116-88 Located on the north de of West
Atlantic Avenue, between Dover Road
and Homewood Boulevard.
IMPROVED (Nursery/Agricultural)
ENCLAVE 65 and UNIMPROVED
ORDINANCE NO. 116-88
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 18, 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 NORTH SIDE OF WEST ATLANTIC
AVENUE, BETWEEN DOVER ROAD AND HOMEWOOD
BOULEVARD; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; PROVIDING FOR TH~
RIGHTS AND OBLIGATIONS OF SAID LAND; .PROVID-
ING FOR THE ZONING THEREOF TO ART (AGRICUL-
TURAL RESIDENTIAL TRANSITIONAL) DISTRICT;
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
bound~ries 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 six,y-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 Be'ach, Palm Beach County, Florida, hereby annexes to said
City the following described land located in Palm Beach County,
Florida, which lies contiguous t6 said City to-wit:
The East 165 feet of the Southwest Quarter of
the Northwest Quarter of the Southwest
Quarter lying North of State Road 806 (Atlan-
tic Avenue), lying within Section 18, Town-
ship 46 South, Range 43 East; together with,
The East 339 feet of the West 1,019 feet
lying North of State Road 806 (Atlantic
Avenue), in the North Half of the Southwest
Quarter, lying within Section 18, Township 46
South, Range 43 East, Palm Beach County.
Florida.
The subject property is located on the north
side of West Atlantic Avenue, between Dover
Road and Homewood Boulevard.
The above described parcels contain a 6.21
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 17S.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 are
hereby declared to be in Zoning District ART (Agricultural
Residential Transitional) 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.
$_~ 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.
MAYOR
ATTEST:
First Reading .September 13, 1988
Second Reading October 11, 1988
- 2 - Ord. No. 116-88
HIGH POINT OF SEC.
THE COMMONS
LAGO DEL RAY
PLAT
BK.:59, PG. 170