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03-65 ORDINANCE NO. 3-65. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTIONS 3, 4, and 5 OF ORDINANCE NUMBER G-508, (AN ANNEXA- TION ORDINANCE) PERTAINING TO THE RIGHTS AND OBLIGATIONS OF SAID LANDS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: That Sections 3, 4 and 5 of Ordinance G-508, passed on second and final reading on November 21, 1963, be, and the same are hereby amended to read as follows: "Section 3. That the tracts of land hereinabove des- cribed are hereby declared to be in the Zoning District R-3 as defined by existing ordinances of the City of Delray Beach, Florida, and subject to a ten foot setback from the front property line measured from the north right-of-way line of the roadway hereinafter provided for through Lot 25 and from the cul de sac hereinafter provided for in Lot 24, and ten feet from the south property line of the remainder of Lot 24 and all of Lot 11. "Section 4. That the owners will dedicate the North 25 feet of the South 27 feet of said Lot 25 for public roadway purposes and further dedicate a cul de sac 70 feet in diameter on the easterly 80 feet of Lot 24, said cul de sac to consist of two semi-circules of 70 feet in diameter; a 10 foot strip between said semi-circles; and the part of said lot necessary to fully connect said cul de sac with the aforementioned road- way. The owners will provide an easement for drainage purposes only, six feet in width, from the South line of said lot 24, north to the canal adjoining the property; the westerly boundary of said easement to be 80 feet west of and parallel to the easterly lot line of Lot 24. In addition, the owners agree that all property described in Section 1 shall be subject to the further provision of this ordinance that should Lots 11 or 24 ever be subdivided or otherwise changed from one ownership a suitable means of ingress or egress shall be provided from the aforementioned roadway and cul de sac. It is understood and agreed that until such time as reasonable ingress and egress is provided to the city, garbage collection will be accomplished at the aforementioned cul de sac. In no event shall the aforementioned drainage easements be used for any purpose other than drainage and no sewage shall be drained or carried through such easements. "Section 5. The owners will provide drainage so that water will follow the contour of the land and drain from east to west as far as the cul de sac and then drain from said cul de sac to the finger canal lying contiguous to the property on the north. Said drainage will be accomplished by the use of storm sewer pipes of whatever diameter specified by the City and the storm sewer pipes will be placed within the boundaries of the aforementioned six foot easement under the ground. The above described drainage shall be designed by a qualified engineer and shall be approved by the City prior to the con- struction thereof. All construction shall be in accordance with City standards, and City representatives shall have access to the premises to inspect the construction at all times during said construction period. The owners will save the City harm- less from any expenses incurred by the City which are necessita- ted because of any improper installation of the drainage or of the grading, insofar as the same may pertain to the above des- cribed property. In the event the drainage of the property south of the subject property shall require the installation of storm sewers other than above mentioned or shall require the installation of larger storm sewers, such additional or larger facilities shall be installed at no additional cost to the owners." PASSED and ADOPTED this 22nd day of March , 1965. M~yor ATTEST: First reading ....~ebruar~ Second reading March 22, 1965 -2-