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35-72 ORDINANCE NO. 35-72. 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 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID REDEFINING THE BOUNDARIES OF SAID CITY TO CITY; 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 de~ scribed; 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; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA,'as follows: Section 1o 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: 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 Dis- trict Lateral Canal No. 30, containing 210.47 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 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 subject to RM-2 zoning, with the exception of a 125-foot strip East along Davis Road being subject to R-1AAA zoning, 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 and that the R-1AAA zoned property remain in that zoning classification. -1- Section 4. That the lands hereinbefore 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 portico. PASSED in regular session on the second and final reading on the 13th day of November , 1972. MAY~RI ATTEST: City Cle~ First Reading. October 9, 1972. Second Reading November 13, 1972. Public Hearing October 24, 1972. -2- Ord. No. 35-72