43-88 Located west of N.W. 3th AVenue to
approximately 130 feet west of N.W.
6th -Avenue, between N.W. 7th Street
and Gardenia Terrace East.
ENCLAVE 21 IMPROVED AND UNiMPROV~
ORDINANCE NO. 43-88 o
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH A PARCEL OF LAND LYING
AND BEING IN SECTION 8, TOWNSHIP 48 SOUTH,
RANGE 43 EAST, TOGETHER WITH LOTS 28, 27 AND
28, LAKE IDA MANOR, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 23, PAGE 138,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED WEST OF N.W. 5TH AVENUE TO
APPROXIMATELY 150 FEET WEST OF N.W. 8TH
AVENUE, BETWEEN N.W. 7TH STREET AND GARDENIA
TERRACE EAST; '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 R-1AA
(SINGLE FAMILY DWELLING) DISTRICT; 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 Beac~ 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 COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ 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 East 90 feet of the South 148.73 feet of
the East Half of the Southwest Quarter of Lot
3, lying within Section 8, Township 48 South,
Range 43 East, Delray Beach, Palm Beach
County, Florida; together with,
Lots 26, 27 and 28, LAKE IDA MANOR, according
to the Plat thereof recorded in Plat Book 23,
Page 138, of the Public Records of Palm Beach.
County, Florida.
The subject property is located west of N.W.
5th Avenue to approximately 150 feet west of
N.W. 6th Avenue, between N.W. 7th Street and
Gardenia Terrace East.
The above described parcel contains a 1.27
acre parcel of land, more or less.
f~rZ~iD]~_~ That the boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described tract of land and said land is 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 i*
hereby declared to be in Zoning District R-1AA (Single Fam~/y
Dwelling) as defined by existing ordinances of the City of Delray
Beach, Florida.
$~J~J~/k_4~ 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.
~o~e_oz~D~_~_ 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.
~Jzk(~_~_ That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
S_~Ji1D]x_~_~ 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.
~ 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.
MAYOR
ATTEST:
First Reading May 24. 1988 ·
Second Reading June 28t 1988
- 2 - Ord. No. 43-88
&A