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07-14-56SpMtg JULY 14TH, 1956 A Special Meeting of the City Commission was held in the Commission Chmubers at 12:00 O'clock Noon, with Mayor Mike Yargates in the Chair, City Manager W. E. Lawson Jr., City Attorney John H. Adams, and the following Commission Members being present, W. J. Snow and Emory J. Barrow, a quorum bein~ present. City Manager W. E. Lawson, Jr., read Resolution No. 1017 - HASOLUfION NB. 1017. A F~ESOLUTION OF THE CITY C0~ilSSION WHE~IN CEiiTAIN LANDS DESCItIBED I'HEItEIN ~ DETEIiMINED TO BE CONTIGUOUS TO THE PIIESENT lqUNICIPAL BOUNDAItY LINE OF THE CITY OF DELitAY BEACH, FLO~{iDA, AS CONTIzlqPLATED AND DEFINED kY SECTION 185 OF THE MUNICIPAL CItA~TE~[ OF TIlE CITY OF DELr[AY BEACH, FLO~I DA. WHEaEAS, Section 185 of the City Charter of the City of Delray Beach, Florida, regarding annexation of new territory to the City of Delray Beach authorizes said City to annex any unincorporated tracts lying contiguous to the Municipal bound- ary lines and within Palm Beach County, Florida; and WRDkEAS, it is considered by the City Council that the inclusion of the hereinafter decribed property within the corporate boundaries of the City of Delray Beach is for the best interests of this City; NOW, THE~kFORE, BE IT ~ESOLVED BY THE CITY COUNCIL OF THE CITY OF DELHAY BEACH:' 1. That the following described property described as follows, to-wit: From a point on the North line of the South half of Section 21, Township 46 South, Range 43 East, 33 feet East of the centerline of S. E. 6th Avenue (U. S. Highway No. 1) Delray Beach, said point being on the existing east right-of-way line of State road 5, run easterly along said north line of the South half of Section 21, Township 46 South, ~ange 43 East a distance of 27 feet; thence run sou~i 00 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 arc of said curve for a distance of 318.73 feet to a point on the south line of lot 25, Block 2, MODEL LAND COMPANY'S ~LAP of Section 21, Township 46 South, ~ange 43 East, Plat Book 1, page 128, which point'.of intersection is the point of beginning. From said point of beginning run southwesterly along the East right-of-way line of State ltoad No. 5 (U. S. Highway No. 1) to a point of intersection with the North line of Tract 5 of ~evised Plat of Portions of Section 28-29, Twp. 46 S., ~ge 43 E., per plat Book 18, page 53; thence N. 89° 58' 23" ~. along said North line of said Tract 5, a distance of 586.12 feet; thence N. 2° 49' 22" W. a distance of 346.38 feet moore or less, to the North line of Tract 3 of said revised Plat; thence North 89° 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° 36' 0" W. along said westerly right-of-way line a distance of 1211.92 fe~t more or less to a point of intersection of a line parallel to and 173 feet southerly (measured a~ right angles) from the south line of Tract 6 of the Revised Plat of Portions of Section 28-29, Township 46 South, aange 43 East, according to the plat thereof recorded in Plat Book 18, page 53, public records of Palm Beach Connty, Florida, JULY 14TH, 1956 with west right-of-way line of the Intracoastal Waterway (for convenience, said parallel line is assumed to bear east and west, and all other bearings are relative thereto), thence west along said pa'~allel line a distance of 1229.27 feet; thence south s distance of 25 feet; thence S. 75° 24' 15" W. a distance o£ 115.24 feet; thence South 2° 16' E. for a dsitance of 27.06 feet; thence S. 87° 43' 50" W. a distance o£ 174.67 feet; thence N. 2° 47' 53" W. a distance of 8.15 feet; thence S. 87° 12' 07" W. a distance of 140 feet more or less 'to the East Line of Del-Raton Park, according to the Plat thereof recorded in Plat Beok 14, Pages 9 and 10, public records of Palm Beach County, Florida; thence N. 2° 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 Oel-ttaton Park; thence $. 89° 39' 57" W. along the North line of said Block 38, a distance of 2cl.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 pn Plats recorded in ~toad 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-Haton Park, Plat Book 14, page 9, said point being on the West right-of-way line of State Road No. 5 (U. S. Highway No. 1); thence northerly along the Westerly right-of-way line of State Road,No. 5 (U. S. Highway No. l) to point of intersection with the South lone of Lot 25, Block 2, of MODEL LAND COMPANY'S MAP of Sedtion 21, Township 46 South, itange 43 East, Pal t Book 1, page 128; is determined to be contiguous to the present Municipal boundary line of the City of Delray Beach, Florida, as con- templated and defined by Section 185 of the Municipal Charter of the City o£ Delray Beach, Florida. Passed in Special Session this the 14th day of July, 1956. /S/ Mike Yargates MAYO R ATTEST: /S/ ~. ~. Worthing Cf~y 'Clerk Commissioner Snow moved for Adoption of Resolution No. 1017 on First and Final Reading. Motion was seconded by Commissioner Barrow and unanimously carried. City Manager Lawson then read Resolution No. 1018 I~SOL~JTION NO. 1018. A ~SULUTiON OF Ttib, CI't~f C0MNISSION THAT THE CITY BOUNDAItIES SHALL BE EXTENDED BY ORDINANCE, AS PROVIDED BY LAW, TO INCLUDE CEItTAIN LANDS DESCiilMED IItE~IN, AND TtiAT SUCH TERItlTORY DESCRIBED SHALL BB..; ANN~X~ED UNDE~ ZONING, iiEGULATIONS AND CONDITIONS AS OUTLINED TttEi~EIN. WHEF~AS, TIt0PICAL ISLE DEVELOPMENT C0. did on July 2, 1956 file its petitiion for Annexation by the City of Delray Beach involving certain lands therein described; and NHEiLEAS, T~0PICAL ISLE DEVELOP~NT CO. did on July 10, 1956, file an Amendment to Petition for Annexation, by the City of Delray Beach involving said lands; and JULY 14TH, 1956 ~IiEI~AS, TROPICAL iSLE DEVELOPMENT CO. is the fee simple (itle holder of the following described property located in Palm Beach County, Florida, more particularly described as Follows, to-wit: A tract of land lying and..beIfig:ln Section 28, Twonship 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as Follows, to-wit: Beginning at the intersection of a line parallel to, and ~:]* 'feet southerly (measured a~ right angles) fro~ the south line of Tract 6 of the Revised Plat of Portions of Sections 28-29, T~p. 46 S., Rgeo 43 E., according to the Plat thereof recorded in Plat Book 18 Page 53, public records of Palm Beach County, Florida, with the westerly right of way line of the Intracoastal Waterway (for convenience said parallel line is assu~ed to bear East and Vest, and all other bearings are relative thereto), thence west along said parallel line, a distance of 1229.27 feet; thence south a distance of 25 feet; thence S. 75° 24* 15' Wo, a distance of 115.24 feet; thence S. 2° 16' 10' E., a distance of 27.06 feet; thence S. 87° 43* 50' Wo, a distance of 174.67 feet; thence N. 2° 47* 53' W., a distance of 8o15 feet; thence S. 87o 12' 07' W., a distance of 140 feet, more or less, to the east line of Del-Raton Park, according to the Plat thereof recorded in Plat Book 14, pages 9 and 10, public records of Palm Beach County, Florida; thence N. 2° 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° 38* 57' W. along the north line of said Block 38, a distance of 261.72 feet, more or less, to a point in the easterly right of way ~lne of State Road No. 5 (U. S. Highway No. l.) as shown on plats recorded in Road Plat Book 2, pages 73, 74 and 75, public records of Palm Beach County, Florida; thence northerly along said easterly right of way line of State Road No. 5 to a point in the north l~ne of Tract 5 of said Revised Plat of portions off Sections 28-29; thence N. 89° 58* 23' E. along the nort~ line of said Tract 5, a distance of 586.12 fleet; thence N. 2° 49* 22' W., a distance of 346.38 feet, more or less, to the north line of Tract 3 of said Revised Plat; thence N. 89° 57* 35' Eo along the north line of said Tract 3, a dis.tance of 1387°19 feet, more or less to a point in said westerly right off way line of the Intracoastal Waterway; thence S. 0u 38* O* W. along said westerly right off way line, a distance of 1211.92 feet, smre or less, to the Point off beginning. and ~dEHEAS, it is considered by the City Council that the inclusion off said premises within the sorporate boundaries o£ the City of Delray Beach under the conditions set out in the Petition for Annexation and the amendment thereto 'above referred to is for the best interests of the City; and ~EHEAS, TROPICAL ISLE DEVELOP~IENT CO. has Presented to this Council a plat of said premises proposed to ~e filed of record entitled 'Tropic Isle' and plans For the develop- ment of the property which plat and plans have been prepared by Brockway, Weber & Brockway, Engineers of ~est Palm Beach, Florida, and this Council deems said plat and plans to be satisfactory and designed for the orderly development of the property and for the protection of the health and welfare of the inhabitants thereof and the inhabitants of the City of De'lray Beach; and ~E~S, TROPICAL ISLE DEVELOP~ENT CO. has entered into a contract and is in the process of installing the water mains and fire hydrants within said proposed plat ~ln accordance with the ~lans and specifications on file with the engineers, Brockway, Weker & Brockway, ~hich JULY 14TH, 1956 contract and installation is in accordance with the sub- division requirements of the City of Delray Beach, and' ~dE~EA.q, TROPICAL ISLE DEVElOPmENT CO. has Further entered into a contract and is by reason of same in the process' of eFffecting the installation of water supply lines, Fire hydrants and fittings from the present nicipal water supply lines located at the intersection of S. E. 7th Street and Uo So Highway No.. 1 to the north west corner of the property sought to be annexed, a photographic copy o~ said contract having been attached to the basic petition for annexation; and ~/EHEAS, all of said wa~er installation contracts meet the requirements and are in compliance v/th the regulations of the City of Del ray Beach, Florida, and have heretofore been 'approved by the City Engineer of this City; NOI/, THEREFOHE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELHAY BEACH: 1. That aforesaid plat a~d plans For the subdlvldion and deFelopment 'of the aforesaid .property be and they are hereby ratified and approved. 2. That the City boundaries shall be extended by ordinance as provided by law Go include said property and t'hat such ordinance '-shall include and contain the Fo Following provisions: ' (.~) Said ter~itory shall be annexed under the Following zoning, regulations and conditions: (1) Residence 'R-lA' District Shall be applicable to lots numbered One (1) through N/rusty-three (93), both numbers inclusive, and lots numbered One Hundred Five (105) through 9ne Hundred Nineteen (119), both numbers inclusive; (2) Residence "R-3' District ~shall be · applicable to lots Ninety-Four (94) through Ninety- nine '(99) and Lots One Hundred One (101) and One Hun- dred two (102) ~hieh shall be used For multt-Fa~ily or duplex type residential properties, and Lots One Hundred (100), One Hundred Three (1'03) and One Hun- dred Four (104) shall be used For Duplex t~pe dwellSngS; (3) Business #c-l" District shall be applicable to all of Lots ~A" and #B"; ~hich shall include motels; hotels; apartments; apartment hotels; agencies, such as employment, insurance and real estate; auditolums; banks bakeries, serving retail trade; barber shops; beauty parlors; bicycle shops, blueprinting, photostating and the like; business colleges, cafeterias, department stores; dressmaking shops; drug stores; dry cleaning, pressing, blocking and dying establishments; electric light and power companies; express companies; Florists; garages For storage of automobiles im connection with hotels only; grocery stores, retail only; hospitals; ice cream parlors; jewelery shops; music stores; office buildings; photo shops and art galleries; post office substations; private clubs; professional offices; public stenographers; radio sales rooms; restuarants; retail stores and shops; sales and show rooms; schools, private or public; stationery and office equipment, retail; telegraph office; theatres; watch repairing; ~asoline service stations and that said proerty be classified so as to be included in the type classifications as defined and described in Ordinance No. G-175 of said City. Such shall be the Zoning classification notwithstanding the Fact that the same 'may differ or deviate from the business classifications now JULY 14TH, 1956 permitted in a *C-l* distrcit by the Zoning Ordinances of Delray Beach. (b) That due to the large amount of expenditures by Tropical Isle Development Co. necessary to make the said territory inhabitable, the City of Delray Beach 8hall not. levy, assess, charge or coblect ad valorem taxes or any other type taxes on said lands in excess of an annual tax of'.$lO.O0 per residential lot or in excess of $50.00 for business lots *~# and #B* as shown on said plat of Tropic Isle for the term of ten years from the date of enactment of the ordinance. The same is resolved under the conditions however, that in the event any such lot is sold, transferred or otherwise diposed of by Tropical Isle Development Co. or tn the event any bulldin~ is constructed on any lot aforesaid, then such lot shall be taxed in addition to the limitations per.lot aforesaid by said City in accordance with the general taxing provisions of said City. (c~ 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 (25) feet to the Front street line,, or closer than eight Feet, six inches (8'6*) to either side lot line or closer than fifteen (15) feet to the rear lot line provided, however, that in the case of corner lots the set back from the side street line shall not be less than twenty (20) feet~ Any buildin~ located on a waterfront lot shall be at least twenty-five (25) feet From the lot line abutting upon the waterway#, 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. 3 (a) The water mains now under contract BEING installed in said area (but not the service connections to private p~operty) shall, forwith become the property of hte City of Delray Beach, Florida, and said City shall furnish .water to the inhabitants of said property at the stone rates charged to other water consumers in the City of Delray Beach, Florida. 3 (b) The water mains now under contract and being installed from the present main Hunicipal water supply line is located at.the intersection of S. E. 7th Street and U. So Highway No. 1 and shall upon completion of said contract run to the northwesterly corner of t.he proposed plat of Tropic Isle shall become the property of the City of Delray Beach, Florida, at the time said 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 satisffled, dissharged and paid in Full upon the happening off either one of the following conditions whichever be the sooner: (1) The total payment of such sum. (2) 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 subdivieion as a part of said City. 4. The Hayer, City Clerk and City Engineer are hereby authorized and directed to forwlth approve the plat of Tropic Isle, as presented, subject to the conditions contained in this Resolution. JIFLY 141~[ · 1956 5. That the City of Delray Beach shall request the Legislature of the State of Florida at its regular session in 1957 to validate by special act the ordinance referred to in Section 2 hereof and all the provisions thereof. · 6 (a) It ls agreed between the. subdivider and the City of Delray Beach that the subdivider shall elther annex or cause to be annexed the remainder of the property indicated in the-sketch attached to the 'Amendment to Pet/tton for Annexation' f/led wlth the City of Delray Beach and ~eferred to above within three years from July 9, 1956, which annex- arSon plan, which shall be in keeping vi. th representations contained in and er,lying from the underlying intent behind the Petition For annexation by the City of Del~ay Beach~ Florida as amended and which future plan of annexation- shall be in accordance with the general subdivision pla%, requirements of the City of Delray Beach, Florida. 6 (b) It is further agreed between the subdivider and the City off Delray Beach that in the event the subdivider fails to abide by and carry out the obligations on its part assumed in Section 6 (a) above and w/thin the time limit contained in Section 6 (a) above· then In such an event all outstanding unpaid monetary obligations by this City involved In Section 3 (b) shall forwith be deemed satisfied, discharged and paid in full. 7. That the reservations and restrictions set forth in Tropical Isle Development Co.*s Petition for annexation as Amended which is marked 'Exhibit C" in said petltlon ls hereby ratified, approved and affirmed. Passed In ~peclal Session this the 14th day of July, A.D., 1956 ~/ Hike Yargates ,, , HAXOR ATTEST: 1 'Clerk Commissioner Snow moved for adoption of Resolution No. 1018 on First and Final Reading. Hotion vas seconded by Commissioner Barrow and'unanimously carried. - Meetin~ adjourned. /S/ R. D. Worthin~ : City ~l'erk APPROVED: