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57-78
ORDINANCE NO. 57-78 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNI- CIPAL 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, Rhodes B. Baker and Jessie H. Baker, his wife, 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 procedure~ 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 proceed- ings; 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 land located in Palm Beach County, Florida, which lies contiguous to said city; to-wit: Commencing at the intersection of the West right-of-way of the Seaboard Airline Railway with the East-West Quarter Section line of Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida, and run therefrom S 0© 27'17" E along said West right-of-way line 476.28 feet; thence run S 89© 13'16" W on a line parallel to said quarter section line 1747.62 feet to the Point of Beginning, thence continue with a bearing of S 89© 13' 16" W 281.97 feet to a point; thence run N 0° 27'17" W on a line parallel to said West right-of-way line 476.28 feet to a point on said quarter section line, thence run N 0© 57'54" W 910.00 feet to a point on the South right-of-way line of Germantown Road as now laid out and in use, thence run N 69° 08' 51" E along said South right-of-way line 300.00 feet, thence run S 0© 57'54" E 1013.27 feet to a point on the said quarter section line, thence run S 0© 27'17" E 476.28 feet more or less to the Point of Beginning. The above described parcel contains 9.31 acres and is located at the intersection of Germantown Road and SoW. 22nd Avenue. Section 2. That the Boundaries of the City of Delray Beach, Flori- da, 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 RM-10, 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 competent 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 ]]th day of September , 1978. ATTE S T: Asst. City Clerk First Reading Auqust 14, 1978 Second Reading .q~nbmmh~r 11 : 1978 - 2 - ORD. NO. 57-78 ~ =~--~___~w~ I00 N.W. IST AVENUE 305/278-2541 DELRA¥ BEACH, FLORIDA 33444 September 13, 1978 Mr. Rhodes B. Baker % Koch Realty 1000 E. Atlantic Avenue Delray Beach, Fla. 33444 Re: Part of Section 30-46-43 Dear Mr. & Mrs. Baker: This is to advise you that your above-described property was annexed to the City of Delray Beach by Ordinance No. 57-78 which was passed and adopted on September 11,1978 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 Susan H. Morrison Asst. City Clerk pah Enclosure