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50-88 .... / Located north of Linton ~vd, south of S.~. 10th St.,'east of inteTstate 95, and WeEk of Germantown Ii,PROVED AND UNIMPROVED ORDINANCE NO. 50-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THREE PARCELS OF LAND LYING AND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS GENERALLY LOCATED NORTH OF LINTON BOULEVARD, SOUTH OF S.W. 10TH STREET, EAST OF INTERSTATE-95, AND WEST OF S.W. 8TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING ~HEREOF TO LI (LIGHT INDUSTRIAL) DISTRICT, IN PART, CF FACILITIES) DISTRICT, IN PART, AND R-lA (SINGLE FAMILY DWELLING) DISTRICT, IN PAST; PROVIDING A GENERAL REPEALER CSAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida passe~i the Delray Beach Enclave Act, Chapter 86-427, Laws of Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beach; and, WHEREAS, pursuant to the Delray Beach Enclave Act, the City of Delray Beach called for a referendum of those qualified electors within the City of Delray Beach and the enclaves that would be subject to annexation under the Act, with said referen- dum held on November 4, 1986, in conjunction with a general elec%i~[~,~or Palm Beach County, Florida' and ~ii~!!'NHEREAS, the referendum held on November 4, 1988, was apP~0 ia single majority vote of said qualified 'electors; WHEREAS, the City of Delray Beach' has prepared an Enclave Report outlining the City's plan for implementation of the Delray Beach Enclave Act, which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act; and, WHEREAS, the City ~f Delray Beach has heretofore been authorized to annex lands in accordance with the Delray Beach Enclave Act, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ection 1. That the City Council 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: The South Half of the West Half of Lot 22 (less 1-95 right-of-way), lying within Section 20, Township 46 South, Range 43 East; together with, The North Half of the West Half of Lot 23 (less 1-95 right-of-way), lying within Section 20, Township 46 South, Range 43 East; together with, Lots 3, 4, 5, 6, and 12, PLATT'S ACRES, according to the Plat thereof recorded in Plat Book 21, Page 47, of the Public Records of Palm Beach County, Florida; together with, Lots 7 and 8, Block A, SUNNY ACRES, according to the Plat thereof recorded in Plat Book 21, Page $3, of the Public Records of Palm Beach County, Florida; together with, Lots 1, 2, 3, and 4, Block B, SUNNY ACRES, according to the Plat thereof recorded in Plat Book 21, Page 63, of .the Public Records of Palm Beach County, Florida; together with, Lots 3, 4, 6, and 8, Block C, SUNNY ACRES, according to the Plat thereof recorded in Plat Book 21, Page 63, of the Public Records of Palm Beach County, Florida; together with, Lots 3, 5, 6, and 8, ESQUIRE SUBDIVISION, according to the Plat thereof recorded in Plat Book 23, Page 43, of the Public Records of Palm Beach County, Florida; together with, Lots 1, 2, 7, 8, 9, 10, and 11, PLATT'S ACRES, according to the Plat thereof recorded in Plat Book 21, Page 4?, of the Public Records of Palm. Beach County, Florida; -';~'~'%o~ether with, ~'"~'L~ts 5,'$, 8, 9, 10, and the West 23 feet of Lot 7, Block B, SUNNY ACRES, according to the Plat thereof recorded in Plat Book 21, Page 63, of the Public Records of Palm Beach County, Florida; together with, Lots 5 and 7, Block C, SUNNY ACRES, according to the Plat thereof recorded in Plat Book 21, Page 63, of the Public Records of Palm Beach County, Florida; together with, Lots 1, 2, 3, 4, 5, 6, and 7, Block D, SUNNY ACRES, according to the Plat thereof recorded in Plat Book 21, Page 63, of the Public Records of Palm Beach County, Florida; together with, The East Half of the West Half of Lot 30 lying West of Germantown Road, lying within Section 20, Township 46 South, Range 43 East. The subject property is generally located north of Linton Boulevard, south of S.W-. 10th Street, east of Interstate-95, and west of Germantown Road. The above described parcel contains a 23.84 acre parcel of land, more or less. - 2 - Ord. No. 50-88 The South 183 feet of the East Half of the West Half of Lot 30 lying East of the Plat of SUNNY ACRES (less the East 25 feet of the road right-of-way), lying within Section 20, Township 46 South. Range 43 East; together with, The South 158 feet of Lot 8, Block D, SUNNY ACRES, according to the Plat thereof recorded in Plat Book 21, Page 63, of the Public Records of Palm Beach County, Florida, The subject property is generally located at the northeast corner of the intersection of Germantown Road and Georgia Street, if extended eastward. The above described parcel contains a 1.72 acre parcel of land, more or les~. The South 76.18 feet of the North 324 feet of the East Half of the West Half of Lot SO, lying within Section 20, Township 46 South, Range 43 East; together with, The South 55 feet of the North 379 feet of the Westerly 127 feet of the East Half of the West Half of Lot 30, lying within Section 20, Township 46 South, Range 43 East; together with, - Southerly 85 feet of the North 482.64 of the East Half of the West Half of Lot ~less that part in DBlO29P416), lying within Section 20, Township 46 South,. Range 43 East; together with, That part of the South 107.75 feet of the North 431.75 feet of the East Half of the West Half of Lot SO in DBlO29P416 (less that part in OR1428P22), lying within Section 20, Township 46 South, Range 43 East; together- with, Part of the Southerly 94.46 feet of the North 418.46 feet of the East Half of the West Half of Lot 30 in OR1428P22, lying within Section 20, Township 46 South, Range 43 East; together with, The North 90 feet of the East Half of the West Half of Lot 30 lying East of Germantown Road, within Section 20, Township 46 South, Range 4S East; together with, The South 79.82 feet of the North 247.82 feet of the East Half of the West Half of Lot SO lying East of Germantown Road, within Section 20, Township 46 South, Range 43 East; together with, - S - Ord. No. 50-88 The South 78 feet of the North 168 feet of the East Half of the West Half of Lot 30 lying East of Germantown Road, within Section 20, Township 48 South, Range 43 East: together with, The North 55 feet of Lot 8. Block D, as in OR1902P1322. SUNNY ACRES, according to the Plat thereof recorded in Plat Book 21, Page 63, of the Public Records of Palm Beach County, Florida; together with, The South 55 feet of the North 110 feet of Lot 8, Block D, SUNNY ACRES, according to the Plat thereof recorded in Plat Book 21, Page 63, of the Public Records of Palm Beach County,'Florida; together with, The South 106 feet of the North 216 feet of Lot 8 (less that p~rt in DB1029P416), Block D, SUNNY ACRES, according to the ?lat thereof recorded in Plat Book 21, Page 63, of the Public Records of Palm Beach County, Florida; together.with, That part of Lot 8 in OR1428P22, Block D, SUNNY ACRES, according to the Plat thereof recorded in Plat Book 21, Page 63, of the Public Records of Palm Beach County. Florida; together with, Part of Lot 9 described as beginning at a Point 136.95 feet Northeasterly of the Southwest corner of Lot 9, thence NQrtheasterly along curve 86.11 feet, East - -~;8~75 feet, South 100 feet, West 72 feet, [~=thwesterly to Point of Beginning, ESQUIRE 'SUBDI¥ISION, according to the Plat thereof recorded in Plat Book 23, Page 43, of the Public Records of Palm Beach County, Florida; together with, Lot 9 (less the Northerly 100 feet and the Southerly 22 feet of the Westerly 119 feet), ESQUIRE SUBDIVISION, according to the Plat thereof recorded in Plat Book 23, Page 43, of the Public Records~ of Palm Beach County, Florida; together with, The Southerly 22 feet of the Westerly 119 feet of Lot 9 and the Northerly 38 feet~ of the Westerly 119 feet of Lot 12, ESQUIRE SUBDIVISION, according to the Plat thereof recorded in Plat Book 23, Page 43, of the Public Records of Palm Beach County, Florida; together with, Lot 12 (less the East 215 feet and the Northerly 38 feet of the Westerly 119 feet), ESQUIRE SUBDIVISION, according to the _Plat thereof recorded in Plat Book 23, Page 43, of the Public' Records of Palm Beach County, Florida; together with, - 4 - Ord. No. 50-88 The South 80 feet of the East 150 feet of Lot 12, ESQUIRE SUBDIVISION, according to the Plat thereof recorded in Plat Book 23. Page 43, of the Public Records of Palm Beach County, Florida; together with, The East 215 feet of Lot 12 {less the South 80 feet of the East 150 feet), ESQUIRE SUBDIVISION, according to the Plat thereof recorded in Plat Book 23, Page 43, of the Public Records of Palm Beach County, Florida; together with, Lot 13 (less the East 215 feet thereof), ESQUIRE SUBDIVISION, according to the Plat thereof recorded in Plat Book 23, Page 43, the Public Records of Pnlm Beach. County,?.':':~ii~~~~ Florida; together with, The East 200 feet of Lot 13, ESQUIRE SUBDIVISION, according to the Plat thereof recorded in Plat Book 23, Pag~ 43, of the Public Records of Palm Beach C¢~nty, Florida; together with, The South 31.25 feet of the East 200 feet of Lot 14 and the North 31.25 feet of the East. 200 feet of Lot 15. ESQUIRE SUBDIVISION, according to 'the Plat thereof recorded in Plat Book 23, Page 43, of the Public Records of Palm Beach County, Florida; together with, The West 15 feet of the East 215 feet of Lots ~ ~.~13, 14, 15, and 16 as in OR1766P929, ESQUIRE ~OBDIVISION, according to the Plat thereof '.j:~,~eorded in Plat Book 23, Page 43, of the ~~blic ReCords of Palm Beach County, Florida;' '*~-:~:~ogether with, The North 60 feet of the East 200 feet of Lot 14, ESQUIRE SUBDIVISION, according to the Plat thereof recorded in Plat Book 23, Page 43, of the Public Records of Palm Beach County, Florida; together with, Lot 14 (less the' East 215 feet thereof), ESQUIRE SUBDIVISION, according to the Plat thereof recorded in Plat Book 23, Page 43, of the Public Records of Palm Beach County, Florida; together with, Lot 15 (less the East 215 feet thereof), ESQUIRE SUBDIVISION, according to the Plat thereof recorded in Plat Book 23, Page 43, of the Public Records of Palm Beach County, Florida; together with, The South 60 feet of the East 200 feet of Lo% 15, ESQUIRE SUBDIVISION, according to the Plat thereof recorded in Plat Book 23, Page 43, of the Public Records of Palm Beach County, Florida; together with, The East 200 feet of Lot 16. ESQUIRE SUBDIVISION, according to the Plat thereof ~d~d ~n Plat Book 23. Page 43, of the Public Records of Palm Beach County, Florida; together with, - $ - Ord. No. $0-88 Lot 16 (less the East 315 feet thereof), ESQUIRE SUBDIVISION, according to the Plat thereof recorded in Plat Book 23, Page 43, of the Public Records of Palm Beach County, Florida: together with. The West lO0 feet of the East 315 feet of Lot 16, ESQUIRE SUBDIVISION, according to the Plat thereof recorded in Plat Book 23, Page 43, of the Public Records of Palm Beach County, Florida. The subject property is generally located north of Linton Boulevard. south of S.W. 10th Street, east of Germantown Road, and west of S.W. 8th Avenue. The above described parcel contains a 8.58 acre parce~ of ],and, more or less. ~ That the boundaries ~.f the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tracts of land and said lar,,~$ are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. ~ That Section 30-23 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 LI (Light Industrial) as defined by existing ordinances of the City of Delray Beach, Florida. ~ That Section 30-23 Of the Zoning Code has been follgwed-in, the establishment of a zoning classification in ~his ord~:~nce and' the tract of land hereinabove described as Parcel "~T!f is hereby declared to be in Zoning District CF (Community Facilities) as defined by existing ordinances of the City of Delray Beach, Florida. ~ That Section 30-23 '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 "C" is hereby declared to be in Zoning District R-lA (Single Family Dwelling) as defined by existing ordinances of the City df Delray Beach, Florida, ~e~ 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. ~ That this annexation of the subject proper- ty, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current require- ments and conditions. ~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. - 6 - Ord. No. 50-88 ~ That should any section or provision of this ordinance or anz 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, · ~~_1~ 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 28th day of June , 1988. ATTEST: First Reading May 24~, 1988 Second Reading June 28~ 1988 - 7- Ord. No. 50-88 l:llLq# TEN THtlqO ADO. 6 2t ~. 63 ~ '~ ~TION/~O~