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O69-12 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 62 - 9 OF SAID CITY BY REZONING CERTAIN PARCELS MORE. PARTICULARLY DESCRIBED HEREINAFTER, LOCATED IN SECTION 29, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA; PROVIDING FURTHER FOR SAVINGS CLAUSE; REPEALING PROVISIONS, AN EFFECTIVE DATE AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section ';]~:. That the respective parcels, more particularly described in Schedule A attached hereto and hereby made a part hereof, be and the same are hereby rezoned as follows: PARCELS A, B and C: Rezoned from Zone R-1AA to Zone C-1. PARCELS D, E, F. and G: Rezoned from Zone R-1AA to Zone 3-A. The Official Zoning Map of the City shall be amended accordingly. Section 2: Separability: Each of the provisions of this Ordinance are separable, including word, clause, phrase or sentence, and if any portic hereof shall be declared invalid, the remaining portion shall not be affected but shall remain in full force and effect. Section 3: Repealing Provisions: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Effective Date: This ordinance shall become effective in the manner and at the time provided by the Charter and Ordinances of the City of Boynton Beach, Florida. First reading this_~day of .~/~-~4 , A.D. 1969. Second, final reading and passage this day of ~/~(g} h.~ 196 CITY OF ~YNTON ~B~C~,sFLO~ID~ ATTEST: By: City Clerk Vice Mayor CORP. SEAL ounc~an C ouncilm an Couh~cikn ~n ~ - SC H]~ DU O:~ A - Parcel A: A parcel of land in the Northwest Quarter (MW 1/4) of Section 29, Township 45 South, Range 43 East, City of Boyn~on Beach, Palm Beach County, FlOrida, more particularly described as follows' FROM the Northwest Corner of Section 29, Township 45 South, Range 43 East, City. of Boynton Beach, Palm Beach County, Florida, run South 0° 57' 29" East.along the centerline of Congress Avenue and the West line of' said Section 29 a distance of 1315.77 feet to a point; thence, departing from said centerline, North 87° 54' 06" East a distance of 50. 01 feet to the Point of Beginning. of the herein described Parcel of land; thence North 87° 54' 06" East' a distance of 200.00 feet to the Northeast corner of said parcel of land; thence South 0° 57' 29" East a distance of 200.00 feet to the Southeast corner of said Parcel of Land; thence South 87~ 54' 06" West a distance of 174.50 feet to the beginning of a curve concave to the Northeast having a radius of 25 feet and a central angle of 91© 08' 25"; thence Westerly, Northwesterly and Northerly, along the arc of said curve, a distance of 39.77 feet to a point on the EaSterly line of the 100 foot Right-of-Way of Congress Avenue; thence. North 0° 57' 29" West parallel to and 50 feet EasterlY from, when measured at right angles ~o - the West line of said Section 29, said West line being'the centerline' of said Congress Avenue, a distance of 174.50 feet to the Point of Be~innin$.: Contain- lng 0.915 Acres of land, more or less, and being subject to any and all Ease- ments and/or Rights of Way of Record. Request:: R-iAA to C-I - To be used...for Gasoline Filling S~:at:ion ,Pareel B~:· Legal ~.cscr~pmon of a ~ ~.~ of .. .. ~ng~-ess Avenue and S~a~ Road S-804 in ~he City of ~oa ~ach, Flori~ .- A pa~c¢! of land {n ~c~ion 29, Townshto RS Sou~h, Range ~8 E=~, City of Eoyntoa ~acn, Pahn ~ach Couney, Flori~, ~uaded on ~he Wesi By ~ne Eas~erty Line of . ~hc 100 ~oo~ k~.~ o~ ~Vsy o~ Congress Awn~c and on ~hc ~-~ ~ by ~he ~u~herly . ... Line of ~he t06 f~t R~gh~ of Way. of State Road S-g0,~ as same is recorded in Road 'Pla¢ ~k 2, Pages 2!7 [brough ~n . '.-' ~=u, P~lic Records, Palm Beach ~ty, .Flori~, ~ing more par¢icularly ~scr~ed as follows: ...:.. FRO~ THE Nomhwes: co,er of ' ~c~mn 29~ Township ~5 ~a~h, Range . .'; : ..... ~" 4S East, Cf=y of Boyn:on ~ach, Palm ~ach' ~un[y, P~ 'Eas~ ( for ~avenlea~ t!~ Wear Line of said ~¢tioa 29 'ts assumed ~o ~az North :-.. 0~57'29'' West, in ac~=~n~ wi~h ~he Plat of S~a~e Road'S'804, as geco=deal ~ · . ' Plat ~ok 2, pages 217 ~h~ugh 220, Publi¢ Records, Pa~ ~aeh ~ty, and all otlmr bearings recited herein ar~ r~Ia~iv~ ~i~er~to ) a distan~ of 322.06 ~: to ~t~e infraction of ~ Westerly lin~ of ~ald ~c~ion 29 ( ~id V/~s~e'rly line of ~c:[on 29 ~tng also ~he cen:ezl[n~ of she 100 f~t R~gh~ of Way of -" Aven~ ) with ~hc ~he=ly R~ghz of Way line of said Stage Road S-80-~ ;. ~hcnc~ ~.:' along said Soumherly .Rig~ of Way LMc, No~h. 87~5~'06''. East, a dis~an~ of.' ?4. S2 feet ~o a ~in~ of ~Bgcncy of ~' Righ~ of Way. Re~n ~'om thc Easterly -- R[~: of Way Linc of zaid ~ngress Avenue and ~[d ~zherty Right of Way Linc ..' of S~e Road S-804 a~:~ .~gint of Beginning of the h~z~n descried Par~t.of .:.. ~ad; ~b~ncc ~lon~ :he ~~ of said P~rceI of land, North 8Y~54'06" East' a dls~a~ of lYS, ~9 ~c~ ~o Zhc No~hcas~erty ~rner of said Pardi of ~nd ;... then~ ~u:h 0'57'29" Eas~ along tl~e Easterly Line of said Pardi of ~nd a .... dls~an~ of 200 ~: ~o ~he ~u~heam:erty corp~r, of said Par~ of ~nd; zh~n~ (' - :~ ~ ~ ..... -... ~u~h 87°56'05'' Wes:, along tP~ ~hc. ly Linc o~ said pardi, c distance of 2~, 00 fe~: ~o a ~tn~ in ~l~ Easterly R!gh~ of Way Lin~ of said ~n~ess A~en~ .. .... ~ and z~ze ~u~v{esggrly ~rnerof :he hcreln ~scri~d ~z~l of land; t~en~ N°r~h 0~5%'29". Wes: along zhe said Easzcrly Righ~ of Way Line of ~n~ess Avcn~ and ~c Wcs~crly L~nc of sa~d Par~l' of ~nd a d~s~ncc of. 17~, R9 fee: ~o ~he ~gInning of ~hc aforesaid rcz~n,, a c~c '~n~vo zo :he ~hcas~ 'having a radius of 25 ~e~ and a ~n~ra! angle of 88~!'~S"; ~hcn~ No~hcrly, No~hcaszcrly and East-~ erly, a~ng :I~c arc of sa ~d c~ve, a dis:an~ of ~8.77 f~e: :o ~,,~ ~y..,,.~ . ,~ CONTAIN!NO 0.915 Acres of land, ~oro or !0s$, ar~ ~ing s~jCc~ to ' any and al! Ea~ncs and/or Rights of Way of re~rd~'" ~ ' Request: R-1AA to C-1 - ~o be used rom Gasoline Fillin~ Station. -- 2 Parce .1 C: Description of a parcel of land in the Northwest Quarter (NW 1/4) of Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, more particularly described as follows: From the Northwest Corner of Section 29,. Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, a point 'on .the centerline of the 100 foot Right-of'Way of Congress Avenue, run South 0° 57' 29" East, along the West line of said Section 29 and said centerline of Congress Avenue a distance of 322.06 feet to its intersection with the souther- ly line of the 106 foot Right-of-Way of State Road S-804 as same is recorded in. Road Plat Book 2, Pages 217 through 220, Public Records, Palm Beach County, Florida; thence along said southerly line of the 106 foot Right of Way of State Road S-804, North 87° 54' 06" East a distance of 250.02 feet to the Point of Beginning of the herein described Parcel of Land; thence continuing along the southerly Right-of-Way line of said State Road S-804 and the northerly line of said Parcel of Land North 87° 54' 06" East a distance of 538.57 feet to the northeasterly corner of said Parcel of Land; thence departing from said Right- of-Way line South 0° 57' 29" East along the Easterly line of said Parcel of Land a distance· of 1193.70 feet to the southeasterly corner of said Parcel of Land; thence South 87 o 54' 06" West along the southerly line of said Parcel of' Land a distance of 538.57 feet to a point; .thence North 0° 57' 29" West a distance of 200 feet'to apoint; thence North 87° 54' 06" East a distance of 200 feet to a point on the easterly Right-of-Way line of the aforesaid Congress Avenue; thence along said Right-of-Way line, and the westerly line of said Parcel of Land, North 0° '57' 29" West a distance of 793.69 feet to a point; thence departing from said Right-of-Way line and continuing on the boundaryof said parcel of land North 87° 54' 06" East a distance of 200.·'00 feet to a Point; thence North 0° 57' 29". West a distance of 200.00 feet to the Point of Beginning containing' 13.970 Acres of land, more or less, and being subject to any and all Easements and/or Rights of Way of Record. Reques'~: R-1AA to C-t - to be used fora a Shopping Centem. - 5 - tSarcet D: Description -of 5. 811 Acre Parcel of Land in Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, bounded on the North by Lake Worth Drainage District's Lateral Canal L-24, on the East by Lake Worth Drainage District's Equalizing Canal E-4, on the South by the Northerly Right of Way line of State Road S-804 as same is recorded in Road Plat Book 2, Pages 217 through 220, Public Records, Palm Beach County, Florida, and on the West by the Easterly Right of Way line of Congress Avenue; said parcel' of land being luther described as follow~: FROM THE Northwest corner of Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, run North ' 87°43'39'' East, along the Northerly Line of said Section 29, a distance of 50.01 feet to the intersection of said Northerly Line -with the Easterly Line of Congress Avenue; thence So~uth 0°57'29'' East.along said Easterly line a distance of 76.02 feet to its intersection with the Southerly line of the Lake Worth Drainage District Lateral Canal, L-24, the Northwest corner and Point of Beginning of the herein described parcel of land; thence along the bounda~y'°f said l:arcel of land South" 0°57'.29'' East a distance of 114.67 ' · feet to the beginning of a curve concave to the Northeast having a radius of - "' 25 feet and a central angle of 91°08'25"; thence Southerly, Southeasterly, ' and Easterly, along the arc of said curve, a distance of 39.77 feet to the end of said curve; thence along the Souther!y line of the herein described parcel of land and the Northerly line of the aforesaid State Road S-804 North 87°54'06" East a distance of 1749.19 feet to the Southeast' corner of said parcel of land and the intersection of the Northerly line of sai d State Road · S-804. withfl~e Westerly line of Lake Worth ' .... Drainage District's Equalizing Canal E-4; thence along the easterly line of said parcel of land' and the said Westerly Line of Canal E-4, North 2° 05' 54" West a distance of 145.53 feet to the northeast corner of said parcel of land and the intersection of said Westerly Line of Canal E-4 with the southerly line of the aforesaid canal L-24; thence along the northerly line of said parcel of land and the southerly line of said Canal L-24, South 87° 43' 39" West a distance of 1771.92 feet to the Point of Beginning, containing 5.811 Acres of land, more or less, and being subject to any and all Easements and/or Rights-of-Way of record. Request: F~om R-1AA to R-3A - Fo~ the const-~uction of two sto~y multiple family ~esidential dwellings consisting of apamtments with appmoximatety 16 units each. -4 - ~arc~e ! E: A 2.872 Acre parcel of land in Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, bounded on the North by the North line of said Section 29; bounded on the South by State Road S-804 as same is recorded in Road Plat Book 2, Pages 217 through 220, Public Records, Palm Beach County, Florida; bounded on the West by the Lake Worth Drainage District Equalizing Canal E-4 and more' particularly described as follows: FROM THE Northwest Corner of Section 29, Township 45 South, Range. $3 East, City of Boynton Beach, Palm Beach County, Florida, run North 8?° 43' 89" East along the North line of said Section 29 a distance of 2060.41 feet to the Northwesterly corner and Point of Beginning, of the herein described Parcel of land; thence along the Northerly Boundary of said Parcel of Land North 87° 43' 39" East a distance of 596.44 feet to the North Quarter Corner of said Sectioi thence, continuing along said Northerly Boundary, North 88° 02' 00" East a dis- tance of 829.46 feet to the Northeasterly corner of said Parcel of Land; thence South 1° 12' 55" East, along the Easterly. line of said Parcel of Land, a distance of 11.99 feet to a point on the Northerly line of the 106.0 foot wide Right-of-Way of State Road S-804, recorded in Road Plat Book 2, Pages 217 through 220, Public Records, Palm Beach County, Florida; thence along said Right-of-Way and the Southerly Boundary of the herein described Parcel of Land, South 72° 02' 36" West a distance of t'4.31 feet to the beginning of a curve concave to the North- Northwest and having a radius ~of 1857.08 feet; thence Southwesterly and Westerly along the arc of said curve a distance .of 437.50 feet which subtends a central angle of 13° 29' 53" tO the intersection of said curve w(th the Easterly Right- of-Way line of the aforesaid' Canal E-4 and the Southwesterly corner of the herein described parcel of land; thence along the said Right-of-Way and the Westerly line of the herein described parcel of land North 2° 05' 54" West a distance of 220.58 feet to the Point of'Beginning, coNTAINING 2.872 Acres of land, more or less, a~d being subject to any and all Easements and/or Rights of Way of record. Request: From R-1AA to R-3A ~ For the construction of ~wo story multiple family residential dwellings consisting of apartments with approximately 16 units each. - 5 - Description of a parcel of land in Section 29, Township 45 South, Range 43 Eastt Boynton Beach, Palm Beach County, Florida, bounded on the North by State Road S-804 and on the East by Lake ~orth Drainage Districts Equalizing Canal, E-4, and more particularly described as followS: From the Northwest Corner of Section 29, Township 45 South, Range 43 East, City' of Boynton Beach, Palm Beach County, Florida, a point on the centeriine of the 100 foot wide Right of Way of Congress Avenue, run South 0°~57'-29" East along said centerline and the West Line of said Section~ 29, a distance of 269.05 feet to its intersection with the centerline of the 106 feet to its intersection with the cen- teriine of the 106 foot wide Right of Way of State Road S-804 as same is recorded in Road Plat Book 2, Page 217 through 220 Public Records, Palm Beach County, Florida, the point of said intersection being marked by a railroad spike in the pavement; thence along the. centerline of said State Road S-804 North 87°--54-'-06" East a distance of 788.59 feet to a point on said centerline;, thence departing from said centerline on a course parallel to Congress Avenue and the West Line of said Section 29, South 0~-57'.-29'' Eas~ a distance of 53.01 feet to a paint on the southerly Right of Way Line of said State Road S-804,~ the Northwest corner and Point of Beginning of the herein described parcel of land; thence along siad souther!~ Right of Way Line and the Northerly line of the~ herein des-. cribed parcel of land North 87~-54'-06'' East a d~stance of 1083.20 feet to its intersection with the westerly line of the 150 'foot wide Right of Way .of the Lake Worth Drainage District Equalizing Canal E-4 and the Northeasterly corner of said parcel of land;-thence along said westerly line of sai~ Canal E-4' and the Easterly line of said parcel of land, South 2"--05'-54'' East a distance of 1045.27 feet to an angle point in the boundary; thence continuing along said boundary; South 18·~-38'-22'' East a distance of 154.60 feet to the intersection of the Westerly line of said Canal ' E-4 ~and the Westerly prolongation of the Northerly line of the sixty foot Righ~ of Way of Ocean Drive as same ~appears 6 -~ on the Plat of First Section palm Beach Leisureville as same is recorded in Plat Book 28, Pages 196, 197 & 198, Public Records Palm Beach County., Florida, the point of said intersec- -- tion being the southeasterly~ corner of the herein described parcel of land; thence along said· westerly prolongation of the Northerly line of the 60 ·foot wide R~ight of Way of Ocean Drive , and the. ·southerly line of said parcel of land, South 870-54'-06" West, a distance .of 1151.03 feet to the south- westerly corner of said parcel of land; thence North 0°-57'-29'' WeSt along the Westerly line of said parcel of land a distance of i193.70 feet .to the Point ~of B.eginning, .containing ~ · Aores of Land," more or less, and being subject to any and all' Easements and/or R~ights of Way of' record. Request: FPom R-1AA to R-3A - For the construction ~f two story multiple family residential dwellings consisting of apartments with appro×imately 16 units each. Parcel G: A parcel of land in Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County,, Florida, more particularly described as follows: FROM THE Southwesterly' c6rner of Parcel "R" as same appears on the Plat of First Section Palm Beach Leisurevilleo recorded in Plat Book 28, Page? 196, 197 and 198, Public Records, Palm Beach County, Florida, run South 18° 39' 22" East (for convenience, the West line of Section 29, Township 45 South, Range 43 East, Palm Beach County,. Florida is assumed to.bear North 0° 57' 29" West and ail bearings recited herein are relative thereto) along the Easterly line of the 150 foot wide Right of Way of Lake Worth Drainage Dis- trict's Equalizing Canal E-4 a distance of' 31.30 feet to its intersection with the centerline of the 60 foot wide Right-of-Way of Ocean Drive as same appears on the above Plat; thence South 87° 54' 06" West along the Westerly. prolonga- tion of said centerline, a distance of 543.79 feet to a point; thence South 2° 05' 54" East, a distance of 50.00 .feet to the Northeasterly corner and the Point of Beginning of the herein described parcel of land; thence with the boundary of said parcel South 2° 05' 54" East a distance of 124 feet to the South- easterly corner of said parcel; thence South 87° 54' 06" West, along the Southerly' line of said parcel, a distance of 850. O0 feet to the South,westerly corner- of said - . parcel; thence North'2° 05' 54" East, along the Westerly line of said parcel, a distance of 124 feet to the Northwesterly corner of said parcel; thence North 87° 54' 06" East, along the Northerly line of said parcel, a distance of 850.00 feet to the Point of Beginnin. g; .. CONTAINING 2. 412 Acres .of Land, more or !ess, and being '~ubject ~o any and all easements and/or Right. s-of-Way of record. Request: From R-1AA to R-3A - For the construction of ~wo sto~y multiple family ~,esidential dwellings cons is ~cing of apartmen~cs with approximately 16 units each. Applicant: Catdos Properties, Inc. (Palm Beach Leisureville) Parcels A thru G