G-446(21-62) ORDINANCE NO. G-[~6
AN ORDINANCE OF Ti{E CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING
TO THE CITY CERTAIN LANDS LOCATED IN SEC-
TION 9, TOWNSHIP [~6 SOUTH, RANGE 43 EAST
WEICH LANDS ARE CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LANDS; PROVIDING FOR THE ZONING AND TAXATION
OF A PORTION OF SAID LANDS AND CONDITIONS OF
ANNEXATION; AND PROVIDING THE RIGHTS AND OB-
LIGATIONS 0F A PORTION 0F SAID LANDS.
WI~S~ it is deemed for the best interest, safety,
health, and general welfare of the citizens of the City of Delray
Beach, Florida, and the owners of the above-described real property
that said lands be annexed to the City of Delray Beach, and
WHEREAS, said lands are contiguous to the present boun-
dary of territorial limits of the City, and that, when annexed, will
constitute a reasonably compact addition to the incorporated terri-
tory with which it is combined, and
WHEREAS, William N. Christenson and Elizabeth W.
Christenson, his wife, as tenants by the entirety, own the property
hereinafter described in Subdivision A, Section I, and
WHEREAS, Beth Newcome Christenson, a widow, owns an
undivided one-half interest, and Beth Newcome Christenson, William
N. Christenson and First National Bank in Palm Beach, as executors
and trustees under the will of ~,~illiam L. Christenson, deceased,
own the other undivided one-half interest in the property herein-
after described in Subdivisions B and C of Section I, less all of
the right-of-way of Palm Beach County ~oads, and
WHEREAS, all of the parties hereinabove described
have consented and given permission for the annexation of said pro-
perty, 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:
_SECTION I. 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'.
Those tracts of land lying and being in the Model
Land Company's Subdivision of Section 9, Township
~6 South, Range ~3 East, according to the plat
thereof recc~-ded in Plat Book 8, page ~0, public
records of Palm Beach County, Florida, described
as follows:
A. The north 230.8 feet of that part of Lot 30 of
said Model Land Comoanyls Subdivision of said
Section 9, lying east of Andrews Avenue and south
of Eighth Street$
B. Also Lots 30 and 31 and that part of Lot 12 lying
east of the Intracoastal ~aterway, all less right-
of-way of roads and also less those lands conveyed
to Robert E. Raborn by William L. Christenson and
Beth Newcome Christenson (his wife) per following
deeds:
1. DEED dated June 23rd, 1961, as app~ears in
the Public Records of Palm Beach County,
Florida, per O.R.B. 655, Page ~18;
2. DEED dated March 30th, 1960, as appears in
the Public Records of Palm Beach County,
Florida, per 0.R.B. 489, Page 659; and
3. DEED dated April 8th, 1959, as appears in
the Public Records of Palm Beach County,
Florida, per O.R.B. 333, Page 215.
C. That part of Lot 13 lying east of the Intracoastal
Waterway; that part of Lot 33 lying west of Andrews
Avenue; and ALL of Lot 32, all in accordance with
the Model Land Comnany's Subdivision of said Section
9 as hereinabove described.
~ECTI0N .2.. The following described ~roperty is not
owned by the Ch~istensons but is included herein and is described as
follows:
That part of Lot 14 of said Subdivision of Sec-
tion 9, as above described, lying east of the
Intracoastal '~aterway; also that part of Lot 15
of said Subdivision of Section 9 lying east of
the said h~aterway and north of Delray Isle S/D
(Plat Book 2~, Page 165); and t~ N~ of the N~
of the ~ of Government Lot 1, Section 9, Town-
ship ~6 South, Range 43 East, Palm Beach County,
Florida.
SECTION 3. That the boundaries of the City of Delray
Beach are hereby redefined so as to include therein the above des-
cribed tracts of land, and said lands are hereby declared to be in
the corlmorate limits of the City of Delray Beach, Florida.
SECTI.ON ~. That those portions of the property here-
inabove described in Section 1 hereof belonging te the Christensons
and hereby being annexed to the City of Delray Beach, Florida, are
taken into said City under the following terms and conditions:
A. TAX _._ S
That so long as the property hereinabove described
is owned by the Christensons and no buildings are
erected thereon, same shall be taxed as acreage.
The above shall include the small office building
on the extreme easterly portion of Lot 30 of the
Subdivision of Section 9 north of Eighth Street.
That said property shall be tgxed as acreage and
for that purpose assessed at ~1500.00 per acre,
EXCEPT that the portions thereof as set forth in
certain temporary spoil disposal easements with
the U.S. Government, dated December 11, 1961,
and March 30, 1962, shall be free from taxation
for the life of said easement grants or until
such time as the aforesaid easemen~ grants are
terminated. This exemption shall not apply to
any lots or parcels of land' subject to the above
easements upon sale or transfer of same to party
or parties other than the Christensons. The
Chris tenson property shall not be subject to
the present bonded indebtedness of the City of
Delray Beach, neither shall Lots, as and ~hen
sold, be subject thereto.
B. ZONING
All of %he Chrlstenson property to the north of
Eighth Street shall be zoned C-1 Commercial.
The Cb_ristensons, property to the south of Eighth
Street and west of Andrews Avenue shall be zoned
C-1 Commercial to a depth of 300 feet southerly
from the south line of Eighth Street. This shall
specifically include building setback lines and
uses now permitted by the City of Delray Beach
Zoning Ordinance for the C'i Districts.
The Christenson property fronting on Andrews Avenue
shall be zoned R-2 beginning at a point 300 feet
south of Eighth Street, running thence to the
southerly llne of tb~ Christenson property. This
R-2 zoning shall extend westerly from Andrews Ave-
nue a depth of 135 feet.
The remainder of the Christenson property shall be
zoned R-3 which is for multiple family dwellings.
(Apartments and hotels.)
C. LOT CLEARI..NG
The Christensons shall not be required to comply
with Chapter 15 of the Delray Beach Code of Ordi-
nances pertaining to lot clearing until the Florida
Inland Navigation District spoil area to the south
of the lands described in Section I hereof is filled
to a usable ele vation.~ This exemption shall not ex-
tend to purchasers of lots from the Ch~istensons.
The portion of Lot 30 of the said Subdivision of
Section 9 hereinabove described n.w owned by William
N. Christenson and Elizabeth W. Christenson, his wife,
lying south of Eighth Street and east of Andrews Ave-
nue shall all be zoned C-1 Commercial and is covered
by all of the provisions of this Ordinance Just as
fully as the balance owned by Beth Newcome Christenson
and the estate of William L. C~wiatenson, deceased.
Likewise, any future conveyances of said property
among the Christensons shall not be construed as a
sale as contemplated in this Ordinance so as to lift
the property so conveyed from the continued protec-
tion of this Ordinance, and said privilege of con-
veyance shall apply to all of the property described
and set forth in Section I hereinabove outlined.
-3-
SE.C,T~I0N .~.. Except for the provisions hereinabove
contained in Section 4 of this Ordinance which expressly apply only
to the lands now owned by the Christensons, the lands hereinabove
described shall immediately become subject to all of the franchises,
privileges, immunities, debts, (except existing bonded indebtedness)
obligations, liabilities, ordinances and laws to which lands in the
City of Delray Beach are now or may be, and persons residing thereon
shall be deemed citizens of the City of Delray Beach.
ORDINANCE PASSED AI,~D ADOPTED in regular session on
this the 2%th day of Juno A.D. 1962.
ATTEST:
First Readtng.~ Ma~y 28, 1962 Second Reading June 2J, 1962
-4-
F.I.N.D. Form B
TEMPORARY SPOIL DISPOSAL EASE~NT
THIS EASEMENT, made this //~day of ~3~{~' , A.D. 19 6~,
Ma~i n~ ~ inPalm B~h, a~ eXeeu~o~ ~.de~ ~e ~1.1 Of ~11~
o
party of the first p~rt) ~n~ the UNI~D STATES OF A~RICA) repre~nte~ by
the District E~in~er of th~ U. S. ~rmy Engineer District, Jacksonville)
hereinafter called the Engineer) ~rty of th~ ~econ~ ~rt, WIT~SSE~ that
~S, in the River ~nd ~rbor ~ct of Congress/ approve~ March
19~5~ provision wa~ m~de for improve~nt of the Intraco~st~l W~terw~y from
Jacksonville) Flori~ to Mi~mi~ Florida, in ~ccord~nce ~ith th~ plans set
forth in Hous~ Document No. ~0~ 79th Congress) 2nd Se~ion, ~ubJ~ct to the
condition, ~mong others~ thmt locml inter~tm furnish free of co~t to the
Unite~ States ~11 l~n~, easements, rights-of-way ~n~ spoil ~i~po~l ~re~
ne~ed for ne~ york and for ~ub~equ~nt ~intenance when ~nd ~ required)
~~) the party of th~ first part i~ the o~ner in f~e ~imple of
~ tract of lan~ describe~ in Schedule A, which is ~e a ~rt hereof,
W~S) the s~i~ tra~t of land is nee~,d in ~onnection ~ith the
~fore~ntione~ maintenance an~ improvement)
NOW) ~0~ in consideration of the sum of One Dollar ($1.00), th~
receipt of vhich is hereby ~oknowledged ~nd the ben~fits to the ~rty of
the first ~rt that will result from th~ propose~ improvement an~ ~inten-
~nce of said Intr~co~stal Water~ay, the p~rty of the first p~rt ~oe~ hereby
gr~nt, b~rgain, ~ell and ~onvey unto the Unite~ States of America) its
officers, ~gent~ ~erv~nts an~ contractors) the~mporary right ~nd e~sement
intermittently, or continuously) to enter upon and to use ~ny ~n~ ~11 of
the lan~ described in Schedule ~ in oonnection ~ith the construction and
~inten~nce of smid W~ter~y ~s described in ~aid congressional ~uthoriz~-
tion, and any future enlargement and ~inten~nc~ ~ ~y b, ~uthorize~ by
Congre~, for th~ folloving purpo~:
(a) To con~truot, operate, ~int~i~, r~p~ir~ repl~ce~ ~n~ r~move
pipeline~ u~e~ in connection ~ith the transmission of ~redge~
~teri~ls to or ~cro~s ~i~ tr~ot~ of l~n~
(b) To ~,po~it spoil or ~redge~ ~teri~l~ on ~aid l~nd.
~ ~VE ~D TO HOLD th~ ~i~ right~ ~n~ ea~ment~ unto the party of
the s~cond ~rt, and its offi~er~, ~gents, ~ervants ~nd contr~ctor~, for
a period of time, oo~encing Jan. 1~ 1962 an~ ~nding DeC. 31, 1~$
reserving to the party of th~ first p~rt th~ right to u~e ~aid property
in any ~er vhich iS not incon~istent ~ith the rights herein~bove
and reserving to the ~rty of th~ first p~rt, it~ ~uc~e~sor~ ~n~ as~igns~
the right to terminate this gr~nt upon giving ninety (90) ~ays notic~ to
party of the ~econd part, ~ ~opy of vhich notice must be ~iled to the
District Engineer, U, S. ~my ~ngineer District) J~cksonville, Corps of
Engineer~, Post Office Bo~ ~970, J~cksonville 1) Florida, and ~i~ grant
easement s~ll terminate ~utom~tically ninety (90) d~ys ~ft~r th~ ~iling of
said notice ~le~s th~ lan~s described her~in h~v~ been designated in ~
current contract for use in connection vith the ~i~po~l of exc~v~te~ ~teri~l
or ~s pi~lin~ acc~) in ~hich c~se termination ~hall b~ eff, ctive i~e-
~imtely upon the ~ompletion of ~ubj, ot current contract relating to the
improvement.
F.I.N.D. Form B (Page 2)
The party o£ the first part does hereby covenant that it is lawfully
seized in fee of the property described in Schedule A amd' said party of
the first part will save and hold the United States free from damages due
to said use.
It is distinctly understood and agreed that the p~rty of the second
part~ its officers~ agents~ servants and contractors~ my use the premisesp
in whole or in part~ for the purposes aforesaid~ but it is under no obliga-
tion so to do.
IN WITNESS WHEREOF~ said party of the first part has hereunto set
hand and seal on the day and year first above written.
Executed in presence of:
Geo. W. Colem~ ....
Delores Neher William N. Christenson
FIRST ~ATI~?~ BA~,K I~ PA.L/~ BEACH
W~ckoff Mvers ~..
Aa ~e~to~e ~der the ~11 of ~illio
L. C~ia~enaon, dee~.
SC~DU~ A
The ~0~~~8~~ la~d loca$~ i~ Pa~ Beach Oo~y~ State of
All of Lo~e 1~, ~2 a~ that ~ of ~ ~3 1~
St~et a~d t~ pa~ of Lot ~0 ly~g ~u~h of ~i~h~ S~e~ a~
wes~ of An~a Av~e, ~1 acco~ing ~o the ~el La~
i~ ~ ~he plat the~cf ~eo~ in Plat ~ 8, pa~e ~0, ~uhlie
~gh~a-cf-~y flor Andes Av~ue ~ ~:ighth~et as now eatabliah-
STATE OF FLORIDA
COUNTY OF PALM BEACH
I hereby certify, that on this llth day of December, A.D.
1961, before me personallF appeared Wyckoff Myers.
Vice President and Trust Officer of First National Bank in Palm Beach,
a national banking association organized and existing under the laws
of the United States of America, whose place of business is at 255
South County Road, Palm Beach, Palm Beach County, Florida, to me
known to be the person described in and who executed the foregoing
easement deed for the enid corporation as one of the executor~ under
the will of William L. Chris~enson, deceased, and severally acknow-
ledged the execution thereof to be his free act and deed as such
officer for the uses and ~urposes therein set forth, and that he
affixed thereto the official seal of said corporation and the maid
instrument is the act and deed of said corporation as such personal
representative.
Witness my signature and official seal at West Palm Beach,
Palm Beach County, Florida, on this llth day of December, A.D. 1961.
Delores R.. Neher ........
~ota~ Public
(Notary Seal) My co~aission expires:
Feb. 6, 1963
STATE OF FLORIDA
COUNTY OF PAL)I BEACH
I hereby certify, that on this day before me personally ap-
peared Beth Newcome Christenson, a widow, and Beth Neweome Chrietenson
and William M. Christenson, as executors under the last will and testa-
ment of William L. Chrietenson, deceased, to me well known and known
to me to be two of the individuals described in and who executed the
above and foregoing easement deed, and acknowledged the execution of
the above and fore2oing instrument to be their free act and deed for
the uses and purposes therein mentioned.
~itness my hand and official seal in said County and State
this llth day of December, A.D. 1961.
Delores R._ Nehe~
...... " Notary Public
(Motary Seal) My commission expires:
Feb. 6, 1963
F.I.N.D. Form B
TEMPORARY SPOIL DISPOSAL EASEMENT
THIS EASEMENT~ made, this ~Othday of A.D. 19 ~
party of the first part, and the UNITED STATES OF AMERICA~ represented by
the District Engineer of the U. S. Army Engineer District, Jacksonville~
hereinafter called the Engineer~ party of the second part, WITNESSETH that
WHEREAS~ in the River and Harbor Act of Congress~ approved March 2,
1945~ provision was made for improvement of the Intracoastal Waterway from
Jacksonville~ Florida~ to Miami, Florida~ in accordance with the plans set
forth in House Document No. 740, 79th Congress~ 2nd Session, subject to the
condition, among others, that local interests furnish free of cost to the
United States all tands~ easements~ rights-of-way and spoil disposal areas
needed for new work and for subsequent maintenance when and as required, and
WHEREAS~ the party of the first part is the owner in fee simple of
a tract of land described in Schedule A~ which is made a part hereof~ and
WHEREAS, the said tract of land is needed in connection with the
aforementioned maintenance and improvement,
NOW~ TKEREFORE~ in consideration of the sum of One Dollar ($1.00), the
receipt of which is hereby acknowledged and the benefits to the.party of
the first part that will result from the proposed improvement and mainten-
ance of said Intracoastal Waterway~ the party of the first part does hereby
grant, bargain~ sell and convey unto the United States of America, its
officers, agents~ servants and contractors, the temporary right and easement
intermittently~ or continuously, to enter upon and to use any and all of
the land described in Schedule A in connection with the construction and
maintenance of said Waterway as described in said congressional authoriza-
tion~ and any future enlargement and maintenance as may be authorized by
Congress~ for the following purposes:
(a) To construct, operate~ maintain, repair, replace~ and remove
pipelines used in connection with the transmission of dredged
materials to or across said tracts of land~
(b) To deposit spoil or dredged materials on said land.
TO HAVE AND TO HOLD the said rights and easements unto the party of
the second part, and its offid~agent~rvants and ~s$~~
a period of time~ commencing 20 . and ending . ,
reserving to the party of the first ~a~t the right to use said property
in any manner which is not inconsistent with the rights hereinabove granted~
and reserving to the party of the first part, its successors and assigns,
the right to terminate this grant upon giving ninety (90) days notice to
party of the second part, a copy of which notice must be mailed to the
District Engineer~ U. S. Army Engineer District, Jacksonville, Corps of
Engineers~ Post Office Box 4970, Jacksonville 1~ Florida, and said grant of
easement shall terminate automatically ninety (90) days after the mailing of
said notice unless the lands described herein have been designated in a
current contract for use in connection with the disposal of excavated material
or as pipeline access, in which case termination shall be effective imme-
diately upon the completion of subject current contract relating to the
improvement.
F.I.N.D. Form B (Page 2)
The party of the first part does hereby covenant that it is lawfully
seized in £ee of the property described in Schedule A and said party o£
the first part will save and hold the United States free from damages due
to said use.
It is distinctly understood and agreed that the party of the second
part~ its officers~ agents~ servants and contractors~ may use the premises~
in whole or in part~ for the purposes aforesaid~ but it is under no obliga-
tion so to do.
IN WITNESS WHEREOF~ said party of the first part has hereunto set
hand and seal on the day and year first above written.
Executed in presence of:
~iart~a Te].ep :~e_~ ~.~e2~lc_oj"~,e. L~.~_~s. Le_n_s~o~n- (SEAL)
Delo~
Erskine..C. Edwards
Ersk~ne ~. Edwards
Cashier '
Delores
Feb. 5, !Q53
I ~ereby ce~t~, ~ on ~is da~ _befo~ am ~o~l~y ap~ _
k. no~ ~d kn~ ~ ~ ~ ~~ne el the i~ttvld~ll dele~ in
~ ~ ~~ the
be ~ls ~e ae~ and de~ for ~ uses s~ p~~o t,Mrein ~n~o~.
(~otary ~,eal) ;~y e~e81o~ expl~es~
~iarch ~0, 196~+