94-82 IMPROVED
ORDINANCE NO. 94-82
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT
39, DELRAY BEACH ESTATES, ACCORDING TO THE PLAT THEREOF
ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT
IN AND FOR PALM BEACH COUNTY, FLORIDA, AS RECORDED IN
PLAT BOOK 21, PAGE 13, 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 PRO-
VIDING FOR THE ZONING THEREOF.
WHEREAS, Victor Mahns and Jenny A. Mahns, his wife, are the
fee-simple owners or the grantors and preceeding fee-simple owners, of the
property hereinafter described; and,
WHEREAS, Victor Mahns and Jenny A. Mahns, his wife, have re-
quested pursuant to agreement dated June 15, .1981, and recorded in Offi-
cial Record Book 3552, Pages 1791, 1792 and 1793, which agreement was a
covenant for annexation running with the property hereinafter described,
to have the subject property annexed into the municipal limits of the City
of Delray Beach; and,
WHEREAS, the subDect 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 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:
Lot 39, Delray Beach Estates, according to the Plat
thereof on file in the office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, as recorded
in Plat Book 21, Page 13.
The subject property is located east of North Federal
Highway between Allen Avenue and Avenue Au Soleil.
The above-described parcel contains a 1.5 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 GC (General Commercial) as de-
fined 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 il legality 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.
ATTEST:
First Reading November 9, 1982
Second Reading December .14, 1982
- 2 - Ord. No. 94-82
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December 16~ 1982
Mr. & Mrs. Victor Mahns
2771 N.E. 3rd Street
Post office Box 1087
Pompano Beach, Florida 33061
RE: ORDINANCE NO. 94-82: ANNEXING Lot 39,
Delra¥ Beach Estates.
Dear Mr. & Mrs. Mahns:
This is to advise you that your above described property was annexed
to the City of Delray Beach by Ordinance No. 94-82 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 DELRAy BEACH
City Clerk
Enclosure
cc: Mr. Byron Matteson