35-91 ORDINANCE NO. 35-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH A 29.49 ACRE PARCEL OF LAND LYING AND BEING IN
SECTION 13, 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 NORTHEAST CORNER OF WEST ATLANTIC
AVENUE AND BARWICK ROAD; 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 CF (COM-~UNITY FACILITIES) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
W~EREAS, the School Board of Palm Beach County, a corporate
body politic pursuant to the Constitution of the State of Florida is the
fee simple owner of the property hereinafter described; and,
WHEREAS, the School Board of Palm Beach County has requested by
their petition 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 petition 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,
W~EREAS, 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:
PARCEL ~1: The West One-Half (W 1/2) of the East
One-Half (E 1/2) of the Northwest Quarter (NW 1/4) of
the Southeast Quarter (SE 1/4) of Section 13, Township
46 South, Range 42 East, containing 9.65 acres more or
less, in the County of Palm Beach and State of
Florida, excepting therefrom the right-of-way for
State Road S-806 as set forth in that certain deed
dated the 16th day of April 1964, recorded April 22,
1964, in Official Record Book 1015, ·Page 123 of the
Public Records of Palm Beach County, Florida.
PARCEL #2: The Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4) of Section 13, Township 46
South, Range 42 East, excepting therefrom the
right-of-way of State Road No. 806 and also Barwick
Road as now located, Palm Beach County, Florida
and
The Northwest Quarter (NW 1/4) of the Northwest
Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of
Section 13, Township 46 South, Range 42 East,
excepting therefrom the West 40 feet thereof as
conveyed to County of Palm Beach for right-of-way for
Barwick Road in Deed Book 1143, Page 198, Palm Beach
County, Florida.
The subject property is located at the northeast
corner of West Atlantic Avenue and Barwick Road.
The above-described parcels contain a .29.49 acre
parcel of land more or less.
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 tracts of land hereinabove
described are hereby declared to be in Zoning District CF (Community
Facilities) District as defined by existing ordinances of the City of
Delray Beach, Florida.
Section 4. 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 5. 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 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7. 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 8. 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 23rd day of April , 1991.
ATTEST:
~ity'~i~k /
First Reading March 26, 1991
Second Reading April 23, 1991
AN ORDINANCE OF THE OTY CO~-
' BEACH, FLORLDA, ANNEXING T0
THE CITY OF OELRAY BEACH A
29,49 ACRE PARCEL OF LAND LY-
m lNG AND BEING IN SECTION 13,
TOWNSHIP
EAST, PALM BEACH COUNTY,
FLORIDA, WHICH LAND IS CONTIG-
BOCA RATON NEWS uo~
L~TS 0F SAID C~TY; SAID LAND
NUE AND BARWIGK ROAD; ~EDE-
BOYNTON BEACH NEWS ~,,,,~
CITY T0 iNCLUDE SAID LAND;
Published
Daily o~ .0 c~ ~c0~u.~ ~c~u-
Monday thru Sunday PROVIDING A SAVING CLAUSE;
BO0~ R~bO~, P~m Be~oh ODdity, F~o~id~ PROVIDING AN EFFECTIVE DATE
Delray Beach. Palm Beach County, Florida ~,
STATE
OF
WHEREAS, the Scho01 ~oar~ of Pslm
COUNTY OF :PALM BEACH ~e~c~ coun,~
Before the undersigned authority personally p~,.m~.
appeared NANCY WATT who on oath says that she ~.~s. ,~
is the Classified Advertising Manager of the Boca ~n~,,~
Raton News and the Delray Beach News. daily ray Beach, thus making said petition
newspapers published at Boca Raton in Palm
Beach County. Florida; that the at~ched copy of w.s~E~s, rne designation of ~ zon-
~d~iaem~g w~8 p~b~iah~d i~ 8~id ~wa~p~8 ation proceeaing, aaa provisions
in the issues of: ter TWO have been fomtowed in estab-.
Affiant further says that the said Boca Raton es tosaidCltythefolJowingaescribed
~ews and De~ay Beach News are newspapers pub- ~,o~i~, which I~es contiguous t0 sBid
lished
at
Boca
~, i~ ~id ~m Be~oh ~ ~wr~O~, ~ ~lJ Th~ West On~HsIf (W 1/
Florida, Monday through Sunday, and have been ~ 0, ,,e E~s, One Haft (E ,~} of the
entered as second class matter at the post office in Southeast Querier (SE ]/,~ of S~tion
BOO~ R~O~, P~m B~oh ~o~t~ F~o~id~, fo~ ~ pc- containing 9.65 acres more or less~
~iod DE O~e ye~ ~e~ p~o~dil~g th~ fi~g p~b]lo~- F~orida, excepting therefrom the
~io~ O~ ~h~ ~t~oh~d Dopy of ~dv~i~; ~d form in that certain ~ aalea me
affiant f~Fthe~ 8a~s that she has Deithe~ p~id ~o~ ~z ~,
promised ~y person, f~m oF oorpo~tio~ &~y dis- P~mm~e~ch
Oo~t, ~b~, oo~m~io~ o~ ~f~d fo~ th~ ~- ~[~ ~: The Southwest ~ua~er~
pose of 8eo~riD~ this ~dveFtisem~t for p~blioatio~ (~w u,) of sec~io,
i~ ~id ~W~p~p~. from me rig~t~(.wav of Store
/ thereof ....... yed to Coun~ ~ Pat~
Sworn t subscribed before me this ~,~ ~e~
day of . A.D.. 19 ,~e and Barw~ck Ro~a
City ~ Defray Beach, Florida, are
/ / hereby redeflnea to incluae therem the
/~ / ., land .... hereby decl,red to be within
CIlAg.NE RICH ,~,~ ~,~i,,c.~o~
(Seal, Notary Pub zo.,.~ 0[strict CD
My Commission ex bites . 19 Fl id,..
~ ~ ~ ..... ~' r NO~~ Of ANNEXATION/ZONING
~ M, ' I~OT~ ge ~NIMX~?IO#tZOI~eG
· iM MIMN&I~ NO, 3S-9'[ 01~14~ NO.
AN ORDINANCE DF THE CITY COMMISSION OF THE C~TY OF DELRAY
MJ JJ~,II~J~E OF THE ~IT~ ~J~ ~1~ CITY ~J: JJJ,;I~Y AN ORDINANCE OF THE CITY CO~MISS~ON OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CiTY OF DEL~AY BEACH A
~ ~ ANNG~NG ~ ~L'~ ~ ~ ~ A ~ BEACH' FLORIDA' ANNEXING TO THE CiTY OF DELRAY BEACH ~ 2949 ACRE PARCEL OF LAND LYING AND BEING IN SECTION 13, TOWNSHIP
~ ~ OF ~ND ~YI~ ~ ~ J J ~ ACRE PARCEL OF LAND LYING AND BEING JN SECTION 13, TOWNSHtP 46 SOUTH, RAHGE 62 EAST, PAL~ BEACH COUNTY FLORIDA, WHICH LAND
~ ~ Q E~T, PA~ ~'~' ~' ~ LAND SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND I$ CONTIGUOUS TO EXISTING MUNICIPAL LiMiTS OF SAID CITY; SAID
J ~S TO ~ISTI~ MYNIClPAL LIMITS OF ~ID CITY; ~lO IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAiD CITY
~ ~TED AT THE NORTHEAST CORNER OF WEST ATLANTIC LAND IS LOCATED AT THE NORTHEAST CORNER OF WEST ATLANTIC
~ J B~WICK ROAD; REDEFINING THE BOUNDARIES OF LAND IS LOCATED AT THE NORTHEAST CORNER OF WEST ATLANTIC AVENUE AND BARW)CK ROAD, REDEFiNiNg THE BOUNDARIES
AVENUE AND BARWICK ROAD; REDEFINING THE BOUNDARIES OF SAiD C~TY FO iNCLUDE SAiD LAND; PROVIDING FO~ THE RIGHTS AND
~ INCLU~ SAID ~ND; PROVIDING FOR THE RIGHTS AND SAID CITY FO iNCLUDE SAID LAND P~OWDING FOR THE R~GHTS 4ND O~LIGATIONS OF SAiD LAND; PROVIDING FOR THE ZONING THEREOF
~ ~lD ~O; PROVIDING FOR THE ZONING THEREOF OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO CF [COMMUNITY FACILITIES) DJSTRICT: PROVIDING A GENERAL
~'~'J~ITY FACILITIES) DISTRICT; PROVIDING A GENERAL TO CF (COMMUNITY FACILITIES) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
~~SE; PR~IDING A ~VING C~USE; PROVIDING AN REPEALE~ CLAUSE,' PROV,D,NGA SAV,NG CLAUSE, P~OV,DIN~ AN EFFECT(VEDATE,
, · EFFECTIVE DATE,
MAP FURTHER DESCRIBING THE PROPERTY TO BE ANNEXED/
A ~ ~HER DESCRIBIK THE PROPERTY TO BE ANNEXE~ A MAP FURTHER DESCRIBING THE PROPERTY TO BE ANNEXED/ ~ONED~SSHOWNBELOW:
~N EELOW: ZONED iS SHOWN BELOW:
T~ a~ve ordinance is publisflee as r~uired by State Law, T~ ~r~ ~i.
T~ ~ve mel~e ~ ~i~ as r~uir~ by State ~w. T~ ~ ~ The ~ve ordinance is published as required by State Law The proposed orai~.~ ne ce and complete Jegat description of the property to be annex~z~ may
na~e ~ ~e~l ~i~ ~ ~ ~ ~ ~ ~nex~ ~ hence and complete tegaJ d~cri~ffon of t~e properly to be annexed/zoned meV ,~ be in~ected at the Office of the C~ty Clerk at the City Hall, 1~ N.W. 1st Av~ue,
be tm~ ~ ~ ~ ~ ~ CiH C~R et ~ Ci~ HaH, I~ N.W. 1~ A~ ~ ins~t~ at the Office ~ the City C/ark at the City Hal/, 100 N.W ist Avenue,,~ Delray Beach, F~odoe, from ~:~ A.M t~ 5:~ PM, ~dey t~r~h Pdde~,
~lray ~, F~ia, ~ 8:~ A.M. ffi S:~ P~., ~ay ~ F~, ~ Delray BeKh, Florida, from 8:~ AM to 5:~ P.M., ~onday through Friday, ex-; cegt holidays, The City Commission wil~ meet in the Commission Cham~rs at
c~ ~i~ ~ CI~ ~mi~ will m~ i~ ~ ~mi~i~ C~ copt hofid8ys, The City Commission wilJ meet m the Commission Cham~ ~. t~e C~ty Hall on the23~ ~a~ el ~1.1~1~ et h00 P.M. (or at any continuation
~ Ci~ ~Jl ~ ~ M ~ ~ J~ at 7:~ P.M. (~ at any c~ ~e City Hail on the~re a~ of &~ll~ 1~% at 7:~ PM. (or at any confinuatio~ of such meeHng w~ich ~s set by the Comm;ssion), et which tJ~e the
~ ~ ~ ~h ~ ~ ~ t~ ~m~i, et ~ ti~ ~ ~ ~ s~ch meeting which is set by the Commission), et which time the ordinanc~
will ~ ~ b~ tJ~ ~1~ ~ all ~ i~ will ~ ~v~ an ~ · will ~ re~ by title only and all ~r~ns interested will be given an opportunity
wil} ~ r~d by fine only end all ~rsons mteres eO w~)l ~e g~ven an opportunit~ to ~ heard. P/ease be advised that Jfa person or per,ns decides to appeaJ any
r ~ ~ ~r~' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ be heard. Please be advised that if a per~n or persons decides to appea~ an~ decision made by the City Comm~ion with respect to any ma~er consisted at
~ S~ ~ ~ ~ C~ C~ ~ ~ r~ ~ a~y ~ c~MM: ~Jsion maUe by the City COmmission with respect to any matter consJaere~ at this meeting or hearing, such per.ns will nee~ a record of these Dr~eedings,
which ~ ~1 is ~ ~ ba~. T~ CJ~ ~ ~t provi~ ~ prate s~h whic~ the ap~ai
~BLISHED: ~1 I,:~, Il & ~ ~1 PUBLISHED: ~il 1, 6. !5 & 22,199] ' THE NEWS
~ ~~ TN, NEW~ ~:' B~a.a~,ray6eac,/Boynt~Beach