Ordinance No. 44-19ORD INANCE NO. 44-19
AN ORD INANCE OF THE CITY COMMI SSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING INTO THE CITY OF DELRAY
BEACH THREE (3) PARCELS OF LAND LOCA TED ON THE EAST SIDE
OF BARWICK ROAD IMMEDIATELY SOUTH OF LAKE WORTH
DRAINAGE DISTRICT L-30 CANAL, FOR A PROJECT TO BE KNOWN
AS BANY AN COURT, WITH THE SAME BEING MORE
PARTICUL ARLY DESCRIBED BY METES AND BOUND S HERE IN,
COMPRISING APPROXIMA TEL Y 6.68± ACRES IN SIZE AND
SITUATED CONT IGUOUS TO THE EXISTING MUNI CIPAL LIMITS OF
THE CITY OF DELRAY BEACH; PROVIDING FOR INCLUSION OF
THESE THREE (3) PARCELS INTO THE CITY AND A REDEFINITION
OF THE CITY BOUN DARIES PURSUANT TO SUB-SECTION 171.044(2),
FLORIDA ST A TUTES; PROVIDING FOR CONF ORMA NCE WITH ALL
VOLUNTARY ANNE XATION 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 SEVERA BILITY CLAUSE,
PROVIDING AN EFFECTIVE DA TE; AND FOR OTHER PURPOSES.
WHEREAS, Andrew V. Podray is the fee simple owner of three (3) parcels ofland which measure
approximately 6.68 acres ± and are located on the east side of Barwick Road immediately south of the
Lake Worth Drainage District L-30 Canal; and
WHEREAS, Andrew V. Podray has petitioned the City of Delray Beach to have the subject
property annexed into the municipal limits of the City of Delray Beach; and
WHERE AS, the subject property hereinafter described is contiguous to the corporate limits of the
City of Delray Beach, Florida; and
WHERE AS, 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 Plann ing and Zoning Board, sitting as the
Local Planning Agency, held a public hearing and considered the subject matter at its meeting of October
15, 2018, and voted 6 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, meets the criteria set forth in the Land Development Regulations, and has
been adopted pursuant to all procedures set forth in the Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY 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
annexes into the City three (3) parcels ofland located immediately east of Barwick Road and immediately
south of the Lake Worth Drainage District L-30 Canal in Palm Beach County, Florida, which lies
contiguous to said City boundaries, more particularly described in Exhibit "A" and portrayed on the map
in Exhibit "B," 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 three (3) parcels of land 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. The provisions of this Ordinance shall become effective immediately upon adoption.
\ PASS ED AND ADOPTED in regular session on second and final reading on this iJ ,a;! day of
C>< () X::üJ à'.C(f ' 2Q)&.
2 ORD NO. 44-19
A~~
Katerri Johnson-City Clerk
legal sufficiency:
First Reading ll/rq/,ß.
Second Reading -J.-1.¡f_._âµ.1 _,_,/~ .... ;'----
3 ORD NO. 44-19
EXHIBIT A
Parcel I
The North 549.75 feet of the West one-quarter (Wl/4) of the Northwest one-quarter (NW 1/4) of the
Northeast one-quarter (NE 1/4) of Section 12, Township 46 South, Range 42 East, Palm Beach County
Florida, less the West 40.00 feet of road right-of-way recorded in O.R. Book 52, Page 576, more particularly
described as follows: The West 40 feet of the Northwest One-Quarter (NW 1/4) of the Northeast one-quarter
(NE 1/4) of Section 12, Township 46 South, Range 42 East, less and except the Lake Worth Drainage District
Canal L-30.
PARCEL II AND III
The North 521.00 feet of the South 771.00 feet of the West one-quarter (Wl/4) of the Northwest one quarter
(NW 1/4) of the Northeast one-quarter (NE 1/4) of Section 12, Township 46 South, Range 42 East, Palm
Beach County Florida, less the West 40.00 feet for road right-of-way, more particularly described as follows:
Commencing at the Southwest corner of the Northwest one quarter (NW 1/4) of the Northeast one-quarter
(NE 1/4) of Section 12, Township 46 South, Range 42 East; thence run N00º00'00"E, along the West line of
said Northwest one-quarter (NW¼) of the Northeast one-quarter (NE¼), a distance of250.13 feet to a point
on said West line, also being the center line of Barwick Road, (80 Foot Right-Of-Way); thence Run
S88º 10'24"E a distance of 40.00 feet to a point on the East right-of-way line of Barwick Road and the point
of beginning; thence continue along the last described course, a distance of 295.82 feet to a point on the East
line of the West one-quarter (W 1/4) of the Northwest one quarter (NW 1/4) of the Northeast one-quarter
(NE 1/4) of said Section 12; thence run N00º04'35"E, along said East line, a distance of 521.24 feet to a
point; thence run N88º 10'25"W a distance of 296.52 feet to a point on the East right-of-way line of Barwick
Road; thence run S00º00'00"W, along said East right-of-way line, a distance of 521.26 feet to the point of
beginning. Containing 290,906.54 square feet, or 6.678 acres.
The subject property is located on the east side of Barwick Road and immediately south of Lake Worth
Drainage District L-30 canal.
4 ORD NO. 44-19
EXHIBIT B: ANNEXATION AREA
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5 ORD NO. 44-19