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38-89 ORDINANCE NO. 38-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 28, IN PART, AND SECTION 29, IN PART, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED BETWEEN DIXIE HIGHWAY (AS THE WEST BOUNDARY) AND FLORIDA BOULEVARD (AS THE EAST BOUNDARY), AND BETWEEN AVENUE "F" (AS THE NORTH BOUNDA- RY) AND AVENUE "J" (AS THE SOUTH BOUNDARY); 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 SC (SPECIALIZED COMMER- CIAL) DISTRICT, IN PART, GC (GENERAL COMMER- CIAL) DISTRICT, IN PART, AND RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida passed 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 election for Palm Beach County, Florida; and, WHEREAS, the referendum held on November 4, 1986, was approved by a single majority vote of said qualified electors; and, 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 of 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 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 land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: PARCEL "A" Lots 1 through 11, inclusive, and the West Half of abandoned Dixie Boulevard lying East of and adjacent thereto, Block 3, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, Lot 12 (less the West 76 feet of road right-of-way) and Lots 13 through 23, inclu- sive (less the West 50 feet of road right-of-way as in OR 4278, Pg. 867), Block 3, together with all of Block 11 (less the East 20 feet of road right-of-way U.S. Highway 1), and abandoned Dixie Boulevard adjacent to Blocks 3 and 11, the South Half of Avenue "H#, and the North Half of Avenue "I" (less the East 20 feet of the road right-of-way U.S. Highway 1), DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; tog%ther with, Certain alleys (a) immediately west of Lots 44 and 11, Block 11, DEL-RATON PARK; and (b) immediately east of Lots 33 and 22, Block 11, DEL-RATON PARK, insofar as said alleys are south of Avenue "H" and north of Avenue "I" as shown on said Plat recorded in Plat Book 14, Pages 9 and 10, of the Public Records of Palm Beach County, Florida; together with, So much of the 80 foot right-of-way known as Dixie Boulevard as lies between the extended South right-of-way line of the 50 foot right-of-way known as Avenue "H" and the extended north line of Lot 11, Block 3, all within the Plat of DEL-RATON PARK as recorded in Plat Book 14, Page 10 of the Public Records of Palm Beach County, Florida; together with, The East Half of Lots 1 through 7, inclusive, Block 12, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, The West Half of Lots 1 through 7, inclusive, and the East Half of abandoned Dixie Boule- vard lying west of and adjacent thereto, Block 12, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with The West Half of Lots 4 and 5, and the East Half of the 80 feet of abandoned Dixie Boulevard lying west of and adjacent thereto, Block 12, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, Lots 8 and 9, the East Half of abandoned Dixie Boulevard lying west of and adjacent thereto, the North Half of abandoned Avenue "H" lying south of and adjacent to Lot 9, and the 10 feet of alley lying east of and adjacent to Lots 8 and 9, Block 12, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, Ord. No. 38-89 Lots 10 through 18, inclusive, and the North Half of abandoned Avenue "H" lying south of and adjacent thereto, Block 12, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, Lots 19 through 21, inclusive, the 10 feet of abandoned alley lying east of and adjacent thereto, and the North Half of Avenue lying south of and adjacent thereto, Block 12, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, Lots 22 through 25, inclusive, the South Half of Lot 26 (less the East 20 feet of road right-of-way U.S. Highway 1), the 10 feet of abandoned alley lying west of and adjacent thereto, and the North Half of Avenue lying south of and adjacent thereto, Block 12, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, The North Half of Lot 26, Lots 27 through 30, inclusive (less the East 2 feet), and Lots 31 through 34, inclusive, Block 12, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, Lots 35 through 42, inclusive, Block 12, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, That part of the Plat of DEL-RATON PARK, according to the Plat thereof recorded in Plat Book 14 at Pages 9 and 10 of the Public Records of Palm Beach County, Florida, described, as follows: The West 18 feet of the East 20 feet of Lots 22, 23, 24, 25 and the South half of Lot 26, Block 12, of said Plat of DEL-RATON PARK, and The West 18 feet of the East 20 feet of Lots 23 through 32, inclusive, Block 11, of said Plat of DEL-RATON PARK, and That part of the abandoned right-of-way for Avenue "I" bounded on the north by the north right-of-way line of Avenue "I"; on the east by the southerly extension of a line 2 feet west of and parallel with the east line of Block 11; on the south by the centerline of abandoned Avenue #I"; and on the west by the southerly extension of a line 20 feet west of and parallel with-the east line of Block 11; together with, - 3 Ord. No. 38-89 The Alley rights-of-way abandoned by County Resolution No. R-87-2029 (recorded in Official Record Book 5578, Page 162), lying in said Block 12; together with, The East 26 feet of the West 76 feet of Lot 12, Block 3, DEL-RATON PARK, as recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, Lots 11 through 16, inclusive (less the South 5 feet of road right-of-way), Block 14, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, Lots 17 through 22, inclusive (less the South 5 feet of road right-of-way), Lot 23 (less the South 5 feet and the East 2 feet of road rights-of-way), Lots 24 through 27, inclusive (less the East 2 feet of road right-of-way), and the 10 feet of abandoned alley lying west of and adjacent to Lots 23 through 27, inclusive, Block 14, DEL RATON PARK, accord- ing to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, Lots 28 to 32, inclusive (less the East 2 feet), and the East Half of abandoned alley lying west of and adjacent thereto, Block 14, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, Lots 33 through 36, inclusive, and the West Half of abandoned alley lying East of and adjacent thereto, Block 14, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, Lots 37 through 44, inclusive, Block 14, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, Lots 24 through 35, Block 3 (less the West 76 feet of road right-of-way), all of Block 10, abandoned Dixie Boulevard adjacent to Blocks 3 and 10, the South Half of Avenue "I" north of and adjacent to Block 10, and abandoned alleys lying west of Lots 11 and 44 and east of Lots 22 and 33, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, All of the abandoned right-of-way of Avenue "H" lying west of U.S. Highway No. 1, Plat of DEL RATON PARK as recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, - 4 - Ord. No. 38-89 Ail of the abandoned right-of-way of Dixie Boulevard lying north of the centerline of Avenue "I", and south of the right-of-way of La Mat Avenue, Plat of DEL RATON PARK as recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida. PARCEL "B" Lots 1 through 10, inclusive (less the West 38 feet of State road right-of-way), and the abandoned 10 feet of alley lying east of and adjacent thereto, Block 24, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, The East Half of Lot 12, Block 25, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, The East 77 feet of Lots 1, 2 and 3, and the North 75 feet of Lots 26 and 27, Block 25, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, The East 77 feet of Lots 4 and 5, and the South 37.5 feet of Lots 26 and 27, Block 25, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, Lots 6 through 9, inclusive (less the West 38 feet of State road right-of-way), Lots 10 and 11, the West Half of Lot 12, and the 10 feet of abandoned alley lying east of and adjacent to Lots 6 through 9, inclusive, Block 25, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, Corrected to * Lots 1 through 5, inclusive (less the West 38 amend Scriveners feet of State road right-of-way), Block 26, error DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, Lots 31 through 33, inclusive, Block 26, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida. PARCEL "C" Lots 13 through 22, inclusive, and the East Half of the abandoned alley lying west of and adjacent thereto, Block 24, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, - 5 - Ord. No. 38-89 Lots 13 through 25, inclusive, Block 25, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, Lots 15 through 29, inclusive, Block 26, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, Lots 26 through 28, inclusive, Block 27, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, Lots 1 through 11, inclusive, and Lots 64 through 68, inclusive, Block 34, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, Lots 11 through 44, inclusive, and Lots 51 through 56, inclusive, Block 35, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, Lots 23 and 24 and the West Half of the abandoned alley lying east of and adjacent thereto, Block 24, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, Lots 29 and 30, Block 27, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, Lots 11 and 12 and the West Half of the abandoned alley lying east of and adjacent thereto, Block 24, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; together with, Lot 30, Block 26, DEL RATON PARK, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida. The subject property is located between Dixie Highway (as the west boundary) and Florida Boulevard (as the east boundary), and between Avenue "F" (as the north boundary) and Avenue "J" (as the south boundary). The above described parcels contain a 25.17 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. - 6 - Ord. No. 38-89 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 SC (Spe- cialized 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 GC (Gener- al Commercial) as defined by existing ordinances of the City of Delray Beach, Florida. Section 5. 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 "C" is hereby declared to be in Zoning District RM (Medium to Medium High Density Dwelling) as defined by existing ordinanc- es of the City of Delray Beach, Florida. Section 6. 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 7. 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. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That should any section 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 10. 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 25th day of July , 1989. MAYOR ATTEST: First Reading June 27, 1989 Second Reading July 25, 1989 - 7- Ord. No. 38-89 DUMAR "~ PLAZA : C o](. 41 Pe '4e,ee SOUTH DELRA¥ SHOPPING CENTER CENTER ph~e ~ BK. 47, Bu. 5~ FS. 54 PG. 45 .~.m' z' ~LICAN PHASE FOUR BK 4~, PG ~79,~8C), ~81, lB2 A