70-88 Located on the west side of the
Intracoastal Waterway, between
Linton Blvd. and McCleary St.
UNIMPROVED
ENCLAVE NO. 43
ORDINANCE NO. 70-88
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, TOWNSHIP 48
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED ON THE WEST SIDE OF THE INTRACOASTAL
WATERWAY, BETWEEN LINTON BOULEVARD AND
MoCLEARY STREET; 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 88-427, Laws of Florida,
providinE 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, 1988, in conjunction with a general
election for Palm Beach County, Florida; and,
WHEREAS, the referendum held on November 4, 1988, was
approved by a sinEle majority vote of said qualified electors;
and,
WHEREAS, the City of Delray Beach has prepared an
Enclave Report outlining the Gity'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:
~ 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:
The Easterly 522.52 feet of the North Quarter
of the Northeast Quarter of the Northwest
Quarter lyin~ west of the Florida Inland
Navigation District Canal right-of-way (less
the South 25 feet of the East 131.49 feet and
the Northerly 47 feet of the Westerly 53 feet
for the road right-of-way in OR2346P?84), in
Section 28, Township 46 South, Range 43 East,
Palm Beach County, Florida.
The subject property is located on the west
side of the Intracoastal ~Waterway. between
Linton Boulevard and McCleary Street.
The above described parcel contains a 4.02
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 said land is hereby declared to
be within the corporate limits of the City of Delray Beach,
Florida.
~ 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 is
hereby declared to be in Zoning District R-1AA (Single Family
Dwelling) as defined by existing ordinances of the City of Delray
Beach, Florida.
~ That the land heretnabove 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.
~ That 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.
PASSED AND ADOPTED in regular session on second and
final reading on this the 13thday of ~p~m~r , 1988.
MAYOR
ATTEST:
First Reading June 28, 1988
Second Reading $~ptember 13, 1988
- 2 - Ord. No. 70-88
DOMAJNE ~Y*
DELR AY DELRAY ~
MALL M.,.. ~ me
~ I
(UN~A~ED)
;
//...~,...ol/ x ,: /
FACILITY
'ICE ~ BANK;
FACIL[TY ~
1