03-79 ORDINANCE NO. 3-79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO.
42-78 AND IN SUBSTITUTION ADOPT THIS ORDINANCE
ANNEXING TO THE CITY OF DELP~AY BEACH PARCELS OF
LAND LOCATED IN SECTION 25, TOWNSHIP 46 SOUTH,
RANGE 42 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PRO-
VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;
AND PROVIDING FOR THE ZONING THEREOF.
WHEREAS, Paul Weiner and Jeffrey M. Rosenberg, Partners, Pebb Enter-
prises, a Florida Partnership, are the fee simple owners of the property
hereinafter described; and,
WHEREAS, the fee simple owners have requested by their petition to
have the subject property annexed into the Municipal limits of the City of
Delray Beach; and,
WHEREAS, in conjunction with an annexation proceeding the City of
Delray Beach applies a City Zoning Classification to the subject property;
and,
WHEREAS, the designation of a zoning classification is part of the
annexation proceeding, the City Council has determined that the procedures
set forth in Section 29-23 of the Zoning Code, which applies to property
already in the City limits shall not be applicable in annexation proceed-
ings; and,
WHEREAS, the City of Delray Beach pursuant to Florida Statutes 171.062
has received permission from the Board of County Commissioners of Palm Beach
County to rezone the subject property to City Zoning Classification R-1AAA
(Single Family Dwelling) District; and,
WHEREAS, the City of Delray Beach has heretofore been authorized to
annex lands in accordance with Section 171.044 of the Florida Statutes; and,
WHEREAS, the purpose of this Ordinance is to correct the legal
description contained in Ordinance No. 42-78.as such description is correct-
ed herein,
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
tract of land located in Palm Beach County, Florida, which lies contiguous
to said City; to-wit:
Southwest Quarter of Northeast Quarter of Northeast
Quarter South of Germantown Road; Northwest Quarter
of Southeast Quarter of Northeast Quarter; Southwest
Quarter of Southeast Quarter of Northeast Quarter,
Section 25, Township 46 South, Range 42 East.
EXCEPTING a strip of land 40 feet in width lying on
each side of center line of any County Road and
rights of way of the Lake Worth Drainage District
as laid out on October 15, 1945, as in Deed Book
732, Page 377, Palm Beach County, Florida, Public
Records;
The above described parcel contains 28.11 acre
parcel of land.
Section 2. That the Boundaries of the City of Delray Beach, Florida,
are hereby redefined so as 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 the tract of land hereinabove described is hereby
declared to be in Zoning District R-1AAA, as defined by existing ordinances
of the City of Delray Beach, Florida.
Section 4. That the land hereinabove described ~hall 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 5. 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 the second and final reading
on the 12th day of February , 1979.
MAYOR
LEON M. WEEKES
ATTEST:
City Clerk
First Reading January..8, ~979
Second Reading February 12,. 1.979
- 2- Ord. No. 3-79
~ ,~, :---' ~00 N.W. }$? AVENUE 305/278-2841
DELRAY BEACH, FLORIDA 33444
J. ELDON MARIO~-T LEON M. WEEKES, MAYOR
CITY MANAGER ROBERT 0. CHAPIN, VICE-MAYOR
February 15, 1979 CHARLOTTE G. DURANTE, COUNCIL ','EMBER
JOHN E. GOMERY, JR., COUNCIL ME~¢BER
JAMES H. SCHEIFLEY, COUNCIL MEMBER
PEBB ENTERPRISES
1920 East Hallandale Beach Blvd.
Hallandale, Florida 33009
Re: Part of Section 25-46-42
Dear Sirs:
This is to advise you that the enclosed Ordinance
No. 3-79 was passed and adopted on February 12, 1979,
to correct the legal description contained in
Ordinance #42-78, which annexed your property into
the City.
Very truly yours,
CITY OF DELRAY BEACH
E1 ~abe th Arnau
City Clerk
CSH
Enc.