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40-74 9/23/74 ORDxN CE NO. 40-74. 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 LIM- ITS 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, JOHN K. BRENNAN is the fee simple owner of the lands hereinafter described; and, WHEREAS, JOHN K. BRENNAN 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 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 2.0650 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 follow- ing described lands located in Palm Beach County, Florida, which lie contiguous to said City, to-wit: A certain parcel of land lying in the Northwest Quarter of Sec- tion 29, Township 46 South, Range 43 East, Palm Beach County, Florida, lying Northerly and Westerly of Germantown Road, as said road is shown on TROPIC PALMS PLAT NO's 3 AND 4, as said Plats are recorded in Plat Book 25, Page 137 through 139 and Plat Book 25, Pages 140 and 141, respectively, Public Records of Palm Beach County, Florida, and lying Easterly of the Easterly Right-of-Way line of the Canal Relocation Right-of-Way as shown on Sheet 18, Section 93220-2411, State of Florida Department of Transportation Right-of-Way Map of State Road No. 1-95, said parcel of land b.eing more particularly described as fo 1 lows: BEGINNING at the intersection of the limited access Right-of- Way lying on the Southerly side of the Right-of-Way of Southwest 12th Street and the Easterly Right-of-Way line of the Canal Reloca- tion Right-of-Way as shown on the above described Right-of-Way Map and from said POINT OF BEGINNING, run, (bearings hereinafter cited are in the meridian of said Tropic Palms Plats) by the following numbered courses: 1. North 88o-37'-57'' East, running along the said Limited Access Right-of-Way Line, a distance of 95.38 feet; thence ... 2. South 01°-52'-04'' West, continuing along the said Limited Access Right-of-Way Line, a distance of 119.95 feet, more or less, to a point in a line 20.00 feet westerly from (as measured at right angles to) and parallel with the centerline of Germantown Road as shown on said TROPIC PALMS PLAT NO. 4; thence ... 3. South 22°-51'-05'' West running along said parallel line, hereinabove described, a distance of 334.77 feet, more or less, to a point in a line 20.00 feet northerly from (as measured at right angles to) and parallel with the centerline of said Germantown Road as shown on said TROPIC PALMS PLAT NO. 3; thence ... 4. South 68°-53'-11" West, running along said parallel line, hereinabove described, a distance of 218.12 feet, more or less, to a point in the Easterly Right-of-Way line of the Canal Relocation Right-of-Way; thence ... 5. North 9o-48 '-15" East, running along said Canal Relocation Right-of-Way Line, a distance of 138.78 feet; thence ... 6. North 14°-55'-20'' East, continuing along said Canal Relocations Right-of-Way Line, a distance of 173.09 feet; thence ... 7. North 40o-54'-08'' East, continuing along said Canal Relocation Right-of-Way Line, a distance of 265.49 feet, more or less, to the POINT OF BEGINNING. CONTAINING 2.0650 Acres, more or less. SUBJECT TO Rights-of-Way, easements and/or reservations of record, if any. 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. -2- Ord. No. 40-74. SECTION 3. That the lands hereinbefore described are hereby declared to be in Zoning District SC Specialized Commercial Dis- trict 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 compe- tent 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 -3- Ord. No. 40-74.