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101-88 Located at the intersection of 1-95 and?the C-15 Canal, extending approx- imately one-half mile north. ENCLAVE 70 UNIMPROVED ORDINANCE NO. 101-88 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 30, 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 AT THE INTERSECTION OF 1-95 AND THE C-15 CANAL, EXTENDING APPROXIMATELY ONE-HALF MILE NORTH; 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 ART (AGRICULTURAL RESIDENTIAL TRANSITIONAL) ~ 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 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 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 Part of the NOrtheast Quarter of the Northeast Quarter of the Southeast Quarter East of the State Road 1-95 right-of-way of Section 30, Township 48 South, Range 43 East; together with the right-of-way of the C-15 Canal of Section 30, Township 48 South, Range 43 East; together with the South Three Quarters of the Southeast Quarter lying East of the Seaboard Air Line Railroad right-of-way (less the 1-95 right-of-way and the South 120 feet) of Section 30, Township 48 South, Range 43 East, Palm Beach County, Florida. The subject property is located at the intersection of 1-95 and the C-15 Canal, extending approximately one-half mile north. The above described parcels contain a 19.94 acre parcel of land, more or less. ~ That the boundaries of the City of Delray Beach, ~lorida, are hereby redefined to include therein the above-described tracts 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 zonin~ classification in this ordinance and the tract of land hereinabove describe~ is hereby declared to be in Zonin~ District ART (A~ricultural Residential Transitional) as defined by existin~ ordinances, of the City of Delray Beach, ~lorida. ~ ~ 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. · ~QJi~oJ~_~_~ 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 23rd day of Auq~s~ , 1988. ATTEST: First Readin~ July 26, 1988 Second Reading August 23t 1988 - 2 - Ord. No. 101-88