101-82 -~mprove d ?roperty
1909 '~. Atlantic Avenue
ORDINANCE NO. 101-82
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLOkIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LOCATED IN SECTION 18, 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.
~HEREAS, ~W.C. Stewart, Distribution and Engineering Manager for
Exxon Company, U.S.A. (Division of Exxon Corporation), is the fee-simple
owner or the grantor and preceding fee-simple owner, of the property
hereinafter described; and,
~EREAS, W.C. Stewart, Distribution and Engineering Manager for
Exxon Company, U.S.A. (Division of Exxon Corporation), has requested
pursuant to agreement dated August 17, 1981, and recorded in Official
~ecord Boo~ 3626, Pages 1026, 1027, 1028 and 1029, 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,
~HEREAS, 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,
~HEREAS, 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,
~ER~A$, the City of Delray Beach has heretofore been authorized
to annex lands in accordance with Section 171.044 of the Florida Statutes,
N~, THEREFORE, BE IT O~DAINED 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:
That part of the W½ of the ~;¼ of the NE~ of the SE¼ of
Section 18, Township 46 South, Range 43 East, lying North
of the Northerly R/W line of State Road 806 (Atlantic
Avenue), as shown on the State Road R/W Map recorded in
Koad Plat Book 3 at Pages 24 thru 30 of the Public Rec-
ords of Palm Beach County, Florida, less the ;~est 53.00
ft., and less the North 50.00 ft. thereof, said Tract of
Land being more particularly described as follows:
Begin at a point 53.00 ft. East of the ~st line of the
~½, N%~, NE¼, SE¼ of said Section 18, and 50.00 ft. South
of the North line of the U½, ~¼, NE¼, SE¼ of said Sec-
tion 1~; thence run S 89~47'46"E, parallel to the North
line of the W½, N~¼, NE~, SE¼ of sai Section 18 for
2~6.44 ft. to a point on the East line of the W½, NW¼,
NE¼, SE¼ of said Section lS, thence run S 0~20'41" E
along said East line for 78.94 ft. to a point on the
Northerly R/W .line of State Road No. 806; said point
being situated on a circular curve, concave to the South-
east and having for ~ts elements a radius of 1963.08 ft.,
a central angle of 9!33'04", and a chord bearing of S
60°39'09'' U, thence run Southwesterly along the arc of
said curve (Northerly R/W line of State Road No. 806) for
327.24 ft. to a point of intersection with the East
line of S.~. 20th Street (Congress Avenue); thence run N
0°28'41'' ~ along said R/W line for 240.14 ft. to the
point of beginning. Said Tract of Land lying and being
situated in the City of Delray Beach, Palm Beach County,
Florida.
The subject property is located at the northeast corner
of Atlantic Avenue and Congress Avenue.
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 hereDy 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 cf 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 illegality shall in no way affect the remaining
portion.
PASSED AND ADOPTED in regular session on second and final reading
on this the llth day of January , 1983.
A~T~S~:
City Clerk
First Reading November 23t 1982
Second Reading January 11~ 1983
- 2 - Ord. ~o. 101-82
February 1, 1983
Mr. Sam Alison
Post office Box 13008
Port Everglades Station
Fort Lauderdale, Florida 33316
RE: ORDINANCE NO. 101-82
1909 West Atlantic Avenue
Exxon Station
Located at the NE corner of Congress
Avenue and Atlantic Avenue
Dear Mr. Alison:
This is to advise you that your above described property was annexed
to the City of Delray Beach by Ordinance No. 101-82 which was passed
and adopted on January 11, 1983, 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
E !~abe th Arnau
City Clerk
Enclosure
cc: Mr. Byron Matteson