19-79 ORDINANCE NO. 19-79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH
PARCELS OF LAND LOCATED IN SECTIONS 28 AND 29, 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 PROVID-
ING FOR THE ZONING THEREOF.
WHEREAS, Harold Diamond, President, Diamond & Associates, Inc.,
is the fee-simple owner of the property hereinafter described; and,
WHEREAS, Harold Diamond has requested by his 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 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 de-
scribed lands located in Palm Beach County, Florida, which lies contiguous
to said City; to-wit:
PARCEL NO. 1 - DESCRIPTION:
A portion of Tract No. 2A, Revised Plat Portions of Sec-
tion 28 and 29, Township 46 South, Range 43 East, according
to the plat thereof, recorded in Plat Book 18, Page 53 of
the public records Palm Beach County, Florida, more par-
ticularly described as follows:
Commencing at the Northwest corner of said Section 28;
thence on an assumed bearing of South 2o47' 25" East, along
the West line of said Section 28, a distance of 53.06 feet
to a point on the South right of way line of S.E. 12th Street;
thence due East along .said South right of way line, a distance
of 96.15 feet to a point; thence due South, a distance of
184.91 feet to the Point of Beginning; thence S89°59'51'' E,
a distance of 299.21 feet to an intersection with the West right
of way line of State Road No. 5 (U.S. No. 1); thence
Southwesterly, along West right of way line, being a curve
to the left having a radius of 1179.28 feet, a central angle
of 5°29'13,, for an arc distance of 112.93 feet to an inter-
section with the South line of said Tract 2-A; thence South
89059'54'' West, along the said South line of Tract 2-A, a
distance of 265.21 feet; thence due North, a distance of
107.67 feet to the Point of Beginning.
PARCEL NO. 2 - DESCRIPTION
Lot 3A of Revised Plat of Portions of Sections 28 and 29,
Township 46 South, Range 43 East, Palm Beach County, Florida,
according to the Plat thereof recorded in the office of the
Clerk of the circuit Court in and for Palm Beach County,
Florida, in Plat Book 18, page 53.
PARCEL NO. 3 - DESCRIPTION
Ail of Tract 4A of a Revised Plat of portions of Section 28 and
29, Township 46 South, Range 43 East, according to plat thereof
on file in Plat Book 18, page 53, Public Records of Palm Beach
County, Florida, and less the south 80 feet of the East 149.62
feet thereof and all that part of the South half (S 1/2) of the
South half (S 1/2) of Lot 3 of the Subdivision of Section 29,
Township 46 South, Range 43 East, according to the plat of said
subdivision on file in Plat Book 1, page 4, of the Public Records
in Palm Beach County, Florida, which lies East of the right-of-
way of the Florida East Coast Railway Company.
PARCEL NO. 4 - DESCRIPTION
All that part of the North half (N 1/2) of the South half (S 1/2)
of Lot Three (3) of the Subdivision of Section 29, Township 46
South, Range 43 East, according to the Plat thereof
on file in the office of the Clerk of the Circuit Court in and
for Palm Beach County, Florida, in Plat Book 1, page 4, which
lies East of the Right-of-way of the Florida East Cost Railway
Company.
The above described parcels contain five (5) acres more or less.
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 tracts of land hereinabove described are
hereby declared to be in Zoning District SC (Specialized Commercial) Dis-
trict, as defined by existing ordinances of the City of Delray Beach,
Florida.
Section 4. That the lands 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.
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Section 5. That if any word, phrase, clause, sentence or part of
this ordinance shall be declared illegal by a Court of competent jurisdiction~
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 2$rd day of April , 1979.
MAY-OR~
LEON M. WEEKES
ATTEST:
- ,/ City Clerk
First Reading March 26, 1979
Second Reading April 23~ 1979
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