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Res 42-80 RESOLUTION NO. 42-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND TO BE ~NEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION CG (GENERAL COMMERCIAL) TO THE CITY'S ZONING CLASSIFICATION MI (MEDIUM INDUSTRIAL) DISTRICT. WHEREAS, the City of Delray Beach has received a request for annexation from Arthur W. Malernee, the owner of the following described property: A parcel of land in a portion of the Southeast Quarter of Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: commencing at the Northwest corner of the West one-half of the Northwest Quarter of the Northeast Quarter of the Southeast Quarter of said Section 18; said corner being in the centerline of right-of-way of Congress Avehue as now laid out and in use; thence run South 0°10'39'' East along said centerline and West line of the West one-half of the Northwest Quarter of the Northeast Quarter of the South- east Quarter of said Section 18 a distance of 455.06 feet to ' a point being in the Westerly extension of the Southerly right-of-way line of State Road No. S-806 as now laid out and in use; thence run North 55° 30'41" East along said Southerly right-of-way line a distance of 113.54 feet to the beginning of a curve concave to the Southeast having a radius of 1857.08 feet and a central angle of 8°45'17"; thence Northeasterly along the arc of said curve, through a central anale of 4°38'12'' , a distance of 150.28 feet to the point of beginning of the hereinafter described parcel; thence continue along the arc of said curve through a central angle of 4007'05'', a distance of 133.48 feet to a point on the East line of the West one-half of the Northwest Quarter of the Northeast Quarter of the Southeast Quarter of said Section 18; thence South 0009'39'' East, along said East line of the West one-half of the Northwest Quarter of the Northeast Quarter of the Southeast Quarter, a distance of 110.67 feet to a point in the Northerly right-of-way line of old State Road No. 806 (Atlantic Avenue and Delray West Road); thence South 49°35'21'' West along said Northerly right-of-way line, a distance of 128.48 feet to a point; thence North 8°51'39'' West, departing from said right-of-way line, a distance of 133.32 feet to the point of beginning subject to rights-of- way and easements of record and containing in all 0.320 acres more or less; and, WHEREAS, the City Council upon the favorable recommendation of the Planning and Zoning Board has considered this annexation request and approves annexation of the subject parcel; and, WHEREAS, in order for this parcel to be zoned to the City Zoning classification of MI (Medium Industrial) District upon annexation, it is necessary under Chapter 171.062 of the Florida Statutes for the City to request permission from the Board of County Commissioners of Palm Beach County, Florida, for the change in zoning of this parcel, which is currently zoned CG (General Commercial) in the County, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS. FOLLOWS: Section 1. That the City Council hereby requests permission from the Board of County Commissioners of Palm Beach County to rezone, when annexed, the property described above from CG (General Commercial) to MI (Medium Industrial) District which will result in an increase in the land use intensity allowed in such land. Section 2. That a certified copy of this resolution is being sent to each member of the Board of County Commissioners, the County Administrator and the Director of Planning, Zoning and Building. PASSED AND ADOPTED in regular session on this the 13th day of May , 1980. MAYOR~ LEON M. WEEKES ATTEST: City Clerk -2- Res. No. 42-80