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06-056 II 1 ORDINANCE NO. 06-056 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OF NATIONAL LAND 6 COMPANY, INC., AMENDING ORDINANCE 02- 7 013 TO REZONE A PARCEL OF LAND 8 LOCATED ADJACENT TO AND EAST OF 1-95, 9 WEST OF LAKE IDA, APPROXIMATELY 1,400 10 FEET SOUTH OF THE SOUTHERN TERMINUS 11 OF DIANE DRIVE, AS MORE FULLY 12 DESCRIBED HEREIN, FROM PALM BEACH 13 COUNTY LIGHT INDUSTRIAL (IL) AND CITY 14 OF BOYNTON BEACH RI-AAB TO SINGLE 15 FAMILY RESIDENTIAL (RI-AA); PROVIDING 16 FOR CONFLICTS, SEVERABILITY, AND AN 17 EFFECTIVE DATE. 18 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 20 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 21 and 22 WHEREAS, National Land Company, Inc., owner of the property located adjacent 23 to and east of 1-95, west of Lake Ida, approximately 1,400 feet south of the southern 24 terminus of Diane Drive in Boynton Beach, Florida, as more particularly described herein, 25 has filed a Petition, through its agent, Michael J. Covelli of Caufield & Wheeler, Inc., 26 pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton 27 Beach, Florida, for the purpose of rezoning a parcel of land, said land being more 28 particularly described hereinafter, Palm Beach County Light Industrial (IL) and City of 29 Boynton Beach (RI-AAB) to Single Family Residential (RI-AA); and 30 WHEREAS, the City Commission conducted a public hearing and heard testimony 31! and received evidence which the Commission finds supports a rezoning for the property C:\Documents and Settings\PrainitoJ\Local Settings\Temporary Internet Files\OLKI04\Rezoning - Lake Trail Estates.doc II 1 hereinafter described; and 2 WHEREAS, the City Commission finds that the proposed rezoning is consistent 3 with an amendment to the Land Use which was contemporaneously considered and 4 approved at the public hearing heretofore referenced; and 5 WHEREAS, the City Commission deems it in the best interests of the inhabitants 6 of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 8 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 9 Section 1. The foregoing Whereas clauses are true and correct and incorporated 10 herein by this reference. 11: Section 2. The following described land located adjacent to and east of 1-95, , 121 west of Lake Ida, approximately 1,400 feet south of the southern terminus of Diane Drive in 131 the City of Boynton Beach, Florida, as set forth as follows: I 14 15 SEE ATTACHED EXHIBIT "A" 16 17 Containing: 997,709 square feet or 22.90 acres more or less. 18 19 Subject to easements, restrictions, reservations, covenants and 20 rights-of-way of record. 21 22 be and the same is hereby rezoned from Palm Beach County Light Industrial (IL) and City of 23 Boynton Beach (RI-AAB) to Single Family Residential (RI-AA). A location map IS 24 attached hereto as Exhibit "B" and made a part of this Ordinance by reference. 2 5 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 26 accordingly. 2 7 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby C:\Documents and Settings\PrainitoJ\Local Settings\Temporary Internet Files\OLKI04\Rezoning - Lake Trail Estates.doc II 1 repealed. 2 Section 5. Should any section or provision of this Ordinance or any portion thereof 3 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 4 the remainder of this Ordinance. 5 Section 6. This ordinance shall become effective immediately upon passage. 6 FIRST READING this ~ day of Jun e... , 2006. 7 SECOND, FINAL READING and PASSAGE this ~ day of JUL..V ,2006. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ATTEST: 24 25 26 27 28 CITY OF BOYNTON BEACH, FLORIDA td;~~ V~MMLJ k C:\Documents and Settings\PrainitoJ\Local Settings\Temporary Internet Files\OLK 104\Rezoning - Lake Trail Estates.doc DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHERE THE EAST RIGHT-OF-WAY LINE OF STATE ROAD NO.9 (1-95) INTERSECTS THE NORTH LINE OF THE SOUTH 3/4 OF THE SOUTH 1/2 OF SAID SECTION 5, SAID POINT ALSO BEING 387.38 FEET (AS MEASURED ALONG SAID EAST RIGHT-OF-WAY LINE) SOUTH OF THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, "LAKE VIEW HAVEN" , AS RECORDED IN PLAT BOOK 32, PAGES 53 AND 54 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID RIGHT-OF-WAY LINE S18'31'15"W (ASSUMED), A DISTANCE OF 1365.57 FEET TO A POINT IN THE NORTHWEST CORNER OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 1788, PAGE 405; THENCE S18'31'15"W, A DISTANCE OF 380.00 FEET, MORE OR LESS; THENCE S89'58'35"E AND PARALLEL WITH THE NORTH LINE OF THE SOUTH 14 OF THE SOUTH ~ OF SAID SECTION 5, A DISTANCE OF 300.00 FEET, MORE OR LESS, TO THE APPROXIMATE SHORE LINE OF LAKE IDA AS MAINTAINED; THENCE N18'31 '15" E ALONG SAID SHORE LINE, A DISTANCE OF 380.00 FEET, MORE OR LESS, TO A POINT IN A LINE 48.00 FEET NORTH OF AND PARALLEL TO SAID NORTH LINE OF THE SOUTH 14 OF THE SOUTH ~ OF SECTION 5; THENCE S89'58'35"E, A DISTANCE OF 185.00 FEET; THENCE N30'25'48"E, A DISTANCE OF 138.00 FEET; THENCE N59'34'14"W, A DISTANCE OF 162.57 FEET; THENCE N16'49'16"E, A DISTANCE OF 38.91 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 67.85 FEET AND A CENTRAL ANGLE OF 49'03'30", A DISTANCE OF 57.92 FEET; JHENCE N65'52'48"E ON A LINE TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 90.85 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 106.26 FEET AND A CENTRAL ANGLE OF 53'41'47", A DISTANCE OF 99.58 FEET; THENCE S59'34'14"E, A DISTANCE OF 93.09 FEET; THENCE N30'25'46"E, A DISTANCE OF 137.40 FEET; THENCE S89'34'14"E, A DISTANCE OF 275.96 FEET; THENCE N01'39'45"E, A DISTANCE OF 125.40 FEET; THENCE N3T41'35"E, A DISTANCE OF 88.34 FEET; THENCE NOO'52'OO"E, A DISTANCE OF 5.28 FEET TO THE INTERSECTION OF THE WESTERLY LINE OF BLOCK 1, "LAKE EDEN SUBDIVISION PLAT NO.2", AS RECORDED IN PLAT BOOK 29, PAGE 53, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N21'14'45"W ALONG SAID WESTERLY LINE OF BLOCK 1, A DISTANCE OF 803.98 FEET TO THE MOST WESTERL Y CORNER OF LOT 1 OF SAID BLOCK 1 OF "LAKE EDEN SUBDIVISION PLAT NO.2"; THENCE N18'30'15"E ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 101.11 FEET TO THE SOUTHEAST CORNER OF PARCEL A, AS SHOWN ON THE PLAT OF "LAKE VIEW HAVEN", AS RECORDED IN PLAT BOOK 32 ON PAGES 53 AND 54, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N71'28'45"W ALONG THE SOUTH LINE OF SAID PARCEL A, A DISTANCE OF 199.88 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL A; THENCE N18'31'15"E ALONG THE WEST LINE OF SAID PARCEL A, A DISTANCE OF 60.00 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 1, OF THE SAID PLAT OF "LAKE VIEW HAVEN"; THENCE N71'28'45"W ALONG THE SOUTH LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 110.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1, BLOCK 1 AND THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO.9 (1-95); THENCE S18'31'15"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 387.38 FEET TO THE POINT OF BEGINNING AFOREDESCRIBED. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. CONTAINING 997,709 SQUARE FEET/22.90 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS AND RIGHTS-OF-WAY OF RECORD. CAULFIELD 8: WHEELER, INC. CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING 730lA W. PALMETTO PARK ROAD - SUITE 100A BOCA RATON. FLORIDA 33433 PHONE (561)-392-1991 / FAX (561)-750-1452 DA ID P. LINDLEY REGISTERED LAND SURVEYOR NO. 5005 STATE OF FLORIDA L.B. 3591 Lake Trail Estates Rezoning Sketch ~XN If! () \\ it I) DA TE MAY 0 8 toa6 DRAWN BY F.B. PG. SCALE AS SHOWN JOB NO. 4240