Ord G-240(11-56) ORDINANCE NO. G-240
AN 0~tDIi~ AN CE OF THE CITY COMMISSIO~ OF TPrE CITY OF
DEL[~Y BEACH, PAIP~ BEACH COUNTY, FLORIDA, AN~.~EXING
TO f.HE CIT~ OF DELRAY BEACH THE FOLLO~ING DESURIB~
TRACT 0R PARC~ 0F L~D LOCATE~ IN PA~ BEACH COUNTY,
FLORIDA, AND LYING CONTIGUOUS T0 T~ CITY 0F DE~AY
B~A~, FL0~IDA. SAID L~S B~IiTG AND C01~STI~TING T~
RIGHT-of-WAY 0F U. S. HIG~AY 1~0. 1, AS k~LL AS THAT
CERTAIN Pi-~0POS~ SUBDIVISION !Q~0~ff~ AS "TROPIC ISLE,
~ i ~ SECOND SECOND'~ ACC0~ING TO THE PLAT THEREOF ~COHD~
IN THE OFFICE 0F THE CLERK 0F T~ C~CUIT COURT ~ ~
FOR PALed BEACH COUNTY, FLOMIDA, iN P~_T BOOK ~, PAGE
~6, Ai$ Pif0V~ING FOR THE Z0~'ii~G ~WD T.~TION 0F S~'~.
~ER.~S, the City Co~ission of the City of Delray Beach, Florida,
has by Resolution No. 1029 determined that the hereinafter described
property is contiguous to the m~icipal bo'~dary lines ox~ the City
Delray Beach, Palm Beach Cowry, Florida, and
I.~ER~S, TROPIC IS~S L~WD C0, INC., a Florida corporation, is
tae sole fee simple title holder o~' the property described herein,
except Vhe right-of-way of U. S. Highway ~]o. 1 ~a said corporation
has heretofore by its 'petition, consented ~d given pe~ission for
the ~nexation of said property by the City of Delray Beach, ~d
'~E~AS, t~e city of Delray Beach, Florida, ~as heretofore been
authorized to ~nex l~ds in accord~ce ~.th its charter grated to
it by the State of Florida:
NOW, T~F0~, BE IT O.~AINED BY Ti~ CI~ COI~'5.iISSION 0F THE CITY
0F DELRAY' BEn, CH, FL0~iiDA, as follows:
SECTION 1. That the City Co~ission of the City ~ Delray Beach,
PaLm B&ach CO~ty, Florida, hereby ~ex to said City the following
described tract or parcel of land located in Palm Beach Co~ty, Florida,
which lies contiguous to said city, to-wit:
A parcel of land lying in Section 28, TO,ship 46 South~
R~ge 43 East, Pa~ Beach Co~ty, Florida, more particul~ly
described as follows:
Beginning at the intersection of the South line of Tropic
Isle according to the plat thereof recorded in Plat Book
~, page 23~, public records o~' Palm Beach cowry, Florida,
with the Westerly right-of-way line oi' the Intracoastal
l~aterway (for convenience, said South li~ of Tropic
Isle is ass~ed to bear East and West ~d all bearings
are relative thereto); thence West along said South line
a dist~ce of 1229.27 feet; ti~ence South a distance of
2S feet; t~ence South 7~° 2~' 15" West a distance of
115.-24 feet; thence South2o lO' 10" East, a distance of
27.06 feet; thence South 87o43' 50" West a distance of
174.~Y feet; thence North 2° 47' 53" ~est a distance of
8.1~ fest; thence South 87° 12' 7" West a distance of
140 feet, more or less, to the East line oi' Del-~aton Park
according to the plat thereof recorded in Plat Book 14,
pages 9 ~d 10, public records of Palm Beach Co~ty,
Florida; thence South 2o 47' East along said East line
of Del-~aton Park a distance of ll~..~ feet; thence South
89° ~5' 40" East a dist~ce of 304.~3 feet, more or less,
to a point in a line parallel to and 1210.56 feet south of,
measured at right ~gles, t~e south line of said Tropic
Isle; thence East along said parallel line a dist~ce of
1481.93 feet, more or less, to said Westerly right-of-way
line oX~ the Intracoastal Waterway; thence Nor~ ll° 4' 8w
West along said right-of-way line a dist~ce of 986.96 feet
to an an~le point in said right-of-way line; thence ~orth
0o 56, 0" East alo~ said right-of-way line a dist~ce of
~1.77 feet, .more or less, to the point of beginning.
The above described property includes a part of Lots l, 2,
3, 4, 5, 6, 7 and 8 of the plat recorded in Plat Book 2,
page 69, public records of Palm Beach County, Florida.
SECTION 2.. That the boundaries of the City of Delray Beach, are
hereby re-~ned 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, Florida.
SECTIOE 3- The property herein above described and herein
annexed t'0 the 'City of Delray Beach, Florida, shall not be taxed for
as valorem taxes or any other type taxes on said land in excess of
an annual tax of ~lO.00 per residential, duplex or multi-family lot
as shown on the plat of Tropic Isle, Second Section, for the ter~ of
ten years from the date of enactment of the ordinance. The same is
resolved under the condition, however, that in the event any such
lot is sold, transferred or otherwise disposed of by Tropic Isles Land
Co., Inc. to persons other than stockholders, officers or directors,
er in the event any building is ~onstructed on any oi' the said lots,
then such lots sold or built upon may be taxed in addition to the
limitations above enum~rated~
SECTION 4' The property hereinabove described and herein
annexe~' to the City of Delray Beach, Florida, is taken into s~id City
under the following zoning regulatinns and conditions:
(1) Residence "R-1AA" shall be applicable to Lots numbered
One hundred forty (140) to Two hundred forty-four (244), both
numbers inclusive.
(2) ~esidence "~-2" District shall be applicable to Lots
numbered One hundred thirty (130) to One hundred thirty-nine (1~9)
inclusive, which properties may be used for duplex or two f~uily
residences.
(3) Residence "R-3" shall be applicable to Lots numbered
One hundred twenty (120) to One hundred twenty-nine (129) inclusive,
which properties may be used for duplex or two family residences,
as well as multi-fsmily dwellings.
(4) That the set back requirements of said property shall be,
during the term of the reservations and restrictive covenants of
record in accordance therewith, in accordance with Paragraph 4, ~hereof~
Although in some instances, the s~e may differ or deviate from the
set back requirements under the zoning ordinances of the City of Delray
Beach.
(5) The water mains being installed in accordance with the
aforesaid plans and specifications for water distribution system (but
nor the service connections to private property) shall become the
property of the City of Delray Beach, Florida, and the said City shall
furnish water to the inhabitants of said property at the same rates
charged to t~e water consum~ers in the City of Delray Beach, Florida.
(6) a. That the subdivider shall either itself annex or cause
to be annexed, the remainder of the property indicated in the sketch
attached to the ~endment to Petition for Annexation filed with the
City of Delray Beach, Florida, by Tropical Isle Development Co. on the
9th day of July, A.D. 1956. Said annexation shall occur within three
(3) years from the date of said filing and such annexation shall be in
keeping with representations contained in and evolving fro~ the under-
lying intent behind the Petition for Annexation and Amendment to Petition
for Annexation executed by Tropical Isle Development Co., -which annexation
shall be in accordance with the general subdivision plat requirements
of the City of Delray Beach, Florida.
(6) b. That the City of Delray Beach, Florida, shall pay
to Tropical Isle Development Co., 100% of the water revenue derived
by the City of Delray Beach from the lands shown on Tropic Isle
Second Section in accordance with and under the limitations provided
in the Petition for Annexation by the City of Delray Beach, Florida,
submitted by Tropical Isle Development Co. as amended and filed with
said City on the 9th day of July, A.D. 19~6.
.SECTION 5- That, if any word, phrase, clause, sentence or
part of this Ordinance shall be declared illegal by a court of
competant jurisdiction, such record of illegaility shall in no way
affect the remaining portion.
This Ordinance was placed on first reading by the City Commission
st a special meeting held on the 22nd day of October, A.D. 1956, and
said City Commission will sit in the Commission Chambers at the City
Hall on the 12th day of November A.D. 1956, at 7:30 P.M. at which
time the above 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 and final reading on
this the .~' day of November AoD. 1956.
ATTEST:
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C~ t~ C1
!st reading I0/22/~6