61-81 Unimproved Property
ORDINANCE NO. 61-81
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEAC~ A
PARCEL OF LAND LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, LOCATED SOUTH OF S.E. 10TH STREET, BETWEEN
S.E. 5TH AVENUE (U.S.#l) AND S.E. 6TH AVENUE (U.S.~i),
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 OBLIGA-
TIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF.
WHEREAS, Donald C. McGraw, Jr., is the fee-simple owner of the
property hereinafter described; and,
WHEREAS, Donald C. McGraw, Jr., has requested by his 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 FOLLO$~:
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 con-
tiguous to said City; to-wit:
That portion of Tract 1, Lambert Trailer Court, according to
the plat thereof recorded in Plat Book 22, Page 41, Public
Records of Palm Beach County, Florida, described as follows:
Commencing at a point in the west line of said Tract 1, said
point being 18 feet'north of the southwest corner of Tract
1; thence easterly and parallel to the south line of Tract
1, a distance of 92.39 feet to an angle point; thence con-
tinuing easterly deflecting 0 degrees 09 minutes 45 seconds
to the right and parallel to the said south line of Tract 1,
a distance of 272.93 feet to the point of beginning of land
herein to be described., said pOint, being' in the proPose~
east right-of-way line of the southbound lane'of State'Road
No. 5, U.S. No. 1, according to the State Road Department
Right-of-way Map, Section 9301-206, dated June 6, 1958;
thence continuing along the last mentioned course a distance
of 72.09 feet to a point in the existing west right-of-way
line of State Road No. 5, U.S. No. 1, (shown as being the
proposed northbound lane of State Road Department Map, Sec.
9301-206, dated June 1958); thence northerly along said west
right-of-way line a distance of 136.27 feet to the north
line of said Tract 1; thence westerly along the north line
of Tract 1, a distance of 117.08 feet to the easterly right-
of-way line· of said southbound lane; thence southerly on a
curve to the right, the radius of which is 2896.93 feet,
central angle of 2 degrees 20 minutes 51 seconds, an arc
distance of 118.69 feet to the point of beginning. (Ex-
cluding any portion of subject parcel lying east of right-
of-way of U.S. Highway No. 1).
and also,
A parcel of land lying in Section 21, Township 46 South,
Range 43 East, City of Delray Beach, Palm Beach County,
Florida, said parcel being a portion of the following de-
scribed land:
Ail of the south half (S½) of the northwest one-quarter
(NW¼) of the northeast one-quarter (NE~) of the southwest
one-quarter (SW~) of Section 21, Township 46 South, Range 43
East, in Palm Beach County, Florida, less and excepting
therefrom right-of-way for U.S. Highway No. i (formerly
State Road No. .5) as described in right-of-way deed dated
June 9, 1955, recorded in Deed Book 1100, Page 165, and
right-of-way for U.S. Highway No. 1 as described in right-
of-way deed dated November 1, 1960, recorded in official
record book 568, Page 288, Palm Beach County, Florida,
Public Records. (Excluding any. portion of subject parcel
lying east of right-of-way of U.So Highway No. I).
Said land being more particularly described as follows:
Beginning at the intersection of the south line of the south
half (S½) of the northwest one-quarter (NW¼) of the north-
east one-quarter (NE%) of the southwest one-quarter (SW%) of
Section 21, Township 46 South, Range 43 East, and the east
right-of-way line of the south bound road right-of-way for
U.S. Highway No. 1, (formerly State Road No. 5); thence in a
northeasterly direction along a curve to the left having a
radius of 2896.93 feet, an arc length of 335.25 feet to a
point on the north line of the south half (S½) of the north-
west one-quarter (NW%) of the northeast one-quarter (NE%) of
the southwest one-quarter (SW%) of Section 21; thence in an
easterly direction along the north line of the south one-
half (S½) of the northwest one-quarter (NW%) of the north-
east one-quarter (NE¼) of the southwest one-quarter (SW¼) of
Section 21 a distance of 210.84 feet to a point on the west
right-of-way line of the north bound right-of-way for U.S.
Highway No. 1; thence in a southerly direction with a curve
to the right, along the aforementioned right-of-way line,
with a radius of 1230.19 feet, an arc length of 361.07 feet
to a point; thence in a southeasterly direction along the
tangent of the aforementioned curve a distance of 3.22 feet
to a point on the south line of the south half (S½) of the
northwest one-quarter (NW%) of the northeast one-quarter
(NE¼) of the southwest one-quarter (SW%) of Section 21;
· thence in'a westerly direction along the sQuth line of the
south-one-half (~) of the northwes~ ohe'quart~r (NW~ of
the northeast one-quarter (NE%) of the southwest one-quarter
(SW%) of Section 21, a distance of 117.08 feet more or less
to the point of beginning.
Subject to easements and rights-of-way of recgrd.
The above-described parcel contains a 1.704 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.
- 2 - Ord. No. 61-81
Section 4. That the tract of land hereina~ve described is
here~ declared to be in Zoning District SC (Specialized Commercial)
District, as defined by existing ordinances of the City of Delray Beach,
Florida.
Section 5. That the land hereina~ve 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 ~ 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 pa~ of
this ordinance shall be declared illegal by a Court of competent jurisdic-
tion, such record of illegali~ shall in no way affect Se remaining
portion.
PASSED MD ~OPTED in regular session on second and final reading
on this the 22nd day of September , 1981.
MAYO RTM
LEON M. WEEKES
ATTEST:
City Clerk
First Reading August 25, 1981
Second Reading September 22, 1981
- 3 - Ord. No. 61-81
.... "'"-~'~'~ "T ' '" "-" "' ':
1~ --
100 N. W. 1ST AVENUE (305) 278-2841
DELRAYBEACH, FLORIDA 33444
October 2, 1981
Mr. Donald C. McGraw Jr.
3555 Polo Drive
Gulfstream, Florida 33444
RE: Ordinance 61-81: Annexing into the City -- a parcel of land
in Section 21-46-43, located south of SE 10th St. between
SE 5th Ave. & SE 6th Ave.
Dear Mr. McGraw:
This is to advise you that your above described property was annexed
to the City of Delray Beach by Ordinance No. 61-81, which was passed
and adopted on September 22, 1981, 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 position
to offer.
Very truly yours,
CITY OF DELRAY BEACH
El~abeth Arnau
CiLy Clerk
cc: Mr. B. Matteson
enclosure
de
EQUAL OPPORTUNITY EMPLOYER M/F