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Res 1018-56 f~E[~OLUFION NO. 1018 A i~ESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELi~/IY BE..%CH, FLOgIDA %nr!EPEAS, TROPICAL ISLE D~m/~,OPkENT CO. did on 3uly 2, 1956, file its Petition for Annexation by the City of Delray r~eac.t involving certain lands therein described; and '.~E3~6o, T~PICAL I~I,z D~mfELOP~iENT CO. did on 3uly 10, 1956, file an Amendment to Petition for Annexation by the City of Delray Beach involving said lands; and ?~;iENEAS, TROPICAL ISLE DEV!~OP~ENT CO. is the fee simple title hold~? of the following described property located in Palm Beach Country, Florida, more particularly described as follows, to-wit: g trac~ of land lying and being in Section 28, Townshio ~6 South, Range 4~ East, Palm Beach County, Florida, more oarticu!arly described as follows, to-wit: Beginning a% the intersection of a line parallel to, and 173 feet southerly (measured at right angles) from the south line of Tract 6 of the Revised Plat of Portions of Sections 28-~9, Twp. 46 S., Rge. 43 E., according to the plat thereof recorded in Plat Book 18, Page 58, public records of Palm Beach County, Florida, with the westerly right of way line of the Intracoastal Waterway (for convenience said parallel line is assumed to bear East and West, and all other bearings are relative thereto), thence west along said parallel line, a distance of 12F9.27 feet; thence Jouth a distance of ~5 feet; thence S. ?5° 24' 15" W., a distance of 115.24 feet; thence S. 2o 16' 10" E., a distance of ~?.06 feet; thence S. 8?© 43' 50" W., a distance of 174.67 feet; thence N. ~o 47' 5~" W., a distance of 8.15 feet; thence S. 8?° 12' 07# W., a distance of 140 feet, more or less, to the east line of Del-Raton Park, according to the plat thereof recorded in Plat Book 14, pages 9 and 10, public records of Palm Beach County, Florida; thence N. 2° 47' 53" W. along ~aid east line of Del-~aton Park, a distance of ~63.84 feet, more or less, to the northeast corner of Block 38 of sa:id Oel.-Raton Park; thence S. 89° 38' ~7" W. along ~he north line of said Block 38, a distance of 261.72 feet, more or less, to a point in the easterly right of ~¢ay line of S~s.t~ ~oad No. $ (U.S. Highway No. !) as shown on plats recorded in Road Plat Book 2, pages 73, 74 and 75, public records of Palm Beach County, Florida; thence northerly along said easterly right of way line of State ~oad No. 5 to a point in the north line of Tract 5 of said Revised Plat of portions of Sections 28-29; thertce N. 89° 58' 23" E. along north line of said Tract 5, a distance of 586.17 feot; thence N. ~o 49' ~" Wo, a distance of 346.38 feet, more or less, to the north line of Tract 3 of said Pevised Plat; thence N. 89° 57' 35" E. along the north line of said Tract 3, a distance of 1387.19 feet, more or less, to a point in said westerly righ~ of way line of the Intracoastal ..¥aterway; thence $. 0~ 36' 0" W. along said westerly right of way line, a distance of 1711.9~ feet, more or less, to -the point of beginning. and !~EREA~q, it is considered by the City Council that the inclusion stores; dressmaking shops; drug stores; dry cleaning, pressing, blocking and dyeing establishments; electric light and power companies; express companies; florists; garages for storage of automobiles in connection with hotels only; grocery stores, retail only; hospitals; ice cream parlors; jewelry shops; music stores; office buildings; photo shops and art galleries; post office substations; private clubs; professional offices; public stenographers; radio sales rooms; restaurants; retail stores and shops; sales and show rooms; schools, private or public; stationery and office equipment, retail; telegraph station; telephone office; theatres; watch rapairing; gasoline service stations and that said property be classified so as to be included in the type classifica- tion as defined and described in Ordinance No. G-175 of said City. Such shall be the zoning classification notwithstanding the fact that the same may differ or deviate from the business classifications now permitted in a "C-l" district by the Zoning Ordinances of Delray Beach. ~(b) That due to the large amount of expenditures by Tropical Isle Development Co. necessary to make the said territory inhabitable, the City of Delray Beach shall not levy, assess, charge or collect ad valorem taxes or any other type taxes on said lands in excess of an annual tax of ~10.00 per residential lot or in excess of ~50.00 for business lots "A" and "B" as shown on said plat of Tropic Isle for the term of ten years from the date of enactment of the ordinance. The same is resolved under the conditions, however, that in the event any such lot is sold, transferred or otherwise disposed of by Tropical Isle Development Co. 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 · ~rovisions of said City. (c) That the set back requirements of said property shall De as follows: "No building or any part thereof, including garages and porches, shall be erected on any lot closer than twenty-five (25) feet to the front street line, or closer than eight feet, six inches (8'6") to either side lot line or closer than fifteen (15) feet to the rear lot line (provided, however, that in the case of corner lots the set back from the side street line shall not be less than twenty (20) feet. Any building located on a waterfront lot shall be at least twenty-five (25) feet from the lot line abutting upon the waterway", although in some instances the same may differ or deviate from the set back requirements under the Zoning Ordinances of the CI[[7 OF DELP~Y BEACH. 3 (a) The water mains now under contract being installed in said area (but not the service connections to private property) shall forthwith become the property of the City of Delray Beach, Florida, and said City shall furnish water to the inhabitants of said property at the same rates charged to other water consumers in the City of Delray Beach, Florida. 3 (b) The water mains now under contract and being installed from the present main Municipal water supply line, which line is located at the intersection of S. E. ?th Stree~ and U. S. Highway No. 1 and shall upon completion of said contract run to the northwesterly corner of the proposed plat of Tropic Isle shall become ~he property of the City of Delray Beach, Florida, at the time said City has discharged its obligation to Tropical Isle Development Co. by the discharge or payment of the sum of ~!33,060.00 which sum shall be deemed satisfied, discharged and paid in full upon the happening of either one of the following conditions whichever be '[he sooner: (1) The total payment of such sum. (2) The refund payment of 100 per cent of the water revenue derived from the water sales to Tropic Isle users for a period of ten years from the date of the platting of said subdivision as a part of said City. 4:. The Mayor, City Clerk and City Engineer are hereby authorized and directed to forthwith approve the plat of Tropic Isle, as presented, subject to the conditions contained in this Resolution. 5. That the City of Delray Beach shall request the Legislature of the State of Florida ak i%s regular session in 1957 to validate by special act the ordinance referred to in Section 2 hereof and 511 the provisions thereof. 6 (a) It is agreed between the subdivider and the City of Delray Beach that the subdivider shall either annex or cause to be annexed the remainder of the property indicated in the sketch attached to the "Amendment to Petition for Annexation" filed with the City of Delray Beach and referred to above within three years from 3uly 9, 1956, which annexation plan, which shall be in keeping with representations contained in and evolving from the underlying intent behind the Petition for Annexation by the City of Delray Beach, Florida as amended and which future plan of annexation shall be in accordance with the general subdivision plat requirements of the City of Delray Beach, Florida. 6 (b) It is further agreed between the subdivider and the City of Delray Beach that in the event the subdivider fails to abide by and carry out the obligations on its part assumed in Section 6 (a) above and within the time limit contained in Section 6 (a) above, then in such an event all outstanding unpaid monetary obligations by this City involved in Section 3 (b) shall forthwith be deemed satisfied, discharged and paid in full. 7. That the reservations and restrictions set forth in Tropical Isle Development Co.'s Petition for Annexation as Amended which is ma~ked "Exhibit C" in said pet]lion is hereby rafified, approved and affirmed. Passed in special session this She l~h daf of ~uly , 1956o ATTEST: ~'7 ~ /,' ~.