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115-88 ?) Located in~ediately west of Dixie Highway, and north of Linton Boulevard, on both sides of S.W. 4th Avenue. Enclave 34 IMPROVED & UNIMPROVED ORDINANCE NO. 115-88 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 20, 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 IMMEDIATELY WEST OF DIXIE HIGHWAY, AND NORTH OF LINTON BOULEVARD, ON BOTH SIDES OF S.W. 4TH AVENUE; 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-lA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, IN PART, L I (LIGHT INDUSTRIAL ) D IST~ICT, IN PART, AND GC (GENERAL COMMERCIAL) DISTRICT, · IN PART; PROVIDING A GENERAL REPRALSR 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: Lots 1 through 6, inclusive, Block 14, SOUTHRIDGE SUBDIVISION, according to the Plat thereof recorded in Plat Book 13, Pages 38 and 39, Public Records of Palm Beach County, Florida (lying within Section 20, Township 46 South, Range 43 East); together with, The West 22.25 feet of the North 301 feet of the Southeast Quarter of Lot 8 (less the South 53 feet road right-of-way as in Offi- cial Record Book 4659, Page 1630), lying within Section 20, Township 46 South, Range 43 East; together with, The West 22.25 feet of the North 301 feet of the Southeast Quarter of Lot 8 (less the South 53 feet road right-of-way) and the West 43.04 feet of the East 359.54 feet of the North 29.33 feet of the South 53 feet of the Southeast Quarter of Lot, lying within Section 20, Township 46 South, Range 43 East; together with, The South three (3) acres of the Northeast Quarter of Lot 8 (less the East 25 feet of road right-of-way), lying within Section 20, Township 46 South, Range 43 East; together with, The East 139 feet of the West 827 feet of the North 63 feet of the South Half of Lot 8, lying within Section 20, Township 46 South, Range 43 East; together with, The South 60 feet of the North 183 feet of the East 139 feet of the West 827 feet of the South Half of Lot 8, lying within Section 20, Township 46 South, Range 43 East; together with, The East 69.75 feet of the West 757.75 feet of the North 95 feet of the South 148 feet of the South Half of Lot 8, lying within Section 20, Township 46 South, Range 43 East; togeth- er with, The East 139.5 feet of the West 1.156.5 feet of the South Half of Lot 8 (less the South 53 feet thereof), lying within Section 20, Township 46 South. ~ange 43 East; together with, The East 140 feet of the West 967 feet of the South Half of Lot 8 (less the South 209.24 feet thereof), lying within Section 20, Township 46 South, Range 43 East; together with, The East 209.25 feet of the West 967 feet of the South 148.34 feet (less the South 53 feet of road right-of-way) and the North 61 feet of the South 209.34 feet of the East 139.5 feet of the West 967 feet of the South Half of Lot 8 in OR 1564, PG 436, lying within Section 20, Township 46 South, Range 43 East; together with, The Northerly 125.04 feet of the Easterly 144.78 feet of the Southeast Quarter of Tract 8, lying within Section 20, Township 46 South, Range 43 East; together with, - 2 - Ord. No. 115-88 The East 139 feet of the West 827 feet of the South 60 feet of the North 123 feet of the South Half of Lot 8, lying within Section 20, Township 46 South, Range 43 East; together with, The West 50 feet of the East 366.50 feet of the North 249.34 feet of the South 302.34 feet of the Southeast Quarter of Lot 8, lying within Section 20, Township 46 South, Range 43 East, Palm Beach County, Florida. Containing 7.15 acres, more or less. The East 159 feet of the West 658 feet of the ~ Southwest Quarter of Lot 8 (less the West 139 feet of the South 207 feet and the South 53 feet of road right-of-way), lying within Section 20, Township 46 South, Range 43 East, Palm Beach County, Florida. Containing 0.54 acres, more or less. The East Half of Tract 15 lying West of the Railway (less the Westerly 110.14 feet thereof), lying within Section 20. Township 46 South, Range 43 East; together with. The South 150 feet of the East 265.40 feet of the West 290.40 feet of Lot 15, lying within Section 20, Township 46 South, Range 43 East; together with, The Westerly 110.14 feet of the East Half of Tract 15, lying within Section 20. Township 46 South, Range 43 East; together with, The South 250 feet of the West 667.39 feet (less the South 150. feet of the West 290.40 feet) of Lot 15, lying within Section 20, Township 46 South, Range 43 East: together with, The East Half of Lot 16 lying West of the Railway (less the South 403 feet) and the West 50 feet of the South 403 feet of the East Half of Lot 1S (less the South 53 feet thereof), lying within Section 20, Township 46 South, Range 43 East; together with, The East 221.26 feet of the North 196.92 feet of the West Half of Lot 16, lying within Section 20. Township 46 South, Range 43 East, Palm Beach County, Florida. Containing 15.44 acres, more or less. The West Half of the West Half of Tract 16 (less the North 196.92 feet and the South 53 feet thereof), lying within Section 20. Township 46 South. Range 43 East; together with, - ~ - Ord. No. 115-85 The East Half of the West Half of Tract 16 (less the North 196.92 feet and the South 53 feet thereof), lying within Section 20, Township 46 South, Range 43 East, Palm Beach County, Florida. Containing 6.28 acres, more or less. The subject property is located immediately west of Dixie Highway, and north of Linton Boulevard, on both sides of S.W~ 4th Avenue. The above described parcels contain a 29.41 acre parcel of land, more or less. ~ ~ That the boundaries of the City of De,faF. 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 R-lA (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 tract of land hereinabove described as Parcel "B" is hereby declared to be in Zoning District RM-IO (Multiple 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 zonin~ classification in this ordinance' and the tracts of land hereinabove described as Parcel "C" are hereby declared to be in Zoning District LI (Light Industrial) 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 Zonin~ District GC (General Commercial) 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. - 4 - Ord. No. 115-88 ~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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. Section 11. 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 ., ATTEST: ~ City Clerk First Reading September 13, 1988 Second Reading Octob~_r !!~ !9_~_~ - 5 - Ord. No. 115-88