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O83-46AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ~NEXATION PURSUANT TO SECTION VII(32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND FLORIDA STATUTES 171.044; PROVIDNG THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HERE- WITH; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A S~ PROVIDING FOR ADVERTISING; AND ITIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Larry W. Carilla and Michael R. Melear, owners of the following tract of land described as: ~ See attached Exhibit "A" filed a Petition for Annexation to the City of Boynton Beach directed to the City Council pursuant to Articles VII(32) of the Charter of the City of Boynton Beach, Florida, and Section 171.044, Florida Statutes; and 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, Florida, and will, upon its annexation constitute a reasonably compact addition to the City territory; and WHEREAS, the proposed use of said land and land use designation has been determined to be consistent with the future land uses of the City of Boynton Beach and the Palm Beach County Commission has no objection to the designated use. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Pursuant to Section VII(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: See attached Exhibit "A" is ~ereby annexed to the City of Boynton Beach, 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 VI and VI(a) of the Charter of the City of Boynton Beach, Florida, is hereby amended to reflect the annexation of that tract of land more particularly described in Section 1 of this Ordinance. Section 3: That by Ordinances adopted simultaneously herewith, the proper zoning designation and land use category is being determined. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Should any section or provision of this Ordinance or a port~on thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainde~ of this Ordinance. Section 6: Specific authority is hereby granted to codify this Ordinance. Section 7: This Ordinance shall not be passed until the same has been advertised for four (4) consecutive weeks in a newspaper of general circulation in the City of Boynton Beach as required by the City Charter and Section 171.044, Florida Statutes. Section 8: This Ordinance shall become effective immediately upon its final passage. Section 9: This Ordinance, after adoption, shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida. 1983. FIRST READING this day of SECOND, FINAL READING and PASSAGE this day of 'cj~,nt,k~(~k3r~ , 198~, ! CITY OF BOYNTON BEACH, FLORIDA VICE MAY~ C~UNCIL M~MBER - /C~gNCIL M-E~FB~ R / ATTEST: CITY CL~ (Seal) EXHIBIT A (ORDINANCE NO. LEGAL DESCRIPTION The Northeast one-quarter of Section 18,-Township 45 South, Range 43 East, less the East 50.00 ~eet thereof and right-of-way for. L.W.D.D. Canal L-20 and L-21, together with the Northeast one-quarter of the Northeast one-quarter of the Northwest one-quarter Of said Section 18, less the right-of-way for L.W.D.D. Canal L-20. Said lands situate, lying and being in Palm Beach County, Florida- CONTAINING 155.15 acres, more or less. Exhibit A - Pq. 2 (ORDINANCE'NO. 83-46) A portion of Old Boynton Road in Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida being more particularly described as follows: A forty (40) foot road right-of-way adjacent to the south line of Lots 31 through 38 in "Subdivision Section 19, Twnp. 45 South of Range 43 East" as-recorded in the Palm Beach County, Florida, official records in Plat Book 7, Page 19, said forty (40) foot road right-of-way now being known as OLD Boynton Road, and the South twenty (20) feet of said lots 31 through 38 deeded to said Palm Beach County for additional road right-of-way as recorded.in said official records in Official Record Book 3012, Paqe 1485 and the north twenty (20) feet of Lots 39, 40 and a portion of Lot 41 deeded to said Palm Beach County for road right- of-way as recorded in said official records in Official Record Book 2584, Page 1018 and Book 3652, Page 531.