Ord G-239(10-56) ORDINANCE NO. 239.
AN ORDINANCE OF THE CITY COMMISSION OF TEE CITY
OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, AN-
NEXING TO THE CITY OF DELRAY BEACH THE FOLLOWING
DESCRI~BED TRACT OR PARCEL OF LAND LOCATED IN PALM
BEACH COUNTY, FLORIDA, AND LYING CONTIGUOUS TO
THE CITY OF DELRAY BEAC~H, FLORIDA. SAID LANDS
BEING AND CONSTITUTING THE RIGHT-OF-WAY OF U. S.
HIGHWAY NO. 1, AS WELL AS THAT CERTAIN PROPOSED
SUBDIVISION KNOWN AS "TROPIC ISLE,"' ACCORDING TO
THE PLAT THEHEOF HECORDED IN THE OFFICE OF THE
CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH
COUNTY, FLORIDA, IN PLAT BOOK ~, PAGE 2-~-%, AND
PROVIDING FOR THE ZONING AND TAXATION OF SAME.
WHE~S, the City Commission of the City of Delray Beach, Florid~
las by Resolution No. 1017 determined that the hereinafter describe~
~roperty is contiguous to the municipal boundary lines of the city
of Delray Beach, Palm Beach County, Florida, and
WHEREAS, Tropical Isle Development Co., a Florida Corporation,
the sole fee simple title holder of the property described herein,
~xcept the right-of-way of U. S. Highway No. l, and said Corporatio:
~as heretofore by its petition as amended, consented and given per-
uission for the annexation of said property by the city of Delray
Beach, and
WHEREAS, the city of Delray Beach, Florida, has heretofore been
· uthorized to annex lands in accordance with its charter granted to
~t by the State of Florida:
NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
3F DELEAY BEACH, FLORIDA, as follows:
SECTION 1. That the City Commission of the City of Delray Beach
Pal~ '~e'ach' '~6unty, Florida, hereby annex to said city the following
described tract or parcel of land located in Palm Beach County,
Florida, which lies contiguous to said city, to-wit:
From a point on the North line of the South half of Section 21,
~ownship 46 South, Range 43 East, 33 feet East of the centerline of
S. E. 6th Avenue (U.S. Highway No. l) Delray Beach, said point being
on the existing east right-of-way line of State Road 5, run easter-
along said north line of the south half of Section 21, TownshiP0
South, Range 43 East, a distance of 27 feet; thence run South 0
19' 02" W. for a distance of 15.82 feet to the beginning of a curve
concave to the west and having a radius of 1350.19 feet; thence run
in a southerly direction along the arc of said curve for a distance
of 318.73 feet to a point on the South line of Lot 25, Block 2, of
MODEL LAND COMPANY,S MAP of Section 21, Township 46 South, Range
East, Plat Book l, Page 128, which point of intersection is the
point of beginning.
From said point of beginning run Southwesterly along the East
rtght'~of-way line of State Road No. 5, (U.S.Highway No. l) to a
point of intersection with the North line of Tract 5 of Revised Pla
of Portions of Sections 28-29, Twp. 46 S, Rge. 43 E, per plat book
18, page 53, thence N. 89 deg. 58' 23" E. along said North line of
said Tract 5, a distance of 586.12 feet; thence N. 2 deg. 49' 22",
W. a distance of 346.38 feet more or less, to the North line of Tra~t
3 of said Revi~o~ Plat; ~hence North 89 deg. 57' 35" East along the
,north line of said Tract 3 a distance of 1387.19 feet more or less
~to a point in said westerly right-of-way line of the Intracoastal
Waterway; thence S. 0 deg. 36' 0" W. along said westerly right-of-
way line a distance of 1211.92 feet more or less to a point of inte -
section of a line parallel to and 173 feet southerly (measured at
right angles) from the south line of Tract 6 of the Revised Plat of
Portions of Section 28-29, Twp. 46 S, Rge. 43 E, according to the
plat thereof recorded in Plat Book 18, page 53, Public Records of
Palm Beach County, Florida, with the west right-of-way line of the
Intracoastal Waterway (for convenience, said parallel line is as-
sumed to bear east and west, and all other bearings are relative
thereto); thence West along said oarallel line a distance of ~1229.~
feet; thence South a distance of 25 feet; thence S. 75 deg. 24'
W. a distance of 115.24 feet; thence South 2 deg. 16' 10" E, a dis-
tance of 27.06 feet; thence S. 87 deg. 43' 50" W. a distance of
174.67 feet; thence N. 2 deg. 47' 53" W. a distance of 8.15 feet;
thence S 87 deg. 12' 07" W. a distance of 140 feet more or less to
the East line of Del-Raton Park, according to the Plat thereof re-
corded in Plat Book 14, pages 9 and 10, Public Records of Palm
Beach County, Florida; thence N. 2 deg. 47' 53" W. along said East
line of Del-Raton Park, a distance of 263.84 feet more or less to
the northeast corner of Block 38 of said Del-Raton Park; thence S.
89 deg. 39''57" W. along the North line of said Block 38, a dist-
ance of 261.72 feet more or less, to a point in the easterly right-
of-way line of State Road No. 5 (U.S.Highway No. 1) as shown on
Plats recorded in Road Plat Book 2, pages 73, 74 and 75, public
records of Palm Beach County, Florida, thence westerly to a point
on the North line of Lot 28, Block 20, of Del-Raton Park, Plat Bool
14, page 9, said point being on the West right-of-way line of Stat.
Road No.5 (U.S.Highway No. 1); thence northerly along the Westerl
right-of-way line of State Road No. 5 (U.S.Highway No. l) to a
point of intersection with the south line of Lot 25, Block 2, of
MODEL LAND COMPANY,S MAP of Section 21, Twp. 46 South, Rge. 43 East
Plat Book l, page 128.
SECTION 2. That the boundaries of the City of Delray Beach, ar~
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. Florida.
Beach,
SECTION 3. The property herein above described and herein an-
nexed 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 residen-
tial lot or in excess of $50.00 for business lots A and B as shown
on the plat of "Tropic Isle" for ten years from the date of the
actment of this ordinance.
In the event, however, any such lot is sold, transferred or
otherwise disposed of by Tropical Isle Development Company or in
the event any building is constructed on any lot, then such lot
shall be subject to normal taxation of the city of Delray Beach,
Florida.
SECTIOE4. The property hereinabove described and herein an-
nexed tohSt City of Delray Beach, Florida, is taken into sai~ Cit
under the following zoning regulations and conditions:
(A) Residence "R-lA" District shall be applicable to lots
numbered One (1) through Ninety-Three (93), both numbers inclusive
and lots numbered One Hundred Five (105) through One Hundred Nine-
teen (119), both numbers inclusive;
(B) Residence "R-3" District shall be applicable to Lots
Ninety-Four (94) through Ninety-Nine (99) and Lots One Hundred One
(101) and One Hundred Two (102) which shall be used for multi-fam-
ily or duplex type residential properties, and Lots One Hundred
(100), One Hundred Three (103) and One Hundred Four (104) shall
be used for duplex type dwellings;
(C) Business "C-l" District shall be applicable to all of
Lots "A" and "B" which shall include motels; hotels; apartments;
apartment hotels; agencies, such as employment, insurance and real
estate; auditorium; banks, bakeries, serving retail trade; barber
shops; beauty parlors; bicycle shops; blueprinting; photo-stating
and the like; business colleges; cafeterias; department stores;
dressmaking shops; drug stores; dry cleaning, pressing, blocking
and dyeing establishments; electric light and power companies; ex-
press companies; florists; garages for storage of automobiles in
connection with hotels only; grocery stores, retail only; hospi-
tals; ice cream parlors; Jewelry shops; music stores; office build
ings; photo shops and art galleries; post office substations; pri-
vate clubs; professional offices; public stenographers; radio sale
rooms; restaurants; retail stores and shops; sales and show rooms;
II
- 3 -
schools, private and public; stationery and office equipment, re-
tail; telegraph station; telephone office; theatres; watch repair-
ing; gasoline service stations and that said property can be class-
ified so as to be included in the t~pe classification as defined
and described in Ordinance No. G-175of said City. Such shall be
the zoning classification notwithstanding the fact that the same
may differ or deviate from the business classifications now per-
mitted in a "C-l" district by the Zoning Ordinances of Delray Beach.
(D) That the set back requirements of said property shall be
as follows:
"No building or any part thereof, including garages and
porches, shall be erected on any lot closer than twenty-five (2%)
feet to the front street line, or closer than eight (8) feet six
(6) inches to either side lot line or closer than fifteen (15) feet
to the rear lot llne (provided, however, that in the case of corne~
lots the set back from the side street line shall not.be less than
twenty (20) feet. Any building located on a waterfront lot shall
be at least twenty-five (25) feet from the lot line abutting upon
the water-way,"
although in some instances the same may differ or deviate from the
set back requirements under the Zoning Ordinances of the City of
Delray. Beach.
(E l) The water mains now under contract being installed in
said area (but not the service connections to private property)
shall forthwith become the property of the City of Delray Beach,
Florida, and said 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, Florida.
(E-2) The water mains now under contract and being installed
from the present main Municipal water supply line, which line is
located at the intersection of S. E. 7th Street and U. S. Highway
No. I and shall upon completion of said contract run to the north-
westerly corner of the proposed plat of Tropic Isle shall become
the property of the City of Delray Beach, Florida, at the time sai~
City has discharged its obligation to Tropical Isle Development Co
by the discharge or payment of the sum of $33,060.00 which sum
shall be deemed satisfied, discharged and paid in full upon the
happening of either one of the following conditions whicheverbe
the sooner:
-a. The total payment of such sum.
. b. The refund payment of 100 per cent of the water revenue
derived from the water sales to Tropic Isle users for a period of
ten years from the date of the platting of said subdivision as a
part of the City.
c. The failure of the subdivider to annex or cause to be an-
nexed the remainder of the property indicated on the sketch at-
tached to the subdividers Amendment to Petition for Annexation,
within three (3) years from July 9, 1956, shall relieve the muntc-~
ipaltty from its obligation to make water revenue refund to the
subdivider and shall relieve said city from all obligations arisin
thereunder.
SECTION ~. 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 Commis-
sion at a regular meeting held on July 23rd, 1956, and said City
Commission will sit in the Commission Chambers at the City Hall on
the 27th day of August, 1956, at 4:00 P.M., at which time the abo~
Ordinance will be read in full, and all persons interested shall
be given an opportunity to be heard.
PASSED in regular session on the second snd final reading on
this the 27th day of August, A. D., 1R56./~ ~ j-
/ fS °n
1st Reading d!~'~ [:-~ 19~,6
2nd Reading