22-81 VOID
ORDINANCE NO. 22-81
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 28, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, LOCATED SOUTH OF LINTON BOULEVARD, IF
EXTENDED EAST, BETWEEN A1A AND THE OCEAN, 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.
WHEREAS, Ocean Front Properties, Inc., is the fee-simple owner of
the property hereinafter described; and,
WHEREAS, Clare W. Miller, President of Ocean Front Properties,
Inc., has requested by her 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 conti-
guous to said City to-wit:
The North 100 feet of the South 2620 feet of Govt. Lot 1,
being a part of Section 28, Township 46 South, Range 43
East (measured at right angles to the East and West
quarter section line through said Section), and of that
part of said Section which lies North of the East and
West quarter section line through said Section and lies
East of the easterly boundary line of State Road No. 140
(now known as State Road A-i-A), and bordered on the East
by the Atlantic Ocean, together with all littoral rights
thereunto appertaining. The said East and West quarter
Section line is as established by agreement between
Bessemer Properties, Incorporated, and Bassett W.
Mitchell and Mary Starr Mitchell, his wife, dated Novem-
ber 20, 1941, and recorded in Deed Book 642, Page 474, of
the Public Records of Palm Beach County, Florida.
The above-described parcel contains a 1.7 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 RM-15 (Multiple Family Dwelling)
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 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 day of , 1981.
~ A Y O R
ATTEST:
City Clerk
First Reading April 14, 1981
Second Reading
VOID
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