80-79 Open land with one home on
property.
ORDINANCE NO. 80-79
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 SECTION 13, TO~NSHIP 46 SOUTH,
RANGE 42 EAST AND SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43
EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING
THEREOF.
~tEREAS, Jonathon Chua and Aurora Chua, his wife, are the fee-
simple owners of the following described property hereinafter referred to
as Parcel C:
Parcel C: The North 409.60 feet of the Northeast Quarter
of Section 13, Township 46 South, Range 42 East, Palm Beach
County, Florida, less the West 1817.04 feet thereof, and
less the North 50 feet thereof for canal right-of-way.
Together with the West 377.24 feet of the North 409.38 feet
of Section 18, Township 46 South, Range 43 East, Palm Beach
County, Florida, less the North 40 feet thereof for canal
right-of-way; and,
~EREAS, Marland W. Duvall is the fee-simple owner of the follow-
ing described property hereinafter referred to as Parcel A and B:
Parcel A: The West 302.84 feet of the North 409.60 feet of
the Northeast quarter of Section 13, Township 46 South,
Range 42 East, Palm Beach County, Florida, less the North
50 feet thereof for Canal right-of-way and less the West 40
feet thereof for Road right-of-way.
Parcel B: The East 1514.20 feet of the West 1817.04 feet
of the North 409.60 feet of the Northeast Quarter of Sec-
tion 13, Township 46 South, Range 42 East, Palm Beach
County, Florida, less the North 50 feet thereof for Canal
right-of-way; and,
~EREAS, Jonathan Chua and Aurora Chua, his wife, owners in
regard to Parcel C, and. Marland W. Duvall, owner, in regard to Parcels A
and B, have requested by their petition to have the subject properties
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,
?~EREAS, 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 29-23 of the Zoning Code, which applies to
property already in the City limits shall not be applicable in annexation
proceedings; and,
¥~EREAS, 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 lands located in Palm Beach County, Florida, which lie conti-
guous to said City to-wit:
Parcel C: The North 409.60 feet of the Northeast Quarter
of Section 13, Township 46 South, Range 42 East, Palm Beach
County, Florida, less the West 1817.04 feet thereof, and
less the North 50 feet thereof for canal right-of-way.
Together with the West 377.24 feet of the North 409.38 feet
of Section 18, Township 46 South, Range 43 East, Palm Beach
County, Florida, less the North 40 feet thereof for canal
right-of-way; and,
Parcel A: The West 302.84 feet of the North 409.60 feet of
the Northeast quarter of Section 13, Township 46 South,
Range 42 East, Palm Beach County, Florida, less the North
50 feet thereof for Canal right-of-way and less the West 40
feet thereof for Road right-of-way.
'Parcel B: The East 1514.20 feet of the West 1817.04 feet
of the North 409.60 feet of the Northeast Quarter of Sec-
tion 13, Township 46 South, Range 42 East, Palm Beach
County, Florida, less the North 50 feet thereof for Canal
right-of-way.
The above described parcels contain 25 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
tracts of land and said lands are hereby declared to be within the cor-
porate 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 RM-6 (Multiple Family Dwelling)
District, as defined by existing ordinances of the City of Delray Beach,
Florida.
Section 4. That the lands hereinabove described shall immediate-
ly become subject to all of the franchises, privileges, immunities, debts,
obligations, liablilities, 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 ~f 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 second and final reading
On this the 14th day of January , 1980.
~ M A Y O R ~
ATTEST: LEON M..WEEKES
City Clerk
First Reading November 26, ~979
Second Reading January 14~, 1980
'
- 2 - Ord. No. 80-79
·
.............. ~ -~----~' 100 N. W. lST AVENUE (305) 278-2841
DELRAYBEACH, FLORIDA 33444
January 17, 1980
Miss Sally S. Benson
c/o Jones, Payne & Foster
P.O. Drawer E
West Palm Beach, Fl. 33402
Re: Land located in Section 13, Township 46 South,
Range' 42 East, and Section 18, Township 46 South,
Range 43 East.
Jonathan and Aurora Chua and Marland W. Duvall, Owners.
Dear Miss Benson:
This is to advise you that the above described property
was annexed to the City of Delray Beach by Ordinance No.
80-79 which was passed and adopted on January 14, 1980
and which will become effective immediately. Copy of
said Ordinance is enclosed herewith.
We are pleased to welcome your clients into.the City
of Delray Beach and believe that they 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
Elizabeth Arnau
City Clerk
csh
encl.