35-70 ORDINANCE NO . 35-70 .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH CERTAIN LANDS LYING IN
THE NORTHWEST QUARTER OF SECTION 28, TOWNS~{IP
46 SOUTH, RANGE 43 EAST, ALSO THE SOUTH HALF
OF S. E. 12th STREET LYING EAST OF THE EAST
RIGHT-OF-WAY LINE OF DIXIE HIGHWAY, AND WEST
OF THE WEST RIGHT-OF-WAY LINE OF STATE ROAD
NO. 5 (U. S. HIGHWAY NO. 1), 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 PRO-
VIDING FOR THE ZONING THEREOF.
WHEREAS, SECOND NATIONAL BANK OF DELRAY BEACH, is the fee sim-
ple owner of the lands hereinafter first described, and
WHEREAS, FREDERICK J. TESCHKE, PRESIDENT OF THE SECOND NATIONAL
BANK OF DELRAY BEACH, by his petition has consented and given per-
mission for the annexation of said lands by the City of Delray
Beach 0 and
WHEREAS, the City of Delray Beach has heretofore been author-
ized to annex lands in accordance with Section 185.1 and Section 6A
(4) of the City Charter of said City granted to it by the State of
Florida; and
WHEREAS, the annexation of these lands, hereinafter first de-
scribed, in the C-2 General Commercial District has been recommend-
ed by the Planning and Zoning Board in action taken at its meeting
held on September 15, 19707
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 tracts of land located in Palm Beach County, Florida,
which lie contiguous to said City, to-wit:
A portion of Tract No. 2A, REVISED PLAT PORTIONS OF SEC-
TIONS 28-29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, according
to the plat thereof recorded in Plat Book 18, Page 53,
of the Public Records of Palm Beach County, Florida, more
particularly described as follows:
Commencing at the Northwest corner of said Section 28;
thence on an assumed bearing of South 2o47'25'' West a-
long the West line of said Section 28, a distance of
53.06 feet to a point on the South right-of-way line of
S. E. 12th Street; thence due East along said South
right-of-way line, a distance of 96.15 feet to the POINT
OF BEGINNING; thence continue due East along said South
right-of-way line, a distance of 386.10 feet to a point
of intersection with the West right-of-way line of State
Road No. 5 (U. S. No. 1); thence Southwesterly along said
West right-of-way line, being a curve to the left, having
a radius of 1179.28 feet, a central angle of 7°41'54", for
an arc distance of 159.65 feet; thence due West, a distance
of 315.38 feet; thence due North, a distance of 143 feet
to the POINT OF BEGINNING.
Page 2. Ordinance No. 35-70.
The South half of S. E. 12th Street lying East of the
East right-of-way line of Dixie Highway and West of
the West right-of-way line of State Road No. 5 (U.S.
Highway No. 1), more particularly described as the
North 53 feet of Sections 28 and 29, Township 46
South, Range 43 East, lying between the road rights-
of-way of State Road No. 5 and Dixie Highway.
SECTION 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to include therein the above de-
scribed 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 herein first above described are here-
by declared to be in Zoning District C-2 as defined by existing ordi-
nances of the City of Delray Beach, Florida.
SECTION 4. That the lands hereinabove described shall immediate-
ly 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 in regular session on the second and final reading on
the 12th day of October , 1970.
ATTEST:
City Clerk~
First Reading September 28, 1970
Second Reading October 12, 1970