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94-88 Located between U.S. Highway No. 1 and Dixie Highway, lying i~m~ediately south of She~-~ood HOnda. ENCI~VE NO. $2 IMPROVED ORDINANCE NO. 94-88 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 29. 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 U.S. HIGHWAY NO. 1 AND DIXIE HIGHWAY. LYING IMMEDIATELY SOUTH OF SHERWOOD HONDA: REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND: PROVID- ING FOR THE ZONING THEREOF TO GG (GENERAL COMMERCIAL~ DISTRICT, IN PART, SC (SPECIAL- IZED COMMERCIAL) DISTRICT, IN PAET. AND NM-lC (MULTIPLE FAMILY DWELLING) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVID-' ING 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 fnr 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 Re~ort 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 herel~ofore been authorized to annex lands in accordance with the Delray Beach Enclave Act, NOW, THEREFORE, BE IT ORDAINED BY TH~ 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: Lots 1 through 9. inclusive, Block 4, DEL-RATON PARK, and Lots ! through 44. inclusive ~less the East 2 feet of road right-of-way), together with the 10 ft. abandoned alley lying east of and adjacent to Lots 1 through 10, inclusive, the I0 ft. abandoned alley lying east of and ad.jacent to Lots 22 and 33, the South Half (S 1/2) of abandoned Avenue "K" lying north of and adjacent to Lots 1 and 32 through 44. inclu- sive, and the North Half (N 1/2) of abandoned Avenue "L" lying south of and adjacent Lots 10 and 11 through 23. inclusive, Block 8, DEL-RATON PARK, according to the Plat thereof recorded in Plat Book 14 at Page 10 of the Public Records of Palm Beach County, Florida. The South Half (S 1/2) of abandoned Avenue "L" lying north of and adjacent to Lot 1, TROPIC GARDENS, according to the Plat thereof recorded in Plat Book 29 at Page 121 of the Public Records of Palm Beach County, Florida. The South Half (S 1/2) of abandoned Avenue "L" lying north of and adjacent to Tracts B, C and D of TROPIC PALMS PLAT 1, according to the Plat thereof recorded in Plat Book 25 at Page 99 of the Public Records of Palm Beach County, Florida. The subject property is located between U.S. Highway No. 1 and Dixie Highway, lying immediately south of Sherwood Honda. The above described parcel contains a 4.89 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 tracts of land and said lands are hereby declared to be within the corporate limits of the City of DelraY Beach, Florida. $~ That S~ction 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 GC ~Gener- al Commercial) as defined by existing ordinances of the City of Delray Beach, Florida, Sect.~j~n 4. That Section 173.886 of th~ 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 SC (Spe- cialized Commercial) as defined by existing ordinances 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 as Parcel "C" is hereby declared to be in Zoning District RM-10 (Multiple Family Dwelling) as defined by existing ordinances of the City of Delray Beach, Florida. ~ 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. - Z - Ord. No. 94-88 f~G~zLo~x_L~ 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. ~m~JzL9~_~_ 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 tihe remainder hereof as a whole or part thereof other than the l~rt declared to be invalid. ~_~TJLoJ~_/JL_ That this ordinance shall become effec=ive immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _l.tf.h_day of ne~-=h~r , !988. ~A¥O~ ATTEST: First Reading November 8, 1988 Second Reading December 13. 1988 - 3 - Ord. No. 94-88 DEL. R~¥ glt. · pc. 4S LINDELL VI · ~ syn. 52, ., CANAl.