06-051
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ORDINANCE NO. 06- 051
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AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, ANNEXING 9.34+/- ACRES OF
LAND THAT IS CONTIGUOUS TO THE CITY
LIMITS WITHIN PALM BEACH COUNTY AND
THAT WILL, UPON ANNEXATION, CONSTITUTE
A REASONABLY COMPACT ADDITION TO THE
CITY BOUNDARIES; 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,
AND AN EFFECTIVE DATE; PROVIDING THAT
THIS ORDINANCE SHALL BE FILED WITH THE
CLERK OF THE CIRCUIT COURT OF PALM
BEACH COUNTY, FLORIDA, UPON ADOPTION.
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WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the
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WHEREAS, the Lawrence Development Group, LLC., owner, by and through their ~
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agent, Bradley Miller of Miller Land Planning Consultants, Inc., of the property more ~
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particularly described hereinafter, have heretofore filed a Petition, pursuant to Section 9 of ;;;
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development of an Annexation Program; and
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Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the ffi
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26 purpose of annexing a certain tract ofland consisting of approximately 9.34+/- acres; and
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27 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the ~:;
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28 following tract of land as hereinafter described, in accordance with Article I, Section 7 (32) "-J
2 9 of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and
30 WHEREAS, said tract of land lying and being within Palm Beach County is
31 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its
S :\CA \Ordinances\P!anning\Annexations\Annexation - Aspen Glen.doc
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1 annexation, constitute a reasonably compact addition to the City boundary.
2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
3 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
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 SEE EXHIBIT "A" A TT ACHED HERETO
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11 Containing: 406,766 Square Feet Or 9.338 Acres More or Less.
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13 Subj ect to easements, restrictions, reservations, covenants and
14 rights-of-way of record.
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16 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be
1 7 and become part of the City with the same force and effect as though the same had been
18 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 Beach,
2 0 Florida, is hereby amended to reflect the annexation of said tract of land more particularly
21 described in Section 2 of this Ordinance.
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Section 4:
That by Ordinances adopted simultaneously herewith, the proper City
23 zoning designation and Land Use category is being determined as contemplated in Section
24 171.162(2), Florida Statutes.
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Section 5.
All ordinances or parts of ordinances in conflict herewith are hereby
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1 repealed.
2 Section 6: 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.
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Section 7:
This Ordinance shall not be passed until the same has been advertised
6 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton
7 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
10 Circuit Court of Palm Beach County, Florida.
FIRST READING this ~ day of Ju.ne..
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,2006.
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SECOND, FINAL READING and PASSAGE this ~ day of Ju.ly ,2006.
CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
mmissioner - Mack McCray
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Commissioner - Muir c-e-
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LEGAL DESCRIPTION FOR ASPEN GLEN
LANDS LYING, SITUATE AND BEING IN SECTION 7, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE WEST 1/2 OF THE SOUTH 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4, LESS THE NORTH 14 FEET THEREOF, PALM BEACH
COUNTY, FLORIDA, LYING EAST OF A 40 FOOT ROAD RIGHT -OF- WAY.
TOGETHER WITH:
A PARCEL OF LAND LYING, SITUATE AND BEING IN SECTION 7, TOWNSHIP
45 SOUTH, RANGE 43 EAST, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE NORTH 14 FEET OF THE WEST 1/2 OF THE SOUTH 1/4 OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4, PALM BEACH COUNTY, FLORIDA,
LYING EAST OF A 40 FOOT ROAD RIGHT -OF - WAY.
TOGETHER WITH AN EASEMENT OVER AND ACROSS THE NORTH 40 FEET
OF THE WEST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST
1/4 OF THE NORTHWEST 1/4 FOR RIGHT OF INGRESS AND EGRESS, LYING
EAST OF A 40 FOOT ROAD RIGHT-OF-WAY.
TOGETHER WITH:
THE EAST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4
OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH AN EASEMENT
OVER AND ACROSS THE NORTH 40 FEET OF THE WEST 1/2 OF THE SOUTH
1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 FOR
RIGHT OF INGRESS EGRESS.
CONTAINING 406,766 SQUARE FEET/9.338 MORE OR LESS.
SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS,
AND RIGHTS-OF- WAY OF RECORD.