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R94-186A RESOLUTION Of THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN ANNEXATION AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND H, LOY ANDERSON, JR. AND INGER K. ANDERSON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 18, 1994, the City Commission of the City of Boynton Beach, Florida adopted a voluntary annexation ordinance annexing the owners' property in compliance with Section 171.044(2), Florida Statutes and all other applicable state and local laws and regulations; and WHEREAS, the annexation ordinance specifically provided that the City adopted simultaneously therewith a certain city zoning designation and land use category with the understanding that upon receipt of written notice from the owners' the City will immediately proceed to process a land use plan amendment for Low Density Residential and a rezoning R1AAB; and WHEREAS, the parties desire to enter this Agreement to memorialize the agreement between the parties with respect to the future land use plan designation and zoning for the owners property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton'Beach, Florida hereby authorizes and directs the Mayor and City Clerk to execute an Annexation Agreement between the City of Boynton Beach, Florida and H. Loy Anderson, Jr., and Inger K. Anderson, a copy of said Agreement being attached hereto as Exhibit "A". ~ This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this / day of November, 1994. CITY.. OF BOYN,TON BEACH, FLORIDA - ~ice(~ayor ,~-. ~, ?-% -' -'-. C~s~orTe-r (EXHIBIT "A") ANNEXATION AGREEMENT THIS AGREEMENT (hereinafter the "Agreement") is made and entered into this /c~ day of ~'~~ , 19__~,by and between H. LOY ANDERSON, JR., and INGER K. ANDERSON, 15 South Lake Trail, Palm Beach, Flodda 33480 (hereinafter the "Owners"), and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Flodda (hereinafter the "City"). WlTNESSETH: WHEREAS, on October 18, 1994, the City Commission adopted a voluntary annexation ordinance annexing the OWNERS' Property legally described in Exhibit "A" attached hereto and by this reference made a part hereof, all in compliance with Section 171.044(2), Florida Statutes and all other applicable state and local laws and regulations; and WHEREAS, the annexation ordinance specifically provided that the CITY adopted simultaneously therewith a certain city zoning designation and land use category with the understanding that upon receipt of written notice from the OWNERS the CiTY will immediately proceed to process a land use plan amendment for Low Density Residential and a rezoning RI AAB all a contemplated, Ordinance 094-33 attached hereto as Exhibit "B" and by this reference made a part hereof; and WHEREAS, the parties desire to enter into this Agreement to memorialize the agreement between the parties with respect to the future land use plan designation and zoning for the OWNERS property; NOW, THEREFORE, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration, the receipt and sufficiency of which are O1B 856<5 P~ 76 hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The foregoing recitations are true and correct and are hereby incorporated herein by reference. All exhibits to this Agreement are hereby deemed a part hereof. 2. Effective Date. This Agreement shall become effective upon the full execution of this Agreement by the parties hereto. 3. Land Use and Zoning. The parties acknowledge and agree to be bound by the terms of Annexation Ordinance No. 094-33 attached hereto as Exhibit "B" and by this reference made a part hereof, which annexed the OWNERS property legal described in Exhibit "A" attached hereto and by this reference made a part hereof, into the City of Boynton Beach. The Annexation Ordinance specifically provides that the CITY adopted simultaneously therewith a certain city zoning designation and land use category with the understanding that upon receipt of written notice from the OWNERS the CITY will immediately proceed to process a land use plan amendment for Low Density Residential and a rezoning to R1AAB, or its then eq uivatent. 4. 'Property Ownership. OWNERS represent to the CITY that OWNERS are the legal and equitable owner of the property and, as such, are empowered to enter into this Agreement. 5. Due Diligence. The CITY and OWNERS further covenant that they shall in good faith take all reasonable actions necessary to fulfill their obligations hereunder and pursue same throughout the existence of this Agreement. 6. Notices. Upon further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by messenger, certified 08 ~566 P~_ 77 mail, or return receipt requested, or telegram, and shall be mailed or delivered as follows: AS TO CITY: AS TO OWNERS: CITY OF BOYNTON BEACH Carrie Parker, City Manager 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 H. LOY ANDERSON JR., AND INGER K. ANDERSON 15South Lake Trail Palm Beach, FL 33480 Miscellaneous. a. Entire Agreement. This agreement sets forth all of the promises, covenants, agreements, conditions, and understandings between the parties hereto, and supersedes all prior and contemporaneous agreements, understandings, iinducements or conditions express of implied, oral or written, except as herein contained. b. Severability. The invalidity of any provision hereof shall in no way affect or invalidate the remainder of this Agreement. c. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Florida, and any proceeding arising between the parties in any manner pertaining to this Agreement shall, to the extent permitted by law, be held in Palm Beach County, Florida. d. Binding Effect. The obligations imposed pursuant to this Agreement upon the OWNERS and upon the Property as described in Ordinance No. 094-33 for a term of 20 years as an enforceable covenant and this Agreement shall be binding upon and enforceable by and against the parties hereto, successors, grantees, and assigns, and a copy of this Agreement shall be recorded among the Public Records of Palm Beach County, Florida, upon execution of this Agreement. e. Attorney's Fees. Should either party hereto bring an action against the other to enforce the terms and provisions hereof, then the party prevailing in said action shall be entitled to a judgment against the other for his reasonable attorneys fees and costs, through trial, appellate, and post judgment proceedings. _?IN WITNESS WHEREOF, the parties hereto have executed this Agreement as year first above written. Cit 'Clerk City Attorney ~.~C~ OF BOYNTON BEACH "dward Harmening, May~/~ WlTNES~/~ ~1 ~'~-H: OWN~Rm /~/ / ~ / H. ~Anderso~~ ~Pdnt ~~ ¥'nger K~e~son ~2Print o~~e) STATE OF FLORIDA COUN~ OF P~M B~CH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared H. LOY ANDERSON JR., and INGER K. ANDERSON., husband and wife, and acknowledged they executed the foregoing Ot~ 8566 Ps 75' Agreement for the use and purposes mentioned in it. IN WI',TNES$ or the foregoing, I have set my and official seal at on this /.~_~0~..~. ~")~[~-~ .~~ in the State of County aforesaid dayof ~:z--,-x~..p_~ -, 1994.//// No~ P~ubhc L ~/ (~rinted Name) My Commission Expires: J -~',~,,i~f,*'~' ' OFFICIAL SEAL ~ f~.~_ ~.~ HERBERT C. GIBSON 08 ~566 Ps DESCRIPTION: The East 643.18 feet, as measured at dght angles to the East line thereof, of Tracts 9 & 16, Northeast 1/4 of Section 12 as shown on the AMENDED PLAT of SEC. 12, TWP.45S, RGE. 42E, MARY A. LYMAN ET AL., as recorded in Plat Book 9, at Page 74 in and for the Public Records of Palm Beach County, Florida. EXCEPT any and all legal Rights-of-Way, Easements or Reservations of Record. ORB ~566 P~. STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) SS: I HEREBY CERTIFY on this day before me, an officer duly authorized in this State and County aforesaid to take acknowledgements, personally appeared EDWARD HARMENING, as the Mayor of the City of Boynton Beach, and he acknowledged to me that he executed the foregoing instrument freely and voluntarily for the uses and therein expressed and that he did not take an oath. WITNESS my hand and seal this ~_L~_~day of December, 1994. Notary Public ROSE MARIE i,~MANNA August 29,1997 BONDED THRU TROY FAIN INSURAfl~, INO. EXHIBIT "B" ORDINANCE AN ORDINANCE OF THE C THE CITY OF BOYNTON REGARDING THE PALM BEA( (WEST SIDE OF LAWRENC APPROXIMATELY 1,300 HYPOLUXO ROAD) AMENDI~ OF SAID CITY BY AMENDI~ USE ELEMENT OF THE COM~ THE CITY BY ADOPTING T~ OF CERTAIN PROPERTY, ] DESCRIBED HEREINAFTE DESIGNATION IS BEING C5 RESIDENTIAL 5 TO AGRIC FOR CONFLICTS, SEVER EFFECTIVE DATE. WHEREAS, the City Commiss Beach, Florida has adopted a Co~ Plan and as part of said Plan a Ordinance No. 89-38 in accordanc Comprehensive Planning Act; and WHEREAS, a certain tract described hereinafter is being accordance with the application c¢ owner of the following property, Program, by Ordinance being adopt and WHEREAS, the procedure for a~ Element of a Comprehensive Plan a Florida Statutes, has been follo~ WHEREAS, after public hca Commission deems it in the best in said City to amend the aforesaid 5 Plan as adopted by the City herei NOW, THEREFORE, BE IT ORDAiN~ THE CITY OF BOYNTON BEACH, FLORI~ ~ Ordinance No. amended to reflect the following: That the Future Land Use of t shall be designated as Agricul particularly described as follows TO. 094-~ [TY COMMISSION OF BEACH, FLORIDA, H GROVES PROPERTY ROAD, BEGINNING FEET SOUTH OF ORDINANCE 89-38 G THE FUTURE LAND REHENSIVE PLAN OF E PROPER LAND USE 4ORE PARTICULARLY R; SAID LAND ANGED FROM MEDIUM ULTURE; PROVIDING %BILITY, AND AN Lon of the City of Boynton ~rehensive Future Land Use Future Land Use Element by with the Local Government of land more particularly annexed by the City in ~leted by the City for the pursuant to the Annexation ed simultaneously herewith; endment of a Future Land Use s set forth in Chapter 163, ed; and ring and study, the City terest of the inhabitants of lement of the Comprehensive n. D BY THE CITY COMMISSION OF A, THAT: 19-38 of the City is hereby he following described land zure. Said land is more The East 643.18 feet, as measured at right angles to the East line thereof, of Tracts 9 and 16, Northeast 1/4 of Section 12, Township 45 South, Range 42 East, Mary A~ Lyman et al, as recorded in Plat Book 9. at Dace 74 in and for the Public ORB 8566 8J ~mended accordingly. DOROTHY' H. Wi 4, PB COL TY, ~ All ordinances or parts of ordinances in conflict herewith are hereby repealed. ~ Should any section or provision of this Ordinance or any portion thereof be declared by a court of · corapetent jurisdiction to be invalid, such decision shall not I affect the remainder of this Ordinance. ~ C/ae effective date of this Ordinance shall be i the date a final order is issued by the Department of Community Affairs finding this amendment to be in compliance in accordance with Chapter 163.3184, F.S.,; or the date a final order is issued ~ the Administration Commission finding this amendment to be in compliance in accordance with Chapter 163.3184, F.S. C~ne notice of compliance becomes a final order 21 days following the issuance of the notice of compliance if during the 21-day period no petitions are filed challenging the amendment. Once issued, the Notice of Intent shall be attached hereto as Exhibit "A" and made a part of this ordinance by reference. FIRST READING this ~ day of October, 1994. SECOBFD, FINAL RE~ING and PASSAGE this ~~ , 1994. day o f CITY OF BOYNyON BEACH, FLORIDA Mayor ~'