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Ord G-277(01-58) ORDINANCE NO. G-277. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELKAY BEACH, FLORIDA, ANNEXING TO THE CITY THE FOLLOWING DESCRIBED TRACTS OR PARCELS OF LAND LOCATED IN PALM BEACH COUNTY, FLORIDA, AND LYING CONTIGUOUS TO THE EXISTING MUNICIPAL LIMITS OF SAID CITY OF DELRAY BEACH. SAID LANDS BEING AND CON- STITUTING THOSE CERTAIN PROPOSED SUBDIVISIONS KNOWN AS "TROPIC PALMS, PLAT NO. Z", TROPIC PALMS, PLAT NO. 3", AND TROPIC PALMS, PLAT NO. 4, ACCORDING TO THE PROPOSED PLATS THERE- OF TO BE RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COUI{T IN AND FOR PALM BEACH COUNTY, FLORIDA; AND PROVIDING FOR THE ZONING AND TAXATION OF SAID LANDS. WHEREAS, the City Council of the City of Delray Beach, Florida, has determined that the hereinafter described land is con- tiguous to the existing municipal boundary lines of the City of Delray Beach, l~alm Beach County, Florida; and WHEREAS, SOUTH COAST DEVELOPMENT CORPORATION and TROPICAL PALMS, INC. , Florida corporations, are the sole fee simple title holders of the property described herein, and said Corporations have heretofore by their Petitions for Annexation, consented and given permission for the annexation of said property by the City of Delray Beach; and WHEREAS, the City of Delray Beach, Florida, has heretofore been authorized to annex lands in accordance with its charter granted it by the State of Florida: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELKAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, does hereby annex to said City the following described tracts or parcels of land located in Palm Beach County, Florida, which lie contiguous to the existing boundaries of said City, to-wit: TROPIC PALMS PLAT NO. 2 Beginning at the southwest corner of Section Z9, Township 46 South, Range 43 East, Palm Beach County, Florida; thence N. Z° 09' 50" W. along the west line of said Section 29, a distance of 1930. Z3 feet (for convenience the south line of said Section 29 is assumed to bear East-West and all other bearings are relative thereto); thence East, a distance of 651.52 feet to the begin- ning of a curve concave to the south having a radius -1- of 1454.88 feet and a central angle of 14° Z0' 0"; thence easterly and southeasterly along the arc of said curve, a distance of 358.96 feet to the end of said curve; thence S. 75° 40' 0" E. , a distance o£ 1509.73 feet, more or less, to apoint in the arc of a curve concave to the northeast having a radius of 1419.93 feet, and whose tangent makes an angle with the preceding course, measured from north- west to southwest, of 116° 27' 35", said curve be- ing a part of the westerly boundary of TROPIC PALMS, PLAT NO. 1, according to the plat there- of recorded in Plat Book ZS, Page 101, Public Re- cords of Palm Beach County, Florida; thence south- easterly along the arc of said curve, a distance of 218.59 feet; thence ~outh along the westerly boundary of said Plat No. 1, making an angle with the tangent of the preceding described curve, measured from northwest to south, of 159° 03f lZ", a distance of 1350.60 feet to a point in the south line of said Section Z9, said point being the southwest corner of said l:~at No. 1; thence west along the south line of said Section Z9, a distance of Z264.99 feet to the point of beginning. ALSO Lot 13A of the Replat of Lots 17-31, inclusive, TROPIC PALMS, PLAT NO 1, according to the plat thereof recorded in Plat Book 25, Page Public Records of Palm Beach County, Florida. TROPIC PALMS PLAT NO. 3 Beginning at the intersection of the center line of Audubon Boulevard as shown on Tropic Palms, Plat No. 2, recorded in Plat Book , Pages , Public Records of Palm Beach COUnty',' Florida, with the west line of said Section Z9; thence N Z° 09' 50" W along said west line of Section 29, a distance of 15Z. 87 feet to the south line of the Northwest Quarter of the Northwest Quarter of the Southwest Quarter of said Section 29; thence S 89° 54~ 55" E along the south line thereof, a distance of 674.9Z feet to the southeast corner thereof; thence N Z° 15' 15" W along the west line of said North- west Quarter of the Northwest Quarter of the Southwest ~arter, a distance of 694.07 feet to a point in the East- West (~tarter Section Line of said Section 29, thence N 89° 53' 15" W along said Quarter Section line, a distance of 673.87 feet to the Quarter Section Corner in the west line of said Section 29; thence N 1° 54' 50" W along said west section line, a distance of 1916.44 feet, more or less, to a point in the center line of Germantown Road as now laid out and in use; thence N 68° 53' 06" E along said center line of Germantown Road, a distance of 689.98 feet; -Z- thence S 43° 14' 30" E, a distance of 740.41 feet to an angle point; thence S 43° 10' 50" E, a dis- tance of lZ07.49 feet to the beginning of a curve concave to the southwest having a radius of 1340 feet and a central angle of 43° 10' 50", said point of beginning being the northwesterly corner of Tropic Palms, Plat No. 1, recorded in Plat Book ZS, Page 10Z; thence southeasterly and southerly along the arc of said curve, being the center line of Lindell Boulevard as shown on said Plat No. 1, a distance of 1009.88 feet to the end of said curve; thence ~outh along the tangent to said curve, a distance of 744.3Z feet to the begin- ning of a curve concave to the northeast having a radius of 1419.93 feet and a central angle 49° 09' 30"; thence southerly along the arc of said curve, adistance of 300.5Z feet, more or less, to its in- tersection with the center line of said Audubon Boulevard as shown on said Plat No. Z; thence 1N 75° 40' 0" W along the center line of said Audubon Boulevard, a distance of 1309.73 feet to the begin- ning of a curve concave to the south having a radius of 1434.88 feet and a central angle of 14° Z0' 0"; thence westerly along the arc of said curve, a dis- t~nce of 358.96 feet to the end of said curve; thence West along the tangent to said curve, a distance of 651.5Z feet to the point of beginning. Said lands being in Section Z9, Township 46 South, Range 43 East, Palm Beach County, Florida. {For convenience, the south line of said Section 29 is assumed to bear East-West and all other Bearings are relative thereto.) TROPIC PALMS PLAT NO. 4 Beginning at the Northwest corner of Tropic Palms, Plat No. 1 being the point of intersection of the cen- ter line of Egret Circle with the center line of Lin- dell Boulevard, according to the Plat thereof, re- corded in Plat Book ZS, Page 102, Public Records of Palm Beach County, Florida; thence N 43° 10' 50" W, a distance of lZ07.49 feet to an angle point; thence N 43° 14' 30" W, a distance of 740.41 feet, more or less, to a point in the center line of German- town Road as now laid out and in use; thence N ZZ° 511 00" E along said center line, a distance of 554.08 feet, more or less, to a point in the north line of said Section Zg; thence N 87° 37' 05" ]~ along said north line of Section 29, a distance of 1114.45 feet; thence S 2.0 21' 45" E, a distance of 287.19 feet; thence N 89° ZT' Z5" E, a distance of 520.04 feet; thence S 76° 51' E, a distance of 84Z.71 feet, more or less, to a point -3- in the west line of West E1 Be according to the plat thereof recorded in Plat Book 15, Page 2Z, Public Records of Palm Beach County, Florida; thence S 2° 40' 25~' E along said west line a distance of 186.14 feet, more or less, to the southwest corner of Block (~ of said West E1 Be; thence N 89° 57 E along the south line of said Block 6, a distance of 6(~5.07 feet, more or less, to a point in the east line of the West half of the Northeast ~tarter of said Section 29; thence S 2° 49' 35" E along said east line of the West half of the Northeast Quarter of said Section 29, a distance of 863.65 feet to the most northerly corner of Lot 501 of said Tropic Palms, Plat No. 1; thence S 56° 5Z' 50" W along the northerly line of said Lot 501, a distance of 205.58 feet to point in a curve concave to the southwest having radius of 55 feet and a central angle of 87° 10' 25"; thence northerly and westerly along the arc of curve, a distance of 54.60 feet to the end of said curve; thence West along the tangent to said curve, a distance of 591.75 feet to a point in a curve concave to the southwest having a radius of 264. 94 feet and a central angle of 36o 56' 20"; thence northwesterly along the arc of said curve, a distance of 85.56 feet to the end of said curve; thence N 39° 45' 55TM W along the tangent to said curve, a distance of 55 feet to a point in a curve concave to the northwest having a radius of 500 feet and a central angle of 89° 55' 32?; thence southwesterly along the arc of said curve, a dis- tance of 347.02 feet to the end o£ said curve; thence West along the tangent to said curve, a distance of 14t. 03 feet to the beginning of a curve concave to the Southeast having a radius of 815.30 feet and a central angle of 43° 10t 50~'; thence southwesterly along the arc of said curve, a distance of 614. 45 feet to the end of said curve; thence S 460 49' 10" W along the tangent to said curve, a distance of 215 feet to the point of beginning. Said lands being in Section 29, Township 46 South, Range 43 East, Palm Beach County, Florida. SECTION 2. That the boundaries of the City of Delray Beach are hereby redefined so as to include therein the above described tracts of land, and said lands are hereby declared to be in the corporate limits of the City of Delray Beach, Florida. SECTION 3. The property hereinabove described and herein annexed to the City of Delray Beach, Florida, shall not be taxed for advalorem taxes in excess of an annual tax of $10.00 per lot as shown on said proposed plats of TP~OPIC P.~LMS Plat number 2 owned by South Coast Development Corporation and TI~OPIC PALMS Plat numbers $ and 4 owned by Tropical Palms, Inc., for ten years from the date of the enactment of this ordinance. In the event, however, any such lot is sold, transferred or otherwise disposed of by SOUTH COAST DEVELOPMENT CORPOI~ATION -4- and TP~OPICAL PALMS, INC., to persons including stockholders, officers or directors, or in the event any building is constructed on any lot, then such lot shall be subject to normal taxation, including the bonded indebtedness, of the City of Delray Beach, Florida. SECTION 4. The property hereinabove described and herein annexed to the City of Delray Beach, Florida, is taken into said City under the following zoning regulations and conditions: (a) Residence "i{-1AA"district applicable to lots numbered 812 through 839; 848 through 1069; 1071 through 1083; 1086 through 1095; 1098 through 1102; 1115 through 1169; 1198 through 1202; 1204 through 1217; 1221 through 1231; 1273 through 1286; and 1295 through 1314. Residence l{-1A district applicable to lots numbered 515 through 679 and 701 through 811. (b) Residence "I{-Z" district applicable to lots numbered 680 through 700; 840 through 847; 1070; 1084; 1085; 1096; 1097; 1108 through 1114; 1170 through 1181; 1184 through 1197; 1203; 1218 through 1220; 1232 through 1242; 1254 through 1272; 1287 through 17-94; and 1315 through 1319. (c) Commercial "C-i" district applicable to Tract A and Tract B, inclusive, which may be used as follows: No land embraced in this dis- trict shall be used for other than restaurants, yacht clubs, cabanas or cabana clubs, tennis courts, swimming pools and any other recreational facilities; a yacht basin with customary facilities including gas and oil facili- ties, for Marine purposes only and including boats for hire or charter with approved docking facilities and such business incidental thereto shall also be permitted. (d) Commercial "C-2" district applicable to lots numbered 1182; 1183; and 1243 through 17-53. (e) The water mains to be installed in the said area (but not the service connections to private property)- shall become the property of the City and the City shall furnish water to the inhabitants of said property at the same rates charged to other water consumers in the City of Delray Beach. (f) The City of Delray Beach shall pay one-half (I/Z) of the gross expense of purchasing and installing all water supply lines and water mains and the SOUTH COAST DEVELOPAAENT COKI~RATION ~halI pay one- half (1/2) of said expense for Plat No. Z, and TKOPICAL PALMS, INC. shall pay one-half (i/Z) of said expense for Plats No. 3 and 4, provided that said gross expense shall be first approved by the City of Delray Beach. SOUTH COAST DEVELOPMENT C(~KPOR~TION and TROPICAL PALMS, INC. shall advance the said gross price, and the City of Delray Beach shall pay its share of the above mentioned expense by paying to SOUTH COAST DEVELOPMENT COKPORATION and TROPICAL PALMS~ INC. fifty percent (50%) each year of the surplus water revenues received by the City from the lands shown on Ti{OPIC PALMS, PLAT NO. 2, TROPIC PALMS~ PLAT NO. 3 and TROPIC PALi~LS, PLAT NO. 4, until the entire share of the City is paid, such surplus to be determined in accordance with Ordinance No. Gk ~5, of the City of Delray Beach, Florida, passed July 5, 1957. SECTION 5. That the City of Delray Beach shall request the Legislature of the State of Florida, ak its regular session in 1959, to validate by law the annexation of the above desc~bed lands. -5- SECTION 6. SOUTH COAST DEVELOPM/~.NT COR/mO~TION and TROPICAL PALMS, INC. may impose upon the aforesaid premises the Reservations and Restrictive Covenants set forth in Exhibit B attached to Petitions for Annexation by recording said Reservations and Restrictive Covenants in the Public Records of PaLm Beach County. PA~SEI~:~n regular.)%ession on the second and final reading o~ /~~~~Z ' ~' ~"~' ~?~ s.. ..~ __j ~°~ tst Reading ~! i; ':.; ~: Znd lq. eading/?n~' ~.-z.c/ / ¢.- / 7 " -6-