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39-74 ORDINANCE NO. 39-74. 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 MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE. RIGHTS AND OBLIGATIONS OF SAID LANDS; AN~ PRO- VIDING FOR THE ZONING THEREOF. WHEREAS, WALTER HATCHER and JOYCE HATCHER, his wife, are the fee simple owners of the lands hereinafter described; and, WHEREAS, WALTER HATCHER and JOYCE HATCHER, his wife, by JOHN K. BRENNAN, duly authorized 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 density, too much commercially 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 overburdened 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 9.4526 acres to be brought into the City of Delray Beach in "SC Specialized Commercial District" zoning classification, 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 lands located in palm Beach County, Florida, which lie contiguous to said City, to-wit: A certain parcel of land in Section 29, Township 46 South, Range 43 East, Palm Beach County, Florida more particularly described as follows: BEGINNING at the Northwest Corner of Lot 1168, Tropic Palms, Plat No. 4, as same is recorded in Plat Book 25 at pages 140 and 141, Public Records of Palm Beach County, Florida, and from said POINT OF BEGINNING, run (for convenience, the bearings cited herein are in the meridian of Tropic Palms, Plat No. 4) by the following.numbered courses: 1. North 02o21'45'' West, along the East line of Lots 1170, 1171 and 1172 of said Tropic Palms, Plat No. 4, a distance of 234.19 feet, more or less, to a point in a line parallel with and 53 feet southerly from (as measured at right angles to) the North Line of the Northwest Quarter of said Section 29, thence ... 2. North 87°37'05'' East, running along the just described parallel line, a distance of 665.22 feet to a point lying Southerly of the Quarter Corner in the said North Line of Section 29, thence ... 3. North 89o53'50'' East, running along a line parallel with and 53 feet southerly from (as measured at right angles to) the North Line of the Northwest Quarter of said Section 29, a distance of 664.32 feet, omore or less, to a point in the Northerly extension of the center- line of Egret Circle of said Tropic Palms, Plat No. 4, said Egret Circle being also S.W. Sixth Avenue as shown on West E1 Be as same is recorded in Plat Book 15, page 22, of said Public Records, thence ... 4. South 02040'20'' East, running along the just described centerline of Egret Circle, a distance of 449.80 feet, more or less, to a point in the easterly extension of the North Line of Lots 1154 through 1163 of said Tropic Palms, Plat No. 4, thence ... 5. North 76o51'45'' West, running along the just described North Line of Lots 1154 through 1163, a distance of 842.32 feet, more or less, to the angle point in the North Line of said Lot 1163, thence ... 6. South 89o27'25'' West, running along the North Line of Lots 1163 through 1168 of said Tropic Palms, Plat No. 4, a distance of 520.04 feet,' more or less, to the POINT OF BEGINNING. Subject to rights-of-way, easements and/or reservations of record. Containing 9.4526 acres, more or less. SECTION 2. That the Boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include 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 kereinbefore described are hereby declared to be in Zoning District SC Specialized Commercial 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. -2- Ord. No. 39-74. 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 day of~ , 1974. MAYOR ATTEST: City Clerk First Reading August 26, 1974 Second Reading FAILED 9/23/74 -3- Ord. No. 39-74.