126-88 approximately~lil 0 feet north of
Atlantic Avenue, between High Point Boulevard~
North and N.W. 18th Avenue.
IMPROVED AND UNIMPROVED
ENCLAVE NO. 63
ORDINANCE NO. 126-88
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 APPROXIMATELY 1,100 FEET NORTH OF
ATLANTIC AVENUE, BETWEEN HIGH POINT BOULEVARD
NORTH AND N.W. 18TH 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 MI (MEDIUM INDUSTRIAL) DISTRICT, IN PART,
AND ART (AGRICULTURAL RESIDENTIAL TRANSITION-
AL1 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 Delra¥ 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:
The Southerly 405 feet of the Northerly 2,005
' feet of the Northeast Quarter lying east of
the east right-of-way of the Lake Worth
Drainage District E-4 Canal and west of a
line parallel to and 550 feet west of the
center line of the Seaboard Air Line
right-of-way (LESS the Congress Avenue
right-of-way), in ORB 2321, Pg. 1894, lying
within Section 18, Township 46 South, Range
43 East, Palm Beach County, Florida; together
with,
The North 105 feet of the South 425 feet of
the West 100 feet of the East 500 feet of the
North Half of the Southeast Quarter of the
Northeast Quarter lying west of the Seaboard
Air Line Railroad right-of-way, in ORB 3670,
Pg. 1724. lying within Section 18. Township
46 South, Range 43 East, Palm Beach County,
Florida: together with.
The Southerly 200 feet of the Northerly 1,625
feet of the Northeast Quarter lying east of
the E-4 Canal right-of-way and Westerly of
the right-of-way line of the Seaboard Air
Line Railroad right-of-way (LESS the Easterly
300 feet and the Congress Avenue
right-of-way); together with,
The South 300 feet of the Northerly 2,005
feet of the West 100 feet of that part of the
Northeast Quarter lying east of a line 550
feet west of the center line of the Seaboard
Air Line Railroad right-of-way, in ORB 5059,
Pg. 1397, lying within Section 18, Township
46 South, Range 43 East, Palm Beach County,
Florida.
The North Half of the Northwest Quarter of
the Southwest Quarter of the Northeast
Quarter lying west of the E-4 Canal (LESS the
West 222 feet of the North 165 feet. the West
177 feet of the South 165 feet and the South
150 feet lying east of the West 177 feet and
LESS that part of the East 40 feet of the
road right-of-way as in ORB 1585, Pg. 84),
lying within Section 18, Township 46 South,
Range 43 East, Palm Beach County, Florida:
together with,
The East 125 feet of the West 302 feet of the
South 150 feet of the North Quarter of the
Southwest Quarter of the Northeast Quarter,
in ORB 3237, Pg. 0221, lying within Section
18, Township 46 South, Range 43 East. Palm
Beach County, Florida: together with,
The South 150 feet of the North Quarter of
the Southwest Quarter of the Northeast
Quarter (LESS the West 302 feet and the East
40 feet of the road. right-of-way, in ORB
4138, Pg. 0614, lying within Section 18,
Township 46 South, Range 43 East, Palm Beach
County, Florida: together with,
The North 100 feet of the South Three Quar-
ters of the Southwest Quarter of the North-
east Quarter lying west of the E-4 Canal
(LESS the East 40 feet of the road
right-of-way) and the North 100 feet of the
South Three Quarters of the East Half of the
Southeast Quarter of the Northwest Quarter
(LESS the West 40 feet), in ORB 2953, Pg.
1488, lying within Section 18, Township 46
South, Range 43 East, Palm Beach County,
Florida; together with,
Ord. No. 126-88
The South 100 feet of the North 200 feet of
the South Three Quarters of the East Half of
the Southeast Quarter of the Northwest
Quarter (LESS the West 30 feet) and the South
100 feet of the North 200 feet of the South
Three Quarters of the West Half of the
Southwest Quarter of the Northeast Quarter
lying west of the E-4 Canal, in ORB 3542, Pg.
1735, lying within Section 18. Township 46
South, Range 43 East, Palm Beach County,
Florida; together with,
The East 361 feet of the West 396 feet of the
North Half of the Northeast Quarter of the
Southeast Quarter of the Northwest Quarter
(LESS the East 18 feet of the North 150
feet), in ORB 2318, Pg. 1460, lying within
Section 18, Township 46 South, Range 43 East,
Palm Beach County, Florida; together with,
The West 132 feet of the East 264 feet of the
North Half of the Northeast Quarter of the
Southeast Quarter of the Northwest Quarter
(LESS the North 150 feet), in ORB 2318, Pg.
1460, lying within Section 18, Township 46
South, Range 43 East, Palm Beach County,
Florida; together with,
The East 32 feet of the North 158 feet of the
North Half of the Northeast Quarter of the
Southeast Quarter of the Northwest Quarter,
the East 132 feet of the South 27 feet of the
North 185 feet of the North Half of the
Northeast Quarter of the Southeast Quarter of
the Northwest Quarter and the West 222 feet
of the North Half of the Northwest Quarter of
the Southwest Quarter of the Northeast
Quarter (LESS the South 165 feet of the East
45 feet and the West 68 feet of the South 145
feet), lying within Section 18, Township 46
South, Range 43 East. Palm Beach County,
Florida; together with,
The East 32 feet of the South 145 feet of the
North Half of the Northeast Quarter of the
Southeast Quarter of the Northwest Quarter
and the West 68 feet of the South 145 feet
of the North Half of the Northwest Quarter of
the Southwest Quarter of the Northeast
Quarter, in ORB 3988, Pg. 1930, lying within
Section 18, Township 46 South, Range 43 East,
Palm Beach County, Florida; together with,
The North 158 feet of the West 100 feet of
the East 132 feet of the North Half of the
Northeast Quarter of the Southeast Quarter of
the Northwest Quarter, lying within Section
18, Township 46 South, Range 43 East, Palm
Beach County, Florida; together with,
The West 100 feet of the South 145 feet of
the East 132 feet of the North Half of the
Northeast Quarter of the Southeast Quarter of
the Northwest Quarter, in ORB 3558, Pg. 1477.
lying within Section 18, Township 46 South,
Range 43 East, Palm Beach County, Florida;
together with,
- 3 - Ord. No. 126-88
The West 30 feet of the East Half of the
Southeast Quarter of the Northwest Quarter
and the East 5 feet of the West 35 feet of
the North Half of the Northeast Quarter of
the Southeast Quarter of the Northwest
Quarter, in ORB 2793, Pg. 1615, lying within
Section 18, Township 46 South. Range 43 East,
Palm Beach County, Florida.
The subject property is located approximately
1,100 feet north of Atlantic Avenue, between
High Point Boulevard North and N.W. 18th
Avenue.
The above described parcels contain a 23.99
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 MI
(Medium Industrial) as defined by existing ordinances of the City
of Delray Beach, Florida.
~ke~iD~_4~_ 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 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.
fke~CZkID_~_f~ 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.
fke~n252~D~/~_ That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
~e~c~&~o21__~_ 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.
- 4 - Ord. No. 126-88
~ 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 November , . , 1988.
ATTEST:
City Clerk
First Reading October 11, 1988
Second Reading November 8, 1988
- 5 - Ord. No. 126-88