47-90 ORDINANCE NO. 47-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH SIX (6) PARCELS OF LAND LYING AND BEING IN
SECTION 13, TOWNS HIP 46 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED NORTH OF WEST ATLANTIC AVENUE ON THE EAST SIDE
OF MILITARY TRAIL, LYING NORTH OF THE L-33 CANAL;
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 GC (GENERAL
COMMERCIAL) DISTRICT, IN PART, AND AG (AGRICULTURAL)
DISTRICT, IN PART; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Pebb Enterprises is the fee simple owner of the North
.~alf (N 1/2) of the Southwest Quarter (SW 1/4) of the Southwest Quarter
(SW 1/4) of the Northwest Quarter (NW 1/4), less road and additional
road rights-of-way and the East 305 feet, and the West 15 feet of the
South 44 feet of the East 305 feet of the North Half (N 1/2) of the
Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4), containing 2.46 acres, more or less; and,
WHEREAS, Grace Everett is the fee simple owner of the North
Half (N 1/2) of the West Half (W 1/2) of the South Half (S 1/2) of the
Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4), less the westerly 23 feet additional State
Road 809 right-of-way, and the Easterly 40 feet of the North Half (N
1/2) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4)
of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4),
containing 1.43 acres, more or less; and,
WHEREAS, Grace Everett is the fee simple owner of the South
Half (S 1/2) of the West Half (W 1/2) of the South Half (S 1/2) of the
Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4), less the westerly 23 feet additional State
Road 809 right-of-way, containing 1.27 acres, more or less; and,
WHEREAS, Grace Everett is the fee simple owner of the North
Half (N 1/2) of the Southeast Quarter (SE 1/4) of the Southwest Quarter
(SW 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW
1/4), less the westerly 40 feet thereof, containing 1.19 acres, more or
less; and,
WHEREAS, Grace Everett is the fee simple owner of the South
Half (S 1/2) of the Southeast Quarter (SE 1/4) of the Southwest Quarter
(SW 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW
1/4), containing 1.35 acres, more or less; and,
WHEREAS, Florida Power and Light Company is the fee simple
owner of the East 305 feet of the North Half (N 1/2) of the Southwest
Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the Northwest
Quarter (NW 1/4), less the west 15 feet of the south 44 feet, containing
2.43 acres, more or less; 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 City Code Section 173.886
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 1. 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
lie contiguous to said City to-wit:
PARCEL "A"
The North Half (N 1/2) of the Southwest Quarter (SW
1/4) of the Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4), less road and additional
road rights-of-way and the East 305 feet, and the West
15 feet of the South 44 feet of the East 305 feet of
the North Half (N 1/2) of the Southwest Quarter (SW
1/4) of the Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4), containing 2.46 acres,
more or less (Tax No. 00424613000003020); together
with,
The North Half (N 1/2) of the West Half (W 1/2) of the
South Half (S 1/2) of the Southwest Quarter (SW 1/4)
of the Southwest Quarter (SW 1/4) of the Northwest
Quarter (NW 1/4), less the westerly 23 feet additional
State Road 809 right-of-way, and the Easterly 40 feet
of the North Half (N 1/2) of the Southeast Quarter (SE
1/4) of the Southwest Quarter (SW 1/4) of the Southwest
Quarter (SW 1/4) of the Northwest Quarter (NW 1/4),
containing 1.43 acres, more or less (Tax No.
00424613000003092); together with,
The South Half (S 1/2) of the West Half (W 1/2) of the
South Half (S 1/2) of the Southwest Quarter (SW 1/4)
of the Southwest Quarter (SW 1/4) of the Northwest
Quarter (NW 1/4), less the westerly 23 feet additional
State Road 809 right-of-way, containing 1.27 acres,
more or less (Tax No. 00424613000003170)
PARCEL "B"
The North Half (N 1/2) of the Southeast Quarter (SE
1/4) of the Southwest Quarter (SW 1/4) of the South-
west Quarter (SW 1/4) of the Northwest Quarter (NW
1/4), less the westerly 40 feet thereof, containing
1.19 acres, more or less (Tax No. 00424613000003090);
together with,
The South Half (S 1/2) of the Southeast Quarter (SE
1/4) of the Southwest Quarter (SW 1/4) of the South-
west Quarter (SW 1/4) of the Northwest Quarter (NW
1/4), containing 1.35 acres, more or less (Tax No.
00424613000003091); together with,
- 2 - Ord. No. 47-90
The East 305 feet of the North Half (N 1/2) of the
Southwest Quarter (SW 1/4) of the Southwest Quarter
(SW 1/4) of the Northwest Quarter (NW 1/4), less the
west 15 feet of the south 44 feet, containing 2.43
acres, more or less (Tax No. 00424613000003160)
The subject property is located north of West Atlantic
Avenue on the east side of Military Trail, lying north
of the L-33 Canal.
The above described parcels contain a 10.13 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 Section 173.886 of the Zoning Code 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 GC (General Commercial) as
defined by existing ordinances of the City of Delray Beach, Florida.
Section 4. That Section 173.886 of the Zoning Code has been
followed in the establishment of a zoning classification in this
ordinance and the tract of land hereinabove described as Parcel "B" is
hereby declared to be in Zoning District AG (Agricultural) as defined by
existing ordinances of the City of Delray Beach, Florida.
Section 5. 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 6. 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 7. That all ordinances or parts of ordinances in
conflict he~ew'ith be, and the same are hereby repealed.
Section 8. That should any portion 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 9. That this ordinance shall become effective
immediately upon passage on second and final reading.
- 3 - Ord. No. 47-90
PASSED AND ADOPTED in regular session on second and final
reading on this the 23rd day of October , 1990.
ATTEST:
Asst. City Clerk~
First Reading September 25, 1990
Second Reading October 23, 1990
4 Ord. No. 47-90
LOCATION MAP
· - se se ~ Boundary Subject Properties
The _ - -
FRANCES
~W~
.' 1
WEST ATLANTIC AVENUE sa-ec~
ORDINAH~ENO. 4'7-~O Quarter ~SW ~ fo the Northwest
BOCA RATON NEWS ,s CO.TlGUOUS T0 EX,STiNg ~U' t,e Sogthwes, Quit,er (SW 114~ of
DELRAY BEACH NEWS w~s, ATLANTIC AVENUE O~ THE ~ ri~t~f.~, ~ ,he [ssterl, ,0
BOYNTON BEACH NEWS ~,~,~ ~ ~ou~,~,~s so~,~.., ~ ...... ~s~ ,~,~ o,
Published Daily zo.,~ THEREO~ .0 GC
Mo~y th~ ~d~y TRICT ~N PART, AND AG W 112) of the South Half (S 1~) ~ t~:
BOO~ R~, ~m Be~oh ~o~y, F~o~id~ PART; ~ROVIDING A GENERA& S0~thwest Qgsrter (SW 114) fo t~j
Delray Beach, P~m Beach County, Florida A SAVING CLAUSE; PROVIDING AN
· T~TE OF FLORIDA o~ the soui~wes~ Quarter (SW U~) ct
COUNTY OF PALM BEACH ro~ ~.~ a~o.a~ ~
Before the ~ndersigned a~thority personally e~' ~ the North Half (NIl2) o( the Section g T~al the bounaari~ ~
appeared NANC~ WA~ who on oath says that she so,,,w.,, qgsrier {sw 1/4) ~ t~ ~ereby redefined to i~cluae S~ei~
is the Classified Advertising Manager of the Boca Jng2 ~acr~, more or less; a~, a~velands areOeScrlbedherebytraCtSdeclar~°f landto ~a~awi~
the c~porate ~imils o( the Ci~ ~
R~O~ ~ew8 ~d ~he De~y Be~oh ~ew~, d~y WHEREAS,simpJe ownerGrace0( the EvereHNorth HaM~(N l~ ~ ray Beach, Florida
newspapers published at Boca Raton in Palm o~ ,,~ w~t H.m, (w U~) ~ ~ ~
Be~ch CO~ty, Florida; ~h~ ~he ~t~ohed copy of (sw 114) of the Southwest ~ (~ ZoAng Code h~s gees (ollo~ iA t
advertisement was p~blished in said newspapers ,), less the westerly 23 (e~ ~ in hs ordinance anU he tract of
Stale Road ~ Fighi~f-w~. ~J thl ~ereina~ove aescr bed as Parcei
i~ the i~e~ o~: Easl~ly ~ f~t o( the N~ H~ (~' her~y declared to be )~ Z~J~g
1/21 of the Southeast Qua~r (SE l/~ trier GC CGeneral Commercial) as
fJn~ by extising ordinances ~ the C~
of he Southw~t Quarter (SW 1la) ~.
~ ~/~ the Southwest Oua~er (SW 1/4) ~ t' of ~lray Be,ch, F[ori0a,
west Quarter (SW 1/4) of the ~hw~ here~y eeclarea to be in Zomng
Quarter (SW 1/4) of t~ NoHhw~ trier AG [Agricultural) as ~efin~/
rlght~f-way, containing ~.27 acr~ na~
Affiant further says that the s~d Boca Raton WHIR[AS, Grace Ever.. is me ~ sub~ec, to ~1 Ct me ,r~c~i~,
News and DeMay Beach News are newspapers pub- o, the Southeast Qusrt~ ~SE )/'~ ' li~UiHes, ordinances ~nd 18~
lished at Boca Raton, in said Palm Beach County, ,~ ~u,hwes, Qg~rter (SW 11,)~ ~ w~ich Isnas i, the City o, ~
Sogthwest ~s~ter (SW 114) ~ ~ Beach sre now or m~M ~
Florida, Monday through Sunday, and have been ~o.hw~, ~u~.~r ~Nw 11,), lc. ~ ..~ ~er~ns resi~ing t~e~n
entered as second class mater at the post office in 1.19acres ..... or less;
~O~ ~O~ ~[~ ~ ~O~ ~O~ ~O~ ~ ~- WHEREAS,simple ownerGraCeof theEV~efl~th Haftis t~(s ~J ~ SecHon 6. That this ennexati~
~2Od O~ o~e ~e&~ Dez~ p~eoe~2nK ~e f~s~ p~b[~o&- o~ t~e Sou~he~s~ ~u~mr (SE U~ ~ ~o~s, ~ys, o~ t,~ ~i~, i~ any,
~ffl~n~ further says ~h~ she has neither paidnor ina 1.35acr~, more or ~s; and, olherw[se soecificaHy initiated ~y
~om~8~ ~y ~er~o~, f~m 0~ 00~0~0~ ~y ~- WHEREAS, Florida ~er and L~ anacond[tions
count, reb~e, com~smon or ~efund for ~he p~- ',";, E"' ~s f"' o~ ~ .mb ..,,~(. se~,~o. ,. T~, ~,* o~.c. o~
of the Sout~w~t ~ ~SW ~4) of ordinances in conflict herewit~
pose of securing ~hi~ ~dver~lsemen~ for pub~ca:ion the~ theNorthwes~SOUmW~tQuarterQUa~e(Nw(SWll4),llaJ~s ~ ~na the same are hereby repeaJed.
in said newspapers, the w~t ~5 feet of the ~uth ~ ~t, S~tion S That should any ~ct[~
~ ~ hereina~ d h ~ueste~ ~Y decision sha~l not aff~t the vaji~ ...... ....
_ come effective imm~ialely
WHEREAS, the subject property ~re sage on ~ond and final readi~.
//~ j~affer describ~ is now contiguo~ to
t~e cor~rete limits of the City of ~l- JuJl as r~uir~ ~y ~
Sworn to~d=s~bscrlbed before me thi~ ray Beach. thus making seJd parities the Cily Cha~er. T~ ~
and, oJ the City Clerk at the City
WHEREAS, the ~esignafion ~ a lorn da, from ~:~ A.M. ~ 5:~ P.M.,
day of , A.D., 19. ina cla~ificalioo is part of the annex- *By through Friday, exert ~1
alton pre.ding, and provisioas ¢ The Ci~ Commissi~ will ~t
CiW C~e Section 173.~ have been Commi~i~ Cham~ al ~
foll~ in establishing the pr~ on the 23rd day ~ ~, 1~
zoni~ignationa; and, 7:~ P.M. (or at any ~tinuati
WHEREAS, the City of Delray Be~ch missis), at which tJ~e ~ ~1
sex lands in accordance with ~tion interest~ will ~ gi~ an ~
per~n ~ ~rsons ~ ~
NOW, THEREFORE, BE JT OR- any d~ision made b~ ~ Ci~
~ Section 1, That the Cily CommissJ~ ~ the~ Dr~i~gs, e~ ~ th
~~~ ~5% ~ ~ the CiW ~ ~lray Beach' Palm Beach asuCh"verbatim ..... r~ordY'~ t,e ~
(Seal, Notary Public, ida at large) ' ~ County, Florida, her~y an.e~s $o is made. which r~d i~l~
1~1~!~1 CH~NE RiCH ,~ated in Palm Beach Coun., FI.i- ,imony and evid .... =n
da, which lie contiguous to sa~ CiH appeal is to be ba~. The City
~~~ provide or prep ...... h~
~ ~m ~ J~, ~ The North Half (N 112) of the Sout~ CITYOF DELRAY~
~ west Quarter (SW 114) of the So~tAli~ M~Gr~
Quarter [NW 114), J~s road a~ addi-
305 f~t, and the West 15 f~t of the DELRAY BEACH NEWS
South ~ f~t of the East ~5 feet ~ t~ BOCA RATON NEWS
North Half [N 112) fo the Somhw~t AD~133~ ~
¥ 'llYd