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117-88 LOCATED to the east and west of Rabbit Hollow Drive, extending north and south of Ge~nantow~ Road. Enclave 68 I~IPROVED ORDINANCE NO. 117-88 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 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED TO THE EAST AND WEST OF RABBIT HOLLOW DRIVE, EXTENDING NORTH AND SOUTH, OF GERMANTOWN ROAD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAiD LAND; PROVIDING 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 DelraF 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 Delra¥ 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 West Half of the East Half of the Southeast Quarterof the Northeast Quarter of the Northeast Quarter lying North of Germantown Road within Section 25. Town- ship 46 South, Range 42 East; together with, The West Half of the East Quarter of the Southeast Quarter of the Northeast Quarter of the Northeast Quarter lying North of Germantown Road within Section 25, Township 46 South,-Range 42 East; together with, The East Eighth ¢8th) of the Southeast Quarter of the Northeast Quarter of'the Northeast Quarter lying North of Germantown Road within Section 25, Township 46 South, Range 42 East; together with, The East 221.23 feet of the Southeast Quarter of the Northeast Quarter of the Northeast Quarter lying South of Germantown Road and the North 323.9 feet of the East 221.23 feet of the Southeast Quarter of the Northeast Quarter, lying within Section 25, Township 46 South, Range 42 East; together with, The North one (1) acre of the West Half of the East Half of the Southeast Quarter of the Northeast Quarter, lying within Section 25, Township 46 South, Range 42 East; together with, The West Half of the Southeast Quarter of the - Northeast Quarter of the Northeast Quarter lying South of Germantown Road within Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida. The subject property is located to the east and west of Rabbit Hollow Drive, extending north and south of Germantown Road'. The above described parcels contain a 9.02 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. f~9_~J~h~k_~_. 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 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. 2 - Ord. No. 117-88 ~ 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 upoD 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. ATTEST: First Reading Se_ot~mb~r 1~. lgRR Second Reading October 11, 1988 - 5 - Ord. No. 117-88 ~..a~ ~ THE CI~OSSWINOS I=HA$£ 01~ BK. PG.