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ORDINANCE NO. 04- 0~'5
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, ANNEXING 7.29 ACRES OF
LAND THAT IS CONTIGUOUS TO THE CITY
LIMITS WITHIN PALM BEACH COUNTY AND
THAT WlIJ., UPON ANNEXATION, CONSTITUTE A
REASONABLY COMPACT ADDITION TO THE
CITY TERRITORY, PURSUANT TO ARTICLE I,
SECTION 7 (32) OF THE CHARTER OF THE CITY
OF BOYNTON BEACH, FLORIDA, AND SECTIONS
171.044, AND 171.062(2), FLORIDA STATUTES;
PROVIDING THAT THE PROPER LAND USE
DESIGNATION AND PROPER ZONING OF THE
PROPERTY SHALL BE REFLECTED IN SEPARATE
ORDINANCES TO BE PASSED SIMULTANEOUSLY
HEREWITH; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE; PROVIDING THAT THIS
ORDINANCE SHALL BE FILED WITH THE CI~ERK
OF THE CIRCUIT COURT OF PALM BEACH
COUNTY, FLORIDA, UPON ADOPTION.
WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires
the development of an Annexation Program; and
WHEREAS, Southern Homes of Palm Beach, LLC, through its agent, Carols J.
Balbe/Keith & Balbe, Inc., as owner of the property more particularly described
hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-
Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of
annexing a certain tract of land consisting of approximately 7.29 acres; and
WHEREAS, the City of Boynton Beach hereby exercises its option to annex
the following tract of land as hereinafter described, in accordance with Article I,
Section 7 (32) of the Charter of the City and Section 171.044, and 171.062(2), Florida
Statutes; and
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WHEREAS, said tract of land lying and being within Palm Beach County is
contiguous to the existing city limits of the City of Boynton Beach, and will, upon its
annexation, constitute a reasonably compact addition to the City territory.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That each and every Whereas clause is true and correct.
Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of
Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
unincorporated and contiguous tract of land situated and lying and being in the County
of Palm Beach, Florida, to wit:
A PARCEL OF LAND IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 48, "TRADE WINDS
ESTATES FIRST ADDITION" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 22, PAGE 44 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, SAID CORNER BEING ON THE
WESTERLY RIGHT-OF-WAY LINE OF THE INTRACOASTAL WATERWAY;
THENCE NORTH 05026'06'' EAST ON SAID WESTERLY RIGHT-OF-WAY
LINE 365.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH
89018'46'' WEST 385.00 FEET; THENCE NORTH 05026'06'' EAST 4.08
FEET; THENCE SOUTH 89°18'46" WEST 35.00 FEET; THENCE SOUTH
05026'06'. WEST 174.98 FEET; THENCE SOUTH 89018'46'' WEST 236.14
FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE
SOUTHEAST; THENCE SOUTHWESTERLY ON THE ARC OF SAID CURVE,
WITH A RADIUS OF 102.47 FEET AND A CENTRAL ANGLE OF 34034'00''
AN ARC DISTANCE OF 61.82 FEET TO A POINT OF REVERSE
CURVATURE OF A CIRCULAR CURVE, CONCAVE NORTHWEST; THENCE
SOUTHWESTERLY ON THE ARC OF SAID CURVE, WITH A RADIUS OF
82.59 FEET AND A CENTRAL ANGLE OF 34034'00" AN ARC DISTANCE
OF 49.83 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89018'46''
WEST 94.20 FEET TO THE INTERSECTION WITH THE EASTERLY
RIGHT-OF-WAY OF U.S. HIGHWAY NO. 1 (STATE ROAD NO. 5), SAID
INTERSECTION BEING ON THE ARC OF A CIRCULAR CURVE, CONCAVE
WEST, THE RADIUS POINT OF WHICH BEARS NORTH 73025'48'' WEST;
THENCE NORTHERLY ON SAID EASTERLY RIGHT-OF-WAY AND ON THE
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ARC OF SAID CURVE, WITH A RADIUS OF 11,509.20 FEET AND A
CENTRAL ANGI JE OF 02023'09" AN ARC DISTANCE OF 479.27 FEET;
THENCE NORTH 89°14'41" EAST 245.48 FEET; THENCE NORTH
05026'06'' EAST 95.70 FEET TO THE INTERSECTION WITH A LINE
PARALLEL WITH AND 578.97 FEET SOUTH OF THE NORTH LINE OF
SAID SECTION 4; THENCE NORTH 89° 18'46" EAST ON SAID PARALLEL
LINE 274.00 FEET; THENCE SOUTH 06036'55'' WEST 40.21 FEET TO
THE INTERSECTION WITH A LINE PARALLEL WITH AND 618.85 FEET
SOUTH OF THE NORTH LINE OF SAID SECTION 4; THENCE NORTH
89018'46'' EAST ON SAID PARALLEL LINE 250.00 FEET TO THE
INTERSECTION WITH THE AFOREMENTIONED WESTERLY RIGHT-OF-WAY
LINE OF THE INTRACOASTAL WATERWAY; THENCE SOUTH 05026'06''
WEST ON SAID WESTERLY RIGHT-OF-WAY LINE 315.29 FEET TO THE
POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DELRAY
BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAINING 317,676
SQUARE FEET, 7.2928 ACRES.
is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed
shall be and become part of the City with the same force and effect as though the same
had been originally incorporated in the territorial boundaries thereof.
Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton Beach,
?lorida, is hereby amended to reflect the annexation of said tract of land more particularly
]escribed in Section 1 of this Ordinance.
Section 3: That by Ordinances adopted simultaneously herewith, the proper City
~oning designation and Land Use category is being determined as contemplated in Section
171.162(2), Florida Statutes.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
'epealed.
Section 5: Should any section or provision of this Ordinance or any portion thereof
>e declared by a court of competent jurisdiction to be invalid, such decision shall not affect
he remainder of this Ordinance.
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Section 6: This Ordinance shall not be passed until the same has been advertised
for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton
Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes.
Section 7. This ordinance shall become effective immediately upon passage.
Section 8. Specific authority is hereby given to codify this Ordinance.
Section 9. This ordinance, after adoption, shall be filed with the Clerk of the
Circuit Court of Palm Beach County, Florida.
FIRST READING this .~O day of sJC,lJ,~ ,2004.
SECOND, FINAL READING and PASSAGE this ~ day of ~ 2004.
CITY OF BOYNTON BEACH, FLORIDA
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