G-491(14-63) ORDINANCE NO. G-491.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING
A~ PLACING CERTAIN LANDS IN DELRAY
BEACH, IN "C-2 GENERAL COMMERCIAL DIS-
TRICT'', AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA 1960"; AND PLACING CER-
TAIN CONDITIONS ON SAID REZONING.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA:
SECTION 1. That the following described proDerty
in the City of Delray Beach, Florida, is hereby rezoned from
R-IAA to C-2 General Commercial District, as defined by Chap-
ter 29 of the Code of Ordinances of the City of Delr~y Beach,
Florida, to wit:
That part of the West one-half of Lot 19,
Section 8, Township 46 South, Range 43
East, lying SoUth of the existing right-of-
way of Lake Ida Road except the South 150
feet thereof, Delray Beach, Florida.
SECTION 2. That the Building Official of said City
shall upon the effective date of this Ordinance change the
"Zoning Map of Delray Beach, Florida 1960", to conform with
the provisions of Section 1 hereof.
SECTION 3. That the re-classification of the afore-
said ~roperty is subject to an agreement, dated the 21st day
of June, 1963, between the City of Delray Beach, Florida, an~
Lake Ida Development Corporation, which agreement shall be re-
corded in the Public Records of Palm Beach County, Florida°
PASSED in regular session on the second and final
reading on this the 22nd day of July, 1963.
First Reading . June
Second Reading Jul7 22~. 1963
AGRE:F_,MENT RESTRICTING THE USE OF THAT PART
OF THE WEST ONE-HALF OF LOT 19, SECTION 8,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING
SOUTH OF THE EXISTING RIGHT-OF-WAY OF LAKE
IDA ROAD EXCEPT THE SOUTH 150 FEET THEREOF,
DELRAY BEACH, FLORIDA.
This AGREEMENT made the ~/~day of June, 1963, by and
between the City of Delray Beach, Florida, hereinafter called
the "City" and LAKE IDA DEVELOPMENT CORPORATION, hereinafter
called the "Owner",
WITNESSETH:
WHEREAS, Lake Ida Development Corporation is the fee
simple owner of the hereinafter described real property,
situated, lying and being in the City of Delray Beach, Florida,
and
WHEREAS, the aforesaid property is presently zoned R-1AA
(Single Family Dwelling District), and the Owner has requested
that the zoning of said lands be changed to C-2 (General Com-
mercial District), subject to certain conditions and restric-
tions, hereinafter specifically set forth;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
HEREIN CONTAINED, IT IS HEREBY AGREED AS FOLLOWS:
1. The City agrees to change the zoning classification
of the following described real property from R-1AA to C-2, as
defined by Chapter 29 of the Code of Ordinances of the City of
Delray Beach, Florida, to wit:
That part of the West one-half of Lot 19,
Section 8, Township 46 South, Range 43 East,
lying South of the existing right-of-way of
Lake Ida Road except the South 150 feet
thereof, Delray Beach, Florida.
2. The Owner covenants for itself and its successors or
assigns that this re-classification is subject to the following
conditions and restrictions:
(a) That in the future development of any portion of
the aforesaid lands, no residences, duplexes or multiple family
dwelling units shall be erected thereon.
(~) That it is contemplated that some type of non-
residential commercial building will be erected on the subject
premises; however, the Owner agrees that any use plans as well
as construction plans must be first approved by the City before
the Owner shall be entitled to a building permit.
(c) That if no development is commenced by, on or
before September 1, 1965, upon the aforedescribed premises,
said parcel shall automatically revert to R-1AA zoning without
further action on the part of the City, and this agreement shall
then be null and void.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed
their hands and seals the day and year first above written.
CITY OF DELRA¥ BEACH
Re
LAKE IDA DEVELOPMENT CORPORATION
Signed, sealed and delivered /
in the~Dresence of :/ '~ ~~2~/~/ ~-) ~ //~./~,,
-~~ Hugh W. Vogl, Vice-P'reside~
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
On this day personally appeared before me HUGH W. VOGL, to
me well known to be the person who signed the foregoing Agreement
and affixed the seal of the Lake Ida Development Corporation, and
that he acknowledged before me that he had full authority to bind
said Corporation, and that he signed the same for the purposes
therein expressed.
Subscribed and sworn to
before me this ~/5~ day
of June, 1963.
Rl~,or~ff in OffiCial Eecord ~t~R
of Palnf Beach County, Florida
J. ALEX ARNETTE
CLERK OF CIRCUIT COUR~
DELRAY BEACH NEWS JOURNAL
Published Semi-Weekly
Delray Beach, Palm Beacl~ County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
who o~a oath says .that he/she xs .......... ,:.r.-~-?..z: ........ .~:~:.~ .................................... of The Delray
Beadl
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News-Journal, a semi-weekly newspaper published ~ ~I~lra~.Beach m Palm each. County, Florida;
tho , tta h .................
m the ~ ~ · Court, was published m smd newspa r"~
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Affiant further says that the said Delray Beach News-Journal is a newspaper published at
Beach, in said Palm Beach County, Florida, and that the sa~d newspaper has heretofore been
continuously published in said Palm Beach County, Florida, each week and has been entered
as second class marl matter at the post office in Delray Beach, in said Palm Beach Count~,
Florida, for a period of one year next preceding the first publication of the attached copy of ad-
vertisement; and affiant further says that he has neither ~l~i~d nor promised any person, firm or
corporation any discount, rebate, commission or refun~f~r the purpose~pf securing~this adver-
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Sworn to and subscribed before me this .....~. ....... _... day ~. ~ ........ ~ .~.....::~