07-14-56SpMtg JULY 14TH, 1956
A Special Meeting of the City Commission was held in the
Commission Chmubers at 12:00 O'clock Noon, with Mayor Mike
Yargates in the Chair, City Manager W. E. Lawson Jr., City
Attorney John H. Adams, and the following Commission Members
being present, W. J. Snow and Emory J. Barrow, a quorum
bein~ present.
City Manager W. E. Lawson, Jr., read Resolution No. 1017 -
HASOLUfION NB. 1017.
A F~ESOLUTION OF THE CITY C0~ilSSION WHE~IN
CEiiTAIN LANDS DESCItIBED I'HEItEIN ~ DETEIiMINED
TO BE CONTIGUOUS TO THE PIIESENT lqUNICIPAL
BOUNDAItY LINE OF THE CITY OF DELitAY BEACH,
FLO~{iDA, AS CONTIzlqPLATED AND DEFINED kY SECTION
185 OF THE MUNICIPAL CItA~TE~[ OF TIlE CITY OF
DELr[AY BEACH, FLO~I DA.
WHEaEAS, Section 185 of the City Charter of the City of
Delray Beach, Florida, regarding annexation of new territory
to the City of Delray Beach authorizes said City to annex any
unincorporated tracts lying contiguous to the Municipal bound-
ary lines and within Palm Beach County, Florida; and
WRDkEAS, it is considered by the City Council that the
inclusion of the hereinafter decribed property within the
corporate boundaries of the City of Delray Beach is for the
best interests of this City;
NOW, THE~kFORE, BE IT ~ESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELHAY BEACH:'
1. That the following described property described as
follows, to-wit:
From a point on the North line of the South half of
Section 21, Township 46 South, Range 43 East, 33 feet
East of the centerline of S. E. 6th Avenue (U. S. Highway
No. 1) Delray Beach, said point being on the existing
east right-of-way line of State road 5, run easterly along
said north line of the South half of Section 21, Township
46 South, ~ange 43 East a distance of 27 feet; thence run
sou~i 00 19' 02" W. for a distance of 15.82 feet to the
beginning of a curve concave to the west and having a
radius of 1350.19 feet; thence run in a southerly direction
along arc of said curve for a distance of 318.73 feet
to a point on the south line of lot 25, Block 2, MODEL LAND
COMPANY'S ~LAP of Section 21, Township 46 South, ~ange 43
East, Plat Book 1, page 128, which point'.of intersection
is the point of beginning.
From said point of beginning run southwesterly along the
East right-of-way line of State ltoad No. 5 (U. S. Highway
No. 1) to a point of intersection with the North line of
Tract 5 of ~evised Plat of Portions of Section 28-29, Twp.
46 S., ~ge 43 E., per plat Book 18, page 53; thence N.
89° 58' 23" ~. along said North line of said Tract 5, a
distance of 586.12 feet; thence N. 2° 49' 22" W. a distance
of 346.38 feet moore or less, to the North line of Tract 3
of said revised Plat; thence North 89° 57' 35" East along
the North line of said Tract 3 a distance of 1387.19 feet
more or less to a point in said westerly right-of-way line
of the Intracoastal Waterway; thence S. 0° 36' 0" W. along
said westerly right-of-way line a distance of 1211.92 fe~t
more or less to a point of intersection of a line parallel
to and 173 feet southerly (measured a~ right angles) from
the south line of Tract 6 of the Revised Plat of Portions
of Section 28-29, Township 46 South, aange 43 East,
according to the plat thereof recorded in Plat Book 18,
page 53, public records of Palm Beach Connty, Florida,
JULY 14TH, 1956
with west 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 pa'~allel line a distance of 1229.27
feet; thence south s distance of 25 feet; thence S. 75° 24'
15" W. a distance o£ 115.24 feet; thence South 2° 16'
E. for a dsitance of 27.06 feet; thence S. 87° 43' 50" W. a
distance o£ 174.67 feet; thence N. 2° 47' 53" W. a distance
of 8.15 feet; thence S. 87° 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 Beok 14,
Pages 9 and 10, public records of Palm Beach County, Florida;
thence N. 2° 47' 53" W. along said East line of Del-Raton
Park, a distance of 263.84 feet more or less, to the Northeast
corner of Block 38 of said Oel-ttaton Park; thence $. 89° 39'
57" W. along the North line of said Block 38, a distance of
2cl.72 feet more or less, to a point in the easterly right-
of -way line of State Road No. 5 (U. S. highway No. 1) as shown
pn Plats recorded in ~toad Plat Book 2, pages 73,74 and 75,
public records of Palm Beach County, Florida; thence westerly
to a point on the North line of Lot 28, Block '20, of Del-Haton
Park, Plat Book 14, page 9, said point being on the West
right-of-way line of State Road No. 5 (U. S. Highway No. 1);
thence northerly along the Westerly right-of-way line of State
Road,No. 5 (U. S. Highway No. l) to point of intersection with
the South lone of Lot 25, Block 2, of MODEL LAND COMPANY'S
MAP of Sedtion 21, Township 46 South, itange 43 East, Pal t Book
1, page 128;
is determined to be contiguous to the present Municipal
boundary line of the City of Delray Beach, Florida, as con-
templated and defined by Section 185 of the Municipal Charter
of the City o£ Delray Beach, Florida.
Passed in Special Session this the 14th day of July,
1956.
/S/ Mike Yargates
MAYO R
ATTEST:
/S/ ~. ~. Worthing Cf~y 'Clerk
Commissioner Snow moved for Adoption of Resolution No.
1017 on First and Final Reading. Motion was seconded by
Commissioner Barrow and unanimously carried.
City Manager Lawson then read Resolution No. 1018
I~SOL~JTION NO. 1018.
A ~SULUTiON OF Ttib, CI't~f C0MNISSION THAT
THE CITY BOUNDAItIES SHALL BE EXTENDED BY
ORDINANCE, AS PROVIDED BY LAW, TO INCLUDE
CEItTAIN LANDS DESCiilMED IItE~IN, AND TtiAT
SUCH TERItlTORY DESCRIBED SHALL BB..; ANN~X~ED
UNDE~ ZONING, iiEGULATIONS AND CONDITIONS
AS OUTLINED TttEi~EIN.
WHEF~AS, TIt0PICAL ISLE DEVELOPMENT C0. did on July 2, 1956
file its petitiion for Annexation by the City of Delray Beach
involving certain lands therein described; and
NHEiLEAS, T~0PICAL ISLE DEVELOP~NT CO. did on July 10,
1956, file an Amendment to Petition for Annexation, by the
City of Delray Beach involving said lands; and
JULY 14TH, 1956
~IiEI~AS, TROPICAL iSLE DEVELOPMENT CO. is the fee simple
(itle holder of the following described property located in
Palm Beach County, Florida, more particularly described as
Follows, to-wit:
A tract of land lying and..beIfig:ln Section 28, Twonship
46 South, Range 43 East, Palm Beach County, Florida, more
particularly described as Follows, to-wit:
Beginning at the intersection of a line parallel to,
and ~:]* 'feet southerly (measured a~ right angles) fro~ the
south line of Tract 6 of the Revised Plat of Portions of
Sections 28-29, T~p. 46 S., Rgeo 43 E., according to the
Plat thereof recorded in Plat Book 18 Page 53, public records
of Palm Beach County, Florida, with the westerly right of
way line of the Intracoastal Waterway (for convenience
said parallel line is assu~ed to bear East and Vest, and
all other bearings are relative thereto), thence west along
said parallel line, a distance of 1229.27 feet; thence south
a distance of 25 feet; thence S. 75° 24* 15' Wo, a distance
of 115.24 feet; thence S. 2° 16' 10' E., a distance of 27.06
feet; thence S. 87° 43* 50' Wo, a distance of 174.67 feet;
thence N. 2° 47* 53' W., a distance of 8o15 feet; thence S.
87o 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
said east line of Del-Raton Park, a distance of 263.84 feet,
more or less, to the northeast corner of Block 38 of said
Del-Raton Park; thence S. 89° 38* 57' W. along the north line
of said Block 38, a distance of 261.72 feet, more or less,
to a point in the easterly right of way ~lne of State Road
No. 5 (U. S. Highway No. l.) 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 Road No. 5 to a point
in the north l~ne of Tract 5 of said Revised Plat of portions
off Sections 28-29; thence N. 89° 58* 23' E. along the nort~
line of said Tract 5, a distance of 586.12 fleet; thence N.
2° 49* 22' W., a distance of 346.38 feet, more or less, to
the north line of Tract 3 of said Revised Plat; thence N.
89° 57* 35' Eo along the north line of said Tract 3, a
dis.tance of 1387°19 feet, more or less to a point in said
westerly right off way line of the Intracoastal Waterway;
thence S. 0u 38* O* W. along said westerly right off way
line, a distance of 1211.92 feet, smre or less, to the
Point off beginning.
and
~dEHEAS, it is considered by the City Council that the
inclusion off said premises within the sorporate boundaries
o£ the City of Delray Beach under the conditions set out
in the Petition for Annexation and the amendment thereto
'above referred to is for the best interests of the City; and
~EHEAS, TROPICAL ISLE DEVELOP~IENT CO. has Presented to
this Council a plat of said premises proposed to ~e filed
of record entitled 'Tropic Isle' and plans For the develop-
ment of the property which plat and plans have been prepared
by Brockway, Weber & Brockway, Engineers of ~est Palm Beach,
Florida, and this Council deems said plat and plans to be
satisfactory and designed for the orderly development of the
property and for the protection of the health and welfare
of the inhabitants thereof and the inhabitants of the City
of De'lray Beach; and
~E~S, TROPICAL ISLE DEVELOP~ENT CO. has entered
into a contract and is in the process of installing the
water mains and fire hydrants within said proposed plat
~ln accordance with the ~lans and specifications on file
with the engineers, Brockway, Weker & Brockway, ~hich
JULY 14TH, 1956
contract and installation is in accordance with the sub-
division requirements of the City of Delray Beach, and'
~dE~EA.q, TROPICAL ISLE DEVElOPmENT CO. has Further
entered into a contract and is by reason of same in the
process' of eFffecting the installation of water supply
lines, Fire hydrants and fittings from the present
nicipal water supply lines located at the intersection
of S. E. 7th Street and Uo So Highway No.. 1 to the north
west corner of the property sought to be annexed, a
photographic copy o~ said contract having been attached
to the basic petition for annexation; and
~/EHEAS, all of said wa~er installation contracts meet
the requirements and are in compliance v/th the regulations
of the City of Del ray Beach, Florida, and have heretofore
been 'approved by the City Engineer of this City;
NOI/, THEREFOHE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELHAY BEACH:
1. That aforesaid plat a~d plans For the subdlvldion
and deFelopment 'of the aforesaid .property be and they are
hereby ratified and approved.
2. That the City boundaries shall be extended by
ordinance as provided by law Go include said property
and t'hat such ordinance '-shall include and contain the Fo
Following provisions: '
(.~) Said ter~itory shall be annexed under the
Following zoning, regulations and conditions:
(1) Residence 'R-lA' District Shall be
applicable to lots numbered One (1) through N/rusty-three
(93), both numbers inclusive, and lots numbered One
Hundred Five (105) through 9ne Hundred Nineteen (119),
both numbers inclusive;
(2) Residence "R-3' District ~shall be
· applicable to lots Ninety-Four (94) through Ninety-
nine '(99) and Lots One Hundred One (101) and One Hun-
dred two (102) ~hieh shall be used For multt-Fa~ily or
duplex type residential properties, and Lots One
Hundred (100), One Hundred Three (1'03) and One Hun-
dred Four (104) shall be used For Duplex t~pe dwellSngS;
(3) Business #c-l" District shall be
applicable to all of Lots ~A" and #B"; ~hich shall
include motels; hotels; apartments; apartment hotels;
agencies, such as employment, insurance and real estate;
auditolums; banks bakeries, serving retail trade; barber
shops; beauty parlors; bicycle shops, blueprinting,
photostating and the like; business colleges, cafeterias,
department stores; dressmaking shops; drug stores; dry
cleaning, pressing, blocking and dying establishments;
electric light and power companies; express companies;
Florists; garages For storage of automobiles im connection
with hotels only; grocery stores, retail only; hospitals;
ice cream parlors; jewelery shops; music stores; office
buildings; photo shops and art galleries; post office
substations; private clubs; professional offices; public
stenographers; radio sales rooms; restuarants; retail stores
and shops; sales and show rooms; schools, private or
public; stationery and office equipment, retail; telegraph
office; theatres; watch repairing; ~asoline service stations
and that said proerty be classified so as to be included
in the type classifications 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
JULY 14TH, 1956
permitted in a *C-l* distrcit 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 8hall not.
levy, assess, charge or coblect ad valorem taxes or any
other type taxes on said lands in excess of an annual tax
of'.$lO.O0 per residential lot or in excess of $50.00 for
business lots *~# 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 diposed of by Tropical Isle Development Co.
or tn the event any bulldin~ 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.
(c~ 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 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 buildin~ 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 City of Delray BeaCh.
3 (a) The water mains now under contract BEING installed
in said area (but not the service connections to private
p~operty) shall, forwith become the property of hte City of
Delray Beach, Florida, and said City shall furnish .water to
the inhabitants of said property at the stone 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 Hunicipal water supply line
is located at.the intersection of S. E. 7th Street and U. So
Highway No. 1 and shall upon completion of said contract
run to the northwesterly corner of t.he proposed plat of
Tropic Isle shall become the 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
satisffled, dissharged and paid in Full upon the happening
off either one of the following conditions whichever be the
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
subdivieion as a part of said City.
4. The Hayer, City Clerk and City Engineer are hereby
authorized and directed to forwlth approve the plat of Tropic
Isle, as presented, subject to the conditions contained in
this Resolution.
JIFLY 141~[ · 1956
5. 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 thereof.
· 6 (a) It ls agreed between the. subdivider and the City
of Delray Beach that the subdivider shall elther annex or
cause to be annexed the remainder of the property indicated
in the-sketch attached to the 'Amendment to Pet/tton for
Annexation' f/led wlth the City of Delray Beach and ~eferred
to above within three years from July 9, 1956, which annex-
arSon plan, which shall be in keeping vi. th representations
contained in and er,lying from the underlying intent behind
the Petition For annexation by the City of Del~ay Beach~
Florida as amended and which future plan of annexation-
shall be in accordance with the general subdivision pla%,
requirements of the City of Delray Beach, Florida.
6 (b) It is further agreed between the subdivider and
the City off 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 w/thin 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 forwith 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 marked 'Exhibit C" in said petltlon ls
hereby ratified, approved and affirmed.
Passed In ~peclal Session this the 14th day of July,
A.D., 1956
~/ Hike Yargates ,, ,
HAXOR
ATTEST:
1 'Clerk
Commissioner Snow moved for adoption of Resolution No.
1018 on First and Final Reading. Hotion vas seconded by
Commissioner Barrow and'unanimously carried. -
Meetin~ adjourned.
/S/ R. D. Worthin~ :
City ~l'erk
APPROVED: