07-91 ORDINANCE NO. 7-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, LAND LYING AND BEING IN SECTION 14,
TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND
IS LOCATED AT THE NORTHWEST AND SOUTHWEST CORNERS
OF MILITARY TRAIL AND ATLANTIC AVENUE; REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING FOR THE ZONING THEREOF TO PC
(PLANNED COMMERCIAL) DISTRICT, IN PART, AND POC
(PLANNED OFFICE CENTER) DISTRICT, IN PART; AND GC
(GENERAL COMMERCIAL) DISTRICT IN PART; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of that part of the Northeast Quarter (NE 1/4) of
the Southeast Quarter (SE 1/4) lying South of the L-33 Canal, West
of State Road 809 and North of State Road 806 Rights-of-Way (less
the West Half (W 1/2) of the Northwest Quarter (NW 1/4), Northerly
620 feet of Easterly 615 feet, that part as in OR 3749 Page 829,
(K/A L-1 Thru L-8 and Easterly 3 feet of State Road 809
Right-of-Way); and,
WHEREAS, Delray Executive Square LTD. is the fee simple
owner of the West Half (W 1/2) of the Southeast Quarter (SE 1/4) of
the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4)
(less State Road 806 right-of-way); and,
WHEREAS, Allen William T., Sr. and W. A. Mayton and Bobby
L. Moore are the fee simple owners of East 166.41 feet of the North
262 feet of the East Half (E 1/2) of the Northwest Quarter (NW 1/4)
of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4),
(less the North 30 feet of State Road 806); and,
WHEREAS, Delray Beach Joint Venture Firestone is the fee
simple owner of the Easterly 133 feet of the West 155 feet of the
North 240.91 feet lying South of State Road 806 right-of-way of East
Half (E 1/2) of Northwest Quarter (NW 1/4) of Southeast Quarter (SE
1/4) of Southeast Quarter (SE 1/4); and,
WHEREAS, BP Oil, Inc. is the fee simple owner of the West
25.49 feet of the East 220 feet of the North 192.20 feet and a
triangular part of the East Half (E 1/2) of the Northeast Quarter
(NE 1/4) of the Southeast Quarter (SE 1/4) of the Southeast Quarter
(SE 1/4) as in OR 4462 Page 1034 (less the North 39.55 feet of State
Road 806 and the East 40 feet of State Road 809 road rights-of-way)
in Section 14, Township 46 South, Range 42 East; and,
WHEREAS, Service Station Realty, Inc. is the fee simple
owner of the Westerly 121.51 feet of the Easterly 191.51 feet of the
North 192.20 feet of the East Half (E 1/2) of the Northeast Quarter
(NE 1/4) of the Southeast Quarter (SE 1/4) as in OR 6307 Page 1971
(less the North 39.59 feet State Road 806 road right-of-way); and,
WHEREAS, Florida Coast Land Assoc., LTD. is the fee simple
owner of the East Half (E 1/2) of the Southeast Quarter (SE 1/4) of
the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4)
(less State Road 806 right-of-way); and,
WHEREAS, Sun First National of Palm Beach County is the
fee simple owner of the Westerly 334.47 feet of the Northerly 251.02
feet of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE
1/4) (less the Northerly 21.02 feet State Road 806 right-of-way);
and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the North 197 feet of the East 220 feet of the
South 610 feet of that part of the Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) lying West of State Road 809 and North of
State Road 806 road rights-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the North 148 feet of the South 413 feet of the
East 220 feet of that part of the Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) lying West of State Road 809 and North of
State Road 806 road rights-of-way (less the Easterly 2.50 feet of
State Road 809 right-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the South 220 feet of the East 200 feet of that
part of the Northeast Quarter (NE 1/4) Southeast Quarter (SE 1/4)
lying West State Road 809 and North of State Road 806 road rights-
of-way (less the Westerly 5 feet and Southeast triangle corner of
State Road 809 road right-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the South 240 feet of the West 153 feet of the
East 353 feet of that part of the Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) lying West of State Road 809 and North of
State Road 806 road rights-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the South 240 feet of the West 152 feet of the
East 530 feet and North 220 feet of the South 240 feet of the West
20 feet of the East 550 feet of that part of the Northeast Quarter
(NE 1/4) of the Southeast Quarter (SE 1/4) lying West of State Road
809 and North of State Road 806 road rights-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the South 187.99 feet of the West 220 feet of
the East 830 feet of that part of the Northeast Quarter (NE 1/4) of
the Southeast Quarter (SE 1/4) lying West of State Road 809 and
North of State Road 806 road rights-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the South 161.33 feet of the West 174.06 feet of
the East 1004.06 feet of that part of the Northeast Quarter (NE 1/4)
of the Southeast Quarter (SE 1/4) lying West of State Road 809 and
North of State Road 806 road rights-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the South 161.57 feet of the West 196.42 feet of
the East 1226.02 feet of that part of the Northeast Quarter (NE 1/4)
of the Southeast Quarter (SE 1/4) lying West of State Road 809 and
North of State Road 806 road rights-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the Northerly 620 feet of the Easterly 615 feet
of that part of the Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) lying West of State Road 809 and South of and
adjacent to the L-33 Canal right-of-way; and,
WHEREAS, Delray Beach Joint Venture is the fee simple
owner of the East Half of the Northwest Quarter (NW 1/4) of the
Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) lying
South of State Road 806 (less the Easterly 133 feet of West 155
feet of the North 240.91 feet and the East 166.41 feet of the North
262 feet); and,
WHEREAS, Service Station Realty, Inc. is the fee simple
owner of the South 108 feet of the North 298 feet of the West 122.66
feet of the East 192.66 feet of the Southeast Quarter (SE 1/4) of
the Southeast Quarter (SE 1/4) of Section 14, Township 46 South,
Range 42 East; and,
ORD. NO. 7-91
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WHEREAS, Boca Raton Yacht and Tennis Club is ~he ~ee
simple owner ot Breezy Acres Lot ! (less State Road 806 right-
of-way; and,
WHEREAS, Boca Raton Yacht and Tennis Club is the fee
simp!e owner of Breezy Acres Lot 2 ~iess State Road 806 right-of-
way; and,
WHEREAS, Boca Raton Yacht and Tennis Club is the fee
simple owner of Breezy Acres Lot ~ (less State Road 806 rlght-o~-
way; and,
WHEREAS, Boca Raton Yacht and Tennis Club is the fee
simple owner of Breezy Acres Lot 4 (!ess State Road 806 right-of-
way; and,.
WHEREAS, Berlinger Hande!s-Und is the fee simple owner of
the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of
the Southeast Quarter (SE 1/4) (less road rights-of-way ~or Military
Trail and Delray Road West and North 176.53 feet of the East 207.52
feet and the South 61.47 feet of the North 238 feet of the East
122.66 feet) in Section 14, Township 46 South, Range 42 East; and,
WHEREAS, Beriinger Handels-Und is the fee simple owner of
the South i76.53 feet of the North 236.53 feet of the West 84.86
feet of the East 277.27 feet (less the North 152.65 feet of the East
28.49 feet) of the Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 14,
Township 46 South, Range 42 East; and,
WHEREAS, the fee simple owners as hereinabove named have
requested by their petitions to have the property hereinafter
described annexed into the municipal limits of the City of Delray
Beach; and,
WHEREAS, the subject property hereinafter described is now
contiguous to the corporate limits of the City of Delray Beach, thus
making said petitions for annexation effective at this time; and,
WHEREAS, the designation of a zoning classification is
part of the annexation proceeding, and provisions of Land
Development Regulations Chapter Two have been followed in
establishing the proposed zoning designation; 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 I. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described lands located in Palm Beach County, Florida,
which lies contiguous to said City to-wit:
PARCEL
That part of the Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) lying South of the L-33
Canal, West of State Road 809 and North of State
Road 806 Rights-of-Way (less the West Half (W 1/2)
of the Northwest Quarter (NW 1/4), Northerly 620
feet of Easterly 615 feet, that part as in OR 3749
Page 829, (K/A L-1 Thru 1-8 and Easterly 3 feet of
State Road 809 Right-of-Way): together with,
ORD. NO. 7-91
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East 166.41 feet of the North 262 feet of the East Half (E
1/2) of the Northwest Quarter (NW 1/4) of the Southeast
Quarter (SE 1/4) of the Southeast Quarter (SE 1/4), (less
the North 30 feet of State Road 806); together with,
The Easterly 133 feet of the West 155 feet of the North
240.91 feet lying South of State Road 806 right-of-way of
East Half (E 1/2) of Northwest Quarter (NW 1/4) of
Southeast Quarter (SE 1/4) of Southeast Quarter (SE 1/4);
together with,
The North 197 feet of the East 220 feet of the South 610
feet of that part of the Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) lying West of State Road 809
and North of State Road 806 road rights-of-way; together
with,
The North 148 feet of the South 413 feet of the East 220
feet of that part of the Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) lying West of State Road 809
and North of State Road 806 road rights-of-way (less the
Easterly 2.50 feet of State Road 809 right-of-way;
together with,
The South 220 feet of the East 200 feet of that part of
the Northeast Quarter (NE 1/4) Southeast Quarter (SE 1/4)
lying West State Road 809 and North of State Road 806 road
rights- of-way (less the Westerly 5 feet and Southeast
triangle corner of State Road 809 road right-of-way;
together with,
The South 240 feet of the West 153 feet of the East 353
feet of that part of the Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) lying West of State Road 809
and North of State Road 806 road rights-of-way; together
with,
The South 240 fee of the West 152 feet of the East 530
feet and North 220 feet of the South 240 feet of the West
20 feet of the East 550 feet of that part of the Northeast
Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) lying
West of State Road 809 and North of State Road 806 road
rights-of-way; together with,
The South 187.99 feet of the West 220 feet of the East 830
feet of that part of the Northeast Quarter {NE 1/4) of the
Southeast Quarter (SE 1/4) lying West of State Road 809
and North of State Road 806 road rights-of-way; together
with,
The South 161.33 feet of the West 174.06 feet of the East
1004.06 feet of that part of the Northeast Quarter (NE
1/4) of the Southeast Quarter (SE 1/4) lying West of State
Road 809 and North of State Road 806 road rights-of-way;
together with,
The South 161.57 feet of the West 196.42 feet of the East
1226.02 feet of that part of the Northeast Quarter (NE
1/4) of the Southeast Quarter (SE 1/4) lying West of State
Road 809 and North of State Road 806 road rights-of-way;
together with, ~
The Northerly 620 feet of the Easterly 615 feet of that
part of the Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) lying West of State Road 809 and South of
and adjacent to the L-33 Canal right-of-way; together
with,
ORD. NO. 7-91
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The East Half of the Northwest Quarter (NW 1/4) of the
Southeast Quarter (SE 1/4) of the Southeast quarter (SE
1/4) lying South of State Road 806 (less the Easterly 133
feet of West 155 feet of the North 240.91 feet and the
East 166.41 feet of the North 262 feet); together with,
The Northeast Quarter (NE 1/4) of the Southeast Quarter
(SE 1/4) of the Southeast Quarter (SE 1/4) (less road
rights-of-way for Military Trail and Delray Road West and
North 176.53 feet of the East 207.52 feet and the South
61.47 feet of the North 238 feet of the East 122.66 feet)
in Section 14, Township 46 South, Range 42 East; together
with,
The South 176.53 feet of the North 236.53 feet of the West
84.86 feet of the East 277.27 feet (less the North 152.65
feet of the East 28.49 feet) of the Northeast Quarter (NE
1/4) of the Southeast Quarter (SE 1/4) of the Southeast
Quarter (SE 1/4) of Section 14, Township 46 South, Range
42 East.
PARCEL "B"
The West Half (W 1/2) of the Southeast Quarter (SE 1/4) of
the Northwest Quarter (NW 1/4) of the Southeast Quarter
(SE 1/4) (less State Road 806 right-of-way); together
with,
The Westerly 334.47 feet of the Northerly 251.02 feet of
the Southeast Quarter (SE 1/4) of the Southeast Quarter
(SE 1/4) (less the Northerly 21.02 feet State Road 806
right-of-way); together with,
Breezy Acres Lot 1 (less State Road 806 right- of-way);
together with,
Breezy Acres Lot 2 (less State Road 806 right-of- way);
together with,
Breezy Acres Lot 3 (less State Road 806 right-of- way);
together with,
Breezy Acres Lot 4 (less State Road 806 right-of- way).
PARCEL "C"
The West 28.49 feet of the East 220 feet of the North
192.20 feet and a triangular part of the East Half (E 1/2)
of the Northeast Quarter (NE 1/4) of the Southeast Quarter
(SE 1/4) ef the Southeast Quarter (SE 1/4) as in OR 4462
Page 1034 (less the North 39.55 feet of State Road 806 and
the East 40 feet of State Road 809 road rights-of-way) in
Section 14, Township 46 South, Range 42 East; together
with,
The Westerly 121.51 feet of the Easterly 191.51 feet of
the North 192.20 feet of the East Half (E 1/2) of the
Northeast Quarter (NE 1/4) of the Southeast Quarter (SE
1/4) as in OR 6307 Page 1971 (less the North 39.59 feet
State Road 806 road right-of-way); together with,
The South 108 feet of the North 298 feet of the West
122.66 feet of the East 192.66 feet of the Southeast
Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of
Section 14, Township 46 South, Range 42 East; together
with,
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The East Half (E 1/2) of the Southeast Quarter (SE 1/4) of
the Northwest Quarter (NW 1/4) of the Southeast Quarter
(SE 1/4) (less State Road 806 right-of-way).
Section 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described tracts of land and said lands are hereby declared to
be within the corporate limits of the City of Delray Beach, Florida.
Section 3. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land hereinabove
described as Parcel "A" is hereby declared to be in Zoning District
PC (Planned Commercial) as defined by existing ordinances of the
City of Delray Beach, Florida.
Section 4. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classlficatien in this ordinance and the tract of land hereinabove
described as Parcel "B" is hereby declared to be in Zoning District
POC (Planned Office Center) as defined by existing ordinances of the
City of Delray Beach, Florida.
Section 5. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of ].and hereinabove
described as Parcel "C" is hereby declared to be in Zoning District
GC (General Commercial) as defined by existing ordinances of the
City of Delray Beach, Florida.
Section 6. 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
and persons residing thereon shall be deemed citizens of the City of
Delray Beach.
Section 7. 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 8. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 9. 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 10. That this ordinance shall become effective
immediately upon passage on second and final reading.
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