29-72 ORDINANCE NO. 29-72.
· AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
CITY OF DELRAY BEACH CERTAIN LANDS LYING IN
Iv SECTION 7, 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; AND PROVIDING FOR THE ZONING THEREOF.
WHEREAS, ELWYN L. MIDDLETON, as Trustee, and MICHAEL SUSIK,
are the fee simple owners of the lands hereinafter described; and,
WHEREAS, MELVIN I. MUROFF, duly authorized Agent, in behalf
of Elwyn L. Middleton, as Trustee, and Michael Susik, 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
authorized 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 annexation of these lands hereinafter described
were considered by the Planning and Zoning Board at its meeting
held on August 8, 1972, with recommendations as follows:
Tract 1. That this 210.47 acres be annexed subject
to a 100 foot strip East along Davis Road as R-1AAB
zoning with the remainder of the property being
zoned RM-2, with the stipulation that the RM-2 zoned
property be rezoned to RM-15 upon establishment of
this new zoning district.
Tract 2. That this 1.85 acres be subject to C-3
zoning;
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 Section 7, Township 46
South, Range 43 East, Palm Beach County, Florida, which lie
contiguous to said City, to-wit:
Tract 1. All that portion of the East Half (E. 1/2)
of Section 7, Township 46 South, Range 43 East, lying
West of the westerly right-of-way of Congress Avenue
as laid out and now in use and North of the northerly
right-of-way of Lake Ida Road as shown on plat of
DELRAY SHORES, sheets 1 and 2, recorded in Plat Book 24,
pages 232 and 233, Public Records of Palm Beach County,
Florida; LESS the right-of-way of Lake Worth Drainage
District Lateral Canal No. 30. Containing 210.47 acres
more or less.
Tract 2. That portion of the Southeast Quarter (S.E. 1/4)
of Section 7, Township 46 South, Range 43 East, lying East
of the easterly right-of-way line of the Seaboard Air Line
Railway and North of the northerly right-of-way line
of the Lake Worth Drainage District Lateral Canal No.
32. LESS the easterly 15 feet thereof for the right-
Of-way of State Road No~ 9 as shown in Road Plat Book 2,
page 34, Public Records of Palm Beach County,
Florida.
Containing 1.85 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 above described tracts of land, 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 districts outlined as follows:
Tract 1 subject to a 100 foot strip East along Davis
Road being zoned R-1AAB with the remainder of the
property being zoned RM-2 as defined by existing
ordinances of the City of Delray Beach, Florida,
with the stipulation that the RM-2 zoned property
be rezoned to RM-15 upon establishment of this
new zoning district.
Tract 2 to be in Zoning District C-3 as defined by
existing ordinances of the City of Delray Beach,
Florida, with the stipulation that it be rezoned
LI upon establishment of this new zoning district.
Section 4. That the lands 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, 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.
~ PASSED and ADOPTED in regular session on the second and
final reading on the day of , 1972.
MAYOR
ATTEST:
City Clerk
First Reading August 28. 1972.
Second Reading October 9, 1972
Public Hearing September Lll, 1972. - 2 -
ORD. No. 29-72