Res 1045-57 RESOLUTION NO. 10~5
A RESOLUTION OF THE CITY COUNCIL OF TEE
CITY OF DELRAY BEACH, FLORIDA APPROVING
PLAT OF 3RD SECTION, TROPIC ISLE: APPROV-
ING ANI~EXATION OF SAID LANDS AND CONDITIONS
THEREOF; AND kPPROV//~G RESTRICTIVE COVE-
NANTS AND CONDITIONS.
WHEREAS, NORTH TROPIC IS~S, IIIC,, a Florida corpora-
tion, has heretofore filed its Petition for Annexation by the
City of Delray Beach, Florida on the lands therein described; and
WHEREAS , said NORTH TROPIC ISLES, INC. is the fee simple
title holder of the following described property located in Palm
Beach County, Florida, contiguous to the existing boundaries of
Delray Beach, more particularly described as:
Beginning at the intersection of the south
line of Tropic Isle 2nd Section, according
to the plat thereof recorded in Plat Book 24,
Page 246, Public Records of Palm Beach County,
Florida, with the westerly right of way line
of the intracoastal Water W'ay (for convenience
said south line of Tropic Isle 2nd Section is
assumed to bear East and West, and all bearings
are relative thereto); thence west along said
south line, a distance of 1160.68 feet; thence
S. 2° 01'~6" E., a distance of 1073.81 feet;
thence N. 89° 55'03" W., a distance of 380.22 feet
more or less, to a point in the west line of Span-
ish Trail as shown on the plat of First Addition
to Del-Raton Park, according to the plat thereof
recorded in Plat Book 24, Page 46; thence S.2° 47'53"
E. and along the said west line of Spanish Trail,
a distance of 64.64 feet, more or less, to the north-
east corner of Lot 3, Block l, of said First Add-
ition to Del Eaton Park; thence S. 87° 12'07" W.,
and along the north line of said Lot 3, Block l,
First Addition to Del Raton Park, 206.0 feet to the
east right of way line, of Florida Boulevard as shown
in Plat Book 24, Page 46; thence 1~. 2° 47'53" W.,
along said east right ofo way line, a distance of
75.0 feet; thence N. 89 54'57" W., a distance of
25.03 feet, more or less, to the east line of Del
Raton Park as shown on the plat recorded in Plat
Book 14, Pages 9 and 10, Public Records of Palm
B~ach County, Florida, also being the center line
of Florida Boulevard as shown in Plat Book 14,
Pages 9 and 10, and Plat Book 24, Page 46; thence
S. 2° 47'53" E., and along said center line of Flor-
ida Boulevard, a distance of 1073.05 feet; thence
N. 87° 12'07" E., a distance of 231.0 feet; thence
S. 2° 47'53" ~., a distance of 45-43 feet; thence
East, a distance of 1227.20 feet to a point of be-
ginning of a curve concave to the southwest, whose
radius is 75 feet with a central angle of 90° 33'30";
thence along the arc of said curve a distance of 118.54
feet to a p~int of tangency; thence S. ~o. 33'30" W.,
a distance of 11~.93 feet; thence S. 89° 26'30" E., a
distance of 125 feet to the westerly righ~t of way line
of the tntracoastal Waterway; thence N. 0~ 33'30"
E. along the said westerly right of way line
-l-
of the intracoastal Waterway a distance of
2268.24 feet; thence N. llv 04'08" W., a
distance of 1.gl feet to the point of begin-
ning ·
WHEREAS, it is considered by the City Council that
the inclusion of said premises within the corporate boundaries
of the City of Delray Beach under the conditions set out in
the Petition for Annexation above referred to is for the best
interests of the City; and
WHEREAS, NORTH TROPIC iS~S, INC. has presented to
this Council a plat of said premises proposed to be filed of
record entitled "3rd Section, Tropic Isle, Delray Beach, Florida"
and plans for the development of the property, which plat and
plans have been prepared by Brockway,Weber & Brockway, Engineers
of West Palm Beach, Florida, as Job 56-8~6 under date of October
2, 1956; and this Council deems said plat and plans to be satis-
factory and designed for the orderly development of the property
and for the protection of the health and welfare of the inhab-
itants thereof and the inhabitants of the City of Delray Beach.
NO~, THEREFO'~E, BE IT RESOLVED BY THE CI'IUff COUNCIL OF
T]~ CiTY OF DEAZqAY BEACH:
1. That the aforesaid plat and plans for the subdivis-
ion and development of the aforesaid property be and they are
hereby ratified and approved.
2. That the City boundaries shall be extended by ordin-
ance as provided by law to include said property, and that such
ordinance shall include and contain the following provisions:
(a) Said territory shall be annexed under the following
zoning regulations and conditions:
(1) Residence "R-1AA" District shall be applicable
to lots R'o. 245 through 406, inclusive, and lots 417 through 431,
inclusive;
(2) Residence "R-2" District shall be applicable
to lots No. 407 through 416, inclusive, which may be used for
duplex or two-family residences;
(3) That the set back requirements of said property
shall be as follows: 'No building or any part thereof, including
garages and porches, shall be erected on any lot closer than 25
feet to the front street line, or closer than 8~ feet to either
side lot line or closer than 15 feet to the rear lot line (pro-
vided, however, that in the case of corner lots the set-back from
the side street line shall not be less than 20 feet). Any build-
ing located on a waterfront lot shall be at least 25 feet from
the lot line abutting upon the waterway. Where one and a half,
two or more lots are acquired as a single building site, the side
lot lines shall refer only to the lot lines bordering the adjoin-
ing property owners. Such shall be permitted notwithstanding
the fact that the same may differ or deviate from the set back
requirements under the Zoning Ordinances of the City of Delray
Beach now existing.
(4} That due to the large amount of expenditures
by ~orth Tropic Isles, inc., necessary to make the said territory
usable, the City of Delray Beach shall not levy, assess, charge
-2-
or collect ad valorem taxes or any other type taxes on said
lands in excess of an annual tax of ten dollars ($10.00) per
residential lot as shown on said plat of the 3rd Section, Tro-
pic Isle, for ten years from the date of enactment of the ord-
inance. The same is resolved upon the condition, however,
that in the event any such lot is sold, transferred or other-
wise disposed of by North Tropic isles, Inc., to other persons,
firms or corporations, or in the event any building is constructed
on any lot aforesaid, then such lot shall be taxed in addition
to the limitations per lot aforesaid by said City in accordance
with the general taxing provisions of said City.
3. The water mains to be installed in said area (but
not the service connections to private property) shall become
the property of the City of Delray Beach, i~lorida, and said City
shall furnish water to the inhabitants of said property at the
same rates chs. rged to other water consumers in the City of Delray
Beach, Florida.
4- That the City of Delray Beach agrees to pay to Trop-
ical Isles Development Co., one hundred per cent. (100%) of the
water revenues received by the City from the lands shown on the
plat of 3rd Section, Tropic Isle,in accordance with and under the
limitations provided in the "Petition for Annexation by the City
of Delray Beach, Florida" submitted by Tropical Isles Development
Co., as amended by "Amendment to Petition for Annexation by the
City of Delray Beach, Florida dated July 9, 1956; approved by
the City Council by Resolution No. lO18 adopted July 14, 1956.
5. The Mayor, City Clerk and City Engineer are here-
by authorized and directed to forthwith approve the plat of
3rd Section, Tropic Isle, as presented, subject, however, to the
conditions contained in this Resolution.
6. That the City of Delray Beach shall request the
Legislature of the State of Florida at its regular session in
1957 to validate by special act the ordinance referred to in
Section 2 hereof, and all the provisions hereof.
?. That the Reservations, Hestrictions and Covenants
set forth in the said Petition for Annexation by i~'orth Tropic
Isles, Inc. which are attached marked Exhibit "D" in said petition,
are hereby ratified, approved and affirmed.
PASSED in regular session this 8th day of A~ril ,
1957.
~,lay or
Attest:
· CT~y ~~