06-004
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CF'N 20CiE.00410SB
O~BK lYB27 FG 1630
HECURDED 01/23/2006 10:45:18
PallO Beach County, Florida
Sharon if. Bock, Cl.ERK & COllPTROl.l.E'
I'gs 1630 - 1636; i7pgo:l I
ORIllNANCE '\0. 06-00'-1
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLOR(])A, ANNEXING 4.456+/- ACRES
OF LAND THAT IS COl'iTIGlJOUS TO THE CITY
LIMITS WITHIN PALM BEACH COUNTY AND
THAT WILL, UPOl'i ANNF:XATlON, CONSTITUTE
A REASONABLY COMPACT AIlDITION TO THE
CITY TERRITOR)'; PROVIIHNG 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,
AND AN EFFECTIVE DATE; I'ROVIDING THAT
THIS ORDINANCE SHALL BE FILED WITH THE
CLERK OF THE CIRClJIT 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, the multiple owners, by and through their agent, Ruden McCloskey, of
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the property more particularly described hereinafter, have heretofore filed a Petition,
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pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton
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Beach, Florida, for the purpose of annexing a certain tract of land consisting of
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approximately 4.456 acres; and
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WHEREAS, the City of Boynton Beach hereby exercises its option to annex the
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following tract of land as hereinafter described, in accordance with Article I, Section 7 (32)
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ofthe Charter of the City and Section 171.044, andlI71.062(2), Florida Statutes; and
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WHEREAS, said tract of land lying and being within Palm Beach County is
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contiguous to the existing city limits of the City of Boynton Beach, and will, upon its
S:\CA\Ordinances\Planning\Annexations\Annexation - Palm Cove.doc
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1 annexation, constitute a reasonably compact addition to the City territory.
2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
3 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section I.
That each and every Whereas clause is true and correct.
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Section 2.
Pursuant to Article I, Section 7 (32) of the Charter of the City of
6 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
7 unincorporated and contiguous tract of land situated and lying and being in the County of
8 Palm Beach, Florida, to wit:
9 That part of Lot 59, "Amended Plat of Trade Winds Estates, a Subdivision," according to the
10 Plat thereof, recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach
11 County, Florida; lying west of the right-of-way of State Road 5 (U.S. Highway No.1) as
12 conveyed to Palm Beach County, Florida, by a deed recorded in Official Records Book 124,
13 Page 638 of the Public Records of Palm Beach County, Florida.
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15 Together with:
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17 Lot 15, "Killian's Park, a Subdivision," according to the Plat thereof, as recorded in Plat
18 Book 23, Page 195, in the Public Records of Palm Beach County, Florida, less that portion
19 of Lot 15 conveyed to the State of Florida by a Warranty Deed recorded in Official Records
20 Book 119, Page 453, of the Public Records of Palm Beach County, Florida.
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22 Together with:
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24 All of Lots 6 through 14 and Lots 16 through 29 of "Killian's Park" recorded in Plat Book
2 5 23, Page 195, in the Public Records of Palm Beach County, Florida.
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2 7 CONT AINING APPROXIMATELY 4.456 ACRES OF LAND
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29 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be
30 and become part of the City with the same force and effect as though the same had been
3 1 originally incorporated in the territorial boundaries thereof.
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Section3 :
That Section 6 and 6(a) of the Charter of the City of Boynton
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1 Beach, Florida, is hereby amended to reflect the annexation of said tract of land more
2 particularly described in Section 2 of this Ordinance.
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Section 4:
That by Ordinances adopted simultaneously herewith, the
4 proper City zoning designation and Land Use category is being determined as contemplated
5 in Section 171.162(2), Florida Statutes.
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Section 5.
All ordinances or parts of ordinances in conflict herewith are
7 hereby repealed.
8 Section 6: Should any section or provision of this Ordinance or any portion
9 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
10 affect the remainder of this Ordinance.
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Section 7:
This Ordinance shall not be passed until the same has been advertised
12 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton
13 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes.
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Section 8.
This ordinance shall become effective immediately upon passage.
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Section 9.
This ordinance, after adoption, shall be filed with the Clerk of the
16 Circuit Court of Palm Beach County, Florida.
17 FIRST READING this ~_ day of Ja.ouC' ri ,2006.
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SECOND, FINAL READING and PASSAGE this ~ day of Jo..nUAry , 2006.
CITY OF BOYNTON BEACH, FLORIDA
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~issioner
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Commissioner
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ATTEST:
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LOCATION MAP
Palm Cove (a.k.a. Miller Road)
ANEX 05-005 & LUAR 05-014
Exhibit A
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300 150 0
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300 Feet A
NOTICE OF
MUNICIPAL ANNEXATION
FRQM:
The City of Boynton Beach, Florida
Please be advised by this notification and attached location map, that certain lands have been
annexed by BOYNTON BEACH, Florida. Information contained herein is pertinent to the area in
question. If additional material is required, please contact the Director of Planning and Zoning.
Name of Development/Owner: Palm Covel East Coast Communities, Inc
Ordinance # 06-004 Or Special Act of State Legislature: Bill #
Effective Date: January 17, 2006
Property I. D. # 00-43-46-04-11-000-0060 00-43-46-04-17-000-0071
00-43-46-04-11-000-0101 00-43-46-04-11-000-0120
00-43-46-04-11-000-0150 00-43-46-04-11-000-0160
00-43-46-04-11-000-0191 00-43-46-04-11-000-0210
Area of Subject Property: 194,099 s. ft. Sq. Ft.
Estimated Present Population: 9
Estimated Number of Existing Dwelling Units: 4
Estimated Present Residential Density:
Zoning: RM & CG Density Allowed:
Existing type of development: 4 dwelling units, 1 commercial building, vacant land
00-43-46-04-11-000-0090
00-43-46-04-11-000-0131
00-43-46-04-11-000-0171
:1:4.456 Acres
3 dulac
5 dulac
Proposed type of development: Aggregated with other land within the city for a townhouse
community
'County Commissioners
'County Planning, Zoning & Building
'County Tax Assessor
'Secretary of State
'Supervisor of Elections
. State Department of Transportation
'Owner or Petitioner
All City Departments
All Utility Companies
Chamber of Commerce
Bureau of Census
'Clerk of County Circuit Court to receive
copy of ordinance
Attachment Local Map
Document49
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