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Ord G-263(21-57) ORDINANCE No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEW, RAY BEACH, FLORIDA, ANNEXING TO THE CITY THE FOLLOWING DESCRIBED TRACT OR PARCEL OF LAND LOCATED IN PALM BEACH COUNTY, FLORIDA, AND LY/NG CONTIGUOUS TO THE EXISTING MUNICIPAL LIMITS OF SAID CITY O~~ DEL~AY BEACH. SAID LANDS BE/NG AND CONSTITUT1/~G THAT CERTAI~ PROPOSED SUBDIVISION KNOWi~ AS "TROPIC ISLE HARBOR SHOP- PING CENTER, ACCORDING TO A PROPOSED PLAT THERE- OF TO BE RECORDED IN THE OFFICE OF Ti~iE CLERK OF THE CIRCUIT COURT IN A~ND ~OR PALM BEACH COUNTY, FLORIDA; AND PROVIDING FOR THE ZONING AND TAX - ATi011 OF SAID LANDS. WHEREAS, the City Council of the City of Delray Beach, Florida, has determined that the hereinafter described land is contiguous to the existing municipal boundary lines of the City of Delray Beach, Palm Beach County, Florida; and WHEREAS, NORTH TROPIC ISLES, INC., a Florida Corpor- ation, is the sole fee simple title holder of the property described herein, and said Corpora'tion has heretofore by its Petition for Annexation, as revised, consented and given per- mission for the annexation of said property by the City of Delray Beach; and WHEREAS, the City of Delray Beach, ~'lorida, has heretofore been authorized to annex lands in accordance with its charter granted it by the State of Florida: NOW, THA~qEFORE, BE IT ORDAINED BY TKE CITY COUNCIL OF THE CITY 0FD ELRAY 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 des~.ribed tract or parcel of land located in Palm Beach County, ~'lorida, which lies contiguous to the existing boundaries of said City, to-wit: The tract of land lying and being in Sections 32 and 33, Township 46 South, Range 43 East, Pa!~m_ Beach County, Florida, shown hereon as TROPIC ISLE HARBOR SHOPPING CENTER, and more particularly described as follows, to-wit: Beginning at the intersection of the north line of said Section 32 with the easterly right of way line of State Road No. 5, as shown on plat recorded in State and County Road Plat Book 2, Page 73, Public Records of Palm Beach County, Florida; thence easterly along the north line of said Section 32, a distance of 374.28 feet more or less, to the northeast corner of said Section 32; thence easterly, along the north line of said Section 33, a distance of 469.59 feet; thence southerly, making an angle with said section line, measured from west to south, of 90° 10' ~5", a distance of 662.06 feet to a point in the south line of the north half of the northwest quarter of the northwest quarter of said Section 33; thence westerly, along said south line, a distance -1- of 469.9 feet, more or less, to the southwest corner of the north hal£ of the northwest quar- ter of the northwest quarter of said Section 33; thence westerly, along the south line of the northeast quarter of the northeast quarter of the northeast quarter of said Section 32, a distance of 470.77 feet, more or less, to a point in the easterly right of way line of said State Road No. 5, as referred to herein, said point being in the arc of a curve concave to the east and having a radius of 22,996.3 feet; thence northerly, along the arc of said curve, a distance of 26.42 feet to the end of said curve; thence northerly, along the tangent of said curve, and along said easterly right of way line of said State Road No. 5, a distance of 643.55 feet, more or less, to the point of beginninge SECTION 2e That the boundaries of the City of Delray Beach are hereby redefined so as to include therein the above described tract of land, and said lands are hereby declared to be in the corporate limits of the City of Delray Beach, Floridae SECTION 3- The property herei~bove described and herein annexed to the City of Delray Beach, Florida, shall not be taxed for ad-valorem taxes in excess of an annual tax of $10.00 per business lot as shown on said proposed plat of TROPIC ISLE HARBOR SHOPPI~G CENTER, for ten years from th.e date of the enactment of this ordinance. In the event, however, any such lot is sold, trans- ferred or otherwise disposed of by North Tropic Isles, Inc., or in the event any building is constructed on any lot, then such lot shall be subject to normal ts~xation, including the bonded indebtedness, of the City of Delray Beach, ~'lorida~ 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) Business "C-I" District applicable to all lots and blocks, except the following uses shall also be per- mitted; agencies, such as employment; insurance; auditoriums; blueprinting; photostats and the like; business colleges; cafeterias; department stores; dressmaking shops; dry-cleaning, pressing, blocking and dyeing establishments; electric light and power companies; express companies; grocery stores, retail only; hospitals; hotels; night clubs; office buildings; package stores; post office sub-stations; private clubs; public steno- graphers; retail stores and shops; sales and show rooms; tele- graph station; telephone office; theatres; a~ud watch repairing; notwithstanding the fact that the s~ae may differ or deviate. from the business classifications now permitted in a "C-l" district by the Zoning Ordinances of Delray ~ach. (b) The water mains to be installed in said area by the developer (but not the service corn~ections to private property) shall forthwith on installation become the property of the City of Delray Beach, ~'lorida, and said City shall fur- nish water to the inhabitants of said property at the same rates charged to other water consumers in the City of Delray Beach, Florida. -2- (c) That the City of Delray Beach shall pay to Tropical Isle Development Co., one hundred per cent (100%) of the water revenues received by the city from the lands shown on the plat of Tropic Isle Harbor Shopping Center, in accord- ance with and under the limitations provided in the "Petition for Annexation by the City of Delray Beach, Florida" sub- mitted by Tropical Isles Development Co., as amended by "Amend- ment toP~etition for Annexation by the City of Delray Beach, Florida" dated July 9, 1956; approved by the City Council by Resolution No. 1018 adopted July 14, 195&e SECTION 5. That, if any word, phrase, clause, sent- ence 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. PASSED in regular sessior~on~the second and final reading on this the __~..~/ day of ~'/z~-~ .., A.D. 1957. Mayor ATT]~ST: ~ J'JL S , 1957 1st Reading J U L :: '..' ','_, 5 ~' 2nd Reading -3-