112-88 Located on the south side of Gulfstream
"' Boulevard, between Seacrest Boulevard
' and the Florida East Coast Railroad.
IMPROVED
ENCLAVE 3
ORDINANCE NO. 112-88
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 4, 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 ON THE SOUTH SIDE OF GULFSTREAM
BOULEVARD, BETWEEN SEACREST BOULEVARD AND THE
FLORIDA EAST COAST RAILROAD; 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 MIC (MIXED INDUSTRIAL AND COMMERCIAL)
DISTRICT, IN PART, RH (MEDIUM HIGH TO HIGH
DENSITY DWELLING) DISTRICT, IN PART, R-1AA
(SINGLE FAMILY DWELLING) DISTRICT, IN PART,
AND R-1A-C (SINGLE FAMILY/DUPLEX DWELLING)
DISTRICT, IN PART; 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:
That part of the South 20 feet on the North
three-quarters (3/4) of the North Half of the
Northeast Quarter of the Southwest Quarter
lying West of the Florida East Coast Railroad
right-of-way and East of S.E. 4th Street,
lying within Section 4, Township 46 South,
Range 43 East; together with,
Lots 15 through 17. inclusive, DECARIE
SUBDIVISION, according to the Plat thereof
recorded in Plat Book 24, Page 102, Public
Records of Palm Beach County, Florida (lying
within Section 4, Township 46 South, Range 43
East); together with,
Lots 1 through 18, inclusive, Block E, REPLAT
OF GULF STREAM ESTATES, according to the Plat
thereof recorded in Plat Book 23, Page 46,
Public Records of Palm Beach County, Florida
(lying within Section 4, Township 46 South,
Range 43 East, Palm Beach County, Florida).
Containing 1.53 acres, more or less.
Lots 1 through 10, inclusive, Block C, REPLAT
OF GULF STREAM ESTATES, according to the Plat
thereof recorded in Plat Book 23, Page 46,
Public Records of Palm Beach County, Florida
(lying within Section 4, Township 46 South,
Range 43 East); together with,
Lots 1 through 6, inclusive, Block D. REPLAT
OF GULF STREAM ESTATES, according to the Plat
thereof recorded in Plat Book 23. Page 46,
Public Records of Palm Beach County. Florida
(lying within Section 4, Township 46 South,
Range 43 East, Palm Beach County, Florida).
Containing 1.2 acres, more or less.
Lots 1 through 18. inclusive, Block A, REPLAT
OF GULF STREAM ESTATES, according to the Plat
thereof recorded in Plat Book 23, Page 46,
Public Records of Palm Beach County, Florida
(lying within Section 4, Township 46 South.
Range 43 East); together with,
Lots 2 through 9, inclusive, Block B, R~PLAT
OF GULF STREAM ESTATES, according to the Plat
thereof recorded in Plat Book 23, Page 46,
Public Records of Palm Beach County, Florida
(lying within Section 4, Township 46 South,
Range 43 East); together with,
The South ?0 feet of Lot 1, Block 5, GULF
STREAM ESTATES, according to the Plat thereof
recorded in Plat Book 12, Page 28. Public
Records of Palm Beach County. Florida (lying
within Section 4, Township 46 South, Range 43
East); together with,
The North 80 feet of Lot 1, Block 5, GULF
STREAM ESTATES, according to the Plat thereof
recorded in Plat Book 12, Page 28, Public
Records of Palm Beach County, Florida (lying
within Section 4, Township 46 South, Range 43
East, Palm Beach County, Florida).
- 2 Ord. No, 112-88
Containing 6.47 acres, more or less.
The West 125 feet of the South Quarter of the
North Half of the Northeast Quarter of the
Southwest Quarter (less the North 92 feet
thereof), lying within Section 4, Township 46
South, Range 43 East; together with,
The North 92 feet of the West 125 feet of the
South Quarter of the North Half of the
Northeast Quarter of the Southwest Quarter in
OR 1093, PG 351, lying within Section 4,
Township 46 South, Range 43 East; together
with,
Lots 1 through 14, inclusive, DECARIE SUBDI-
VISION, according to the Plat thereof record-
ed in Plat Book 24, Page 102, Public Records
of Palm Beach County, Florida flying within
Section 4, Township 46 South. Range 43 East);
together with,
Lot 1 and that part of Block 1 lying Norther-
ly of and adjacent to Lot 1 fless the North
25 feet thereof), Block 1. GULF STREAM
ESTATES, according to the Plat thereof
recorded in Plat Book 12. Page 28. Public
Records of Palm Beach County, Florida ¢lying
within Section 4. Township 46 South, Range 43
East); together with,
Lots 2, 3, and the North 35 feet of Lot 4,
Block 1, GULF STREAM ESTATES, according to
the Plat thereof recorded in Plat Book 12,
Page 28, Public Records of Palm Beach County,
Florida (lying within Section 4, Township 46
South, Range 43 East); together with,
The South 15 feet of Lot 4. all of Lot 5, and
the North 15 feet of Lot 6. Block 1, GULF
STREAM ESTATES, according to the Plat thereof
recorded in Plat Book 12, Page 28, Public
Records of Palm Beach County, Florida (lying
within Section 4, Township 46 South, Range 43
East); together with,
The South 35 feet of Lot 6 and the North 25
feet of the unnumbered lot lying Southerly of
and adjacent to Lot 6, Block 1, GULF STREAM
ESTATES, according to the Plat thereof
recorded in Plat Book 12, Page 28. Public
Records of Palm Beach County, Florida (lying
within Section 4, Township 46 South, Range 43
East); together with,
The South 70 feet of the unnumbered lot lying
Southerly of and adjacent to Lot 6, Block 1,
GULF STREAM ESTATES, according to the Plat
thereof recorded in Plat Book 12, Page 28.
Public Records of Palm Beach County, Florida
(lying within Section 4, Township 46 South,
Range 43 East. Palm Beach County, Florida).
- 5 - Ord. No. 112-88
Containing 4.16 acres, more or less.
The subject property is located on the south
side of Gulfstream Boulevard, between
Seacrest Boulevard and the Florida East Coast
Railroad.
The above described parcels contain a 13.36
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 Section 173.886 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tracts of land hereinabove described as
Parcel "A" are hereby declared to be in Zoning District MIC
(Mixed Industrial and Commercial) as defined by existing ordi-
nances 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 tracts of land hereinabove described as
Parcel "B" are hereby declared to be in Zoning District RH
(Medium High to High Density Dwelling) 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 tracts of land hereinabove described as
Parcel "C" are hereby declared to be in Zoning District R-iAA
(Single Family Dwelling) 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 tracts of land hereinabove described as
Parcel "D" are hereby declared to be in Zoning District R-1A-C
(Single Family/Duplex 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.
$_~ 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.
Ord. No. 112-88
Section 10. 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 llth day of October , 1988.
MAYO
ATTEST:
First Reading September 13, 1988
Second Reading October 11, 1988
- 5 - Ord. No. 112-88
ATLANTIC~ HIGH
" ° .~' I~ ~ ' '
ENCLAVE 8