42-78 ORDINANCE NO. 42-78
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
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; PROVIDING 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 proceedings;
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 rezoned 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
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 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 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.
Section 5. That if any word, phrase, clause, sentence or part of
this ordinance shall be declared illegal by a Court of ~ompetent 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 14th day of August , 1978.
ATTEST:
City Clerk
First Reading July 10, 1978
Second Reading August 14, 1978
- 2 - Ord. No. 42-78
_--~-~~ ' 100 N.W. IST AVENUE 305/278-2841 DELRAY BEACH, FLORIDA 33444
Y. ELDON MARIOTT LEON M. WEEKES, MAYOR
CITY MANAGER ROBERT D. CHAPIN, VICE MAYOR
CHARLOYTE G. DtJRANTE, COUNCIL MEMBER
AARON ~. SANSON, IV, COUNCIL MEMBER
JAMES H. SCHEIFLEY, COUNCIL MEMBER
August 17, 1978
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 your above-described property
was annexed to the City of Delray Beach by Ordinance No.
42-78 which was passed and adopted on August 14, 1978 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
City Clerk
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Enclosure