38-74 ORDINANCE NO. 38-74.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH CERTAIN LANDS LYING'IN
SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNI-
CIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LANDS; AND PROVIDING FOR THE ZONING
THEREOF.
WHEREAS, RICHARD L. SCHMIDT is the fee simple owner of the
lands hereinafter described; and,
WHEREAS, RICHARD L. SCHMIDT by JOHN K. BRENNAN, agent, has
petitioned and given permission for the annexation of said lands
by the City of Delray Beach; and,
WHEREAS, the City of Delray Beach has heretofore been author-
ized to annex lands in accordance with Section 185.1 of the City
Charter of said City granted to it by the State of Florida; and,
WHEREAS, the Planning and Zoning Board at a meeting held July
23, 1974, recommended denial of a proposed plan submitted by the
applicants, Boca Raton Yacht & Tennis Club, Inc., because of den-
sity, too much conmLercially zoned land, a burden on city utilities
and violation of the future land use plan; and,
WHEREAS, City Council at a workshop meeting held on August 5,
1974, at which the applicants and members of the Planning 'and Zoning
Board were present, reviewed the plan; and,
WHEREAS, the applicants consented to revision of their plan to
have the 59 acres remain zoned R-1AA and to have 10 acres annexed in
R-1AA zone; and,
WHEREAS, as a result, City Council found that density was not a
problem, that the city's utilities would not be over burdened and
that the plan as amended was consistent with the future land use plan;
and,
WHEREAS, the applicant as part of the plan has requested an
annexation of 10.11 acres to be brought into the City Of Delray Beach
in R-1AA zoning classification, -
NOW, THEREFORE, BE IT ORDAINED BY THE CITY cOUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLC~S:
SECTION 1. That the City Council of the City of Delray Beach,.
Palm Beach County, Florida, hereby annexes to said City the following
described lands located in Palm Beach County, Florida, which lie con-
tiguous to said City, to-wit:
The Northwest Quarter (NW¼) of the Northwest
Quarter (NW¼) of the Southwest Quarter (SW¼)
of Section 29, Township 46 South, Range 43
East, Palm Beach County, Florida.
CONTAINING 10.11 Acres by survey.
SECTION 2. That the Boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to {nclude therein the herein-
before described lands, and said lands are hereby declared to be
within the corporate limits of the City of Delray Beach, Florida.
SECTION 3. That the lands hereinbefore described are hereby
declared to be in Zoning District R-1AA Single Family Dwelling
District as defined by existing ordinances of the City of Delray
Beach, Florida.
SECTION 4. That the lands hereinbefore described shall imme-
diately become subject to all of the franchises, privileges, immuni-
ties, debts, obligations, liabilities, ordinances and laws which are
now, or may in the future, be applied to lands within the City of
Delray Beach, 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
jurisdiction, such record of illegality shall in no way affect the
remaining portion.
SECTION 6. This Ordinance shall become effective immediately
on passage.
PASSED AND ADOPTED in regular session on the second and final
reading on the 23rd day of September , 1974.
VICE MA YO~
ATTEST:
City Clerk
First Reading Auqust 26, 1974
Second Reading SepteMber.... 23, 1974