127-88 Located immediately no~bFof Atlantic Avenue,
lying on both the east and west sides of
Congress Avenue.
IMPROVED AND UNIMPROVED
ORDINANCE NO. 127-88
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 IMMEDIATELY NORTH OF ATLANTIC AVENUE,
LYING ON BOTH THE EAST AND WEST SIDES OF
CONGRESS 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 LI (LIGHT
INDUSTRIAL) DISTRICT, IN PART, AND GC (GENER-
AL COMMERCIAL) 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 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 b~en
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 Southwest Quarter of the Southwest
Quarter of the Southeast Quarter of the
Northeast Quarter (LESS the West 53 feet of
the road right-of-way), the South Half of the
Southeast Quarter of the Southwest Quarter of
the Northeast Quarter (LESS the East 53 feet
of the road right-of-way), and the South Half
of the Southwest Quarter of the Southwest
Quarter of the Northeast Quarter, East of the
E-4 Canal, in ORB 2266, Pg. 1454, lying
within Section 18, Township 46 South. Range
43 East, Palm Beach County, Florida; together
with,
That part of the Northwest Quarter of the
Southeast Quarter as in OR 2015, Pg. 1645, in
ORB 4465, Pg. 1334, lying within Section 18,
Township 46 South, Range 43 East, Palm Beach
County, Florida: together with,
The Westerly 150 feet of the Easterly 472.40
feet of the Northerly 150 feet of the South-
erly 550 feet of that part of the Northwest
Quarter of the Southeast Quarter lying north
of Old State Road 806 as in OR 1372, Pg, 285,
in ORB 5057, Pg. 0331, lying within Section
18, Township 46 South, Range 43 East, Palm
Beach County, Florida: together with,
The North 159.63 feet of the East 269.4 feet
of the Northeast Quarter of the Northwest
Quarter of the Southeast Quarter, all lying
west of Congress Avenue, in ORB 3157, Pg.
1~6~. lying within Section 18, Township 46
South, Range 43 East, Palm Beach County,
Florida.
The East Half of the Northwest Quarter of the
Northeast Quarter of the Southeast Quarter
lying north of Old State Road 806 and south
and adjacent to the New State Road 806 {LESS
the 1-95 right-of-way as in OR 1049, Pg.
450), in ORB 3553, Pg. 0691. lying within
Section 18, Township 46 South, Range 43 East,
Palm Beach County, Florida; together with,
The tract north of the State Road in the East
Half of the Northeast Quarter of the North-
west Quarter of the Southeast Quarter, being
the West 69.89 feet of the East 322.89 feet
of the South 145.14 feet of the North 551.19
feet as in OR 1733, Pg. 730. in ORB 4752, Pg,
0989, lying within Section 18, Township 46
South. Range 43 East, Palm Beach County,
Florida; together with.
The West 20 feet of the East 342,40 feet of
the Southerly 131,97 feet of the Northerly
551.20 feet of the Northeast Quarter of the
Northwest Quarter of the Southeast Quarter,
in ORB 4?52, Pg. 0989, lying within Section
18, Township 46 South, Range 43 East, Palm
Beach County, Florida; together with,
The parcel 150 feet by 150 feet in the
Northwest Quarter of the Southeast Quarter as
in OR 1133, Pg, 542, in ORB 5057, Pg. 0331,
lying within Section 18, Township 46 South,
Range 43 East, Palm Beach County, Florida;
together with,
The West 69.4 feet of the East 269,4 feet of
the North 406.05 feet of the Northeast
Quarter of the Northwest Quarter of the
Southeast Quarter (LESS the North 159.63
feet), in ORB 5057, Pg. 0331, lying within
Section 18, Township 46 South, Range 43 East,
Palm Beach County, Florida; together with.
- 2 - Ord. No. 127-88
Beginning at the intersection of the E-4
Canal and the North line of State Road 806,
the Easterly 45 feet to the Point of Begin-
ning, the Northerly 400 feet, the Easterly
215 feet along the Southerly boundary of the
Schmitt property, then run Southerly 389.87
feet, Westerly ~7 43 feet to the Point of
Beginning CLESS the additional right-of-way
of State Road 806), in ORB 3833, Pg, 1787,
lying within Section 18, Township 46 South,
Range 43 East, Palm Beach County, Florida;
together with,
The East Half of the Northwest Quarter of the
Northeast Quarter of the Southeast Quarter
lying north and adjacent to the New State
Road 806 (LESS the 1-95 right-of-way as in OR
2190, Pg. 393), in ORB 2941. Pg. 0282, lying
within Section 18, Township 46 South, Range
43 East, Palm Beach County, Florida; together
with,
The part of the Northwest Quarter of the
Southeast Quarter lying north of and adjacent
to State Road 806, being the West 100 feet of
the Easterly 442 feet of the Southerly 124.19
feet as measured along the West boundary,
lying within Section 18, Township 46 South,
Range 43 East, Palm Beach County. Florida:
together with,
The part of the Northwest Quarter of the
Southeast Quarter lying north of State Road
806. west of Congress Avenue, being the
Westerly 100 feet of the Easterly 442.40 feet
of the Northerly 76.71 feet of the Southerly
138.63 feet measured along the East line of
the parcel, in ORB 1310, Pg, 0345, lying
within Section 18. Township 46 South, Range
43 East, Palm Beach County, Florida: together
with,
The Westerly 220 feet of the Easterly
feet of the Southerly 371 feet lying north of
State Road 806 in the Northwest Quarter of
the Southeast Quarter as in OR 22?5. Pg. 366,
in ORB 5107, Pg. 1793, lying within Section
18, Township 46 South, Range 43 East, Palm
Beach County, Florida.
The subject property is located immediately
north of Atlantic Avenue. lying on both the
east and west sides of Congress Avenue.
The above described parcels contain a 16,11
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.
- ~ - Ord. No. 127-88
~ That Section 173.886 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the trac%s of land hereinabove described as
Parcel "A" 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 "B" are hereby declared to be in Zoning 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 %he 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, 8th day of Noven%ber , 1988.
MAYOR
ATTEST:
First Reading October 11, 1988
Second Reading November 8, 1988
- 4 - Ord. No. 127-88
IICIIII m,
,C:mleO S(C.. ~~ I
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co,,N ,~cz ENCLAVE 63 7 ~
ENCLAVE 66