G-463(38-62) ORDINANCE NO. G-463.
AN ORDINANCE OF THE CITY COUHCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH CERTAIN LANDS LOCATED
IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43
EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING
~IUNICIPAL LIMITS OF SAID CITY: REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LANDS: PROVIDING FOR T~ RIGHTS AND OBLIGATIONS
OF SAID iJ~NDS: AND PROVIDING FOR THE ZONING THEREOF.
WHEREAS, Outrigger, Inc. is the fee simple owner of the
property hereinafter described except for that portion consisting
of the right-of-way for State Road No. 140 (AIA), and
-WHEREAS, the said Outrigger, Inc., by it's Petition, has
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 1~5.1 of the
City Charter of said City granted to it by the State of Florida;
N~;, 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
following described tracts of land located in Palm Beach County,
Florida, which lie contiguous to said City, to-wit:
Those tracts of land in Section 28, Township
46 South, Range 43 East, Palm Beach County,
Florida, described as follows:
A. '£hat part of the following property in Palm Beach
County, Florida lying West of the center line of
State Road No. 140 (otherwise known as Highway AIA):
A part of Section 23, Township 46 South, Range 43
East, being all that part of the North 200 feet
of the South 1800 feet (measured at right angles
to the east and west quarter section line through
said section) of that part of said section which
lies north of the east and west quarter section
line through said section and lies east of the
easterly right-of-way line of the Intracoastal
Waterway (Florida East Coast Canal) TOGETHER WITH
all riparian rights and littoral rights thereunto
belonging, or in anywise appertaining, and SUBJECT
to a right-of-way 100 feet throughout, running
northerly and southerly through said tract, as
heretofore conveyed to the State of Florida for
State Road Noo 140, and SUBJECT to reservations
of record. The said east and west quarter section
line through said Section 23 is as established by
agreement between Bessemer Properties, Incorporated
and Bassett Wo Mitchell and Mary Start Mitchell,
his wife, dated November 20, 1941, recorded in Deed
Bo~z 642, page 474, of the Palm Beach County, Florida,
public records.
Page 2. Ordinance No. G-463.
Bo Commencing at a point in the West right-of-way
line of State Road No. 140 (AIA) where said line
intersects the Southerly boundary of Section 21,
Township 46 South, Range 43 East; thence Easterly
a distance of 100 feet to a point in the East right-
of-way line of State Road No. 140 (AIA); thence
Southerly along said East right-of-way line to the
Southwest corner of Lot 21, Government Lot 5, Byrd
Beach, per Plat Boo~ 20, page 1, Public Records of
Palm Beach County, Florida, being a distance of
4970 feet; thence Westerly a distance of 100 feet
to a point in the West right-of-way line of said
State Road No. 140 (AIA); thence Northerly along
the Westerly right-of-way line of said State Road
No. 140 (AIA) a distance of 4970 feet 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 described tracts and parcels of land, and said lands are here-
by declared to be within the corporate limits of the City of Delray
Beach, Florida.
SECTION 3. That the tract of land hereinabove first de-
scribed is hereby declared to be in Zoning District "R-3", as de-
fined by existing ordinances of the City of Delray Beach, Florida°
SECTION 4. In consideration of Petitioner's consent to
annexation of the first tract of land herein above described, and
since municipal services will not accrue to said land until such
time as development is undertaken and completed, said land shall be
liable for municipal ad-valorem taxes, as follows:
A. It is contemplated that improvements will be
commenced on said land in the immediate future;
however, should some unforseen circumstance
cause a delay in the commencement of construction,
the first hereinabove described land shall be taxed
in the amount of $250.00 per year for a period not
to exceed the next two taxable years, following
which, said lands shall be subject to normal taxation.
B. It being further contemplated that the improvements
to be placed on the herein described tract of land
will be completed during the early part of 1963, but
since municipal benefits will not accrue until such
time as the development is completed, assuming that
construction is commenced during the year 1962, the
19e3 ad-valorem taxes on said parcel of land shall
be $1,000.00, and thereafter the property shall be-
come subject to normal taxation commencing January
1, 1964o
SECTION 5. That the lands hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts (except the existing bonded indebtedness), ob-
ligations, liabilities, ordinances and laws to which lands in the
City of Delray Beach are now or may be, except as otherwise pro-
~ided and set forth in Section 4 abo~e, and persons residing
thereon shall be deemed citizens of the City of Delray Beach.
Page 3. Ordinance No. G-4~3.
SECTION 6. That if any word, phrase, clause, sentence or
part of this ordinance shall be declared illegal by a court of com-
petent jurisdiction, such record of illegality shall in no way
affect the remaining portion.
Passed in regular session on the second and final read-
ing on the 22nd day of October, A. D. 1962.
ATTEST:
1St reading.. October 8,~ 1962
2nd reading October 22, 1962