Ord G-368(28-60)ORDIi'dAlv`CE id0. Q~~.
AN ORDINAIGCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
CERTAIN LANDS LOCATED IN SECTIONS 19 and 30,
TOWNSHIP 46 SOUTH, RANGE 43 EAST WHICH LANDS ARE
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO
ITdCLUDE SAID LANDS; PROVIDING FOR THE ZONING AND
TAXATION OF SAID LANDS AND CONDITIONS OF ANNEX-
ATION; AND PROVIDING THE RIGHTS AND OBLIGATIONS
OF SAID LANDS.
WHEREAS, Delray Industrial Properties, Ltd., is the
fee simple title holder of the property hereinafter described,
and has petitioned the City of Delray Beach, Florida to annex
said lands within the corporate limits of the City, which
petition has been filed with the City Clerk of the City of
Delray Beach, Florida; and
WHEREAS, the City Council of the City of Delray Beach,
Florida has determined that said lands are contiguous to the
existing municipal corporate limits of the City of Delray Beach,
Florida, and is willing to annex said lands upon the terms and
conditions set forth in the Petition and Consent on file with
said City Clerk; and
WHEREAS, the City of Delray Beach, Florida is authorized
to annex lands in accordance with Chapter 27510, Specisl Lawa of
Florida, Acts of 1951, as amended, in such case.
NOW, 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, does hereby annex to said
City the following described tract or parcel of land located in
Palm Beach County, Florida, which lies contiguous to the
existing boundaries of said Clty, to-wit:
Parcel G•
That part of the Southeast Quarter (S.E.a) of
Section 19, Township 46 South, Range 43, East,
lying East of East right of way of Lake Worth
Drainage District Canal E-4, and 425.0 feet
West of the Weat right of way of the Seaboard
Air Line Railroad; LESS the North 500.0 feet.
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Parcel H•
That part of the North Half (N~-) of Section 30,
Township 46 South, Range 43 East, lying North
of North right of way line of Germantown Road,
and East of East right of way of Lake Worth
Drainage District Canal E-4, and 425.0 feet
bleat of West right of way of Seaboard Air Line
Railroad.
Said parcels G and H containing 134.81 acres
more or lees, and being in Palm Beach County,
Florida.
Parcel I•
The East 425 feet, less the North 500 feet, of
that part of the Southeast Quarter (S.E.4) of
Section 19, Township 46 South, Range 43 East,
lying west of the west right of way line of the
Seaboard Air Line Railroad, and
The East 425 feet of that part of the Northeast
Quarter (N.E.$) of Section 30, Township 46 South,
Range 43 Esat, lying west of the west right of
way line of Seaboard Air Line Railroad and North
of the North right of way line of Germantown Road,
Palm Beach County, Florida.
Said parcel I containing 30.93 acres more or less.
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. That the property hereina'tiove described
in Section 1 hereof and herein annexed to the Clty of Delray
Beach, Florida, is taken into said City under the following
terms and conditions:
1. ZONING
a. Parcels "G" and "H", as shown upon sketch
attached to petition (colored red), shall be
zoned in District "r-3", as defined by existing
ordinances of the City.
b. Parcel "I", as shown upon sketch attached to
petition (colored blue), shall be zoned Sn
District "C-3", as defined by existing ordinances
of the city.
2. ROADS AND HIGHWAYS
a. Owner will deed to the City of Delray Beach a
60 foot right of way extending from the North
boundary of Parcel "G", Southerly across Parcels
"G" and "H" to the North right of way line of
Germantown Road. Said road or right of way shall be
an extension of and shall be known as "Southwest
20th Avenue." (Copy of deed conveying said right
of way marked Exhibit "3", is attached to petition.)
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3. TAXES
a. In consideration of owner's consent to
annexation and conveyance of 60 foot right of
way, as above set forth, and since municipal
services will not accrue to said lands until
such time as development ie undertaken and
completed, said lands shall not be liable for
ad valorem taxes for a period of seven (7)
years from the date hereof, except in the
following events and under the following
circumstances:
(1) In the event any parcel or lot is sold,
transferred or otherwise disposed of, or in
the event buildings or structures (except)
temporary real estate offices) are constructed
on any parcel or lot, then such parcel or lot
shall be subject to normal taxation, including
debt services levy for the bonded indebtedness
of the City of Delray Beach, Florida. It is
clearly understood that no lot or parcel shall
be deemed sold or transferred when conveyed by
the undersigned petitioner to Sherwood Park
Developers, Inc., or to Roy L. Calamia.
(2) Zn the further event any portion of the lands
described upon attached Exhibit "1" are
platted or subdivided, the tax moratorium
aforesaid shall remain effective and in full
force, subJect to the conditions of sub-
paragraph (1) of this paragraph 3.; except,
provided, when 50 ~ of the lots shown upon
such plat or subdivision are sold, such
moratorium shall cease and terminate ae to
those platted lots remaining unsold and there-
upon each of the remaining unsold lots, as
shown upon such plat, may thereafter be taxed
at an annual tax not exceeding X10.00 per lot
for the remaining unexpired portion of said
seven (7) year moratorium.
(3) At the expiration of seven (7) years Prom
the date hereof, all lands herein described
upon the attached Exhibit "1", shall become
subject to normal taxation, Secluding the
debt service levy for the bonded indebtedness
of the City of Delray Beach, Florida.
SECTION 4. Except for the provisions hereinabove
relating to zoning and taxation, the lands hereinabove described
shall immediately become subject to all of the franchises,
privileges, immunities, debts, obligations, liabilities,
ordinances and lava to which lands in the City of Delray Beach
are now or may be, and persons residing thereon shall be deemed
citizens of the City of Delray Beach; provided, however, owner
will construct, at its expense and in compliance with City
specifications, a 24 foot paved roadway Prom Lowson Boulevard to
Germantown Road if, ea and when such construction is needed
for development purposes; said roadway to be
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constructed in the 60 foot right of way to be deeded to the
City and the owner will install, at its expense, an 8 inch
water main in the 60 foot right of way to be deeded to the
City extending from Lowson Boulevard southerly to Germantown
Road Sf, as and when such main is needed for development
purposes.
ORDIE PASSED AND DOPTED in regular session on
this the ~ day of ~, _ , A.D. 1960.
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Mayor
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City_ C1er,~t
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1st Reading ~ ''Y- b a/
2nd Reading ~ ~ ~/ / 9b °'
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