125-88 .. Located intmediately north of the L-32 Canal
and immediately south'of Lake Ida Road,
lying between Congress Avenue and the Lake
Worth Drainage District Canal No. 3-1/2.
ENCLAVE NO. 59 IMPROVED (Single-Family Residences &
Comm~rm(ml) ,,,~
& UNIMPROVED.
ORDINANCE NO. 125-88
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 7, 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 NORTH OF THE L-32 CANAL
AND IMMEDIATELY SOUTH OF LAKE IDA ROAD.'LYING
BETWEEN CONGRESS AVENUE AND THE LAKE WORTH
DRAINAGE DISTRICT CANAL $3-1/2: REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND: PROVIDING FOR THE RIGHTS AND OBLIGA-
TIONS OF SAID LAND: PROVIDING FOR THE ZONING ~.
THEREOF TO R-1A-B (SINGLE FAMILY DWELLING)
DISTRICT. IN PART. RM (MEDIUM TO MEDIUM HIGH ,~
DENSITY DWELLING) DISTRICT. IN PART. ART ,i
(AGRICULTURAL RESIDENTIAL TRANSITIONAL)
DISTRICT. IN PART, ACT (AGRICULTURAL COMMER-
CIAL TRANSITIONAL~ DISTRICT. IN PART. AND GC
(GENERAL COMMERCIAL) DISTRICT. IN PART:
PROVIDING FOR THE CONTINUATION OF CERTAIN
USES: PROVIDING A GENERAL REPEALER CLAUSE:
PROVIDING A SAVING CLAUSE: PROVIDING AN
EFFECTIVE DATE.
WHEREAS. the Lmgis]ature of the State of Flnrida p~ssed
the Delray Beach Enclave Act. Chapter 86-427. Laws of Florida,
providing for the ~nnexatinu 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: and.
WHEREAS. Section 4 of the Delray Beach Enclave Act
provides that where an enclave which is annexed pursuant to this
act includes uses which are not permitted uses at the time of
annexation, such uses shall be allowed to continue in the same
manner and to the same extent as they existed prior to annexa-
tion, until such time as title to the property where the uses
exist is transferred: and,
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 West 80 feet of the Southwest Quarter of
the Lake Worth Drainage District Canal No.
3-1/2 right-of-way, in ORB 3253, Pg. 1494,
lying within Section 7, Township 46 South,
Range 43 East, Palm Beach County, Florida;
together with.
Lots 10 through 19. inclusive, Block 1, and
all of Blocks 2 through 11, inclusive, DELRAY
SHORES. according to the Plat thereof record-
ed in Plat Book 24 at Pages 232 and 233 of
the Public Records of Palm Beach County,
Florida: together with,
All of Block 7, and all of Blocks 12 through
17, inclusive. DELRAY SHORES FIRST ADDITION,
according to the Plat thereof recorded in
Plat Book 28 at Page 2 of the Public Records
of Palm Beach County, Florida.
Lots 8 and 9. Block 1. DELRAY SHORES. accord-
ing to the Plat thereof recorded in Plat Book
24 at Page 233 of the Public Records of Palm
Beach County. FlorLda.
That portion of Lo{ 20, Block 1. DELRAY
SHORES, as recorded in Plat Book 24 at Pages
232 and 233, lying west of Congress Avenue
(LESS the parcels recorded in ORB 1386, Pg.
437 and ORB 2398. Pg. 1424 and the Davis Road
and Lake Ida Road rights-of-way), and lying
north of the straight line formed between the
Southeast corner of Lot 19. Block 1, DELRAY
SHORES, and the Southwest corner of that
parcel recorded in ORB 3118, Pg. 364.
That portion of Lot 20, Block 1, DELRAY
SHORES. as recorded in Plat Book 24 at Pages
232 and 233, lying west of Congress Avenue
(LESS the parcels recorded in ORB 1388, Pg.
437 and ORB 2398, Pg. 1424 and the Davis Road
and Lake Ida Road rights-of-way), and lying
south of the line formed by the Southeast lot
line of Lot 19. Block 1, DELRAY SHORES, the
South line of the parcel recorded in ORB
3118, Pg. 364 and the straight line formed
between the Southeast corner of said Lot 19
and the Southwest corner of said parcel
recorded in ORB 3118. Pg. 364.
- 2 - Ord. No. 125-88
That part of Lot 20 in ORB 3118. Pg. 364,
lying south of. Lake Ida Road and west of
Congress Avenue. Block 1. DELRAY SHORES, in
Plat Book 24 at Page 233 of the Public
Records of Palm Beach County, Florida:
together with,
The Northerly 307.47 feet of the Easterly 132
feet of the part of Lot 20, Block 1. lying
south of Lake Ida Road and west of Congress
Avenue (LESS EXT Curve Area), DELRAY SHORES,
in Plat Book 24 at Page 233 of the Public
Records of Palm Beach County, Florida.
The subject property is located immediately
north of the L-32 Canal and immediately south
of Lake Ida Road. lying between Congress
Avenue and the Lake Worth Drainage District
Canal No. 3-1/2.
The above described parcels contain a 106.18
acre parcel of land, more or less,
~ac~zto/l_2. That the boundaries of the City of Delray
Beach, F!ortda, are hereby redefined to include therein the
above-described tracts of land and said lands are here~y declared
%o be withir~ the corporate limits of the City, of De,ray Beach,
Florida.
~tion 3. That Section 173.886 of the Z~ng 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-1A-B
(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 "B" are hereby declared to be in Zoning District RM
(Medium to Medium High Density Dwelling) as defined by existing
ordinances of the City of Delray Beach, Florida.
,-~_e~lD3~_~ 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 ART
(Agricultural Residential Transitional) 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 ACT
(Agricultural Commercial Transitional) 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 "E" are hereby declared to be in Zoning District GC
(General Commercial) as defined by existing ordinances of the
City of Delray Beach, Florida.
- 3 - Ord. No. 125-88
$_~ 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.
Section 9. That this annexation of the subject
property, including adjacent roads, alleys, or the like, if any,
shall not be deemed acceptance by the City of any maintenance
responsibility for such roads, alleys, or the like, unless
otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 10. 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 8th day of Novemher , 1988.
ATTEST:
First Reading October 11, 1988
Second Reading November 8, 1988
- 4 - Ord. No. 125-88
IDA ROAD
ENGLAVE 8e