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