47-88 Located between N.E. 9th.Avenue and
N.E. lOth Avenue (Palm Trail) directly
north of N.E. ~th Street.
IMPROVED
ENCLAVE 28
ORDINANCE NO. 4?-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH LOT 3, BLOCK 5, AND THE
WEST HALF OF ABANDONED ALLEY LYING EASTERLY
AND ADJACENT TO LOT 3, BLOCK 5, TOGETHER WITH
LOT 10 (LESS THE SOUTH 8 FEET ROAD
RIGHT-OF-WAY) AND LOTS i1 AND 12, AND THE
EAST HALF OF THE ABANDONED ALLEY LYING WEST
OF LOTS 10, ll AND 12 (LESS THE SOUTH 15 FEET
THEREOF), BLOCK 5, SOPHIA FREY SUBDIVISION,
ADDITION TO DELRAY, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 4, PAGE 37, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING ~-
MUNICIPAL LIMITS OF SAID CITY; SAID.LAND IS
GENERALLY LOCATED BETWEEN N.E. 9TH AVENUE AND
N.E. 10TH AVENUE (PALM TRAIL), DIRECTLY NORTH
OF N.E. 8TH STREET; REDEFINING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LAND; PROVIDING
FOR THE RIGHTS AND OBLIGATIONS ~F SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT~ PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the St~t~ of Florida passed
the Delray Beach Enclave Act, Chapter 86-427. Laws ~f Florida,
providing for the annexation of enclaves within the ~eners. 1
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 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:
Lot 3, Block 5, SOPHIA FREY SUBDIVISION,
ADDITION TO DELRAY, according to the Plat
thereof recorded in Plat Book 4. Page 37, of
the Public Records of Palm Beach County,
Florida; together with,
The West Half of Abandoned Alley lying
Easterly and adjacent to Lot 3, Block 5,
SOPHIA FREY SUBDIVISION, ADDITION TO DELRAY,
according to the Plat thereof recorded in
Plat Book 4, Page 37, of the Public Records
of Palm Beach County, Florida: together with,
Lot 10 (less the South 8 feet road
right-of-way) and Lots 11 and 12, and the
East Half of the Abandoned Alley lying West
of Lots 10, 11 and 12 (less the South 15 feet
thereof), Block 5, SOPHIA FREY SUBDIVISION,
ADDITION TO DELRAY, according to the Plat
thereof recorded in Plat Book 4, Page 37, of
the Public Records of Palm Beach County,
Florida.
The subject property is generally located
between N.E. 9th Avenue and N.E. 10th Avenue
(Palm Trail), directly north of N.E. 8th
Street.
The above described parcel contains a 0.72
acre parcel of land, more or less.
~ That the boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described tract of land and ~aid land is hereby declared to
be within the corporate limits of t¼e Cit~ ~f Delray Beach,
Florida.
S.~Ic.~_%~,.[~ That Section 30-2~ of the Zoning Code has
been followed in the est~blfshment ~f a z~ning ~lassif~cation in
this ordinance and the tract of land hereinahove described is
hereby declared to be in Zoning District GC (General Commercial)
as defined by existing ordinances of the City of Delray Beach,
Florida.
,~z~oJ~[D]~_~ 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.
~ 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.
~ TLat all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
$_~ 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.
- 2 - Ord. No. 47-88
PASSED AND ADOPTED in regular session on second and
final reading on this the 28th day of June , 1988.
~A¥OR
ATTEST:
6~ City Clerk
First Reading May 24, 1988
Second Reading June 28~ 1988
- 3 - Ord. No. 47-88
,~ : MSA 64~
'~ O.B. 724
~ ~ /,i~ MSA 645-0
. t '. (D.B. 1097, P. 542)
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