of said lot 16, a distance of 34.72 feet to the Point of Beginning aforedescribed. Together with,. The South Half (S½) of the Southeast Quarter (SE%) of the Southeast Quarter (SE%) of the Southwest Quarter (SW%) of said Section 20, Township 46 South, Range 43 East, less the South 53 feet thereof, lying in Palm Beach County. Together with, Lots 3 through 13, inclusive, Block 19, Plat 2 of 2 of Southridge, as recorded in Plat Book 13 Page 39, Palm Beach County Public Records. Together with, The West 25' of the West 349 feet of the South half (S½) of Lot 8, Less the South 53' 'thereof for the right-of-way of Linton Boulevard, lying in Section 20, Township 46 South, Range 43 East as recorded in Plat Book 1, Page 4, Public Records of Palm Beach County, Florida. The subject property is located west of S.W. 8th Avenue, between Ella Street, if extend.ed west, and Linton Boule- vard. The above-described parcel contains a 8.1 acre parceI of 1 and. 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 declar~d 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 RM-15 (Multiple Family Dwelling) 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 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 14th day of December , 1982. M A~ O R ~ ATTEST: -~ City C16rk First Reading November 9 1982 Second Reading December f4~ 1982 -2- Ord. No. 90-82 December 16, 1982 Mr. Richard A. Bird 15931 S.W. 8th Avenue Delray Beach, Florida 33444 RE: ORDINANCE NO. 90-82: ANNEXING property in Section 20-46-43. Dear Mr. Bird: This is to advise you that your above described property was annexed to the City of Delray Beach by Ordinance No. 90-82 which was passed and adopted on December 14, 1982, and which 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 posi- tion to offer. Very truly yours, CITY OF DELRA¥ BEACH City Clerk Enclosure cc: Mr. Byron Matteson