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G-436(11-62) ORDINANCE NO. G-436o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACtt, FLORIDA, ANNEXING TO THE CITY OF DELRAY BLACH CERTAIN LANDS LOCATF~D IN SECTION 18, T0~SHIP 46 SOUTH, RANGE 43 EAST, ~HICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR T~KE ZONING THEREOF. WHEREAS, John B. Ambrose and Isabelle M. Ambrose (his sister) are the fee simple owners of the property hereinafter described except for that portion consisting of Lake Worth Drainage District Right-Of-Way, and WHEREAS, the said John B. Ambrose and Isabelle M. Ambrose, by their Petition, have consented and given permission for the annex- ation of said property by the City of Delray Beach, and WHEREAS, the City of Delray Beach has heretofore been autho- rized to annex lands in accordance with Section 185.1 of the City Cha~er 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: SECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the follow- ing described tracts of land located in Palm Beach County, Florida, which lie contiguous to said city, to-wit: Those tracts of land in Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, described as follows: Tracts 6, 7, 8, 9, l0 and part of ll of the Model Land Company's Subdivision as recorded in Plat Book 6, Page 51, containing approximately 53 acres of land m/l; and more particularly described as follows - BEGIN at the intersection of the North line of Section 18, Township 46 South, Range 43 East, and a line parallel to and 100.0 feet Westerly from, measured at right angles to the existing physical centerline of Lake Worth Drain- age District E-4 Canal, said intersection being the Point of Beginning, and the Northeast corner of here- in described parcel of land; thence Southwesterly a- long a line parallel to and 100.0 feet Westerly from, measured at right angles to the existing centerline of Lake Worth Drainage District E-4 Canal, a distance of 798.60Afeet; thence in a Westerly direction at an angle of 100v-55'-00'', measured from~North to West, to the ore- ceding course, a distance of 365.25 feet; thence Southerly at right angles to the preceding course a distance of 400.0 feet; thence Easterly at right angles to the preceding course a distance of 288.10 feet more or less to a point; thence South- westerly along said parallel line, said line being 100.O feet Westerly from, measured at right angles to the existing physical centerline of Lake Worth Drainage District E-4 Canal, a distance of 285.16 feet; thence in a Westerly di- rection, at an angle of 100°-55'-00'', measure~ from North to West, to the preceding course a distance of 1531.37 feet; thence in a Northerly direction, at an angle of 91°-16'-50'', measured from East to North, to the preceding course a distance of 1383.11 feet, more or less to a point in the North line of said Section 18, Township 46 South, Range 43 East, thence Easterly along said North line a distance of 1825.77 feet more or less to the Point of Beginning; said parcel of l~ld cc~x~taining 50.00 acres more or less and being in Palm Beach County, Florida; 2. A parcel of land in the Northwest Quarter of the North- east Quarter of Section 18 Township 46 South, Range ~3 East, Palm Beach County, Florida - more particularly described as follows: BEGIN at the intersection of a line parallel to and 280 feet northerly from, measured at right angles to the South line of the said Northwest Quarter of the North- east Quarter, with a line parallel to and 100 feet I.lest- erly from measured at right angles to the existing phy- sical centerline of Lake !Jorth Drainage District E-~ Canal, said intersection being the point of beginning and the Southeast corner of the herein described parcel of land: thence Westerly along said parallel line 280 feet North of the South line of the Northwest ~uarter of the North- east Quarter a distance of 288.10 feet; thence Northerly at right angles, a distance of 400.00 feet; thence East- erly at right angles~ a distance of 365.25 feet to a point in the said parallel line 100 feet Mesterly from the centerline of the E-~ Canal; thence ~outherly making an angle with the preceding course of 79v-05'-00'', as measured from West to South, and along said parallel line a distance of #07.37 feet more or less to the Point of Beginning. That part of Lake Worth Drainage District E-4 Canal as described below: COIv~iENCE at point on North Right-Of-Way line of Delray West Road (State Road No. 806) where said line intersects the Westerly Lake Worth Drainage District's E-~ Canal R/W; thence Northeasterly along the Westerly R/W line of said E-4 Canal to point of intersection of said t~esterly R/W line with the North line of Tract 6 of Model Land Company's Subdivision as recorded in Plat Book 6, Page 51, of the Public Records of Palm Beach County, Florida; thence East- erly to a point on the North line of Tract 5 of Model Land Company's Subdivision in Section 18, Township 46 South, Range ~3 East, and referred to hereinabove, which point in- tersects with the Easterly R/W line of said Lake Worth Drainage District's E-4 Canal; thence Southwesterly along said Easterly R/~ line of said E-~ Canal to point of inter- section with the North line of State Road No. 806 right- of-way; thence Southwesterly along the North R/W line of said State Road No. 806 to 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 described 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 ~.. That ALL Lands described and identified here- inabove, and shown on Exhibits "l and 2", at- tached to the Petition for annexation, shall be zoned in District "R-1AA~ as defined by existing ordinances of the City of Delray Beach. S CT ON In consideration of Petitioners consent to an- nexation as above set forth, and since municipal services will not accrue to said lands until such time as development is undertaken and completed, said lands shall not be liable to ad-valorem taxes for a period of five (5) years from the date hereof, except in the following events and under the following circumstances: (1) In the event any parcel or lot is sold, transferred or other~rlse disposed of, or in the event build- ings or structures (except temporary real estate office) are constructed on any parcel or lot, then such parcel or lot shall be subject to normal taxation, including the bonded indebted- ness of the City of Delray Beach, Florida.. (2) In the further event any portion of the lands described upon attached Exhibits "l and 2" are platted or subdivided, the tax moratorium aforesaid shall re- main effective and in full force, subject to the conditions of sub-paragraph (1) above; except, provided when 50% of the lots, as shown on such plat or subdivision are sold, such mora- torium shall cease and terminate as to those platted lots re- maining unsold and thereupon each of the remaining unsold lots, as shown upon such plat, may thereafter be taxed at an annual tax not to exceed $10.00 per lot for the remaining unexpired portion of said five (5) year moratorium. (3) At the expiration of five (5) years from the date hereof, all above described lands, as shown on said Exhibits "l and 2", shall become subject to normal taxa- tion, including the bonded indebtedness of the City of Delray Beach, Florida. S,ECT O That the lands hereinabove described shall im.- mediately 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, except as otherwise provided and set forth in Section4 above, and persons residing thereon shall be deemed citizens of the City of Delray Beach. SECTION 6~. That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a court of competent jurisdiction, such record of illegality shall in no way affect the remaining portion. This Ordinance was placed on first reading by the City Council at a regular meeting held on March 26, 1962, and said Council will sit in the Council ChAmbers at the City Hall in regular session on April 9.th, 1962, at which time the above Ordinance will be considered and all persons interested shall be given an opportunity to be heard. PASSED in regular session on the second and final reading the 9th day of April, 1962. ATTEST: 1st Reading March 26, 1962. 2nd Reading April 9, 1962. £XHIBIT "1" ~i L~ /. . , -.~"7,/'/.: " . '. ~ ; ~,7 - - ! . , ~.~'': ~'~i~- ~ ~ . I ' ~ - ~'~, ~: -~ ,Z' ' l~  ~' ', . ' ' ~; b ~ZY,'lll ", ' D E S C R I P T I 0 N ~;', a~ ~he in~emsec~ion of ~tze North line of Section 18, Township ~6 Sou%h, RanBe ~5 Eas~, ~d a line paFallel ~o aad 100.0 fee~ Wes~ePly f~om, measuPed ag ri~h~ angles to ~he exis~inD physical centeF!ine of Lake %7or~h.D~ainaDe Dist~ic~ E-4, Canal, said in~emsecCion beinD ~he ~oin~ of BeDizu~inE, an~ the of hepein descPibed parcel of land; ghence Sou~Lwes~e~ly a!onD a line parallel ~o and lO0.C fee~ Wes~erl~ from, measuL'ed an~les to ~he exis~in~ physical cenSeP!ine of Lake Dis~ic~ E-z~, Canal, a distance of 79~.C0 fee~ ~hence in a 'Neske~17 diPec~ion a~ an an~le of 100°-~5'-00", measumed f~om · No~h ~o Wes'k, ~o ~ke pmecedin~ coumse a distance of,?:.f, C~ fe~ ~hence Sou~heml7 a~ ~l~h~ an~lcs ~o ~he p~ecedins course a distance. . o ztO0,O feet; thence Easterly at right angles to the preceding course a dimtance of ~::" '~ feet more or less to a point; thence Southwesterly along said parallel line, said line being lO0.O feet .estorly from, measured at ri~,:ht an~':].os tu the existinff p,,yolcal ~ ~'~'.,'~ .' "7- ~ ~ ~-'-~': ................. . .... '- L-' ~ .... ' . ' ,,' i .i- ~ , I~~ ~.~' ~'~,-;' ::i: I · t' -~ ~ , ,~ '-z:~3:~.~:"-:' '.'- 4-,.. -,- . , -.~-~ ..... , ..... ,~'. ..... D E S C R I P T I 0 N BEGI?~ at the intersection of the North line of Section 18, To-~mship ~6 South, Range 4~ East, ~d a line p~rallel to and 100.O feet Westerly from, measured a~ right angles to the existing physical centerline of Lake ;~orth. Drainage District E-~, Canal, said intersection being the Point of Begio~ing, ~n~ the Northeast corner of herein described parcel of land; thence Southwesterly along a line parallel to and lO0.O fee~ ?lesterly from, measured at right angles to the existing physical centerline of Lake W~r~h Drainage District E-4, Canal, a distance of 798.~.0 feet; thence in a '~es~erly direction at an anglo of 100~-55'-00", ~easured from ~orth to Wes'b, to the preceding course a distance of,3.(-t~, ~ feet~ thence ,Southerly at right angles to the .preceding course a distance. of/~0~.0 feet; thence E~s~oPly at ~ight angles to the preceding course~ a distance of 2~.I~ foe~ more or less to a point; thence Southwesterly along s~id parallel line, said line being 100.O feet 'Jes~erly fro~, measured at riKh~ an~.';les to' ~he existing physicaZ of 2~!.5.16 fc~'ec; thence J_n ;.~ .:e~_~t,::'.'ly dir.:.ction, at an an-~lc of' 100~-55'-OO'', :,~easurcd from North to f~est, to thc preceding course a distance of 1~)1.57 feet; thence in a i~ortherly direction anglo of 91°-16'-50'', measured from East to NortL,~to the p~eceding course a distance of 1)85.1~ feet, :~ore or less to a point in the .;orth line of said oection 18, Township ~6 South, Range ~) East; thence Easterly along said ,Worth line a distance of 1325.77 feet more or less to the roint of Be[~inning; said parcel of land containing ,~',,03 acres more or less and being in I~alm Beach 'County, Florida also ~mo,~ as p~.rt of Tracts.o-' ~,-~..'' ~.~ T~-~cts 8~-lO,and part of Tract 11, of ..,,odel Land Companys Subdivision as recorded in Plat Book 6, Pa~e 51, Palm Beach Cou'~~'' Florida, Public Records SAID parcel of land being subject to ri~.sht of way fOr Lake Worth Drainage District and ~asements of .Records. '"' £XH]BIT "2" / / ~.'/ , ' t' / ~"' ~G~_. %::' ~...~ .. 0'- ..' · I j "~ 0 · - I ,''. ~ O~~ ' I ~ ~ ' ,: ~ *~ . .D6',T) :,':: ~ ~,'' '. ' ''' =''''' Section 18,To,~mship ~6 South,Range 43 East,Palm Beach ~o~ty,mo.e particularly described as follows: Begi~ing at the intersection of a line parallel to and '280 feet northerly from, measured at right ~gles to the South li. ne of the said Hor~hwest Quarter of the Zor~heast Quarter~ with a line parallel to and 100 feet Westerly from, measured at right angles to, the exiszing physic~lcenter line of Lake Jorth Drainage District E-~ C~al, said intersection being the point of beqim~ing and the Scutheast corner of the herein described parcel of land: thence :Iesterly along said parallel line 280 feet of ~he South line of the Northwest Quarter of the Northeast 9uarter a distance of 288.10 feet; thence ~Iortherly at right angles, a dist~ce of ~.OO.O0 feet; thence Easterly at ri~;ht angles, a dist~ce of ~65.25 feet to a point in the ss. id parallel line 1OO feet :Yes~erly from the ~ ~ C~al; thence Southerly ma~ng an an~le with the center line of ~- preceding course of 790-o5'-00"as measured fFom :Vest to ~3outh,and alon~ said parallel line a distance of aO7.37 feet more or less ~o zhe Point of Beginning. ' '"' x I ~ !,'"~,~ .~ ," , ~ ' /~ '"', ~ ~ ' ," .i" ,, -,~,"~\--,, '~ .~ ,'~;,"~,.- ,~"~ 0~:" s. .. , ';. E. ELLIOTT GROSS & ASSOCIATES ENGINEERS & SURVEYORS ~.)-.- I HEREBY CERTIFY that the plat shown hereon ii a true and correct repreeentmtion of m ('~ ,.?r ~ ,~:'~ .~,; lurvey made under my direction, ind that eiid =u~ey i. acourite to the beit of my knowled;e Rellitere~- L~,ld Surveyor and belief, an~ there are no incroachmentl. Florida Certificate EXC~iRPT FBOM BOARD OF CiNJNTY COMMISSION}iRS OF M2~fI/,~] HkT~D FEBRUARY 6, 191'( - BOOK 35, PAGES 105 and 106. The following roads having been viewed and posted according %o law were declared public highways on motion of Commissioner Aicher, seconded by Commissioner Benson and motion carried: Beginning at the Delray Road and the Model Land Company Ca~-I One and a half miles Wes~ of Delray, thence Nor~;. along the West Bank of the Canal to the south bank of the Bryant and Greenwood Canal thence West along the South bank of the Canal to the North West Corner of Section making ~he road two and a quarter m/les long. EXCF/~PT FROM BOARD OF COUNTY COMMISSIO~ MJJCJTE~ OF M~KET/2~ HkV,D FEBRUARY 6, 1917 - BOOK 35, PAGES 105 and 106. The lo--owing roads b~ving been viewed and posted according ~o law ---- ~.~.~u highways on motion of Co~ssioner Aicher, seconded by Co~mmis$1oner Benson and motion carried: Beginning at the Delray Road and the Model Land Company Canal One and a half miles 'West of Delray~ thence along the West Bank of the C~--1 to the south bank of the Bryant and Greenwood Canal thence West along the South benk of the Canal to the North West Corner of Section making the road two and a q,~arter miles long. EXCER_~I' FROM BOARD OF COUFUY CO~LISSI0~i~ MIi~iY±SPx 0F ~Ji'ETII~ HELD FEBRUARY 6, 1~17 BOOK 2~5, PAG~ lO'~ and The following roads having been viewed and posted according were declared public hig.hw~ on motion of Commissioner Aicher, seco,.~ied by .?o~m-~ ssioner Benson and motion carried: Beginning et the Delray Road and the ~odel Land Company Cans_l One and a half m/les Wes~ of DeLray~ t~mnce Nor,:. along the West Bank of the C--~1 to the south bank of the Bryant and Greenwood Canal thence West along the Sout2~ bank of the Canal 'to the North West Corner of Section _m~king the road two and a quarter m/les long.