55-77 1003 N.E. 9th Avenue
Delray Beach, Florida
ORDINANCE NO. 55-77
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING
TO THE CITY OF DELRAY BEACH LOT 15, FIRST
ADDITION TO KENMONT, AS RECORDED IN PLAT
BOOK 22, PAGE 24, AND THE SOUTH SEVEN AND
ONE-HALF (7%) FEET OF THE ABANDONED ALLEY
RUNNING EAST AND WEST BETWEEN SAID LOT 15
AND LOT 22, BLOCK 2, KENMONT, AS RECORDED
IN PLAT BOOK 20, PAGE 65, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, 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 SUCH LAND;
AND PROVIDING FOR THE ZONING THEREOF.
WHEREAS, Edward J. Prouse and Thomas A. 'Prouse 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,
WBE~EAS, 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 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,
WHEREAS, the City of Delray Beach pursuan~ to Florida Statute
171.062 has received permission from the Board of County Commissioners of
Palm Beach County to rezone, the subject property to City Zoning
fication RM-15; 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:
Lot 15, FIRST ADDITION TO KENMONT, Palm Beach
County, Florida, according to the Plat thereof
recorded in the Office of the Clerk of the
Circuit Court in and for Palm Beach County,
Florida, in Plat Book 22, page 24, and the South
7% feet of the abandoned Alley running East and
West between said Lot 15 and Lot 22, Block 2,
KENMONT, a Subdivision of Palm Beach County,
Florida, as recorded in Plat Book 20, page 65
of the Public Records of Palm Beach Coun.ty,:Florida.
( (
The subject property is in Section 9-46-43,
and is located on the east side of N. E. 9th
Avenue between Witherspoon Lane and Bond Way.
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 RM-15, as define, d 'by' existing
ordinances of the City of Delray Beach, Florida.
Section 4. That the land hereinabove described shall immedi-
ately 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 W; That 'if any word, 'Phrase, Clause,
of this ordinance shall be declared illegal by a Court of competent juris-
diction, 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 22nd day of August _~_~ , 1977.
o ....
ATTEST:
Asst. City Clerk "
First Reading . July 25, 1977
Second Reading Auq~t 22. 1977