Ordinance No. 21-19ORDINANCE NO. 21-19
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING INTO THE CITY OF DELRAY
BEACH, ONE (1) PARCEL OF LAND LOCATED IMMEDIATELY WEST
OF SOUTH MILITARY TRAIL AND IMMEDIATELY SOUTH OF VIA
DELRAY BOULEY ARD, WITH THE SAME BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS HEREIN;
COMPRISING APPROXIMATELY 3.57± ACRES IN SIZE AND
SITUA TED CONTIGUOUS TO THE EXISTING MUNICIPAL LIMITS OF
THE CITY OF DELRAY BEACH; PROVIDING FOR INCLUSION OF THIS
ONE (1) PARCEL INTO THE CITY AND A REDEFINITION OF THE CITY
BOUNDARIES PURSUANT TO SUB-SECTION 171.044(2), FLORIDA
ST A TUTES; PROVIDING FOR CONFORMANCE WITH ALL
VOLUNTARY ANNEXATION PROCEDURES AS SET FORTH IN
SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR FILING
WITH PALM BEACH COUNTY AND THE DEPARTMENT OF STATE;
PROVIDING A CONFLICTS CLAUSE; AND A SEVERABILITY CLAUSE,
PROVIDING AN EFFECTIVE DA TE; AND FOR OTHER PURPOSES.
WHEREAS, 7-Eleven, Inc. is the fee simple owner of one (1) parcel of land which measures
approximately 3.57 acres± and is located immediately west of South Military Trail and immediately south
of Via Delray Boulevard; and
WHEREAS, 7-Eleven, Inc. has petitioned the City of Delray Beach to have the subject property
annexed into the municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the
City of Delray Beach, Florida; and
WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm
Beach County, Florida; and
WHEREAS, the City of Delray Beach may act upon such Voluntary Annexation request pursuant
to general law set forth at Section 171.044, Florida Statutes; and
WHEREAS, pursuant to LDR Section 2.2.2(E)(6)(c), the Planning and Zoning Board for the City
of Delray Beach, sitting as the Local Planning Agency, considered the subject matter at a public hearing
on July 15, 2019, and voted 5 to O to recommend that the annexation request be approved; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent
with the Comprehensive Plan and meets the criteria set forth in the Land Development Regulations.
NOW, THEREFORE , BE IT ORD AINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. The recitations set forth above are incorporated herein.
Section 2. The City Commission of the City of Delray Beach, Palm Beach County, Florida,
hereby ann exes into the City one (1) parcel of land located immediately west of South Military Trail and
immediately south of Via Delray Boulevard in Palm Beach County, Florida, which lies contiguous to said
City boundaries, more particularly described in Exhibit "A," attached hereto and incorporated herein.
Section 3. The boundaries of the City of Delray Beach, Florida, are hereby redefined to include
therein the above-described parcel ofland and said land is hereby declared to be within the corporate limits
of the City of Delray Beach, Florida.
Section 4. 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, including the Stormwater Management Assessment
levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons
residing thereon shall be deemed citizens of the City of Delray Beach, Florida.
Section 5. The City Clerk is hereby directed to provide for the filing of this ordinance with the
Clerk of the Circuit Court and the Chief Administrative Officer for Palm Beach County, Florida, along
with the Department of State, within seven (7) days after its adoption.
Section 6. All ordinances or parts thereof or parts of the Code conflicting or inconsistent with
the provisions of this ordinance are hereby repealed.
Section 7. If any word, clause, sentence, paragraph, section or part thereof contained in this
Ordinance is declared to be unconstitutional, unenforceable, void or inoperative by a court of competent
jurisdiction, such declaration shall not affect the validity of the remainder of this ordinance.
Section 8.
adoption.
The provisions of this Ordinance shall become effective immediately upon
PASSED AND ADOPTED in regular sessi
of a~-.to.k/¿ , 2019.
reading on this / 51 day
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ORDNO. 21-19
d legal sufficiency:
First Reading f /20 /¡ 'l
Second Reading /o /2 Ú '/
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ORDNO. 21-19
EXHIBIT A
A PARCEL OF LAND LYING IN SECTION 11, TOWNSHIP 46 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SECTION 11, THENCE WITH
A BEARING OF SOUTH 89°20'58" WEST, ALONG THE EAST-WEST QUARTER LINE
OF SECTION 11, A DISTANCE OF 60.00 FEET TO A POINT ON THE WEST RIGHT-
OF-W A Y LINE OF MILITARY TRAIL (S.R. 809) THENCE WITH A BEARING OF
SOUTH 01°19'42" EAST, ALONG THE WEST RIGHT-OF-WAY LINE OF MILITARY
TRAIL RIGHT-OF-WAY A DISTANCE OF 286.15 FEET TO A POINT ON THE SOUTH
RIGHTOF-WAY LINE OF VIA DELRAY, AS RECORDED IN O.R. BOOK 2226. PAGE
1210 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID
POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE
AFOREMENTIONED WEST RIGHT-OF-WAY LINE OF MILITARY TRAIL A
DIST ANCE OF 384.84 FEET; THENCE WITH A BEARING OF SOUTH 89º17' 12" WEST,
A DIST ANCE OF 384. 73 FEET; THENCE WITH A BEARING OF NORTH 0°39'02"
WEST, A DISTANCE OF 410.40 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY
LINE OF VIA DELRAY; THENCE WITH A BEARING OF NORTH 89°20'58" EAST,
ALONG THE SOUTH RIGHT-OF-WAY LINE OF VIA DELRAY, A DISTANCE OF
361.89 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 45°29'22" EAST,
A DISTANCE OF 35.46 FEET MORE OR LESS TO THE POINT OF BEGINNING.
LESS AND EXCEPTING THEREFROM THE LAND CONVEYED TO PALM BEACH
COUNTY DESCRIBED IN THAT CERT AIN STIPULA TED ORDER OF TAKING
RECORDED IN OFFICIAL RECORDS BOOK 5893, PAGE 1036 AND IN THAT
CERTAIN STIPULATED FINAL JUDGMENT RECORDED IN OFFICIAL RECORDS
BOOK 6633, PAGE 172, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
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ORD NO. 21-19