76-95 £1T¥ OF DELRI:I¥ BER£H
DELRAY BEACH
~ CITY CLERK .w. ,st ^vE,u~ · ~R^~ B~^o~.. FLoR,o^ ~. ~o~;~-~ooo
AII-AmeficaCi~
]993 0~] ~0~ P~ ~7
I II l Iilltll I I III I III III
CERTIFICATION
I, ALISON MacGREGOR HARTY, City Clerk of the City
of Delray Beach, Florida, do hereby certify that the attached is
a true and correct copy of Ordinance No. 76-95, annexin~ certain
property to the City of Delray Beach, as the same was passed and
adopted on second and final readin~ by the City Commission of the
City of Delray Beach, Florida, in regular session on December 5,
1995.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
18th day of December, 1995.
Alison Mac~r~o-r F~_arty-
City Clerk
City of Delray Beach
THE EFFORT ALWAYS MATTERS
Pr~nted on Recycled Paper
ORDINANCE NO. 76-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A 27.76 ACRE PARCEL OF LAND KNOWN AS THE
HARDRIVES PROPERTY, LOCATED APPROXIMATELY 1,000 FEET
SOUTH OF LINTON BOULEVARD ON THE EAST AND WEST SIDES
OF CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, George T. Elmore, as Trustee,is the fee-simple
owner of a parcel of land as more particularly described herein; and
WHEREAS, Jeff Lis, as the duly authorized agent for the
fee-simple owner hereinabove named, has requested by petition to have
the subject pr~erty annexed into the municipal limits of the City of
Detray Beach;
WHEREAS, the subject property hereinafter described
contiguous to the corporate limits of the City of De!ray Beack,
Florida; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
A parcel of land lying in Section 30, Township 46
South, Range 43 East, Palm Beach County, Florida,
more particularly described as follows:
Beginning at the point of intersection of the Sou~h
line of the Plat of the Terraces at Centre Delray, as
recorded in Plat Book 45, Page 49, Public Records of
Palm Beach County, Florida, with the Wes~
right-of-way line of Congress Avenue (a 120 foot
right-of-way as shown on said plat); thence South 00
degrees 26'23" East along said right-of-way line of
Congress Avenue (the west right-of-way line of
Congress Avenue is assumed to bear South 00 degrees
26'23" East and all other bearings stated herein are
relative thereto) a distance of 1033.56 feet; thence
South 89 degrees 03'43" West along the North line and
the Easterly extension thereof, of the Plat of Sabal
Pine Phase 2, as recorded in Plat Book 39, Page 189,
Public Records of Palm Beach County, Florida, a
distance of 1234.38 feet to the southeast corner of
the Plat of the Environment, I, as recorded in Plat
Book 43, Page 141, Public Records of Palm Beach
County, Florida; thence North 00 degrees 24'16" West
along the East line of said Plat a distance of 31.76
feet to the South corner of the Plat of Lakeside at
Centre Delray, as recorded in Plat Book 50, Page 195,
Public Records of Palm Beach County, Florida; thence
North 50 degrees 11'51" East along the southeasterly
line of said Plat of Lakeside at Centre Delray and
the Terraces at Centre Delray a distance of 430.40
feet; thence North 01 degree 09'15" West along the
East line of said Plat of the Terraces at Centre
Delray a distance of 174.79 feet; thence North 89
degrees 02'27" East along the South line of said plat
a distance of 217.66 feet; thence North 50 degrees
11'51" East along the southeasterly line of said plat
a distance of 887.39 feet to the Point of Beginning.
Containing 15.529 acres, more or less.
TOGETHER WITH:
A parcel of land lying in Section 30, Township 46
South, Range 43 East, Palm Beach County, Florida,
being more particularly described as follows:
Beginning at the intersection of the West
right-of-way line of Seaboard Airline Railroad with
the East-West Quarter Section line of said Section
30, thence South 00 degrees 27'17" East, along the
West right-of-way line of said Seaboard Airline
Railroad, a distance of 476.28 feet; thence South 89
degrees 13'16" West, a distance of 393.01 feet to the
intersection thereof with the East right-of-way line
of Congress Avenue (a 120.00 foot road right-of-way,
as laid out and now in use); thence North 00 degrees
27'17" West, along the East right-of-way line of said
- 2 - Ord. No. 76-95
Congress Avenue, a distance of 476.28 feet to the
intersection thereof with the East-West Quarter
Section line of said Section 30; thence, continuing
North 00 degrees 27'17" West, continuing along the
East right-of-way line of said Congress Avenue, a
distance of 652.64 feet to the intersection thereof
with the Southerly boundary of the Lake Worth
Drainage District; thence, continuing North 00
degrees 27'17' West, along the East right-of-way line
of said Congress Avenue, a distance of 127.28 feet;
thence North 89 degrees 45'39" East, departing the
East right-of-way line of said Congress Avenue,
continuing along the southerly boundary of said Lake
Worth Drainage District, a distance of 155.73 feet;
thence North 50 degrees 24'56" East, continuing along
the southerly boundary of said Lake Worth Drainage
District, a distance of 101.84 feet; thence North 55
degrees 41'41" East, continuing along the southerly
boundary of said Lake Worth Drainage District, a
distance of 78.62 feet; thence North 0! degree 19'34"
West, departing the boundary of said Lake Worth
Drainage District, a distance of 229.44 feet; thence
Nor%h 82 degrees 25'43" East, a distance of 95.00
feet to the intersection thereof with the West
right-of-way line of said Seaboard Airline Railroad;
thence South 00 degrees 27'17" East, along the West
right-of-way line of said Seaboard Airline Railroad,
a distance of 1122.28 feet to the Point of Beginning.
Containing 12.23 acres, more or less.
The subject property is located approximately 1,000
feet south of Linton Boulevard on the east and west
sides of Congress Avenue; containing 27.76 acres,
more or less.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
parcels and said land is hereby declared to be within the corporate
limits of the City of Delray Beach, Florida.
Sec~Qn. 3. That the land hereinabove 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 subjected,
including the Stormwater Management Assessment levied by the City
pursuant to its ordinances and as required by Florida Statutes Chapter
197, and persons residing thereon shall be deemed citizens of the City
of Delray Beach, Florida.
- 3 - Ord. No. 76-95
Section 4, That this annexation of the subject property,
including adjacent roads, alleys, or the like, if any, shall not be
deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically
initiated by the City pursuant to current requirements and conditions.
Section 5. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 6. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 7. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 5th day of December 1995.
MAY,~
ATTEST:
'City-C~rk
First Reading November 21f. 1995
Second Reading December 5, 1995
- 4 - Ord. No. 76-95
LINTON
BOULEVARD
N AL
CANAL
ANNEXATION AGREEMENT ATTACHMENT
HARDRIVES ANNEXATION BRIEF
Property_ Control numbers: 00-43-46-30-00-000-1010
00-43-46-30-00-000-1060
Acreaae: 27.76 acres
Taxable Value: $4,232,673.00
Current Use of the Property_: Existing Hardrives Paving Company
including a concrete manufacturing facility,
an office structure, communication towers,
parking and landscaping.
County_ Street Address: 2350 S Congress Avenue
City_ Land Use designatiQns: Transitional (west side of Congress Ave.)
Industrial (east side of Congress Avenue)
County_ Land Use designation: Industrial
City_ Zorlirlg Designation: POC - Planned Office Center(west side of
Congress) and I - Industrial (east side of
Congress)
County_ Zoning Designation: CliO (Commercial High Office) and AR
(Agricultural Residential) west side of
Congress and IL (Light Industrial) east side
of Congress Avenue.
Legal Description: See Attached legal
LINTON
NAL BOULEVARD
CANAL
N
~ ANNEXATION
~ ~PA~TId~N T
A parcel of land lying in Section 30, Township 46
South, Range 43 East, Palm Beach County, Florida,
more particularly described as follows: 0~ 9053 ~ 665
B~gihniiig at~he.~oint of intersection of the South
line of the Plat of the Terraces at Centre Delray, as
recorded in Plat Book 45, Page 49, Public Records of
Palm Beach County, Florida, with the West el
right-of-way line of Congress Avenue (a 120 foot
right-of-way as shown on said plat); thence South O0
degrees 26'23" East along said right-of-way line of '
CongreSs Avenue (the west right-of-way line of
Congress Avenue is assumed to bear South O0 degrees
26'23" East and all other bearings stated herein are
relative thereto) a distance of 1033.56 feet; thence
South 89 degrees 03'43" West along the North line and ·
the Easterly extension thereof, of the Plat of Sabal
Pine Phase 2, as recorded in Plat Book 39, Page 189,
Public Records of Palm Beach County, Florida, a
distance of 1234.38 feet to the southeast corner of
the Plat of the Environment, I, as recorded in Plat
Book 43, Page 141, Public Records of Palm Beach
County, Florida; thence North 00 degrees 24'16" West
along the East line of said Plat a distance of 31.76
feet to the South corner of the Plat of Lakeside 'at ~-
Centre Delray, as recorded in Plat Book 50, Page 195,
Public Records of Palm Beach County, Florida; thence
North 50 degrees 11'51" East along the southeasterly
line of said Plat of Lakeside at Centre Delray and
the Terraces at Centre Delray a distance of 430.40
feet; thence North 0! degree 09'!5" West along the ~'~
East line of said Plat of the Terraces at Centre ·
Delray a distance of 174.79 feet; thence North 89
degrees 02'27" East along the South line of said plat .-
a distance of 217.66 feet; thence North 50 degrees
!1'51" 'East along the southeasterly line of said plat
a distance of 887.39 feet to the Point of Beginning.
Containing 15.529 acres, more or less.
TOGETHER WITH:
A parcel of land lying in Section 30, Township 46
SOuth, Range 43 East, Palm Beach County, Florida,
being more particularly described as follows:
Beginning at the intersection of the West
right-of-way line of Seaboard Airline Railroad with
the East-West Quarter Section line of said Section
30, thence South 00 degrees 27'17" East, along the
West right-of-way line of said Seaboard Airline
Railroad, a.distance of 476.28 feet; thence South 89
degrees 13'16" West, a distance of 393.01 feet to the
intersection thereof with the East right-of-way line
of Congress Avenue (a 120.00 foot road right-of-way,
as laid out and now in use); thence North O0 degrees
27'17" West, along the East right-of-way line of said
- 2 - Ord. No. 76-95
;
Congress Avenue, a distance of 476.28 feet to the
intersection thereof with the Bast-West Quarter
Section line of said Section 30; thence, continuing ..
North 00 degrees 27'17" West, continuing along the :.
Bast right-of-way line of said Congress Avenue, a -
distance of 652.64 feet to the ~nterseotion thereof
with the Southerly boundary of the Lake Worth
Drainage District; thence, continuing North 00 :..
degrees 27'17" West, along the Bast right-of-way line
of said Congress Avenue, a distance of $27.28 feet;
thence North 89 degrees 45'39" Bast, departing the ~.
Bast right-of-way line of said Congress Avenue, -.
continuing along the southerly boundary of said Lake '
Worth Drainage DiStrict, a distance of 155.73 feet; ':'-'
thence North 50 degrees 24'56" Bast, continuing along ...
the southerly boundary of said Lake Worth Drainage
District, a distance of 101.84'f~et; thence North 58
degrees 41'41" East, continuing along the southerly -.
boundary of said Lake Worth Drainage District, a
distance of 78.62 feet; thence North 01 degree 19'34"
West, departing the boundary of said Lake Worth
Drainage District, a distance of 229.44 feet; thence ·
North 82 degrees 25'43" Bast, a distance of 95.00
feet to the intersection thereof with the West
right-of-way line of said Seaboard Airline Railroad;
thence South 00 degrees 27'17" Bast, along the West
right-of-way line of said Seaboard Airline Railroad,
a distance of 1122.28 feet to the Point of Beginning.
Containing 12.23 acres, more or less.
The subject property is located approximately. 1,000
feet south of Linton Boulevard on the east and west
sides of Congress Avenue; containing 27.76 acres,
more or less. ·
ORDINANCE NO. 76-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA¥
BEACH, A 27.76 ACRE PARCEL OF LAND KNOWN AS THE
HARDRIVES PROPERTY, LOCATED APPROXIMATELY 1,000 FEET
SOUTH OF LINTON BOULEVARD ON THE EAST AND WEST SIDES
OF CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, George T. Elmore, as Trustee,is the fee-simple
owner of a parcel of land as more particularly described herein; and
WHEREAS, Jeff Lis, as the duly authorized agent for the
fee-simple owner hereinabove named, has requested by petition to have
the subject property annexed into the municipal limits of the City of
Delray Beach; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach,
Florida; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
A parcel of land lying in Section 30, Township 46
South, Range 43 East, Palm Beach County, Florida,
more particularly described as follows:
Beginning at the point of intersection of the South
line of the Plat of the Terraces at Centre Delray, as
recorded in Plat Book 45, Page 49, Public Records of
Palm Beach County, Florida, with the West
right-of-way line of Congress Avenue (a 120 foot
right-of-way as shown on said plat); thence South 00
degrees 26'23" East along said right-of-way line of
Congress Avenue (the west right-of-way line of
Congress Avenue is assumed to bear South 00 degrees
26'23" East and all other bearings stated herein are
relative thereto) a distance of 1033.56 feet; thence
South 89 degrees 03'43" West along the North line and
the Easterly extension thereof, of the Plat of Sabal
Pine Phase 2, as recorded in Plat Book 39, Page 189,
Public Records of Palm Beach County, Florida, a
distance of 1234.38 feet to the southeast corner of
the Plat of the Environment, I, as recorded in Plat
Book 43, Page 141, Public Records of Palm Beach
County, Florida; thence North 00 degrees 24'16" West
along the East line of said Plat a distance of 31.76
feet to the South corner of the Plat of Lakeside at
Centre Delray, as recorded in Plat Book 50, Page 195,
Public Records of Palm Beach County, Florida; thence
North 50 degrees 11'51" East along the southeasterly
line of said Plat of Lakeside at Centre Delray and
the Terraces at Centre Delray a distance of 430.40
feet; thence North 01 degree 09'15" West along the
East line of said Plat of the Terraces at Centre
Delray a distance of 174.79 feet; thence North 89
degrees 02'27" East along the South line of said plat
a distance of 217.66 feet; thence North 50 degrees
11'51" East along the southeasterly line of said plat
a distance of 887.39 feet to the Point of Beginning.
Containing 15.529 acres, more or less.
TOGETHER WITH:
A parcel of land lying in Section 30, Township 46
South, Range 43 East, Palm Beach County, Florida,
being m~re particularly described as follows:
Beginning at the intersection of the West
right-of-way line of Seaboard Airline Railroad with
the East-West Quarter Section line of said Section
30, thence South 00 degrees 27'17" East, along the
West right-of-way line of said Seaboard Airline
Railroad, a distance of 476.28 feet; thence South 89
degrees 13'16" West, a distance of 393.01 feet to the
intersection thereof with the East right-of-way line
of Congress Avenue (a 120.00 foot road right-of-way,
as laid out and now in use); thence North 00 degrees
27'17" West, along the East right-of-way line of said
- 2 - Ord. No. 76-95
Congress Avenue, a distance of 476.28 feet to the
intersection thereof with the East-West Quarter
Section line of said Section 30; thence, continuing
North 00 degrees 27'17" West, continuing along the
East right-of-way line of said Congress Avenue, a
distance of 652.64 feet to the intersection thereof
with the Southerly boundary of the Lake Worth
Drainage District; thence, continuing North 00
degrees 27'17" West, along the East right-of-way line
of said Congress Avenue, a distance of 127.28 feet;
thence North 89 degrees 45'39" East, departing the
East right-of-way line of said Congress Avenue,
continuing along the southerly boundary of said Lake
Worth Drainage District, a distance of 155.73 feet;
thence North 50 degrees 24'56" East, continuing along
the southerly boundary of said Lake Worth Drainage
District, a distance of 101.84 feet; thence North 58
degrees 41'41" East, continuing along the southerly
boundary of said Lake Worth Drainage District, a
distance of 78.62 feet; thence North 0! degree 19'34"
West, departing the boundary of said Lake Worth
Drainage District, a distance of 229.44 feet; thence
North 82 degrees 25'43" East, a distance of 95.00
feet to the intersection thereof with the West
right-of-way line of said Seaboard Airline Railroad;
thence South 00 degrees 27'17" East, along the West
right-of-way line of said Seaboard Airline Railroad,
a distance of 1122.28 feet to the Point of Beginning.
Containing 12.23 acres, more or less.
The subject property is located approximately 1,000
feet south of Linton Boulevard on the east and west
sides of Congress Avenue; containing 27.76 acres,
more or less.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
parcels and said land is hereby declared to be within the corporate
limits of the City of Delray Beach, Florida.
Section 3. That the land hereinabove 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 subjected,
including the Stormwater Management Assessment levied by the City
pursuant to its ordinances and as required by Florida Statutes Chapter
197, and persons residing thereon shall be deemed citizens of the City
of Delray Beach, Florida.
- 3 - Ord. No. 76-95
~_~&E~.gD--4_~ That this annexation of the subject property,
including adjacent roads, alleys, or the like, if any, shall not be
deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically
initiated by the City pursuant to current requirements and conditions.
~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 7. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 5th day of December ., 1995.
ATTEST:
City-Cl~rk '
First Reading November 21, 1995
Second Reading December 5, 1995
- 4 - Ord. No. 76-95
TON I (~
EIOUL£VARD
NAL
CANAL
N
~ ANNEXATION AGREEMENT ATTACHMENT
OTY ~I~ Di~J. RAY BEA~. ~
FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
Bureau of Administrative Code
The Elliot Building
401 South Monroe Street
Tallahassee, Florida 32399-0250
(904) 488-8427
December 22, 1995
Ms. Alison MacGregor Harry
City Clerk
City of Delray Beach
100 Northwest 1st Avenue
Delray Beach, Florida 33444
Dear Ms. Harty:
This will acknowledge your letter of December 18, 1995 and
certified copy of Ordinance Nos. 68-95 and 76-95 annexing certain
lands into the City of Delray Beach, which were filed in this
office on December 22, 1995.
Sincerely,
Li Cloud, Chief
Bureau of Administrative Code
LC/vm
......... RECEIVEb-
CiTY CLERK
DISTRIBUTION LIST
Linda Turnage, Budget Administrator
Susan Ruby, City Attorney
Lula Butler, Director of Community Improvement
Jerry Sanzone, Building & Inspection Administrator/Chief Building Official
Joyce Desormeau, Signs & License Administrator
Nancy Davila, City Horticulturist
Sandy Roberts, Office Computer Specialist
George Diaz, Deputy Building Official
Richard Bauer, Code Enforcement Administrator
Dorothy Ellington, Community Development Coordinator
Bill Greenwood, Director of Environmental Services ,
Dan Beatty, City Engineer
Dick Hasko, Deputy Director for Utilities
Scott Solomon, Acting Deputy Director for Public Works
Joseph Safford, Finance Director
Becky O'Conner, Treasurer
Robert Rehr, Fire Chief
Mike Cato, Fire Safety Division Chief
Joe Weldon, Director of Parks and Recreation
Richard Overman, Police Chief
Barbara Schooler, Utility Billing Manager
Tina Lunsford, Police Dispatch
DLM/DIST. DOC
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: DISTRIBUTION LIST
FROM: PAUL DORLING, PRINCIPAL PLANNER
DATE: DECEMBER 5, 1995
RE: HARDRIVES ANNEXATION
On December 5, 1995 the City Commission approved on second and final
reading the annexation of the Hardrives property. The subject property is
located south of Linton Boulevard west and east of Congress Avenue. The
attached map shows the property which is now within the municipal boundaries
and under municipal jurisdiction.
The following property data is attached for your information. If you have any
questions feel free to contact me at ext. 7043.
HARDRIVES ANNEXATION BRIEF
Property Control numbers: 00-43-46-30-00-000-1010
00-43-46-30-00-000-1060
Acreage: 27.76 acres
Taxable Value: $4,232,673.00
Current Use of the Property_: Existing Hardrives Paving Company
including a concrete manufacturing facility,
an office structure, communication towers,
parking and landscaping.
County_ Street Address: 2350 S Congress Avenue
City Land Use desicjnations: Transitional (west side of Congress Ave.)
Industrial (east side of Congress Avenue)
County_ Land Use desi_~nation: Industrial
City_ Zonin_~ Desi_~nation: POC - Planned Office Center(west side of
Congress) and I - Industrial (east side of
Congress)
County_ Zoning Desi~lnation: CHO (Commercial High Office) and AR
(Agricultural Residential) west side of
Congress and IL (Light Industrial) east side
of Congress Avenue.
Le_~al Description: See Attached legal
.AL .OU~VA.O
CANAL
N
~ ANNEXATION
-- ~ ~ ~ --
.................... ~-'~-r~ of la~d-lying in section 30, Township 46
South, Range 43 East, Palm Beach County, Florida,
more particularly described as follows:
Beginning at the point of intersection of the South
line of the Plat of the Terraces at Centre Delray, as
recorded in Plat Book 45, Page 49, Public Records of
Palm Beach County, Florida, with the West
right-of-way line of Congress Avenue (a 120 foot
right-of-way as shown on said plat); thence South 00
degrees 26'23" East along said right-of-way line of
CongreSs Avenue (the west right-of-way line of
Congress Avenue is assumed to bear South O0 degrees
26'23" East and all other bearings stated herein are
relative thereto) a distance of 1033.56 feet; thence
South 89 degrees 03'43" West along the North line and
the Easterly extension thereof, of the Plat of Sabal
Pine Phase 2, as recorded in Plat Book 39, Page 189,
Public Records of Palm Beach County, Florida, a
distance of 1234.38 feet to the southeast corner of
the Plat of the Environment, I, as recorded in Plat
Book 43, Page 141, Public ReCords of Palm Beach
County, Florida; thence North 00 degrees 24'16" West
along the East line of said Plat a distance of 31.76
feet to the South corner of the Plat of Lakeside. at
Centre Delray, as recorded in Plat Book 50, Page 195,
Public Records of Palm Beach County, Florida; thence
North 50 degrees 11'51" East along the southeasterly
line of said Plat of Lakeside at Centre Delray and
the Terraces at Centre Delray a distance of 430.40
feet; thence North 0! degree 09'15" West along the
East line of said Plat of the Terraces at Centre
Delray a distance of 174.79 feet; thence North 89
degrees 02'27" East along the South line of said plat
a distance of 217.66 feet; thence North 50 degrees
~'51" East along the southeasterly line of said plat
a distance of 887.39 feet to the Point of Beginning.
Containing ~5.529 acres, more or less.
TOGETHER WITH:
A parcel of land lying in Section 30, Township 46
South, Range 43 East, Palm Beach County, Florida,
being more particularly described as follows:
Beginning at the intersection of the West
right-of-way line of Seaboard Airline Railroad with
the East-West Quarter Section line of said Section
30, thence South 00 degrees 27'~7" East, along the
West right-of-way line of said Seaboard Airline
Railroad, a.distance of 476.28 feet; thence South 89
degrees !3'16" West, a distance of 393.01 feet to the
intersection thereof with the East right-of-way line
of Congress Avenue (a 120.00 foot road right-of-way,
as laid out and now in use); thence North 00 degrees
27'17" West, along the East right-of-way line of said
- 2 - Ord. No. 76-95
Congress Avenue, a distance of 476.28 feet to the
intersection thereof with the East-West Quarter
Section line of said Section 30; thence, continuing
North 00 degrees 27'17# West, continuing along the
East right-of-way line of said Congress Avenue, a
distance of 652.64 feet to the intersection thereof
with the Southerly boundary of the Lake Worth
Drainage District; thence, continuing North 00
degrees 27'17" West, along the East right-of-way'line
of said Congress Avenue, a distance of ~27.28 feet;
thence North 89 degrees 45'39" East, departing the
East right-of-way line of said Congress Avenue,
continuing along the southerly boundary of said Lake
Worth Drainage District, a distance of 155.73 feet;
thence North 50 degrees 24'56" East, continuing along
the southerly boundary of said Lake Worth Drainage
District, a distance of 101.84'feet; thence North 58
degrees 41'41" East., continuing along the southerly
boundary of said Lake Worth Drainage District, a
distance of 78.62 feet; thence North 01 degree 19'34"
West, departing the boundary of said Lake Worth
Drainage District, a distance of 229.44 feet; thence
North 82 degrees 25'43" East, a distance of 95.00
feet to the intersection thereof with the West
right-of-way line of said Seaboard Airline Railroad;
thence South 00 degrees 27'17" East, along the West
right-of-way line of said Seaboard Airline Railroad,
a distance of 1122.28 feet to the Point of Beginning.
Containing 12.23 acres, more or less.
The subject property is located approximately. 1,000
feet south of Linton Boulevard on the east and west
sides of Congress Avenue; containing 27.76 acres,
more or less.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~?
SUBJECT: AGENDA ITEM ~ /~ ~ - MEETING QF DECEMBER 5,, 1995
SECOND READING & PUBLIC HEARIN~ FO~ ORDINANCE NO. 7§-95
(HARDRIVES ANNEXATION)
DATE: NOVEMBER 29, 1995
This is second reading and public hearing for Ordinance No. 76-95
which annexes a 27.76 acre parcel of land known as the Hardrives
property. The property is located on the east and west sides of
Congress Avenue, approximately 1,000 feet south of Linton
Boulevard.
Accompanying the annexation request is an annexation agreement
which is on your agenda as an ancillary item to this ordinance.
Related actions include a Small Scale Future Land Use Map
amendment to Transitional with initial zoning of Planned Office
Center for a 6.72 acre portion of the property (west side of
Congress Avenue), and a Small Scale FLUM amendment to Industrial
with initial zoning of Industrial for a 7.93 acre portion located
on the east side of Congress Avenue. The balance of the property
(8.89 acres on the west side and 4.43 acres on the east side of
Congress) will retain the current County land use and zoning
designations until Comprehensive Plan Amendment 96-1 is
processed.
The Planning and Zoning Board considered this item at public
hearing on November 20, 1995, and voted 6 to 0 to recommend that
it be approved. At first reading on November 21, 1995, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 76-95 on second and final
reading.
ref:agmemo7
CITY COMMISSION DOCUMENTATION
TO: DA~~~/t/L4ClTY MANAGER
THRU: DIANE D INGUEZ, DI
DEPARTMENT OF PLANNING~AND ZONING
FROM: PAUL DORLING, F{RI~CIPAL PLANNER
SUBJECT: MEETING OF NOVEMBER 21, 1995
ANNEXATION OF A 27.76 ACRE PARCEL LOCATED
APPROXIMATELY 1,000 FEET SOUTH OF LINTON
BOULEVARD ON THE EAST AND WEST SIDES OF
CONGRESS AVENUE.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first reading
of an ordinance annexing 27.76 acres known as the Hardrives enclave. The
subject property is located approximately 1,000 feet south of Linton Boulevard
on the east and west sides of Congress Avenue.
BACKGROUND:
The Hardrives site was developed in the county prior to 1976 and consists of
three parcels with a total of 27.76 acres. One 15.53 acre parcel is located on the
west side of Congress Avenue and contains an office with electric and support
room for three Radio towers (2 - 300' high and 1- 400' high). Two parcels (.44
acres and 11.79 acres) are located on the east side of Congress Avenue and
contain the industrial operation of Hardrives which includes heavy equipment
storage, repair, and other operations necessary for road construction.
With the adoption of the Comprehensive Plan in November, 1989, "advisory"
land use designations were applied to all areas which were outside the City limits
but within the City's Planning Area. The 27.76 acre Hardrives site was given
advisory designations of Transitional (15.53 acres) and Industrial (12.23 acres).
The 15.53 acres of Transitional was intended to accommodate future office
development while the 12.23 acres of Industrial was to accommodate the
existing industrial operation.
ANALYSIS:
The request is for voluntary annexation of 27.76 acres which represents the total
Hardrives enclave. Accompanying the annexation request is an annexation
agreement along with two Small Scale Future Land Use Map amendments and
the application of initial City zoning designations. These include a 6.72 parcel
(west side of Congress Avenue) which will receive a Transitional Land Use Map
designation and Planned Office Center zoning designation and a 7.93 acre
parcel (east side of Congress Avenue) which will receive an Industrial Land Use
Map and zoning designation. The balance of the 27.76 acre site ( 8.89 [west
side] & 4.43 [east side]) will retain the current county land use and zoning
designations pursuant to Florida Statute 171.062. With the processing of
Comprehensive Plan Amendment 96-1 City Land Use Map designations of
Transitional and Industrial, and zoning designations of Planned Office Center
and Industrial will be processed. For additional background and analysis see
attached Planning and Zoning staff report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will consider this item at its November 20, 1995
regular meeting. As the Board's recommendation is not available with the
writing of this report the recommendation will be presented at the City
Commission meeting.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance annexing the property based
upon positive findings with respect to policies of the Comprehensive Plan and
upon the following findings:
· That the property is contiguous, reasonably compact and does not create an
enclave;
· That services will be provided to the property in a manner similar to other
similar properties within the City.
Attachments:
P&Z Staff Report
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: November 20, 1995
AGENDA ITEM: V.F.
ITEM: Annexation of a 27.76 acre parcel (Hardrives), located on the east
and west sides of Congress Avenue, south of Germantown Road.
GENERAL DATA:
Owner .............................................. George T. Elmore, Trustee
Applicant/Agent ............................... Jeff Lis
Location ........................................... On the east and west sides of
Congress Avenue, south of
Germantown Road.
Property Size ................................... 27.76 Acres
Existing Future Land Use Map ........ Industrial- Palm Beach County
Proposed Future Land Use Map ..... Transitional and Industrial
Current CountyZoning .................... CHO (Commercial High Office),
(Agricultural Residential), and IL
(Light Industrial)
Proposed City Zoning ...................... POC (Planned Office Center) and
I (Industrial)
Adjacent Zoning ..................... North: POC and I
East: CD (Conservation)
South: POC, RM (Medium Density
Residential), and PCC (Planned
Commerce Center)
West: RM and POC
Existing Land Use ........................... Existing Hardrives Paving
Company including a concrete
manufacturing facility, an office
structure, communication towers,
parking, and landscaping.
Proposed Land Use ......................... Annexation of the property to
accommodate a future office
development and the existing
industrial use.
Water Service .................................. Existing 10" water main in
Congress Avenue.
Existing 10" water main serving
the Centre Delray (Office Depot)
site to the north of the subject
property.
Sewer Service ................................. Existing 8" sanitary sewer main in
Congress Avenue connecting to
lift station 35.
Existing 8" sanitary sewer main
serving the. Centre Delray (Office
Depot) site to the north of the
subject property connecting to lift
station 35A.
V.F,
The action before the Board is that of making a recommendation on a voluntary
annexation of property known as Hardrives.
The subject property is located approximately 1,000 feet south of Linton
Boulevard on the east and west sides of Congress Avenue.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make
a recommendation to the City Commission with respect to annexation and
zoning of property within the City's Planning Area.
The Hardrives site was developed in the county prior to 1976 and consists of
three parcels with a total of 27.76 acres. One 15.53 acre parcel is located on the
west side of Congress Avenue and contains an office with electric and support
room for three Radio towers (2 - 300' high and 1- 400' high). Two parcels (.44
acres and 11.79 acres) are located on the east side of Congress Avenue and
contain the industrial operation of Hardrives which includes heavy equipment
storage, repair, and other operations necessary for road construction.
In 1986 the Florida State Legislature provided a mechanism for annexation
(House Bill 1061 -Delray Beach Enclave Act) of the many enclaves existing
within the Delray Beach Planning Area. However, this area along with two other
areas (North Federal Highway and the Kingsland subdivision) were specifically
exempted from the act, and property remained under the county's jurisdiction.
With the adoption of the Comprehensive Plan in November, 1989, "advisory"
land use designations were applied to all areas which were outside the City limits
but within the City's Planning Area. The 27.76 acre Hardrives site was given
advisory designations of Transitional (15.53 acres) and Industrial (12.23 acres).
The 15.53 acres of Transitional was intended to accommodate future office
development while the 12.23 acres of Industrial was to accommodate the
existing industrial operation.
The request is for voluntary annexation of 27.76 acres which represents the total
Hardrives enclave. Accompanying the annexation request and included in
separate reports are two small scale amendments and the application of initial
City zoning designations. These include a 6.72 parcel (west side of Congress
Avenue) which will receive a Transitional Land Use designation and Planned
P&Z staff report
Annexation - Hardrives
Page 2
Office Center zoning designation and a 7.93 acre parcel (east side of Congress
Avenue) which will receive an Industrial Land Use and zoning designation. The
balance of the 27.76 acre site ( 8.89 [west side] & 4.43 [east side]) will retain the
current county land use and zoning designations pursuant to Florida Statute
171.062. With the processing of Comprehensive Plan Amendment 96-1 City
Land Use designations of Transitional and Industrial, and zoning designations of
Planned Office Center and Industrial will be processed.
The above land use actions are to accommodate the existing Hardrives Industrial
uses, relocation of one of the three existing radio towers and separate office
development.
Florida Statutes Governing Annexations:
Pursuant to Florida Statute 171.044 "the owner or owners of real property in an
unincorporated area of the County which is contiguous to a municipality and
reasonably compact may petition the governing body of said municipality that
said property be annexed to the municipality". Pursuant to F.S. 171.044 (5)
"land shall not be annexed through voluntary annexation when such annexation
results in the creation of enclaves".
The owner of the subject property has petitioned for a voluntary annexation.
The property is contiguous with the City, reasonably compact, and its
annexation will eliminate an enclave rather then create one. The parcel is
contiguous via the Office Depot office complex to the north and west, 1-95
and Waterford DRI to the east and the Delray Oaks preserve area to the
south.
Consistency with the City's Comprehensive Plan:
The City's current advisory Future Land Use Map designations for the property
are a combination of Transitional and Industrial. At this time only two portions of
the property are being assigned a City Future Land Use Map designation via
the small scale amendment process. The remaining property will be assigned
City Land Use designations with the processing of Plan Amendment 96-1.
Pursuant to Florida Statute 171.062 (2) if the area annexed was subject to a
County Land Use designation and county zoning these regulations will remain in
P&Z staff report
Annexation - Hardrives
Page 3
full force and effect until the municipality adopts a Comprehensive Plan
Amendment that includes the annexed area. Therefore, the balance of the
property which is not subject to the small scale land use amendment process will
continue to have a County Land Use Map designation of Industrial and county
zoning of Light Industrial, Commercial High Office, and Agricultural Residential.
The City's FLUM designations will become effective upon annexation of the
property involved in the Small Scale Land Use Map Amendment process and
upon completion of the City's Plan Amendment 96-1 for the balance.
Designated Annexation Area: This requested annexation is consistent with
Policy Bo3.4, of the City's Future Land Use Element which calls for annexation of
eligible properties. The property is shown within the "designated annexation
area"# 9.
Provision of Services: When annexation of property occurs, services are to be
provided in a manner which is consistent with services provided to other similar
properties already in the City (Future Land Use Policy B-3.1). The following is a
discussion of required services and potential provision levels.
Police: This property is currently serviced by the Palm Beach County Sheriff's
Office, located at 345 South Congress, which serves the South County Area.
The property lies within Sheriff patrol zone 7. Zone 7 is bordered by Jog Road
on the west, Delray Beach City limits on the east, Atlantic Avenue to the north,
and Clint Moore Road to the south. One officer is assigned to a particular zone
during a shift (three shifts per day). Additional response can be mustered from
"Cover Cars" which roam throughout zones randomly, depending on their
availability in South County during that time.
The City of Delray Beach's Police Department has 14 cars per shift patrolling a
15 square mile area; and, as a consequence, significantly improved response
time should be realized. Annexation will not require additional manpower, as
police currently pass the property while patrolling areas of the City to the north,
south, and west of the property.
Fire and Emergency Services: The annexation of this property will not require
additional manpower. With annexation the property will receive an improvement
in response time from the current 9 1/2 minutes for the County Fire Department
(Fire Station #-42/Hagen Ranch Road near the Turnpike) to approximately 2 1/2
minutes for the City's Fire Department ( Fire Station #3 Linton Boulevard east of
1-95).
P&Z staff report
Annexation - Hardrives
Page 4
Water: Water is available to the site from an 8" main located on the east side of
Congress Avenue and 10" mains which serve the office buildings immediately
north of this site. Looping of the mains (i.e. connection to both sources) may be
required to provide adequate pressure. In addition along the new mains, fire
hydrants must be installed with a maximum spacing of 300'.
Sewer: Sewer service is available from an 8' main which serves the office
buildings to the north. Extension of the mains southward to this site will be
required.
Streets: The property has the potential for access from both Congress Avenue
and Germantown Road through cross access over existing offices to the north.
Congress Avenue is under the jurisdiction of Palm Beach County and
Germantown Road is under the jurisdiction of the City of Delray Beach. The
jurisdictions and maintenance responsibilities of the roadways will not change
with annexation.
Parks and Open Space:
As the Planning Area was considered in the development of the Comprehensive
Plan, the act of annexation and applying initial zoning designations consistent
with the advisory land use designations will have no effect on parks and open
space levels of service. It is noted that the land use designations being sought
both through the small scale amendment process and the balance with 96-1 are
the existing advisory designations.
Solid Waste:
As there is no actual change in land use there will be no change in the existing
solid waste generation at this time. However, proposed development is
consistent with the advisory land use designations which were considered when
levels of service were established on a county wide basis. The service provider
for the existing and proposed development will remain the same (South County
Sanitation).
Financial Impacts:
Impact U.oon Annexed Property_:
For the 1995 tax year the subject property has an assessed value of ,$4,232,673.
With the change from County to City jurisdiction, the following taxes and rates
are affected:
P&Z staff report
Annexation - Hardrives
Page 5
Ad Valorem Taxes Millage With annexation
Fire/Rescue MSTU 2.5293 Deleted (County)
Library .4838 Deleted (County)
City of Delray Beach 6.8700 Added (City)
City of Delray Beach 1.0300 Added (City)
4.8869 difference
* Total tax millage in the County is 19.8142 mills while in the City the total
millage rate is 24.7011 mills
The 1995 yearly ad valorem taxes are $ 83, 867.03. With annexation the yearly
ad valorem taxes will be $104,551.68; a tax difference of $20,684.65. In
addition to property taxes the following non ad valorem fiscal impositions apply:
Delray Beach Storm Water Utility - This assessment is based upon the
percentage of impervious area of the buildings, parking areas, etc. A 25%
discount is available for a portion of the site (east side) as it contains a privetely
maintained storm water system. The estimated annual Stormwater Assessment
fee for the overall site (27.76 acres) is $9,739.05 a year. With future
development of the site with office building and associated parking the
assessment will increase accordingly.
Solid Waste Authority: - This site is currently serviced by South County
Sanitation, which is under a five year contract that runs from October 1, 1993
through September 30, 1998. The City's contract is currently through Waste
Management Inc. Pursuant to Florida Statute 171.062(4)(a) "if a party has a
contract which is in effect for at least six months prior to the initiation of an
annexation, the franchisee may continue to provide such services to the
annexed area for five years or the remainder of the franchise term, whichever is
shorter. As the annexation was not initiated within the six month period, the
waste provider for the commercial operation will not change with annexation.
When this current contact expires, the waste provider for this property will be the
current City provider. The out-of-City/in-City rates are anticipated to be
competitive.
Occupational Licenses: With annexation the existing commercial operation will
be required to obtain City Occupational Licenses in addition to the required
County Licenses. It is anticipated that the existing industrial use (contractor)
and the associated offices will generate $250.00 in annual City license fees.
P&Z staff report
Annexation - Harddves
Page 6
Resulting impact to property owner:
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES
(Change from 95 County $20,684.65
19.8142 to City 95 rate
24.7011 mills. (4.8869)
NON AD VALOREM
Stormwater Assessment $ 9,739.05
Solid Waste Collection $ .00
OCCUPATIONAL LICENSE FEES $ 250.00
TOTAL $ 30,673.70
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time from 9.5 minutes
(estimated time) (County) to 2.5 minutes (City).
EMS + Faster response time from 9.5 minutes
(estimated time) (County) to 2.5 minutes (City).
POLICE + Better response based upon more officers
in field.
CODE ENFORCEMENT + Pm-active versus reactive opportunity to
work with property owners.
P&Z staff report
Annexation - Hardrives
Page 7
Fiscal Impacts to the City_:
At the 1995 City operating millage rate of 6.87 mills and debt rate of 1.03 mills,
the property will generate approximately $33,438.12 in new ad valorem taxes
per year. The City will also collect annual licences fees of $250.00 and
Stormwater Assessment fees of $9,739.05 for a yearly fiscal total of $43,427.17.
With future office development, additional revenue will be realized through
increased assessment value, building permit and license fees, the annual
collection of the stormwater assessment fees as well as utility taxes (9.5%
electric, 7% telephone) and franchise fees (5.536% electric, 1% telephone and
3% cable).
The property is not in a geographic area requiring review by either the HPB
(Historic Preservation Board), DDA (Downtown Development Authority) or the
CRA (Community Redevelopment Agency).
Notification of Adjacent Local Governments:
Per Policy A-1.7 of the Intergovernmental Coordination Element of the City of
Delray Beach Comprehensive Plan notification must be provided to an adjacent
unit of government of any development proposal which involves a private land
use petition requiring Local Planning Agency review and located within one-
quarter mile of the boundary of that unit of government. Notice of this application
has been sent to City of Boca Raton and Palm Beach County Planning Division.
No objections have been received from either government agency.
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius
of the subject property. Courtesy notices have been sent to:
* Helen Coopersmith (PROD)
* Bob Stump (Crosswinds)
* Lewis Gold (Crosswinds single family)
* Lenny Gonsalves (Eastwinds of Crosswinds)
* Dorothy Alport (Southwinds of Crosswinds)
* Sheldon Wesiner (Pines of Delray)
* George Conley ( Pines of Delray East)
* Minto Builders (Springs Landing )
* Jack Frieder (Pines of Delray West)
* Sabal Pine Condominium Inc.
* Sabal Pine East Association
P&Z staff report
Annexation - Hardrives
Page 8
* Sabal Pine South Association
* AAG Management (Andover)
* Erminio Giuliano (Foxe Chase)
* Lillian Feldman
* Alan Partis (Tropic Palms)
The annexation of this property is consistent with the Comprehensive Plan
policies which call for annexation of eligible properties (Future Land Use
Element, Policy B-3.4).
The proposed initial zoning designations and land use designations which will
simultaneously be applied to a portion of the property are consistent with the
advisory land use designations. The annexation will not create an enclave, but
will in fact eliminate an existing enclave which will aid in more efficient delivery of
services.
A. Continue with direction.
B. Recommend approval of the annexation request upon positive
findings with respect to policies of the Comprehensive Plan and
Florida Statute 171.044.
C. Recommend denial of the annexation based on a failure to make
positive findings.
Recommend approval of the Annexation request based upon positive findings
with respect to policies of the Comprehensive Plan and upon the following
findings:
· That the property is contiguous, reasonably compact and does not create an
enclave; and,
· That services will be provided to the property in a manner similar to other
similar properties within the City.
,, , ,
CITY OF DELRAY BEACH. FLORIDA
NOTICE OF ANNEXATION AND ZONING
ORDINANCE NO. 76.95
The City COmmission of the City of Dstrey Beach will hold a'PUB-
MC HEARING ON THE FOLLOWING PROPOSED ORDINANCE
ON TUESDAY. DECEMBER 5. 1995. AT 7:00 P.M. (or at any con-
tinuation of such meeting which is set by the Commission), in the
Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray
Beach, Florida, at which time the C~ Commission will consider its
adoption. The ordin~'~ca wilt be mad by title only end all persons
interested will be given the opportunity to be heard.
ORDINANCE NO. 76-95
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH, A 27,76 ACRE PARCEL OF
LAND KNOWN AS THE HARDRIVES PROPERTY, LOCAT-
ED APPROXIMATELY 1,000 FEET SOUTH OF LINTON
BOULEVARD ON THE EAST AND WEST SIDES OF CON-
GRESS AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF
THE PROPERTY TO BE ANNEXED IS SHOWN BELOW. A COM-
PLETE LEGAL DESCRIPTION BY LOT AND SUBDIVISION
AND/OR METES AND BOUNDS AND A COPY OF THE ORDI-
NANCE HEREINABOVE NAMED CAN BE OBTAINED FROM THE
OFFICE OF THE CITY CLERK, CITY HALL, 100 N.W. 1st
AVENUE, DELRAY BEACH, FLORIDA.
This notice is published as required by State law. The proposed
ordinance may be inspected at the Office of the City Clerk at City
Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, exclud-
ing holidays.
PLEASE BE ADVISED that if a person decides to appeal any deci-
sion made by the City Commission with respect to any matter con-
sidered at this hearing, such person will need a record of these
proceedings, and for this purpose such person may need to ensure
that a verbatim record includes the testimony and evidence upon
which the appeal is to be based. The City does not provide nor pre-
pare such record. Pursuant to ES. 285.0105.
CITY OF DELRAY BEACH
PUBLISH: December 1, 1995 Alison MacGregor Harty
The News City Clerk
Boca Raton/Delray Beach
Ad #'/21100
CITY OF DELRAY BEACH. FLORIDA
NOTICE OF ANNEXATION AND ZONING
ORDINANCE NO 76-9~
The City Commission of the City of Delray Beach will hold a
PUBLIC HEARING ON THE FOLLOWING PROPOSED ORDINANCE ON TUESDAY.
DECEMBER 5. 1995. AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission), in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida, at which time the City Commission will consider its
adoption. The ordinance will be read by title only and all
persons interested will be given the opportunity to be heard.
ORDINANCE NO. 76-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A 27.76 ACRE PARCEL OF LAND KNOWN AS THE
HARDRIVES PROPERTY, LOCATED APPROXIMATELY 1,000 FEET
SOUTH OF LINTON BOULEVARD ON THE EAST AND WEST SIDES OF
CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS
OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE
PROPERTY TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL
DESCRIPTION BY LOT AND SUBDIVISION AND/OR METES AND BOUNDS AND A
COPY OF THE ORDINANCE HEREINABOVE NAMED CAN BE OBTAINED FROM THE
OFFICE OF THE CITY CLERK, CITY HALL, ~00 N.W. 1ST AVENUE, DELRAY
BEACH, FLORIDA.
(INSERT ATTACHED MAP HERE)
This notice is published as required by State law. The proposed
ordinance may be inspected at the Office of the City Clerk at
City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between
the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,
excluding holidays.
PLEASE BE ADVISED that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered
at this hearing, such person will need a record of these
proceedings, and for this purpose such person may need to ensure
that a verbatim record includes the testimony and evidence upon
which the appeal is to be based. The City does not provide nor
prepare such record. Pursuant to F.S. 285.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
December 1,' 1995 Alison MacGregor Harry
City Clerk
Instructions to Newspaper: This is a display ad to be published
in the legal/classified section of the newspaper. Thank you.
ref:anexad2
.. .... TYOF DELRAY'BEACH, FLORIDA
i : I IOTICE OF ANNEXATION AND
: ORDINANCE NO. 76-95
~FOLLOWING PROP0~ED ~ Qti 'rUF'~I~Y' ~ 'r' I~' AT ?:00 PAl' (°r al
~ . i~.J~ .... .~,.ORDINANCE OF THE C~FY COMMISSION OF THE CITY OF DELRAY BEACH,
- LAND KNOWN AS THE HARDRIVES PROPERTY, LOCATED APPROXIMATELY 1,030
[j.l ; FEET SOUTH OF UNTON BOULEVARD ON THE EAST ANO WEST SIDES OF
, t' ' OONGRESS AVENUE, AS MORE,PARTICULARLY DESCRIBED HEREIN, WHICH LAND
i j IS CONTIGUOUS TO EXlST1NG MUNICIPAL UMIT$ OF SAID CITY; REDEFINING THE
~-! BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
'[ RIGHTS AND OBLIGATIONS OF SAID LAND; ~NG A GENERAL REPEALER
:]-- CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
! ] WI-IEREAS, George T. Elmom, es Tmstes, is the be. Mmp~ owner of a pamal of land es mom
-;:.. Cily of
;., City o~ DalmyBeach, Rorida;and
.. · ' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY
FLORIDA, AS'FOLLOWS:
~ '~ annexes to said City the follbwing _ _ __~,~bed. land located in Palm Beach County, Flonda, which lies
· +~, ~Flodda, with the West right-of-way line of Congress Avenue (a 120 loot right-of-way es
·. ~ on said i~at); trance South 00 degrees 2623" East ak~g said dght-of-way line of
... - ' Cof~Fess Avenue (the west right-of-way line of Congress Avenue is assumed to bear
South 00 degrees 26'23" East and all other beadngs alated hemln are relative thereto) a
· distance of 1033.56 feet; thence South 89 degrees 03'43' West along the North line and
~ ttte Easterly extension Itmreof, of Ihe Plat of Sabal Pine Phase 2, as recon~d in Plat Book
' .. *' 39, Page189, Public Records of Palm Beach County, Florida, a distance of1234.38 feet to
· : ~ *' ' ! 141, Public Records of Palm Beach County, Florida; Ihence North 00 de~eas 24;16: West
~ , the souffieast corne~ of the Plat of the Environment, I, as recorded in Plat Book 43, Page
~' ;* I along the eas~ line of said Plat a dialance of 31.76 lest to lhe Soulh comer of the Plat of
Lakeside at Centre Delmy, es recorded in Plat Sook 50, Page 195, Public Records of Palm
' * * ii each County, Florida; thence North 50 degrees 11'51' East along the southeasterly line .
.. : :'-. of said plat of Laksside at Centm De{my and the T--at Centre Delra~ a dlatance of
i 430.40 ~t; ~hen~ Norlh 01 d~ 0~15' Ii~t ~ the EesHine of ~d PIof of ~'~
I. Terraces at Centre Dalray a dlatanne of 174.79 lest; thence North 89 degrees 02'27' East
along the South line of said plat a distance of 217.66 lsat; ~ence North 50 degrees 11'51'
East along the southeestedy line of said plat & distance of 887.39 feet to the Point of
· 'IOGETHER WITH:
ato~g Ihe West right-of-way line ol' said Seabomd AJ~ne Railroad, a distance of 476.26 fast;
thence South 89 degrees 13'16· West, a distance of 39~01 feet ~ the intersection thereof
out and now in usa); thensa North 00 degress 27'17' West, along the East right-<)l-way line
27'17' West, conlfnutng along the East right-of-way lille of said Congress Avenue. a distance
Dmim~e DisUf~, thence, cof~inuing NO, Ih 00 degress 27'17' West, along Ihe East
rigM-of-~y I~e of said ~ Avenue, a distance of 127.28 feet; thence north 89
eonlinuing along the esulhedy boundaB~ of said Lake Worth Drainage District, a distance of
of said Lake Worth Drainage Dlatrict, a distance of 101.84 feet;, t~e~ce North 58 degrees
41'41 · East, conlinulng along the eoulhedy __boun?~~/.of said Lake Worth Drainage District, a
distance of 7~.~2 I~, thence North 01 de,me 19'34' West, claparling the boundary of said
1.aka Worth Dminag~ DIstflct, a distance of 229.44 ieet; thence North 82 degrees 25'43"
~*. ~ght,~,way'line of ~M<~eMmaffl AIflMe Re#mad, a distance ot 1122.28 feet to the Point of
This notice is pu~ishad as required by S~ate law and Sec~on 2.03(b) of the C,~ Charter of Ihe
.~ of Oelray Beach. The proposed o~nance may be inspecled at the Office of the City C~e~k
· at City Hall, 100 N.W. l~t Avenue, Delm¥ Beach, Florida, between ~e hours of 8:00 a.m. and
k00 p.m., Monday through Friday, excluding holidays. . ~
.F..ASED BE ADVISED ll~t if e p~mon decides Jo eppe~l mY/de,sion m~de by ~he Cily
Gommissio~ with respect to any m~dter considered a this headng, such person wilt need a
m=Ord of lhese proceedings, ~ tot ~is purpose such person may need to ensure tflat a
~ The Cily ~loes not provide nor prepare such record. Pumuant 1o ES. 285.0105.
~ CITY OF DELRAY BEACH
-.~ -: .. ~-"T' ~.J. son MacGregor,Harly [
P~SH: November 34.1995 ,. ,
i . ~. Ad~1~21094 &
CITY OF DELRAY BEACH. FLORIDA
NOTICE OF ANNEXATION AND ZONING
ORDINANCE NO. 76-95
The City Commission of the City of Delray Beach will hold a
PUBLIC HEARING ON THE FOLLOWING PROPOSED ORDINANCE QN TUESDAY.
DECEMBER 5. 1995. AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission), in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida, at which time the City Commission will consider its
adoption. The ordinance will be read by title only and all
persons interested will be given the opportunity to be heard.
ORDINANCE NO. 76-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A 27.76 ACRE PARCEL OF LAND KNOWN AS THE
HARDRIVES PROPERTY, LOCATED APPROXIMATELY 1,000 FEET
SOUTH OF LINTON BOULEVARD ON THE EAST AND WEST SIDES OF
CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS
OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, George T. Elmore, as Trustee, is the fee-simple
owner of a parcel of land as more particularly described herein;
and
WHEREAS, Jeff Lis, as the duly authorized agent for the
fee-simple owner hereinabove named, has requested by petition to
have the subject property annexed into the municipal limits of
the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach,
Florida; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of
the Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section !. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City
the following described land located in Palm Beach County,
Florida, which lies contiguous to said City.to-wit:
A parcel of land lying in Section 30, Township 46
South, Range 43 East, Palm Beach County, Florida, more
particularly described as follows:
Beginning at the point of intersection of the South
line of the Plat of the Terraces at Centre Delray, as
recorded in Plat Book 45, Page 49, Public Records of
Palm Beach County, Florida, with the West
right-of-way line of Congress Avenue (a 120 foot
right-of-way as shown on said plat); thence South 00
degrees 26'23" East along said right-of-way line of
Congress Avenue (the west right-of-way line of
Congress Avenue is assumed to bear South 00 degrees
26'23" East and all other bearings stated herein are
relative thereto) a distance of 1033.56 feet; thence
South 89 degrees 03'43" West along the North line and
the Easterly extension thereof, of the Plat of Sabal
Pine Phase 2, as recorded in Plat Book 39, Page 189,
Public Records of Palm Beach County, Florida, a
distance of 1234.38 feet to the southeast corner of
the Plat of the Environment, I, as recorded in Plat
Book 43, Page 141, Public Records of Palm Beach
County, Florida; thence North 00 degrees 24'16" West
along the East line of said Plat a distance of 31.76
feet to the South corner of the Plat of Lakeside at
Centre Delray, as recorded in Plat Book 50, Page 195,
Public Records of Palm Beach 'County, Florida; thence
North 50 degrees 11'51" East along the southeasterly
line of said Plat of Lakeside at Centre Delray and
the Terraces at Centre Delray a distance of 430.40
feet; thence North 01 degree 09'15" West along the
East line of said Plat of the Terraces at Centre
Delray a distance of 174.79 feet; thence North 89
degrees 02'27" East along the South line of said plat
a distance of 217.66 feet; thence North 50 degrees
11'51" East along the southeasterly line of said plat
a distance of 887.39 feet to the Point of Beginning.
Containing 15.529 acres, more or less.
TOGETHER WITH:
A parcel of land lying in Section 30, Township 46
South, Range 43 East, Palm Beach County, Florida, being
more particularly described as follows:
Beginning at the intersection of the West right-of-way
line of Seaboard Airline Railroad with the East-West
Quarter Section line of said Section 30, thence South
00 degrees 27'17" East, along the West right-of-way
line of said Seaboard Airline Railroad, a distance of
476.28 feet; thence South 89 degrees 13'16" West, a
distance of 393.01 feet to the intersection thereof
with the East right-of-way line of Congress Avenue (a
120.00 foot road right-of-way, as laid out and now in
use); thence North 00 degrees 27'17" West, along the
East right-of-way line of said Congress Avenue, a
distance of 476.28 feet to the intersection thereof
with the East-West Quarter Section line of said Section
30; thence, continuing North 00 degrees 27'17" West,
continuing along the East right-of-way line of said
Congress Avenue, a distance of 652 64 feet to the
intersection thereof with the Southerly boundary of the
Lake Worth Drainage District; thence, continuing North
00 degrees 27'17" West, along the East right-of-way
line of said Congress Avenue, a distance of 127 28
feet; thence North 89 degrees 45'39" East, departing
the East right-of-way line of said Congress Avenue,
continuing along the southerly boundary of said Lake
Worth Drainage District, a distance of ~55 73 feet;
thence North 50 degrees 24'56" East, continuing along
the southerly boundary of said Lake Worth Drainage
District, a distance of ~01 84 feet; thence North 58
degrees 41'41" East, continuing along the southerly
boundary of said Lake Worth Drainage District, a
distance of 78.62 feet; thence North 01 degree 19'34"
West, departing the boundary of said Lake Worth
Drainage District, a distance of 229.44 feet; thence
North 82 degrees 25'43" East, a distance of 95.00 feet
to the intersection ~hereof with the West right-of-way
line of said Seaboard~Airline Railroad; thence South 00
degrees 27'~7" East, along the West right-of-way line
of said Seaboard A~rline Railroad, a distance of
1122.28 feet to the Point of Beginning. Containing
~2.23 acres, more or less.
The subject property is located approximately 1,000
feet south of Linton Boulevard on the east and west
sides of Congress Avenue; containing 27.76 acres,
more or less.
~ That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the
above-described parcels and said land is hereby declared to be
within the corporate limits of the City of Delray Beach, Florida.
Section 3. That the land hereinabove 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
subjected, including the Stormwater Management Assessment levied
by the City pursuant to its ordinances and as required by Florida
Statutes Chapter 197, and persons residing thereon shall be
deemed citizens of the City of Delray Beach, Florida.
- 3 -
~_~ That this annexation of the subject property,
including adjacent roads, alleys, or the like, if any, shall not
be deemed acceptance by the City of any maintenance
responsibility for such roads, alleys, or the like, unless
otherwise specifically initiated by the City pursuant to current
requirements and conditions.
~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word
be declared by a court of competent Jurisdiction to be invalid,
such decision shall not affect the validity of the remainder
hereof as a whole or part thereof other than the Dart declared to
be invalid.
~ That this ordinance shall become effective
immediately upon passage on second and final reading.
A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE
PROPERTY TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL
DESCRIPTION BY LOT AND SUBDIVISION AND/OR METES AND BOUNDS AND A
COPY OF THE ORDINANCE HEREINABOVE NAMED CAN BE OBTAINED FROM THE
OFFICE OF THE CITY CLERK, CITY HALL, 100 N.W. 1ST AVENUE, DELRAY
BEACH, FLORIDA.
(INSERT ATTACHED MAP HERE)
This notice is published as required by State law and Section
2.03(b) of the City Charter of the City of Delray Beach. The
proposed ordinance may be inspected at the Office of the City
Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida,
between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday, excluding holidays.
PLEASE BE ADVISED that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered
at this hearing, such person will need a record of these
proceedings, and for this purpose such person may need to ensure
that a verbatim record includes the testimony and evidence upon
which the appeal is to be based. The City does not provide nor
prepare such record. Pursuant to F.S. 285.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
November 24, 1995 Alison MacGregor Harry
City Clerk
Instructions to Newspaper: This is a display ad to be published
in the legal/classified section of the newspaper. Thank you.
ref:anexad!
LEGAL VERIFICATION FORM
FILE #: 96-019
PROJECT NAME: HARDRIVESANNEXATION
LEGAL DESCRIPTION:
A parcel of land lying in Section 30, Township 46 South, Range 43 East, Palm
Beach County, Florida, more particularly described as follows:
Beginning at the point of intersection of the South line of the Plat of the Terraces
at Centre Delray, as recorded in Plat Book 45, Page 49, Public Records of Palm
Beach County, Florida, with the West right-of-way line of Con,g,,ress Avenue (a
120' right-of-way as shown on said plat; thence South 00°26'23 East along said
right-of-way line of Congress Avenue (the west right-of-way line of Congress
Avenue is assumed to bear South 0d'26'23" East and all other bearings stated
herein are relative thereto) a distance of 1033.56 feet; thence South 89° 03'43"
West along the North line and the Easterly extension thereof, of the Plat of Sabal
Pine Phase 2, as recorded in Plat Book 39, Page 189, Public Records of Palm
Beach County, Florida, a distance of 1234.38 feet to the southeast corner of the
Plat of the Environment, I, as recorded in Plat Book 43, Page 141, Public
Records of Palm Beach County, Florida; thence North 00°24'16" West along the
East line of said plat a distance of 31.76 feet to the South corner of the Plat of
Lakeside at Centre Delray, as recorded in Plat Book 50, Page 195, Public
Records of Palm Beach County, Florida; thence North 50° 11' 51" East along the
southeasterly line of said Plat of Lakeside at Centre Delray and the Terraces at
Centre Delray a distance of 430.40 feet; thence North 01° 09' 15" West along the
East line of said oPlat of the Terraces at Centre Delray a distance of 174.79 feet;
thence North 89 02'27" East along the South line of said plat a distance of
217.66 feet; thence North 50~11'51" East along the southeasterly line of said plat
a distance of 887.39 feet to the Point of Beginning. Containing 15.529 acres
more or less.
Together With:
A parcel of land lying in Section 30, Township 46 South, Range 43 East, Palm
Beach County, Florida, being more particularly described as follows:
Beginning at the intersection of the West right-of-way line of Seaboard Airline
Railroad with the East-West Quarter Section line of said Section 30, thence,
South Od' 27'17" East, along the West right-of-way line of said Seaboard Airline
Railroad, a distance of 476.28 feet; thence South 89°13'16'' West, a distance of
Public Notice
.~ile # 96-019
Page 2
393.01 feet to the intersection thereof with the East right-of-way line of Congress
Avenue, (a 120.00 foot road right-of-way, as laid out and now in use) thence.
North 00"27'17" West, along the East right-of-way line of said Congress Avenue,
a distance of 476.28 feet to the intersection thereof with the East-West Quarter
Section line of said Section 30; thence, continuing North 00° 27'17" West,
continuing along the East right-of-way line of said Congress Avenue, a distance
of 652.64 feet to the intersection thereof with the Southerly boundary of the Lake
Worth Drainage District; thence, continuing North 00~27'17'' West, along the East
right-of-way line of said Congress Avenue, a distance of 127.28 feet; thence
North 89' 45'39" East, departing the East right-of-way line of said Congress
Avenue, continuing along the southerly boundary of said Lake Worth Drainage
District, a distance of 155.73 feet; thence, North 50024'56'' East, continuing along
the southerly boundary of said Lake Worth Drainage District, a distance of
101.84 feet, thence, North 58°41'41" East, continuing along the southerly
boundary of said Lake Worth Drainage District, a distance of 78.62 feet, thence
North 01° 19'34" West, departing the boundary of said Lake Worth Drainage
District, a distance of 229.44 feet, thence North 82° 25'43" East, a distance of
95.00 feet to the intersection thereof with the West right-of-way line of said
Seaboard Airline Railroad; thence, South 00°27'17" East, along thj~ West right-
of-way line of said Seaboard Airline Railroad, a distance of 11221~~ feet to the
Point of Beginning. Containing 12.23 acres more or less. /
/
SOURCE of Legal Description: SURVEY ~~
VERIFIED BY.~ DATE: I1-'I~I~ ii~.~¢l.~td~'' V~ ~V/
VERIFICATION REQUEST NEEDED BY: NOVEMBER 15, lgg5
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND
READING:
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY:
LEGHARAN
CITY JIF DELRflY BEACH
Writer's Direct Line: (407) 243-7091
DELRAY BEACH
Ali.America City
~993 DATE: November 30, 1995 f4~ago-~ aro/:'9, cfi
TO: City Commission ,5"-0
David H~den, City Mamger
FROM: Susan A. Ruby, City Attorney
SUBJECT: Annexation Agreement Hardrives
This memorandum seeks to outline various parts of the Annexation Agreement. The
highlights of the Annexation Agreement are as follows:
(1) Allows the current uses listed in Paragraph 5 of the Agreement to continue as an
established project;
(2) Allows the business to continue during the same hours of operation as it did in
the County (i.e. regularly 6:00 a.m. until 1:00 a.m. and from time to time on a
twenty-four hour a day basis in order to comply with contracts for nighttime
paving);
(3) Provides that Phase II approvals are to occur in the first quarter of 1996 after
appropriate public hearings (Phase I approvals are occurring now);
(4) Provides that any repair, maintenance, enlargement and expansion of the uses set
forth in Paragraph 5 must meet the City's Code of Ordinances, unless they are
more restrictive than those that would have been imposed by the County, in that
event the restrictions shall be no greater than those that would have been imposed
by the County.
(5) Provides that Owner may add additional customers to the communications towers
facility without further City approval provided that the towers are adequately
screened from view. If the large tiffany style drums are to be added, the City
will review it as a minor site plan application;
Pnnted on Recycled Paper
City Commission
David Harden, City Manager
November 30, 1995
Page 2
(6) Sets forth landscaping requirements in Paragraph 6;
(7) Provides for the provision of water and sewer service and subjects the Owner's
property to rates contained in the City's Code of Ordinances. The Owner is not
required to connect to City's facilities, unless the City provides the gravity
connection at the City's cost and expense.
(8) Provides that all new development not provided for in the Agreement shall
comply with all City Codes;
(9) Provides that as long as the property is used in accordance with the land uses and
business operations provided in Paragraph 5, then the Agreement shall be binding
on the Owner's successors and assigns.
Please call if you have any questions.
s
cc: Diane Dominguez, Director of Planning and Zoning
annex3.sar
11/28/95
11/29/95
11/30~95
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this ~ day of ,1995 by and
between GEORGE T. ELMORE, as Trustee, with an address at 1320 North Ocean Boulevard,
Gulfstream, Florida 33483, hereinafter referred to as "Owner" and CITY OF DELRAY BEACH, a
Florida municipal corporation located in Palm Beach County, Florida, with an address at 100
Northwest First Avenue, Delray Beach, Florida 33444, hereinafter referred to as "City".
WlTNESSETH:
WHEREAS, Owner owns certain real property currently located in the unincorporated area
of Palm Beach County, Florida on both the east and west sides of Congress Avenue south of Linton
Boulevard more particularly described in Exhibit "A", attached hereto and made a part hereof, and
hereinafter referred to separately as the "East Parcel" and the "West Parcel" and collectively as the
~Property"; and
WHEREAS, it is the desire of City to annex the Property and facilitate its continuing use,
operation and development pursuant to the terms and conditions of this Agreement; and
WHEREAS, Owner desires to annex the Property to City and to continue with the use and
operation of the existing and/or approved land uses on the Property by Palm Beach County in
accordance with the terms of this Agreement; and
WHEREAS, City has determined that the annexation of the Property will eliminate an
unincorporated enclave area, will annex a property that is compact and contiguous to City, and will
annex a property that will enhance the ad valorem tax base of City after its incorporation; and
WHEREAS, Owner is a major employer in the construction industry in Palm Beach County,
Florida and requires the continuation of all land uses and operations existing and/or approved on the
Property by Palm Beach Coumy to continue uninterrupted during and after City's annexation of the
Property; and
WHEREAS, City specifically recognizes and acknowledges that Owner would not consent
to or file an application for voluntary annexation of the Property into City's incorporated area without
the express provisions contained in this Annexation Agreement relating to the continuation of all land
uses and operations existing and/or approved by Palm Beach County for the Property; and
WHEREAS, based upon the terms and provisions of this Annexation Agreement including
the above recitals, all of which City acknowledges is a material inducement to Owner consenting to
annexation of the Property, Owner has consented to and filed a voluntary annexation petition
requesting the Property to be annexed into City pursuant to the provisions of Chapter 171.044,
Florida Statutes, Article 1.1, Article 2.4.5(C) and Article 4.2 of the Land Development Regulations
of the City of Delray Beach, Florida.
NOW THEREFORE, in consideration of the premises and the mutual promises and
agreements set forth below, the parties agree as follows:
1. Incorporation of Recitals. The above recitals are hereby incorporated by reference as if set
forth fully herein. The reference to land uses and operations existing and/or approved by Palm Beach
County on the Property as provided in Paragraph 5 include all other governmental agency approvals
such as the State of Florida Department of Transportation, etc. that are existing as of the date of this
agreement.
2. Property Subject to A~reement. The Property subject to this Agreement contains 27.76
acres ± and is further identified in this Agreement as the West Parcel (15.53 acres ±) and the East
Parcel (12.23 acres ±) as described in Exhibit "A", attached hereto and incorporated herein.
3. Annexation. Owner has filed a voluntary annexation petition of the Property into City
subject to the terms and conditions of this Agreement. Owner's voluntary annexation petition was
filed pursuant to Chapter 171.044, Florida Statutes, Article 1.1, Article 2.4.5(C) and Article 4.2
of the Land Development Regulations of the City of Delray Beach, Florida (LDR).
4. Comprehensive Plant Future Land Use Map Amendment ("FLUM")~ Rezonin~,
Conditional Use~ Established Project Determination~ Similar Use Determination, Concurrency
Determinations Performance Standards Consistency Determinations Land Development
Regulation Compliance Determination~ Vested Rights Determinations and Level of Service
Standards Compliance Determination.
A. Governmental Approvals Concurrent with Annexation Petition. City and Owner have
agreed upon a governmental approval process for the Property to be conducted by City concurrent
with City's consideration of Owner's voluntary annexation petition as set forth in this Agreement as
follows:
i) Phase I - 1995 Comprehensive Plan Small Scale Future Land Use Map
Amendments (FLUM Amendments)
The Property consists of 27.76 acres ± consisting of 15.53 acres ±
located on the west side of Congress Avenue (West Parcel) and 12.23 acres
± located on the east side of Congress Avenue (East Parcel). The East Parcel
is further divided for governmental approval reference purposes into two (2)
3
parts consisting of the northerly 7.93 acres ± (North Parcel) and the remaining
4.30 acres + (South Parcel) (see Exhibit "A").
In December 1995, City shall consider a FLUM amendment for 6.72
acres ± of the West Parcel changing the Palm Beach County FLUM
designation of Industrial to City's FLUM designation of Transitional and the
fi~rther rezoning of this portion of the West Parcel from Palm Beach County's
CS-Specialized Commercial District in part and AR-Agricultural Residential
District in part to City's POCo Planned Office Center District (see Exhibit
City shall also consider a second FLUM amendment for 7.93 acres ±
of the East Parcel (North Parcel) changing the Palm Beach County FLUM
designation of Industrial to City's FLUM designation of Industrial and
rezoning the 7.93 ao'es ± of the East Parcel (North Parcel) from Palm Beach
County's IL-Light Industrial District to City's I-Industrial District (see Exhibit
City shall further consider a conditional use application for a new four
hundred and fifty (450) foot communication tower on the North Parcel
concurrent with the FLUM amendment and rezoning process provided above.
ii) Phase II - Comprehensive Plan FLUM Amendment 96-1.
In the first quarter of 1996, City shall consider Phase II of the
governmental approval process approved by Owner and City in this
Agreement which shall include the change of the remaining 8.81acres ± of the
West Parcel from Palm Beach County's FLUM designation of Industrial to
4
City's FLUM designation of Transitional with the concurrent rezoning of this
8.81 acres + from Palm Beach County's CS-Specialized Commercial District
to City's POC-Planned Office Center District (see Exhibit "A").
City shall further consider as part of this Phase II governmental
approval process the remaining 4.30 acres ± of the East Parcel (South Parcel)
which shall have its Palm Beach County FLUM designation of Industrial
changed to City's FLUM designation of Industrial and Palm Beach County's
zoning district designation of IL-Light Industrial District changed to City's I-
Industrial District.
In addition, the Phase II governmental approval process to be
considered by City shall include City's consideration of the rezoning of a 4.20
acre ± parcel (Alfieri North Parcel), the exact acreage and legal description of
which shall be submitted to City by Owner as part of the subject rezoning
application, from the present City zoning designation of PCC-Planned
Commerce Center District to LI-Light Industrial District to permit Owner's
corporate headquarters, helistop and employee parking area.
iii) Findings and Determinations
As part of City's Phase I and Phase II FLUM amendment, rezoning
and conditional use approval process provided above, City shall make
appropriate findings and determinations, after public hearing review as
required by law, that all of the governmental approvals for the existing and/or
approved uses by Palm Beach County for the Property set forth in Paragraph
5 requested by Owner as provided in this agreement are consistent with and
5
in compliance with: City's adopted Comprehensive Plan as amended; City's
Future Land Use Map as amended; the goals, objectives and policies set forth
in the Comprehensive Plan; the required findings for land use and land
development applications provided in Article 3.1 of City's Land Development
Regulations (LDR) relating to the Comprehensive Plan Future Land Use Map;
the performance standards provided in Article 3.3 of City's LDR; the required
mandatory Level Of Service standards provided in Article 3.2 of City's LDR;
and all Concurrency requirements of City.
5. Use of Property. Owner presently uses the Property as the general headquarters and plant
facility for a general contractor's business which includes the following existing and/or approved uses
by Palm Beach County for the Property:
i) General administrative offices;
ii) Heavy equipment repair shop;
iii) Equipment painting and preparation rooms;
iv) Equipment cleaning and washdown areas;
v) Fuel tank farm;
vi) Pre-cast concrete manufacturing of but not limited to walls, car stops, posts,
etc.
vii) Storage and servicing of thermal plastic sign manufacturing and traffic
markings;
viii) Outside storage of ornamental aggregates and road building materials;
ix) Railroad siding and unloading facilities, including car shaker;
x) Outside parking of trucks, cars and heavy construction equipment;
xi) Asphalt manufacturing plant with required storage tanks, fuel oil storage
tanks, baghouse, dram mixer, silo storage and virgin aggregate materials and
reclaimed asphalt materials storage;
xii) Auto and truck fuel servicing station;
xiii) Equipment in stages of disassembly to be kept behind fenced area from
outside view;
xiv) Helistop;
xv) Welding and machine shop;
xvi) Concrete batch plant consisting of a cement storage silo, aggregate conveyor,
feed bins with necessary concrete reclaiming facility;
xvii) Heavy-duty truck scales;
xviii) Three (3) communications towers (West Parcel) to be replaced by one (1)
450 foot communications tower (East Parcel).
The general administrative offices associated with Owner's construction business has
hours of operation typical to the industry except that work hours in the equipment repair facility are
conducted fi.om 6:00 o'clock a.m. until 1:00 o'clock a.m. on a regular recurring basis and the asphalt
plant operates fi.om time to time on a twenty-four hour a day basis in order to comply with road
construction contracts requiring night time paving. Approval of and City's execution of this
agreement permits the continuation of the hours of operation as set forth above.
City has determined that Owner's existing and/or approved business activities and land
uses by Palm Beach County on the Property as set forth in Paragraph 5 of this agreement to be an
Established Project resulting fi.om previous development approvals by Palm Beach County for the
Property and all of Owner's existing and/or approved land uses and business activities not specifically
permitted by City's LDR pursuant to City's above-referenced governmental approval program has
been the subject of a "determination of similarity of use" pursuant to Article 1.4. I(C) of City's LDR
which has been approved by City's Planning and Zoning Board in accordance with this provision and
by this Agreement.
For the Phase I governmental approvals provided in Paragraph 4 of this Agreement,
City has found and determined, after appropriate public hearings required by law and will, after
appropriate public hearing review for the Phase II governmental approvals provided in Paragraph 4
of this Agreement, make appropriate findings that Owner's land uses and business activities existing
and/or approved for the Property by Palm Beach County are consistent with City's Comprehensive
Plan, Future Land Use Map, Land Development Regulations, including but not limited to
concurrency, performance standards, level of service standards, LDR standards, and the like. City,
after appropriate public hearings required by law, shall make appropriate findings that Owner's land
7
uses and business activities and City's designated land use classifications, zoning district
classifications, conditional use approval(s) and similar use determinations are the most appropriate
and compatible land use and zoning approval designations for the Property.
City agrees to permit the continuation of the existing and/or approved land uses and
business activities by Palm Beach County on the Property in accordance with the governmental
approvals provided by City and in accordance with this Agreement. City represents and warrants
that City's Comprehensive Plan and Land Development Regulations and actions taken by City
pursuant thereto shall permit Owner to continue the land uses and business activities which presently
exist or are presently approved by Palm Beach County for the Property. City agrees that Owner has
vested rights to continue to use and operate the Property as the Property is currently being used
and/or approved for use by Palm Beach County as of the effective date of this Agreement.
City further finds and confirms that it is accepting the Property into the City in an "as
isn condition for all existing and/or approved land uses and business operations as provided in
Paragraph 5 of this Agreement and that Owner shall not be required to reconstruct, redevelop or
bring existing building improvements and/or business operations presently located on and/or approved
for the Property into compliance with City's Code of Laws and Ordinances. Owner reserves the
absolute fight in Owner's sole discretion to add additional communication customers to the four
hundred fifty foot (450') communications tower approved by City as a conditional use on the North
Parcel (East Parcel) provided that such tower improvements are similar in character to the existing
three (3) communications towers located on the West Parcel which are being dismantled and replaced
by the four hundred fifry foot (450') communications tower on the North Parcel (East Parcel), and
provided further that all ground mounted equipment, dishes, and other required fixtures and
equipment required for such communications tower service are adequately screened from view from
8
adjacent developed properties contiguous to the Property. In the event that Owner proposes to add
large tiffany-style drums and/or communication dishes to the vertical portion of the communications
tower, such proposal shall be reviewed by City as a minor site plan modification as provided in City's
LDR.
City further acknowledges that it has inspected the Properly, has reviewed Owner's
use, operation and development plans for the Property and has determined that the existing and/or
approved land uses and business activities approved by Palm Beach County on the Property that may
not be in compliance and in conformity with all current City laws and codes applicable thereto in
effect upon the effective date of this Agreement shall be allowed to continue as an established Project
resulting from previous development approvals on the Property by Palm Beach County. City further
agrees that any repair, maintenance, enlargement and expansion to the uses provided in Paragraph
5 of this Agreement shall be accomplished in accordance with City's Code of Ordinances, provided
however, in the event City's requirements are more restrictive than those of Palm Beach County in
effect on the~.':: ....... x~*;''n .~f t~:. Prepe-"+_y.,/{hen the County's restrictions,/Lshall apply
to the Property for all such repair, maintenance, enlargement and expansion activities relating to the
uses provided in Paragraph 5 of this Agreement. City further acknowledges that the East Parcel does
not and will not require a subdivision plat or any subdivision regulation improvements as provided
in Article 5.3 of City's LDR as a requirement of annexation.
6. Landscaping Plan.
A. East Parcel. Owner has provided an existing landscaping planting area along the 1,256
foot + Congress Avenue frontage of the East Parcel which consists of a twelve foot landscape
planting area with trees, shrubs, ground cover and other landscape materials which shall continue.
In addition, for the Congress Avenue frontage area bounded on the south by the northerly driveway
9
to the East Parcel north to the north property line of the East Parcel, Owner has agreed to supplement
the existing twelve-foot landscape planting area with the installation of a three-foot hedge planted
twenty-four inches on center and twelve-foot trees planted thirty feet on center with all tree
installations consistent with existing tree species and types presently found on the East Parcel. This
landscape planting area shall continue east along the East Parcel's northern property line for a distance
of one hundred fifty-five feet. Owner shall provide an irrigation system for all landscape planting
areas associated with the East Parcel. Because of the general contractor and heavy equipment land
use of the East Parcel, no internal landscaping shall be required within or on the East Parcel other
than provided above. Specifically, no landscape buffer or planting area shall be required along the
East Parcel's eastern property line contiguous to the Seaboard Airline Railroad tracks or along the
East Parcel's southern property line which shall be merged with an adjacent contiguous parcel (Alfieri
North Parcel) as provided in Section 4(A)(ii) above.
B. West Parcel. All new development on the West Parcel shall comply with all City
landscape regulations. All existing and/or approved business activities and uses on the West Parcel
by Palm Beach County, if continued, do not have to comply with City's landscape regulations.
C. Alfieri North Parcel. The Alfieri North Parcel which is not subject to this Annexation
Agreement and is already located within the incorporated area of City shall comply with all City
landscaping regulations.
7. Water and Wastewater Service. City agrees to reserve and provide adequate water and
wastewater capacity for the exclusive use and benefit of the Property sufficient for all land uses
existing and/or approved by Palm Beach County for the Property as provided in Paragraph 5 of this
Agreement. Such capacity reservation shall relate to Owner's business activities conducted on the
Property as provided in this Agreement in accordance with Owner's need for such water and
10
wastewater utility service from City with the quality, quantity and pressure of potable water to be
provided to the Property and the ability of City and/or the South Central Regional Water Treatment
Facility Board to collect, pump, treat and dispose of the quantity and composition of wastewater
resulting from the Property to be in accordance with all regulatory standards as prescribed by City,
Palm Beach County, the State of Florida and the United States Government and all agencies having
jurisdiction over the delivery of potable water to consumers and the treatment ofwastewater and fire
flow standards pursuant to the requirements of City's fire department and the National Fire Protection
Association Codes without on-site repump facilities being provided by Owner. City's provision of
water/sewer service shall be subject to Chapters 52 and 53 of City's Code of Ordinances as may be
amended fi.om time to time. Initially, all fees and charges for water and wastewater service by City
to the Property shall be in accordance with the utility rate and fee structure in effect on the effective
date of this Agreement. Thereafter, the Property will be subject to utility rates then in effect as may
be modified fi.om time to time. Owner reserves the right to not connect the land uses and business
activities provided in Paragraph 5 to City's wastewater utility service unless connection can be made
by an industry standard and code required gravity connection provided by City at City's cost and
expense to Owner's south property line of the North Parcel (East Parcel). Owner reserves the right
in Owner's sole discretion to continue to use the existing on-site water wells for contractor operations
and land uses existing and/or approved by Palm Beach County on the East Parcel.
8. Future Development of the Property. Subject to the provisions of this agreement, Owner
agrees that any future development or improvement of the Property not provided in Paragraph 5 of
this agreement shah comply with City's development procedures and regulations and shall adhere to
aH City codes including, but not limited to, City's sign code.
11
9. Enforcement of Aereement. The parties further agree that Owner or City, either in law or
equity, by suit, action, mandamus or other proceeding, may enforce or compel the performance of
this Agreement. In the event that either party must enforce this Agreement, the prevailing party shall
be entitled to reasonable attorneys' fees and costs incurred therein including appeals.
10. Status of Agreement. The parties acknowledge and agree that this Agreement is not a
Development Agreement as contemplated by Chapter 163.3220 or Chapter 163.3243, Florida
Statutes, and that the provisions of those Statutes are not applicable to this Agreement.
11. Agreement to Run With Property. It is the express intent oftbe parties hereto that this
Agreement shall run with the land (Property) and shall inure to the parties hereto, their successors
and assigns as long as the Property is used in accordance with the land uses and business operations
provided in Paragraph 5 of this agreement.
12. Entire Agreement. This Agreement constitutes the entire agreement between the parties
hereto and supersedes all prior understandings, if any. There are no other oral or written promises,
conditions, representations, understandings or terms of any kind as conditions of inducement to the
execution of this Agreement and none have been relied upon by either party. Any subsequent
conditions, representations, warranties or points of agreement shall not be valid and binding upon the
parties unless they are in writing and executed by both parties in the same manner as this Agreement.
13. Severability. In the event that any term or provision of this Agreement shall be held invalid,
such invalid term or provision shall not affect the validity of any other term or provision hereof and
all such other terms and provisions hereof shall be enforceable to the fullest extent permitted by law
as if such invalid term or provision had never been a part of this Agreement.
14. Notice. Any notice, request, demand, instruction or other communication to be given to
either party hereunder shall be in writing and shall be hand-delivered or telecopied or sent by Federal
12
Express or a comparable overnight mail service or mailed by U.S. registered or certified mail, return
receipt requested, postage prepaid to City and Owner at their respective addresses set forth below:
AS TO CITY: City Manager
City of Delray Beach, Florida
100 Northwest First Avenue
Delray Beach, Florida 33444
AS TO OWNER: George T. Elmore, as Trustee
1320 North Ocean Boulevard
Gulfstream, Florida 33483
If the date of receipt or acceptance of notice properly given under this paragraph is not
otherwise ascertainable, notice by United States first class mail, return receipt requested and postage
prepaid, shall be deemed received upon the Postal Service's first attempt to deliver same. The
addressees and addresses for the purpose of this paragraph may be changed by giving written notice.
Unless and until such written notice is received, the last addressee and address stated above shall be
deemed to continue in effect for all purposes.
15. Amendment. No modification or amendment of this Agreement shall be of any legal force
or effect unless in writing executed by both City and Owner.
16. Governimt Law. This Agreement shall be interpreted in accordance with the laws of the
State of Florida, both substantive and remedial, regardless of the domicile of any party and will be
deemed for such purposes to have been made, executed and performed in the State of Florida,
provided however Owner and City do not waive any defenses, rights, remedies, privileges or other
matters available to them under federal law or otherwise.
17. Computation of Time. Any reference herein to time periods of less than six (6) days shall
exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided
for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 4:00 o'clock
p.m. Eastern time in effect on the next full business day.
13
1 $. Counterparts. This A~reement may be executed in any number of counterparts, any one or
all of which shall constitute the agreement of' the parties and each of' which shall be deemed an
original.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and
year written above.
cx ¥
~Iayor ~
ATTEST:
ved as to l:orm: ~
WITNESSES: GEORGE T. ELMORE, AS TRUSTEE
,,~. -' ' __ / ~ i By:
mt:. :it ~'~' ' /' , g Ei~ore, as gmstee
~ ,- ~ -~ [ ~' ~/ ~ e ."
, t
P~t: ~'(fi,~D ~/.' ~~ "OmR"
EXHIBIT "A"
LEGAL DESCRIPTIONS
A-l: Legal Description of the 27.76 acres + Property
A-2: Legal Description of the 15.53 acres + West Parcel
A-3: Legal Description of the 12.23 acres + East Parcel
A-4: Legal Description of the 7.93 acres + North Parcel (East Parcel)
A-5: Legal Description of the 4.30 acres · South Parcel (East Parcel)
A-6: Legal Description of the 6.72 acres ± of the West Parcel to be included in the Phase I
governmental approval application.
A-7: Legal Description of the 8.81 acres + of the West Parcel to be included in the Phase II
governmental approval application
A-8: Legal Description o£the 4.30 acres ± South Parcel (East Parcel) to be included in the Phase
II governmental approval application
CER\ H :\WP DOC S~E LMO~R. IVE'~EXHIB.A. AN X 1201
LINTON
BOULEVARD
NAL
CANAL
~ ANNEXATION AGREEMENT ATTACHMENT
Pt..ANNING DEPAR~J£NT
OTY 0~' ~LRAY ~[ACH,
-- ~ ~~ --
LINTON
BOULEVARD
NAL
CANAL
N
~ ANNEXATION AGREEMENT ATTACHMENT
Pt. ANN~NG DEPARTMENT
CITY OF' DEI.RAY BEACH, FL
-- DIGIT,41. BASE* MAP 5'Y~'EM --
LINTON
BOULEVARD
NAL
CANAL
N
~ ANNEXATION AGREEMENT ATTACHMENT
P~NNIN(~ OE~PAR'I~I£NT
OTY OF ~AY BEA~. FL
-- ~r~ ~ ~ ~E~ --
A-parcel of land lying in Section 30, Township 46
South, Range 43 East, Palm Beach County, Florida,
more particularly described as follows:
Beginning at the point of intersection of the South
line of the Plat of the Terraces at Centre Delray, as
recorded in Plat Book 45, Page 49, Public Records of
Palm Beach County, Florida, with the West
right-of-way line of Congress Avenue (a 120 foot
right-of-way as shown on said plat); thence South 00
degrees 26'23" East along said right-of-way line of
CongreSs Avenue (the west right-of-way line of
Congress Avenue is assumed to bear South 00 degrees
26'23" East and all other bearings stated herein are
relative thereto) a distance of 1033.56 feet; thence
South 89 degrees 03'43" West along the North line and
the Easterly extension thereof, of the Plat of Sabal
Pine Phase 2, as recorded in Plat Book 39, Page 189,
Public Records of Palm Beach County, Florida, a
distance of 1234.38 feet to the southeast corner of
the Plat of the Environment, I, as recorded in Plat
Book 43, Page 141, Public ReCords of Palm Beach
County, Florida; thence North 00 degrees 24'16" West
along the East line of said Plat a distance of 31.76
feet to the South corner of the Plat of Lakeside 'at
Centre Delray, as recorded in Plat Book 50, Page 195,
Public Records of Palm Beach County, Florida; thence
North 50 degrees 11'51" East along the southeasterly
line of said Plat of Lakeside at Centre Delray and
the Terraces at Centre Delray a distance of 430.40
feet; thence North 01 degree 09'15" West along the
East line of said Plat of the Terraces at Centre
Delray a distance of 174.79 feet; thence North 89
degrees 02'27" East along the South line of said plat
a distance of 217.66 feet; thence North 50 degrees
11'51" East along the southeasterly line of said plat
a distance of 887.39 feet to the Point of Beginning.
Containing 15.529 acres, more or less.
TOGETHER WITH:
A parcel of land lying in Section 30, Township 46
South, Range 43 East, Palm Beach County, Florida,
being more particularly described as follows:
Beginning at the intersection of the West
right-of-way line of Seaboard Airline Railroad with
the East-West Quarter Section line of said Section
30, thence South 00 degrees 27'17" East, along the
West right-of-way line of said Seaboard Airline
Railroad, a.distance of 476.28 feet; thence South 89
degrees 13'16" West, a distance of 393.0! feet to the
intersection thereof with the East right-of-way line
of Congress Avenue (a 120.00 foot road right-of-way,
as laid out and now in use); thence North 00 degrees
27'17" West, along the East right-of-way line of said
Congress Avenue, a distance of 476.28 feet to the
intersection thereof with the East-West Quarter
Section line of said Section 30; thence, continuing
North 00 degrees 27'17" West, continuing along the
East right-of-way line of said Congress Avenue, a
distance of 652.64 feet to the intersection thereof
with the Southerly boundary of the Lake Worth
Drainage District; thence, continuing North 00
degrees 27'17" West, along the East right-of-way line
of said Congress Avenue, a distance of 127.28 feet;
thence North 89 degrees 45'39" East, departing the
East right-of-way line of said Congress Avenue,
continuing along the southerly boundary of said Lake
Worth Drainage District, a distance of 155.73 feet;
thence North 50 degrees 24'56" East, continuing along
the southerly boundary of said Lake Worth Drainage
District, a distance of 101.84 feet; thence North 58
degrees 41'41" East, continuing along the southerly
boundary of said Lake Worth Drainage District, a
distance of 78.62 feet; thence North 0! degree 19'34"
West, departing the boundary of said Lake Worth
Drainage District, a distance of 229.44 feet; thence
North 82 degrees 25'43" East, a distance of 95.00
feet to the intersection thereof with the West
right-of-way line of said Seaboard Airline Railroad;
thence South 00 degrees 27'17" East, along the West
right-of-way line of said Seaboard Airline Railroad,
a distance of 1122.28 feet to the Point of Beginning.
Containing ~2.23 acres, more or less.
The subject property is located approximately 1,000
feet south of Linton Boulevard on the east and west
sides of Congress Avenue; containing 27.76 acres,
more or less.
A parcel of land lying in Section 30, Township 46
South, Range 43 East, Palm Beach 'County, Florida,
more particularly described as follows:
Beginning at the point of intersection of the South
line of the Plat of the Terraces at Centre Delray, as
recorded in Plat Book 45, Page 49, Public Records of
Palm Beach County, Florida, with the West
right-of-way line of Congress Avenue (a 120 foot
right-of-way as shown on said plat); thence South 00
degrees 26'23# East along said right-of-way line of
Congress Avenue (the west right-of-way line of
Congress Avenue is assumed to bear South 00 degrees
26'23" East and all other bearings stated herein are
relative thereto) a distance of 1033.56 feet; thence
South 89 degrees 03'43" West along the North line and
the Easterly extension thereof, of the Plat of Sabal
Pine Phase 2, as recorded in Plat Book 39, Page 189,
Public Records of Palm .Beach County, Florida, a
distance of 1234.38 feet to the southeast corner of
the Plat of the Environment, I, as recorded in Plat
Book 43, Page 141, Public Records of Palm Beach
County, Florida; thence North 00 degrees 24'16" West
along the East line of said Plat a distance of 31.76
feet to the South corner of the Plat of Lakeside 'at
Centre Delray, as recorded in Plat Book 50, Page 195,
Public Records of Palm Beach County, Florida; thence
North 50 degrees 11'51" East along the southeasterly
line of said Plat of Lakeside at Centre Delray and
the Terraces at Centre Delray a distance of 430.40
feet; thence North 01 degree 09'15" West along the
East line of said Plat of the Terraces at Centre
Delray a distance of 174.79 feet; thence North 89
degrees 02'27" East along the South line of said plat
a distance of 217.66 feet; thence North 50 degrees
11'51" East along the southeasterly line of said plat
a distance of 887.39 feet to the Point of Beginning.
Containing 15.529 acres, more or less.
A parcel of land lying in Section 30, Township 46
South, Range 43 East, Palm Beach County, Florida,
being more particularly described as follows:
Beginning at the intersection of the West
right-of-way line of Seaboard Airline Railroad with
the East-West Quarter Section line of said Section
30, thence South 00 degrees 27'17" East, along the
West right-of-way line of said Seaboard Airline
Railroad, a distance of 476.28 feet; thence South 89
degrees 13'16" West, a distance of 393.01 feet to the
intersection thereof with the East right-of-way line
of Congress Avenue (a 120.00 foot road right-of-way,
as laid out and now in use); thence North O0 degrees
27'17" West, along the East right-of-way line of said
Congress Avenue, a distance of 476.28 feet to the
intersection thereof with the East-West Quarter
Section line of said Section 30; thence, continuing
North 00 degrees 27'17" West, continuing along the
East right-of-way line of said Congress Avenue, a
distance of 652.64 feet to the intersection thereof
with the Southerly boundary of the Lake Worth
Drainage District; thence, continuing North 00
degrees 27'17" West, along the East right-of-way line
of said Congress Avenue, a distance of 127.28 feet;
thence North 89 degrees 45'39" East, departing the
East right-of-way line of said Congress Avenue,
continuing along the southerly boundary of said Lake
Worth Drainage District, a distance of 155.73 feet;
thence North 50 degrees 24'56" East, continuing along
the southerly boundary of said Lake Worth Drainage
District, a distance of 101.84 feet; thence North 58
degrees 41'41" East, continuing along the southerly
boundary of said Lake Worth Drainage District, a
distance of 78.62 feet; thence North 01 degree 19'34"
West, departing the boundary of said Lake Worth
Drainage District, a distance of 229.44 feet; thence
North 82 degrees 25'43" East, a distance of 95.00
feet to the intersection thereof with the West
right-of-way line of said Seaboard Airline Railroad;
thence South O0 degrees 27'17" East, along the West
right-of-way line of said Seaboard Airline Railroad,
a distance of 1122.28 feet to the Point of Beginning.
Containing 12.23 acres, more or less.
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DESCRIPTION'.
A par'cel of land lying in Section 30, Township 46 South, Range 43 East, Palm Beach County,
Flor'ldo, more po~tlculoFly desar'ibed os roi lows".
Corrrnencin~ at the point o~= Inter'section of= the $outheaster'ly I Ina o~= the plat of THE TERRACES
AT CENTRE DELRAY, as r'eco~ded in Plat Boo~ 45, Page 49, Public Records of,Palm Beach
C.ounty, Flor'ldo, with the Ifest ~lght--o~.-w.(]y I ine of= Congr'e$$ Avenue (a 120 r'ight-o~-way) as
Shown on said plat~ thence South 50'11 '51 West along said plat line a distance of 74.6.84 f=eet-
to the POINT OF BEGINNING of= the her'eina~=tec de..$or'ibed par'eel= thence South 00'12'24' East o
distance of= 440.47 f=eet~ thenoe Nor'th 89*47'36' East o dlstonoe
in. ter'$eotion with the ~lest r'lght-of=-way I ina of= Congr'es$ Avenue~ thenoe SoL/th .00'26'23" East
o~ong said r'ight-of=-way line a distance o~ 117.08 f=eet~ thence South 89'03'43" West along the
No, th line of= the plat of= SABAL PINE PHASE 2 and the easterly extension thereof"',
Plat Boot< 39, Page 189, Publio Recor'd$ of= Palm Beach County, Flor'ida, a distance of= 1234.38
f=eet to the southeast co~ner- of= the plat of THE ENVIRONUENT, 1, 05 recor-ded, in Plat Book 43,
Page 141, Publ lc Reoor'ds of= Palm Beach County, Flor'lda~ thence Nc~th 00'24'16" West along the
East I !ne of= said plat o distonoe of= 31.76 f=eet to the southeast oo~ner' of= the plat of= LAKES[DE
CENTRE DELRAY, o$ r'eoo~'ded, ln..Plat Book 50, Page 195, Publlo Reoor'd$ of Palm Beooh County,
FIo~'ida~ thence No, th 50'11'51' East along the southeasterly line o~= said p/of and the
$outheaster'iy line.of=..~aid plat of= THE TERRACES AT CENTRE DELRAY a distance of= 430.40.~=eet~
thence No~th 01'09'15' West along the East llne of= sa, ld~plot of= THE TERRACES AT CENTRE'
DE£RAY a distance of= 174.79 f=eet; thence Nor-th 89*02 27 East o distance of= 217.66 f"'eet to o'
point,on#the southeasterly I ina of= said plot of= THE TERRACES AT CENTRE' DELRAY~ thence Nor-th
50'11 51 East along the southeoste~'ly llne of= said plot o distonoe o~ 140.55 f=eet to the POINT
OF BEGZNNING.
Containing in al I 6,52747 ocr'es rnc~e o~ less.
Subject to r'est~ictlon$, ~eser'votlon$, ~lghts-o~=-woy and easements o~ r'ecor'd.
ELMORE2. I GL
12/5/95 KMH
N89° 02'27"E 217.66'
PROPERTY DESCRIPTION:
A parcel oF land lying In Section 30, Township 46 South, Roc~ge 43 East, Palm Beach County,
Florida, nlcy~e particularly described os roi lows:
Beginning of fhepolnt of Intersection of the South line of the plat of THE TERRACES AT CENTRE'
righ~.-o~-wo.y.llne c~F Congress Avenue Is assumed to bear South O0'26'25' East and oll
beepings s~a?ed heceln o~e relative theceto] o dls~,on~e of 916.48 feet; thence South 89*47 56
West a dls~once o~ 579.21 feet~ thence No, th 00'12 24 West a distance of 440.47 ~eet to o
point o~ Intersect!on#with the southerly IIne o'F said plat o~ THE TERRACES AT CENTRE' DELRAYt
thence No~fh 50'11 51 East along sold plot line o distance o~ 746.84 feet fo the POINT OF
BEGiNNiNG.
Containing In al I 9.00272 acres mo~e c~ less.
Subject to restrictions, reservations, rights-of-way and easements of reco~d'.
ELMORE 1 · L GL
12/5/95 KMH