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G-508(31-63) ORDINANCE NO. G-50____~8. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LANDS LOCATED IN SECTION 9, TO~SHIP 46 SOUTH~ RANGE 43 LANDS ARE TO EXIST- EAST, ING MUNICIPAL LIMITS OF SAID CITY; REDEFIN- ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, the ROB-E CORPORATION, a Florida Corporation, is the fee simple owner of the property hereinafter described, and WHEREAS, ROBERT L. MOORE and EDITH C. MOORE, his wife are the owners of property hereinafter described, and WHEREAS, the said corporation and ROBERT L. MOORE and EDITH C. MOORE, his wife, by and through their attorney, hage peti- tioned, consented and given permission for the annexation of said property by the City of Delray Beach, and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ection 1, That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described tracts of land located in Palm Beach County, Florida, which lie contiguous to said City, to-wit: The South 110' of the East 133' of Lot 25, Model Land Company Subdivision in Section 9, Township 46 South, Range 43 East, according to the plat thereof, recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, plat book 8, at page 40, and Beginning at a point in the south line of Lot 25 of the Subdivision of said Section 9, according to the plat thereof recorded in Plat Book 8, Page 40, Public Records of Palm Beach County, Florida, at a distance of 133 feet westerly, measured along the south line of said Lot 25, from the southeast corner thereof; thence westerly, along the south line of Lots 25, 24 and 11 of said subdivision, a distance of 750 feet, more or less, to a point in the easterly right of way line of the Intra- coastal Waterway; thence northerly, along said easterly right of way line, a distance of 103 feet, more or less, to a point in the westerly extension of the southerly line of a yacht basin; thence easterly along the said westerly extension and along the waters edge of the southerly line of said yacht basin, a distance of 738 feet, more or less, to a point in a line running northerly from the point of beginning parallel to the east line of said Lot 25, thence southerly, along said parallel line, a distance of 110 feet, more or less, to the point of beginning. Section 2, That the boundaries of the City of Delray Beach, Florida, 'are hereby redefined so as to include therein the above des- cribed tracts and parcels of land, and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the tracts of land hereinabove described are hereby declared to be in zoning District "R-3", as defined by existing ordinances of the City of Delray Beach, Florida, and subject to a ten (10') foot setback from front property line, measured from the north right of way line of the roadway hereinafter provided for, through. Lots 24 and 25 and at least ten (10') feet from the south property liDe of Lot 11. Section 4. That the owners will dedicate the north twenty- five (25) feet of the south twenty-seven (27) feet of said Lot 25 and Lot 24 for public roadway purposes. The owners will further provide two six foot drainage easements, one over the west six feet of Lot 25, and the other over the west six feet of Lot 24. The owners contemplate construction only on Lot 25 in the immediate future, and agree to con- struct a cuI de sac eighty feet in diameter at the west line of said Lgt 25. Prior to construction on either Lots 24 or 11, the owners agree to improve the roadway through Lot 24 and to further construct a cul de sac eighty feet in diameter at the west line of Lot 2~. The owners may then abandon the cul de sac which was previously constructed at the west line of Lot 25. The location of cul de sacs and easements herein described are subject to change upon presentation to the City of specific plans and specifications drawn in accordance to the building and zoning ordinances of the City of Delray Beach and with the approval of the City Council following public hearing with notice to contiguous property owners. Section 5. The owners will provide drainage so that the water will follow the contour of the land and drain from east to west as far as the westernmost cul de sac and then will 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 is specified by the City, and the storm sewer pipes will be placed within the boundaries of the aforementioned six foot easements. The above described drainage shall be designed by a quali- fied engineer and shall be approved by the City prior to the construc- tion thereof. Ail construction shall be in accordance with City stan- dards, 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 harmless from any expenses incurred by the City which are necessitated because of any improper installation of the drainage or of the grading, insofar as the same may pertain to the above described property. Section 6~ The only on-street parking allowed within the aforesaid roadway shall be parallel parking along the north side of the roadway within a seven foot strip. Section 7. The owners shall provide ample space for con- venient ingress and egress for garbage and trash pickups as well as for fire and police vehicles. Section 8. No further building permits shall be issued on the aforesaid premises until the City is satisfied that the owners have complied with the provisions hereinabove set forth. Section 9. That buildings may be erected to any sea wall which is built along the north line of the second property above des- cribed; and that the assessed value of such land shall be on the basis ef $1,500.00 per acre until such portions thereof may be improved or sold o --2-- Section 10. That the lands hereinabove described shall immediately become subject to all of the franchises, privileges, im- munities, debts (except the existing bonded indebtedness), obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, except for the provisions of Section 9 hereof, and persons residing thereon shall be deemed citizens of the City of Delray Beach. Section 11. That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a court of compe- tent jurisdiction, such record of illegality shall in no way affect the remaining portion. This ordinance was placed on first reading by this City Council at a Regular meeting held on September 23, 1963, and said Council passed it in its present amended form on Thursday, November 21~ 1963, amending the action taken on October 14, 1963. MAYOR ATTE ST: 2nd Reading: October 14, 1963 -3- DELRAY BEACH NEWS-JOURNAL Published Semi.Weekly Delray Beach, Palm Beach County, Florida ~ PROOF OF PUBLICATION STATE OF FLOILIDA COUNTY OF PALM BEACH News-Journal, a semi-weekly newspaper published at Delray Beach in Palm Beach County, Florida; /~. /-- .-'2 ,'-'~ ' Ah'!ant further rays that the said Delra¥ Beach News-Journal is a newspaper published, at Delta7 Beach, in said Palm Beach County, ~lorida, aml that the said new~paper ha~ heretofore been continuously publisl~ in said Palm Beach County, Florida, each week and has been entered as second class mail matter at the post office in Delra¥ Beach, in said. Palm Beach CountT, Florida, for a period of one yea~ next preceding the fimt publication of the attached ¢0p¥ o! vertisement; and affiant further says that he has ~either paid nor promised any person, firm or corporation an7 discount, rebate, commission or refund for the purpose of seeudng this advor- tisement tot pabl~eafion kn the raid newspaper. ~/~ 8worn to and subscribed be ore me ~ .:::....~ .~... ¥ m ..... :.:...:: ............ ::...:.....7.4~. 19 ...... NOTARY PUBLII~STATE OF FLORIBA AT LAR6E MY eOIl"~ll F. JU~ES o~. 25, !,66 .