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03-027 ORDINANCE NO. 03- O AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERESECTION OF N. SEACREST BOULEVARD AND MINER ROAD, KNOWN AS THE ROSEMARY SCRUB; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; THE LAND USE DESIGNATION IS BEING CHANGED FROM RECREATIONAL (R) TO CONSERVATION (CON); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has idopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF tHE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. S:\CA\Ordinances\Planning\Land Use\Rosemary Scrub Land Use.doc Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as Conservation (CON). Said land is more particularly described as follows: A parcel of land lying in Sections 9 and 16, Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: From the Southeast comer of the Southwest Quarter (SW ¼) of said Section 9 mn North 90© i00' 00" West along the South line of said Section 9 a distance of 40.00 feet to the Point of Beginning of the herein described parcel of land; continue thence North 90© 00' 00" West a distance of 68.59 feet; thence due South a distance of 40.00 feet; thence due East a distance of 45.88 feet to the point of curvature ora curve concave to the Southwest having a radius of 25.00 feet, thence Southeasterly along the arc of said curve through a central angle of 87© 57' 15" a distance o f 3 8.38 feet t o a point o n t he Westerly R ight-of-Way 1 ine of Seacrest Boulevard, and point of tangency of said curve; thence South 02© 02' 45" East along said Westerly Right-of-Way line a distanced of 75.88 feet; thence South 87© 57' 15" West along the South line of Lot 10, Block 20, of Rolling Green Ridge, 1 st Addition, as recorded in Plat Book 24, at Page 223, of the Public Records of Palm Beach County, Florida, a distance of 73.62 feet; thence along the North line of said Plat of Rolling Green Ridge, South 52° 20' 15" We ' · ° .... I] st a d~stance of 75.79 feet, thence North 50 50 05 West a d~stance of 77.39 feet; ~hence North 90© 00' 00" West a distance of 130.42 feet; thence leaving said North line ~qorth 02© 02' 45" West along a line parallel to Seacrest Boulevard a distance of 140.08 feet ~o a point on the South line of said Section 9; thence North 01© 32' 45" East along a line parallel to Seacrest Boulevard a distance of 658.72 feet to a point on the North line of the South half (S ½) of the Southeast Quarter (SE ¼) of the Southwest Quarter (SW ¼) of said Section 9; thence along said North line South 89© 58' 45" East a distance of 324.05 feet to a point on the Westerly Right-of-Way line of Seacrest Boulevard, an 80.00 foot wide road Right-of-Way; thence South 01© 32' 45" West along said Westerly Right-of-Way line a :listance of 658.62 feet to the Point of Beginning. LESS AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED PROPERTY: parcel of land lying in Section 9, Township 45 South, Range 43 East, Palm Beach County, ?lorida, being more particularly described as follows: From the Southeast comer of the Southwest Quarter (SW ¼) of said Section 9; thence due West along the South line of said Section 9, a distance of 40.01 feet to a point of intersections with a line parallel with and 40.00 feet at right angles to the East line of the Southwest Quarter (SW ¼) of said Section 9; thence North 01© 32' 45" East along said parallel line a distance of 40.01 feet to a point of intersection with a line parallel with and 40.00 feet at right angles to the South line of the Southwest Quarter (SW ¼) of said Section 9 :\CA\Ordinances\Planning\Land Use\Rosemary Scrub Land Use.doc II i and the Point of Beginning of the herein described parcel; thence continue North 01 o 32' 45" East along the West Right-of-Way line of Seacrest Boulevard, as now laid out and in use, a distance of 250.00 feet; thence due West a distance of 175.00 feet; thence South 01 o 32' 45" West a distance of 250.00 feet; thence due East a distance of 175.00 feet to the Point of iBeginning. (Parcel I. D. Nos. 08-43-45-09-00-000-7080; 08-43-45-09-00-000-7090; 08-43-45-16- 01-020-0100; 08-43-45-16-00-000-3100; and 08-43-45-16-00-000-3110.) Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall take effect on adoption, subject to the review, :hallenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is :stablished by state law or special act, the provisions of state act shall control. FIRST READING this ,,~ day of ~Jo, n~_ ,2003. :\CA\Ordinances\Planning\Land Use\Rosemary Scrub Land Use.doc II I SECOND, FINAL READING and PASSAGE this J 7 dayof ~'-t.,LelO-~ ,2003. CITY OF BOYNTON BE~~~ l~or . / - -'--- Commissioner ATTEST: Cit~y-Clerk --4D~ ~ (Corporate Seal) k k 1920] P S:\CA\Ordinances\Planning\Land Use~Rosemary Scrub Land Use.doc