29-94 ORDINANCE NO. 29-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO. 162-88
WHICH DESIGNATED THE KOCH HOUSE LOCATED AT 777 NORTH
OCEAN BOULEVARD, LOT 21 AND LOT 22 OF BLOCK D, PALM
BEACH SHORE ACRES, AS RECORDED IN PLAT BOOK 7, PAGE
38, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, AS A HISTORIC BUILDING; AND ENACTING THIS
ORDINANCE TO PROVIDE A CORRECTED LEGAL DESCRIPTION
SHOWING THE DESIGNATION AS LOT 21 ONLY; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the Historic Preservation Board, at a meeting held
on November 29, 1988, unanimously recommended the designation of the
Koch House as a historic building; and
WHEREAS, the City Commission of the City of Delray Beach
passed on second reading on January 10, 1989, Ordinance No. 162-88
which accepted and designated the Koch House as a historic building;
and
WHEREAS, the legal description contained within Section 1 of
Ordinance No. 162-88 included Lot 22 and Lot 21 of Block D, Palm Beach
Shore Acres, as recorded in Plat Book 7, Page 38, of the Public
Records of Palm Beach County; and
WHEREAS, the correct legal description for the Koch House is
Lot 21 of Block D, Palm Beach Shore Acres, as recorded in Plat Book 7,
Page 38, of the Public Records of Palm Beach County, Florida; and
WHEREAS, the City Commission desires to correct the
scrivener's error by deleting all references to Lot 22.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Ordinance No. 162-88 is hereby repealed and
this ordinance is enacted to read as follows:
That the following described building in the City of
Delray Beach, Florida, is hereby designated as a
historic building:
The Koch House, 777 North Ocean Boulevard, located on
Lot 21, Block D, Palm Beach Shore Acres as recorded
in Plat Book 7, Page 38, of the Public Records of
Palm Beach County, Florida.
Section 2. That the Planning Director of the City of Delray
Beach, Florida, shall upon the effective date of this ordinance, amend
the Zoning Map of Delray Beach, Florida, to show, in an overlay
manner, the above designation.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. 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 5. That this ordinance shall become effective
i~ediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 7th day of June, 1994.
ATTEST:
Cfty Cl'~rkd
First Reading May 17, 1994
Second Reading June 7, 1994
- 2 - Ord. No. 29-94
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: ~GENDA ITEM ~ /O A - MEETING OF JUNE 7. 1994
ORDINANCE NO. 29-94/KOCH HOUSE HISTORIC DESIGNATION
DATE: JUNE 3, 1994
This is second reading and public hearing for Ordinance No. 29-94
repealing Ordinance No. 162-88 wherein the Koch House at 777
North Ocean Boulevard was designated as an historic building, and
enacting this ordinance to provide a corrected legal description.
There was an error in the legal description in the original
Ordinance. Lot 22 should not have been included in the
description, and this ordinance will clear up any title
irregularities or confusion.
On May 17, 1994, Ordinance No. 29-94 was passed on first reading
by a 4-0 vote.
Recommend approval of Ordinance No. 29-94 on second and final
reading.
[lTV JIF DELRII¥ BEItCH
CITY ATTORNEY'S OFFICE ~oo ~w., ^v~.~. ~,.],^.~ .~^~., ~,.o.~,~^ ~..
FACSIMILE 407/278-4755 Writer' s Direct Line
(407) 243-7091
MEMORANDUM
DATE: May 11, 1994
TO: David Harden, City Manager
Diane Dominguez, Director of Planning and Zoning
FROM: Susan A. Ruby, City Attorney
SUBJECT: Koch House - Historic Desiqnation
There was a scrivener's error in the legal description in the
original Ordinance No. 162-88 which designated the Koch house
as a historic building. Lot 22 should not have been included.
Pat Cayce, Historic Preservation Planner, has confirmed that a
scrivener' s error was made.
Recently, our office was contacted by Cindy Van Buskirk, Legal
Assistant for Alan J. Werksman, Esq. who pointed out the error
which impacted the closing of the adjacent property (Lot 22).
In order to correct the error, I have drafted the attached
ordinance which should be recorded to clear up any title
irregularities or confusion.
Please call if you have any questions. Please place this
i~the City Commission's agenda for consideration.
Attachment
cc: Pat Cayce, Historic Preservation Planner
koch2, sar
ORDINANCE NO. 29-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO. 162-88
WHICH DESIGNATED THE KOCH HOUSE LOCATED AT 777 NORTH
OCEAN BOULEVARD, LOT 21 AND LOT 22 OF BLOCK D, PALM
BEACH SHORE ACRES, AS RECORDED IN PLAT BOOK 7, PAGE
38, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, AS A HISTORIC BUILDING; AND ENACTING THIS
ORDINANCE TO PROVIDE A CORRECTED LEGAL DESCRIPTION
SHOWING THE DESIGNATION AS LOT 21 ONLY; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the Historic Preservation Board, at a meeting held
on November 29, 1988, unanimously recommended the designation of the
Koch House as a historic building; and
WHEREAS, the City Commission of the City of Delray Beach
passed on second reading on January 10, 1989, Ordinance No. 162-88
which accepted and designated the Koch House as a historic building;
and
WHEREAS, the legal description contained within Section 1 of
Ordinance No. 162-88 included Lot 22 and Lot 21 of Block D, Palm Beach
Shore Acres, as recorded in Plat Book 7, Page 38, of the Public
Records of Palm Beach County; and
WHEREAS, the correct legal description for the Koch House is
Lot 21 of Block D, Palm Beach Shore Acres, as recorded in Plat Book 7,
Page 38, of the Public Records of Palm Beach County, Florida; and
WHEREAS, the City Commission desires to correct the
scrivener's error by deleting all references to Lot 22.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Ordinance No. 162-88 is hereby repealed and
this ordinance is enacted to read as follows:
That the following described building in the City of
Delray Beach, Florida, is hereby designated as a
historic building:
The Koch House, 777 North Ocean Boulevard, located on
Lot 21, Block D, Palm Beach Shore Acres as recorded
in Plat Book 7, Page 38, of the Public Records of
Palm Beach County, Florida.
Section 2. That the Planning Director of the City of Delray
Beach, Florida, shall upon the effective date of this ordinance, amend
the Zoning Map of Delray Beach, Florida, to show, in an overlay
manner, the above designation.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. 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 5. That this ordinance shall become effective
i~ediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 7th day of June, 1994.
ATTEST:
Cfty Ci~rk~
First Reading May 17~ 1994
Second Reading June 7~ 1994
- 2 - Ord. No. 29-94