22-69 ORDINANCE NO. 22-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING
TO THE CITY OF DELRAY BEACH CERTAIN LANDS
LOCATED IN SECTION 28, 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, CHARLES A. MULLAN and THOMAS F. MULLAN, JR. are the
fee simple owners of the property hereinafter described, and
WHEREAS, CHARLES A. MULLAN and THOMAS F. MULLAN, JR., by
their petition, have consented and given permission for the
annexation of said property 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;
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 tract of land located in Palm Beach County, Florida,
which lies contiguous to said City, to-wit:
That portion of the following described property
lying East of the center line of State Road No. 140:
A part of Section 28, Township 46 South, Range 43
East, being all that part of the North three hun-
dred feet of the South sixteen hundred feet (meas-
ured at right angles to the East and West quarter
section line through said section) of that part of
said section which lies North of the East and West
quarter section line through said section and lies
East of the Easterly right-of-way line of the Intra-
coastal Waterway (Florida East Coast Canal) together
with all riparian rights and littoral rights there-
unto belonging or in anywise appertaining, and sub-
ject to a right-of-way throughout, running Northerly
and Southerly through said tract, as heretofore con-
veyed to the State of Florida for State Road No. 140,
the said East and West quarter section line through
said Section 28 is as established by Agreement between
Bessemer Properties Incorporated and Bassett W. Mitchell
and Mary Starr Mitchell, his wife, dated November 20,
1941, recorded in Deed Book 642, Page 474, of the Palm
Beach County, Florida Public Records. Being that prop-
erty described in Warranty Deed dated August 11, 1967,
executed by William H. Walker, Trustee and individually,
joined by his wife, Elenore Walker, to Charles A. Mullan
and Thomas F. Mullan, Jr., a Co-Partnership, d/b/a
"Delray Ocean Partnership"; said deed being recorded on
the 17th day of August, 1967 in Official Record Book
1571, Pages 538 and 539, Public Records of Palm Beach
County, Florida.
Page 2. ORDINANCE No. 22-69.
SECTION 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to include therein the a~ove
described tract of land and said land is hereby declared to be
within the corporate limits of the City of Delray Beach, Florida.
SECTION 3. That the tract of land hereinabove described is
hereby declared to be in Zoning District RM-1A, as defined by ex-
isting ordinances of the City of Delray Beach, Florida.
SECTION 4. That the land hereinabove described shall immedi-
ately become subject to all of the franchises, privileges, immuni-
ties, debts (except the existing bonded indebtedness), 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 26th day of May , 1969.
,!/ M A Y O R
ATTEST:
First Reading . ..May 12, 1969
Second Reading May 2.6, 1969