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LEGAL APPROVAL i " ORDINANCE NO. 095-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE CARRIAGE GATE CONDOMINIUM PROPERTY (9.742 ACRES OF PROPERTY ON THE SOUTH SIDE OF OLD BOYNTON ROAD, OPPOSITE NICKELS BOULEVARD) AMENDING ORDINANCE 91- 70 OF SAID CITY BY REZONING CERTAIN TRACTS OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RM-SE MULTI-FAMILY RESIDENTIAL MEDIUM DENSITY WITH SPECIAL EXCEPTION (COUNTY) TO R-3 MULTI-FAMILY RESIDENTIAL (CITY); AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, 1n which a Revised Zoning Map was adopted for said City; and WHEREAS, the City Commission of the City of Boynton ! Beach, Florida, in accordance with its Annexation Program, is simultaneously herewith adopting an Ordinance annexing certain il tracts of land; and WHEREAS, the City of Boynton Beach, in connection with aforesaid Annexation Program, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning certain tracts of land consisting of 9. 742 acres " , .; located adjacent to the municipal limits of said City 1 said land being more particularly described hereinafter, from RM-SE i Multi-Family Residential Medium Density with Special Exception (County) TO R-3 Multi-Family Residential (City), which requests that the 9.742 tracts be removed from the boundaries of the RM zone to allow for the processing of the rezoning application; WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the I aforesaid Revised zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located 1n the ORDINANCE NO. 095-/8 I I I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE CARRIAGE GATE CONDOMINIUM PROPERTY ( 9 . 7 ACRES OF PROPERTY ON THE SOUTH SIDE OF OLD BOYNTON ROAD, OPPOSITE NICKELS BOULEVARD) AMENDING ORDINANCE 89- 38 OF SAID CITY BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM RESIDENTIAL 8 (COUNTY) TO HIGH DENSITY RESIDENTIAL (CITY); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. i WHEREAS, the City Commission of the City of Boynton :1 i! Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, certain tracts of land more particularly described hereinafter are being annexed by the City in accordance with the application completed by the City for the i owner of the following property, pursuant to the Annexation I I ! I II I' I Program, by Ordinance being adopted simultaneously herewith; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of 'i said City to amend the aforesaid Element of the Comprehensive :i Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as High Density Residential. Said land is more particularly described as follows: Tracts 55 and 56, subdivision of Section 19, Township 45 south, range 43 east, according to the plat thereof on file in the office of the Clerk of the Circuit Court, in and for Palm Beach County, Florida, ~n Plat Book 7, Page 19, together with any and all of Block 16, West Boynton Subdivision No. 2-C, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 15, page 14, lying between the southerly right-of- way of Old Boynton Road, as now laid out and in use, the northerly extension of the west line of said Tract 56 and the northerly extension of the east line of said tract 55, subdivision of section 19, township 45 south, range 43 east. Less, however, the northerly 7.00 feet thereof, for the ultimate right-of-way of Old Boynton Road. Containing 9.742 acres more or less. Subject to easements, restrictions, reservations and rights-of-way of record. Section 2: That any maps adopted in accordance with the Future Land Use Element of said Comprehensive Plan shall be amended accordingly. Section 3: All ordinances or parts of ordinances in > Ii conflict herewith are hereby repealed. Ii ,> '! Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: The effective date of this Ordinance shall be the date a final order ~s 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 i final order is issued by the Administration Commission finding I this amendment to be in compliance in accordance with Chapter 163.3184, F.S. The 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 /6 day of #/I~ , 1995. :1 ii' !I :/ I SECOND, FINAL READING and PASSAGE this ~ ~~G: , 1995. ~ day of ! ATTEST: : ~~;,;~~.",,~. (Corporate Seal) CarriageGate LandUse.Ord 5/4/95 LOCATION MAP peNH 00-43-45-19-16-000-0000 I~------ :.,1 ~I ~ .1\ ~. 1(' ~\ .1 I ,- " \ \ I; : J I l..U1 I , ....,. : : ~ : :'~I - ~, AG 'C , 11 -+ ~ (j) clb "-,,, ~- CARRIAGI GATI CONDOMINIUM o I SQO' s- ORDINANCE NO. 095-/~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE CARRIAGE GATE CONDOMINIUM PROPERTY ( 9 . 7 ACRES OF PROPERTY ON THE SOUTH SIDE OF OLD BOYNTON ROAD, OPPOSITE NICKELS BOULEVARD) ANNEXING CERTAIN UNINCORPORATED TRACTS OF LAND THAT ARE CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 1 71 . 044, AND 171.062(2), FLORIDA STATUTES; PROVIDING 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, CODIFICATION 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. WHEREAS, the Comprehensive Plan for the City of Boynton I ,! Beach requires the development of an Annexation Program; WHEREAS, the City of Boynton Beach, through the Annexation Program, has identified adjacent properties that I are the subjects of agreements for water service with the ! City; WHEREAS, said agreements for water service are also considered voluntary petitions for annexation pursuant to Florida Statutes, which can be executed by the City of Boynton Beach at any time such properties are eligible for annexation according to Florida Statutes; WHEREAS, the City of Boynton Beach hereby exercises its I option to annex the following tracts of land as hereinafter described, in accordance with Article I, Section 7 (32) of the Charter of the City and Section 171. 044, and 171. 062 (2) Florida Statutes: and WHEREAS, said tracts of land lying and being within Palm Beach County are 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Pursuant to Article I, Section 7 (32) of the Charter of the City of Boynton Beach, Florida and Section 171.044, Florida Statutes, the following described unincorporated and contiguous tracts of land situated and I " !, this Ordinance. Section 9: This Ordinance, after adoption, shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida. FIRST READING this /6 day of #//9~ SECOND, FINAL READING and PASSAGE this --- ~~~~ , 1995. , 1995. ~ day of CITY <?l BO'iN:O,N.B~FLORIDA ,_/~~.:-.~L:(! ' ( / ,'; ~ / - M~yor '~ .~ /f .~ . i 1 //,--- .4) \ -~,''' . ;"\ ...==- '\ ~. ~/ . /'-.'" . Vice Mayor . ;.;r ~ I. -" &-r 4~--~ kayq . P"ro Tam',-~, , . I ATTEST: ~:~/V.,.~ ~"4/_ Ci y Clerk (Corporate Seal) CarriageGate.Ann 5/4/95 I i 'I co -f co o a- N ..!J CO -# C"") .. - ~ - fl') - g I 11' (p 0 .a CJ r1j (!) (:Q s:: o -l-l s:: >t o (:Q 4-1 o :>1 -l-l .~ U (!) ..c -l-l >t .0 '0 (!) H rtl 0.. (!) H p.. .D f'Il LI1 C) G- oo U"I 0 Ln Q:J ~'.. ~ ~ ~ ..".:. <"J ',. = ,:) ~l '".:) '\ ..-r; ;::: .:.> 0 ..~,~ w- . ,-:; c- - ~ ~- :::.) 0 ~ ': ~-- ":~' ~ ~ . -- ---' ~ ".. ,.. ~ ..-.J.o -: ,_: C ...... J., _,-: .... -"' :::--. , .::C- ~ - -"> .l._ Xl , ~l' FGR :v::\ TER SERVICE OUTSIDE ...dE CITY' LIMITS This agreement, rrade on -e,J/ , 19 YG, by and between J n . , hereinafter called the "CUst r", and C ty of ton Beach, a municipal cor- poration of the State of Florida, hereinafter called the "CITY'''. WITNESSETH, that the CUstomer, his heirs and assigns, for and in con- sideration of the privilege of receiving water service from the Municipal Water System agrees to the following: I. The City agrees to provide Customer with water services from its Municipal Water System only as necessary to service the project described in the Application for Water Service su1:mi. tted by CUstomer. The Customer has specified that there will be 125 Equivalent Residential Connections and the City hereby agrees to serve those Equivalent Residential Connections. 2. The CUstomer agrees to pay all costs of engineering, rraterial, labor, installation and inspection of the facilities as required by the Ci ty Code to provide service to the Customer's premises. The CUstom?r shall be responsible for installation and conformance with all applicable codes, rules and regulations of all service lines upon the CUstomer's prem- ises and all such lines shall first be approved by the Director of utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the necessary work or the City rray have the work performed in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the CUstomer will also advance such additional funds as rray be necessary to pay the total actual costs. 3. Any main extension rrade under the Agreem:!nt shall be used only for the Customer, unless permission is granted by the City of Boynton Beach for other party or parties to connect pursuant to the Code of Boynton Beach . 4. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to CUstomer shall be vested in the City exclusively. 5. The CUstomer agrees to pay all charges, deposi ts, and rates for service and equiprent in connectlon with \-later service outside the City limits applicable under City Ordinances ar1 rate schedules which are now applicable or as may be changed from time 1'.:0 time. 6. Any rights-of-way or easements in this area shall be provided by the CUstomer. 7 . It is unders:,:xxl by the Customer, and shall be binding upon the Customer, his transferees, grantees, heirs, successors and assigns, that all water to be furnished, supplied, and sold under this Agreement is rrade available from surplus. If the surplus does not exist at the time of CUstomer's actual r-equest for ccmnencement of service, as determined by the Ci ty' s Director of utili ties, then this CITY', without liabili ty, may refuse to initiate service to the subject premises. 8. The CUstomer further agrees in considt'ration of the privilege of receiving water service from said City, that the execution of this Agreem:!nt is considered to be a voluntary Petition for Annexation pursuant to Section 171.044 of the Florida Statutes or any successor or amendment thereto. FurtherIIOre, should any other general law, special act, or local law be enacted which provides for voluntary or consensual annexation, this Agreem:!nt shall also be considered a petitionary request for annexation under such other laws. The premises shall be subject to annexation at the option of the City at any time they are eligible under anyone or more of the above referenced laws concerning annexation. Customer will inform any and all purchasers of any or part of this property of this voluntary petition for annexation and its applicabilities to such purchasers. 9. The CUstomer acknowledges that this covenant for annexation is intended to be and is hereby rrade a covenant running with the land described in "Exhibit A", attached hereto and made a part hereof. This Agreem:!nt is to be recorded in the Public Records of Palm Beach County, Florida, and the Custom?r and all subsequent transferees, grantees, heirs or assigns of CUstomer shall be bound by this Annexation Agreement. 11/21/85 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or te~nation in water service to be pro- vided under this Agreement due to any prohibitions, restrictions, limita- I tions or requirements of local, regional, State or Federal agencies or I other agencies having jurisdiction over such matters. Also the City shall I have no liability in the event there is a reduction, impairment or term- :1 ination of water service due to acts of God, accidents, strikes, bovcotts, : I .~ II blackouts, f ~re, earthquakes, other casual ties or other circumstances beyond the C1.ty's reasonable control. I d I, I II. The CUstcmer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of City Council, ! Officers, enployees and agents (both in their individual and official capac- I ities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgement collection) and costs rising out of or ! resulting from the CUstomer's obligation under or performance pursuant to this Agreement 12. It is understood by CUstomer and by the City that the attached site plan "Exhibit B" has been reviewed by the City of Boynton Beach, found to be generally acceptable to the City and is to be the guide for develop- 't ment of this subject land. In the event that the site plan is not approved , I there shall be no ccmni. tment on the part of the City to serve CUstomer. i: i I Any service by the City shall be only as delineated and contemplated by the I I site plan. In the event that the premises are used for a purpose other i I: than that which is delineated in either the site plan or the application II for Water Service, the City is under no ccmni.tment to serve the project. il 13. No prior or present agreements or representations shall be bind- ing on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in wr i ting executed by the parties to be bound thereby. IN WITNESS WHEREOF, the parties hereto have set their hands and seals ~-y of 198 I ..ICl _ , P. this il I. i ! WITNESS: l'cy~c9 c(-r-. . <~A(/U~' ~ As to CUstaner CJ j) I.( tv, r .,.,V, ,:I s E ~"C ,. I r<N"'~"- llV {(>",.,"""" ...u : I FOR INDIVIDUAL(S) NaroRIZATION: I i! STATE OF tf ~ ) COUN'lY OF d~ J3 # . '--~) r- ,.., Ln C) A- 00' Ul o Lon c:D I HEREBY CERTIFY that on this day, before me, an officer duly authorized in t~e State aforesaid and in the County aforesaid to take acknowledgements, perso:3.ll"{ appeared €t.t8<NC. I,u. Ml.I."~""'(. ~ IfN,? I I. crt" e. \)1.(1\15 rd fV , to me known to be the person~ described in I I and who executed the for~c ~ng instrument and -t..h-.4...., acknowledged before me I i that T J./ ~ v ~ecut. .~~1e Sam:!. :1 WITNESS my hand and official seal in the County and State last afore- !: said this I ;)-C.~ day of .;;;a..f>4- L>N"l OCL..- , 198 ~. ,~,-'._ j 1 ,; , 'w.~~~;~ otary IC (NOtary" s~~ ) .&l......~...._ ./..'U.'- - , I ~ ;, My Commission Expires: :". '. ... . NOT ~rJ r' ,., '~ j-' --; or FLO~:D.( MY C'::',,'.', 0 ~.:., i~~3I,t\R 15 1937 BONDED Tii:,~ (L. =: L I: ~SlJR",':CE UNO I,., .: , ~ ' 11/21/85 00 ..., Ltl C) L 00 U"t C LIl C%) I ! : I WITNESS: 'I !: As i " ,I ;1 i i STATE OF FLORIDA , I , I 'I , : COUNI'Y OF PAf~\1. BEACH i' ,I ,I :1 il II ,I !I !I II I! ,WITNESS my hand and official seal in ,I, sq~.d ,this 9th day of October j'l- . '.......' '. "f ... _ . : f ~ .': /.!' ........:: \.]' ~~..~l) I .............~,,~ : r ". ," '\: . CITY OF BOYNroN BEACH, FL fl::l (J~ Mayor ATI'EST: (Corp. Seal) . . . . '. ~ I ". .,' .' , . ~. I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared Nick Cassandra , Mayor and Betty S. Boroni , City Clerk well known to me to be the Mayor and City Clerk respectively of the City named in the foregoing agreement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal of said City. the County and State last afore- 19S6 . I I i I Approved as tc form: I I I I I tyZ:;~ ! I Ci ty Engineer " j I ! I I, i I i . ,. I. . . :J3r1--- 'r~ City Attornt2Y i I i I : I I, ! I , ! J~<2/lU7U .~~.ijJJ'__ No Public My Camrrdssion Expires: Notary Public, State of Rorida Mv Commission Expires !;:;L 2, 1989 ~r.~ej Or' Ame/lean hi... .... ';:"~"dll'f C'')~P.3I'lV ---. 1 )/21/85 , _ -El h i bit "A" . ' DES C RIP T ION "", TRACTS 55 AND 56, SUBDIVISION OF SECTION 191 TOWNSHIP 45 SOUTH 1 RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF Ol~ FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURTdU AND FOR PALM BE,~CH COUNTY1 'FLORIDA, IN PLAT BOOK 7, PAG~ 191 -TOGETHER WITH ANY AND ALL OF BLOCK 161 "WEST BOYNTOI~I SUBDIVISION NO. 2-C, ACCORDING TO THE PLAT THEREOF Ol~ . - FlUE IN THE OFFICE OF THE CLE~K Ofi THE CIRCUIT COURT IN AND FOR PALM BEACH. COUNlYl FLoaIDA, RECORDED I~ PLAT BOOK 151 PAGE 14, LYIHG BETWEEN THE SOUTIIERLY RIGHT-OF-\~AY OF OLD BOYNTON ROAD, AS NOH LAID OUT AND IN USE, THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID TRACT,56 AND THE .IJORTUERLY EXTEI~SION OF THE EAST Lli~E OF SAID TRACT 55, SUBDIVISION OF SECTlOI~ 19, TOWNSHIP 45 SOUTH1 RANGE 43 EAST. . LESS HOWEVER,' THE NORTHERLY 7 :00 FEE];.,THEREOF I.-'FOR tHE ULTll1ATE RIGHT -OF-WAY OF OLD BOYNTON' ROAD. " CONTAINING 9.742 ACRES MORE OR LES~: I :" SUBJECT TO EASEMENTS, RESTRICTIONS; RESERVATIONS AND LRIGHTS-OF-WAY OF RECORD. ,u__..., ,.. _ ____._.___......._ ,. -.---- ~"'. .. " cr ,." Ul o A- 00 Ln o U'l CD ." REcanD VERIFIED PALM l:!EACH COUNTY FlA JOHN B. DUNKLE CLERK CIRcun COUAT '''"l .--:-..... ;J; :i~ .1 '-' " ' . ? " <:1. ./ " ~~~:' - ;....... ~ ~ I , ~ 1 'j L t>. .) .r:: \' . I u ; rU I (l) I o:l I s:: I 0 I +J s:: I ~ >t I C' 0 Ql o:l , F .. i r- ~ 4-1 .' 0 I 'I .0 I j :' '0 :>1 c (!J +J I ,... l-I .~ ro CJ I Ul 0. .-l (!J (l) .c l-I .r:: I ~ ~ 8 I II 'I " v: :1 U) !I c I, ,I <<= '] .... , I! - ;1 <<:>> :1 Cl I, I ... :1 CI:) , I 'I :1 I! I '" ~.... " ,. ... ," , ~GREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS ) -cL / ,'ff- /' I ~. This agreement, made on this ~ day of - iC.~'--h~C~--- 19 f~ by a nd between George Zopfie and Jeanette Zopfie, his wife I hereinafter called the CUSTOMER, and the CITY OF BOYNTON BEACH, a I municipal corporation of the State of Florida, hereinafter called I :1 the CITY. i' I II Ii .,... u: , c...: ~ .... WITNESSETH, that the CUSTOMER, his heirs and assigns, for and r in consideration of the privilege of receiving water service =rom a :, the Municipal Water System agrees to the following: iI': CI; u I. The CUSTOMER agrees to pay all costs of engineering, materials, labor, installation, and inspection of the facilities - I 38 required by the City Code to provide service to the CUSTOMER'S I premises. The CUSTCMER shall be responsible for installa~ion and conformance with all applicable codes, rules and regulations of all service lines upon the CUSTOMER' S premise~, and all such lines ~ shall first be approved by the Director of Utilities and subject ~ to inspection by the City Engineers. The CITY shall have the ru option of either requiring the CUSTOMER to perform the necessary ru work or the CITY may have such work performed in which case the :~ CUSTOMER will pay in advance all estimated costs thereof. In the ~ event the CITY has such work performed, the CUSTOMER will also ~ advance such additional funds as may be necessary to pay the total ~ actual costs. 2. Any main extension made under this Agreement shall be used only by the CUSTOMER, unless permission is granted by the City of Boynton Beach for other party or parties to so connect pursuant to the Code of the City of Boynton Beach. 3. Title to all mains, extensions and other facilities ex- tending from the City water distribution system to and including the meter to service the CUSTOMER shall be vested to the CITY exclusively. 4. The CUSTOMER agrees to pay all charges, deposits, and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are now applicable or as may be changed from time to time. 5. Any rights-of-way or easements necessary shall be provid- ed by the CUSTOMER. 6. It is understood by the CUSTOMER, and shall be binding upon the CUSTOMER, his transferees, grantees, heirs, successors and assigns, that all water to be furnished, supplied, and sold under this Agreement is made available from a surplus. If a surplus does not exist at the time of CUSTOMER'S actual request for commencement of service, as determined by the City's Director of Utilities, then the CITY without liability may refuse to initiate service to the subject premises. 7. The CUSTOMER further agrees in consideration of the privilege of receiving water service from said CITY, that the execution of this Agreement is considered a voluntary Petition for annexation pursuant to Section 171.044 of the Florida Statutes or any successor or amendment thereto. Furthermore, should any other general law, special act, or local law be enacted which provides for voluntary or consensual anpexation this A0reement shall also be considered a Petition and request for annexation under such other laws. The premises shall be subject to annexation at the option of the CI1Y at any time they Qre eligible under anyone or more of l:he above referenced laWS concerning annexation. (1) The CUSTOMER acknowledges that this covenant for annexa- II :ion is intended to be and is hereby made a covenant running with jll:.he land described in II Exhibi t A", attached hereto and made a part :1, ~ereof. This Agreement is to be recorded in the public records of . ?alm Beach County, Florida, and the CUSTOMER and all subsequent !i :ransferees, grantees, heirs or assigns of CUSTOMER shall be bound JY this annexation Agreement. 8. It is agreed that the City shall have no liability in the ~vent there is a reduction, impairment or termination in water 3ervice to be provided under this Agreement due to any prohibitionH, ~estrictions, limitations or requirements of local, regional, State ~r Federal agencies or other agencies having jurisdiction over 3uch matters. Also the City shall have no liability in the event I :he:r'c is a reduction, impairment or termination of watE:!r service iue to acts of God, accidents, strikes, boycotts, blackouts, fire, ~arthquakes, other causualties or other circumstances beyond the ~ity's reasonable control. ,j 9. The CUSTOMER hereby agrees to indemnify, defend and hold ' i :-iarmless the City of Boynton Beach, Florida, its Mayor, Members of: :ity Council, Officers, employees and agents (both in their in- dividual and official capacities) from and against all claims, damages, law suits and expenses, including reasonable attorneys' · i fees (whether or not incurred on appeal or in connection with post judgment collection) and costs arising out of or resulting from tho ~USTOMER'S obligations under or performance pursuant to this Agree. 'lent. . 10. No prior or present agreements or representations shall 'i oe binding upon any of the parties hereto unless incorpor3ted in .1 this Agreement. No modification or change in this Agreement shall be va] id or binding upon the parties :mless in writing executed by " : the parties to be bound thereby. il I IN WITNESS WHEREOF the parties hereto have executed this ! Agreement the day and year first written. I 1 .-, ~ . ' "" ", '--0=-'5- -'...... .,/ _. . _c:. -.;_<:--<-_;"'" ~~ _;._ ~ /',,; ~ <:: ~.-, 'NITNfSS: INDIVIDUAL(S) AS OWNER(S): ,/l ~J"1^< :y-,.. J> '-" c'u-f{6mer-XC ({~ \ :) , , ?OR INDIVIDUAL(S) NOTORIZATION: 3TATE OF Florida ) '::OUNTY OF Palm Beach ) (.0 c.o Q C 6.. I HEREBY CERTIFY that on this day, before me, an officer duly 3uthorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared ~eorge Zopfie and Jeanette 7.npfip. hi ~ wi fp , to me known to be the person~ iescribed in and who executed the foregoing instrument and they lcknowledged before me that they executed the same. co C ..::r G:) (Notary Seal) ~n t~e County and State 4-~ 19aJ. /L--/ ) - , ,~-.i.._..-......., .. ( WITNESS my hand and official last aforesaid this /~ ~1:1ay of .;.' My Commission Expires: (2) 1?:arv p:JlJn~. e-tatCJ oj Floodll al.itt'lJe .. ',.....- . - 1- " ,", '", -', ".-, I ,. - , /-", .:... ..,.,",,' '''' " .~ '_'," ,..:..,.,~ . ,_;.... (7(.) ,.( .. \ .l(".,-:~.~ 1",'~t(l..:\IJ'J. ";;h:, ~an G " i II 'I I i I WITNESS: I il 4~J4X. ~hH-' :; A~~Ynton Beach I i II 'I , CITY OF BOYNTON BEACH, FLORIDA STATE OF FLORIDA ~ /- . "'-',.-... ,,"'7 " __I By. '-,' ~h'd], vr-/ _ --- ~/ - " , ~r ATTEST, ~.tf j~ ." ::-: ~ y en : :~:; '~ ' ~~ :-, , ~,{ Co~p. ' sea~l ,~ .-:",-' <.l ~ . ,.," COUNTY OF PAJM BEACH I I HEREBY CERTIFY that on this day, before me an officer duly i authorized in the State aforesaid and in the County aforesaid to I take acknowledgements, personally appeared James W. Warnke , , Ma yor and Bettv Boroni , Ci t Y Cl erk I well known to me to be the Mayor and City Clerk ' respectively of the City named in the foregoing agreement and ! that they severally acknowledged executing the same in the I presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal II affixed thereto is the true corporate seal of said City. II II L I I I I , I I WITNESS my hand and official seal in the County and S~ate last aforesaid this ~ day of October , 198~.' (Notary Seal) &:~ .h.,. , ~: ". ..- /' Not:ary Pu '" "~',_, _ ,", .,.:'" , , My Commission Expi~~~t," II...... t-tG~,,:.!\l i;;~'t(. <~;~-: -: ~..:..1~ Approved as to form: ~AV c."~".; , : ~ ':'"".., " ,', .: . '; ~ " '.;()1.:..': "", ~r:L-- /' --z-- ----r City Attorney : Legal De '3cription Approved: !I- \/ ~ {f( teL- l, City Engineer ,I I' I i 11 I' ...... tI:l c::> C I 0.. " i( I - ,j C> c::> 'I I .. I en I II il (3 ) e EXHIBIT A TRACI'S 55 At'ID 56, SUBDIVISIOO OF SErI'IOO 19, 'KWNSHIP 45 SOUIH, RANGE 43 EAST, ACCORDING TO THE PIAT '!HEREOF ON FILE IN '!HE OFFICE OF '!HE CLERK OF THE CIRCUIT CDURI' IN AND FOR PAIM BEAOi COUNI'Y, FLORIDA, IN PIAT BOOK 7, PAGE 19, 'lDGETHER ~\1I'IH ANY AND ALL OF BLCX::K 16, WEST BOYNroN, SUBDIVISIOO NO. 2-C, ACCORDING TO THE PIAT 'lHERIDF ON FILE IN THE OFFICE OF THE CLERK OF '!HE CIRCUIT COliRI' IN AND FOR PAIM BEAClI COUNTY, FLORIDA, RECORDED IN PIAT BOOK 15, PAGE 14, LYING BEIWEEN THE SOUl'HERLY RIGHT - OF- WAY OF OID BOYN'I'CN ROi\D, PS N<l'l IAID our AND IN USE, :::~.2.: 'IHE NORI'HERLY EXTENSION OF THE WEST LINE OF SAID TRACT 56 AND THE NJRl'HERLY EXl'ENSION OF THE EASE LINE OF SAID TRACI' 55, SUBDIVISION OF SEx:::TIOO 19,'lQ'lNSHIP 45 SOUIH, RANGE 43 FAST. CONI'AINING: 9.845 ACRES IDRE OR LESS. SUBJECI' TO EASEMENl'S, RESI'RICTIONS, RESERVATIOOS AND RIGHTS-oF-WAY OF RECORD. co CD C) C CL G:) C ..,. eD RECORD VERIFIED PALM BEACH COUNTY. FLA JOHN B. OUNKlE CLERK CIRCUIT COURT NOT I E 0 F Z 0 N I N G CAN G E C I T Y 0 F BOY N TON B E A C H PUB L I C H EAR I N G S In connection with the City1s Annexation Program, the city of Boynton Beach proposes to annex, amend the land use plan for, and rezone the property indicated on the map below. A public hearing on these proposals will be held before the Planning and Development Board on January 10, 1995, at 7:00 P.M. at city Hall in the Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, Florida. A public hearing will also be held before the City Commission on January 17, 1995 at 7:00 P.M. or as soon thereafter as the agenda permits, at City Hall in the Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, Florida. , l J Ii , :: lU l ,il..> I 'I~ I "1lI : :I~ _I .iJ~! ~ ~31 I 'I I I ! I' : I I I . ..--: , II) \I) IlJI C( \!) ~ <:) \j O&-.D f22Y.P rOAJ ~_~ I ::.. ~ 1 ..l :; 1 fl;: fL-JLJ : ~ ;::...---::,~" \- 1 ~ AG I I -+ ~ (j) ~r 1/"9'1 i~ APPLICATION #3 - CARRIAGE GATE CONDOMINIUM OWNER: PROPOSED: LOCATION: All owners of Carriage Gate Condo. No change to existing residential development. 9.7 acres of property on the south side of Old Boynton Road, opposite Nickels Boulevard. Complete legal description on file in the Planning Department, 100 East Boynton Beach Boulevard, Boynton Beach, Florida. LEGAL DESCRIPTION: APPLICATION FOR: ANNEXATION INTO CITY APPLICATION FOR: AMENDING COMPREHENSIVE PLAN FUTURE LAND USE HAP From - Residential 8 (County) To - High Density Residential (City) APPLICATION FOR: REZONING OF PROPERTY From - RM-SE Multi-Family Residential Medium Density with Special Exception (County) To - R-3 Multi-Family Residential (City) ALL INTERESTED PARTIES ARE NOTIFIED TO APPEAR AT SAID HEARINGS IN PERSON OR BY ATTORNEY AND BE HEARD. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND ZONING BOARD OR CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE MEETINGS WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. PLEASE CALL (407) 375-6260 FOR ANY QUESTIONS REGARDING THE ABOVE MATTERS. SUZANNE M. KRUSE CITY CLERK A:P2G2GAT]!:.AO MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 the vote. The vote was unanimous. 4. Proposed Ordinance No. 09514- Re: Annexation - Lawrence Oaks - Oriole I nc. Property 5. Proposed Ordinance No. 095.15 Re: Land Use Element - Lawrence Oaks- Oriole Inc. Property 6. Proposed Ordinance No. 095-16 Re: Rezoning - Lawrence Oaks - Oriole Inc., Property Attorney Cherof read Proposed Ordinances Nos. 095-14, 095-15 and 095-16 by title only. Motion Vice Mayor Bradley moved to approve Proposed Ordinances Nos. 095-14, 095-15, and 095-16 on first reading. Commissioner Rosen seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. L j) !+ R. __ q:J -O! 0 7. Proposed Ordinance No. 095-17 Condominium Property Proposed Ordinance No. 095-18 Condominium Property Proposed Ordinance No. 095-19 Condominium Property Re: Annexation - Carriage Gate 8. Re: land Use Element - Carriage Gate 9. Re: Rezoning - Carriage Gate Attorney Cherof read Proposed Ordinances Nos. 095-17, 095-18 and 095-19 by title only. Motion Mayor Pro Tern Matson moved to approve Proposed Ordinances Nos. 095-17, 095-18, and 095- 19 on first reading. Vice Mayor Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: 1. Proposed Resolution No. R95-65 Re: Authorize execution of agreement between the City of Boynton Beach and Howard Scharlin, Trustee for Woolbright Place, Joint Venture (Tradewinds) ............................... TABLED Motion Mayor Pro Tem Matson moved to take C-1 off the table. Vice Mayor Bradley seconded the motion 37 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 the vote. The vote was unanimous. 4. Proposed Ordinance No. 09514- Re: Annexation - Lawrence Oaks - Oriole I nc. Property 5. Proposed Ordinance No. 095-15 Re: Land Use Element -Lawrence Oaks- Oriole Inc. Property 6. Proposed Ordinance No. 095-16 Re: Rezoning - Lawrence Oaks - Oriole Inc., Property Attorney Cherof read Proposed Ordinances Nos. 095-14, 095-15 and 095-16 by title only. Motion Vice Mayor Bradley moved to approve Proposed Ordinances Nos. 095-14, 095-15, and 095-16 on first reading. Commissioner Rosen seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. L t/AfCc/ 1'tf- Or 0 7. Proposed Ordinance No. 095-17 Re: Condominium Property Proposed Ordinance No. 095-18 Re: Condominium Property Proposed Ordinance No. 095-19 Re: Condominium Property Annexation - Carriage Gate 8. Landfse Element - Carriage Gate ~eZOning - Carriage Gate 9. Attorney Cherof read Proposed Ordinances Nos. 095-17, 095-18 and 095-19 by title only. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinances Nos. 095-17, 095-18, and 095- 19 on first reading. Vice Mayor Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: 1 . Proposed Resolution No. R95-65 Re: Authorize execution of agreement between the City of Boynton Beach and Howard Scharlin, Trustee for Woolbright Place, Joint Venture {Tradewinds} ............................... TABLED Motion Mayor Pro Tem Matson moved to take C 1 off the table. Vice Mayor Bradley seconded the motion 37 MINUTES - CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA JANUARY 17. 1995 NO ONE WISHEn TO SPEAK IN FAVOR OF OR AGAINST THIS PROPOSED LAND USE ELEMENT AMENDMENT/REZONING. THEREFORE, MAYOR HARMENING DECLARED THE PUBLIC HEARING CLOSED. -' Commissioner Katz asked about the small piece of property on the northwest corner of Lawrence Road and Gateway Boulevard. Ms. Heyden advised that that is a fonmal drive. When Sausalito Groves came before the Commission to discuss the master plan, there was a small private dev~lopment of about 10 or 12 single family homes on half acre lots on the east side. Motion Commissioner Katz moved to transmit the proposed annexation of Royal Manor Mobile Home Park to the Department of Community Affairs. Vice Mayor Matson seconded the motion, which carried 4-0.' ~-~ r~/U . 9f?-otJJ> Annexation - Clrriage Glte Condalinhn Property owners within Carriage Gate Condominium 9.70 acres on the south side of Old Boynton Road, opposite Nickles Boulevard Description: Land Use Element Amendment/Rezoning: Request to show annexed land as High Density Residential and to re- zone from RM-SE (Multi-Family Residential, Medium Density - Special Exception) in Palm Beach County to R-3 (Multi-Family Residential) C. Project Name: Owner: Location: Ms. Heyden described the location of ' Carriage Gate Condominium. This develop- ment consists of 88 condominium units. The project is built and occupied. The units were sold between 1990 and 1993. The City's urban service providers and Public Works reviewed this proposed annexation for impact and service delivery. This project is within the servic~ area of Fire Station 3, which has superior service capability compared to the corresponding County station. No deficien- cies currently exist or are anticipated in the near future. Ms. Heyden reviewed the existing land use, the proposed land use, existing zoning, proposed zoning, and adjacent land uses. NO ONE WISHED TO SPEAK IN FAVOR OF OR AGAINST THIS PROPOSED LAND USE ELEMENT AMENDMENT/REZONING. THEREFORE, MAYOR HARMENING DECLARED THE PUBLIC HEARING CLOSED. 'Motion Vice Mayor Matson moved to forward this proposed annexation to DCA. She stated that she received a number of telephone calls from people in Carriage Gate who were in favor of this. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. - 13 - MINUTES PLANNING AND DEVElOPM~..1 BOARD MEETING BOYNTON BEACH. FLORIDA JANUARY 10. 1995 south sides of Gateway Boulevardt immediately east of the Windward PUD. This property is owned and operated by Royal Manor Mobile Homes Estatest Inc. It is not individually owned. The proposed Moderate Density Residential land use is comparable to H8 (High Residential 8) in the County. Policy 6.4.1 of the Comprehensive Plan requires that mobile homes be allowed in all zoning districts where single-family detached dwellings are permitted. The Planning and Zoning Department recommends that this application be approved based on: 1. The subject property is contiguous to the corporate limits; 2. The subject property lies within the City's Reserve Annexation Area; 3. The annexation of this property is consistent with the City's Annexation Program; and 4. The proposed land use amendment is consistent with the goalst objectives and policies of the Comprehensive Plan. CHAIRMAN LEHNERTZ ANNOUNCED THE PUBLIC HEARING; HOWEVERt THERE WAS NO ONE WHO WISHED TO SPEAK. Chairman Lehnertz felt this annexation is not appropriate at this time since there are other things the City can do. Motion Vice Chainman Dube moved to approve the request to show annexed land as Moderate Density Residential and to rezone from RS-SE (Single-Family Residential - Special Exception) in Palm Beach County to R-1 (Single-Family Residential) sub- ject to staff comments and that it is consistent with the Comprehensive Plan. Mr. Weigle seconded the motiont which carried 6-1. (Chairman Lehnertz cast the dissenting vote.) Annexation Program Application '3 Carriage Gate Condominium Property owners within Carriage Gate Condominium 9.70 acres on the south side of Old Boynton Roadt opposite Nickles Boulevard Request to show annexed land as High Density Residential and to rezone from RM-SE (Multi-Family Residential t Medium Density - Special Exception) in Palm Beach County to R-3 (Multi-Family Residential) Mr. Rumpf made the presentation. This community contains eighty-eight (88) con- dominium units. It is built and occupiedt and the majority of the units were sold between the years of 1990 and 1993. Through the Comprehensive Plant this 4. Project Name: Owner: Location: Description: - 13 - MINUTES PLANNING AND DEVELOPMr BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 10, 1995 property was eanmarked for High Density Residential. The proposed land use is appropriate because it is comparable to the County's H8 land use. The proposed zoning of R-3 is also comparable to the County's RM-SE zoning classification. Planning and Zoning Department staff recommend approval of this application based on: 1. The subject property is contiguous to the corporate limits; 2. The subject property lies within the City's Reserve Annexation Area; 3. The annexation of this property is consistent with the City's Annexation Program; and 4. The proposed land use amendment is consistent with the goals, objectives and policies of the Comprehensive Plan. CHAIRMAN LEHNERTZ ANNOUNCED THE PUBLIC HEARING. Robert Stiefel, 9769 Nickels Boulevard, had questions with regard to changes in the residents' tax structure, and residents' responsibility relative to roadway lighting, road drainage and maintenance to the lake. Mr. Rosenstock recalled attending a City Commission meeting where one of the things mentioned was the poor preparation on the part of the City in advising the residents of the benefits and disadvantages of annexation. He felt it was obvious that staff had not done its homework in this case. Ms. Heyden advised that Mr. Rumpf met with the homeowners' association presi- dent, Mr. Don Ray. Mr. Stiefel advised that Mr. Ray resigned as of November 29, and Ann Burns assumed his responsibilities as president. Ann Burns, 9770 Nickels Boulevard, advised that she had just become aware of this annexation. In response to a question from Mr. Rosenstock, Ms. Burns said the past president mentioned the possible annexation, but the residents still have questions. Mr. Ray advised the homeowners that their tax rates would rise. Mr. Rumpf explained in detail how the City taxes would be assessed. With regard to the other questions posed by Mr. Stiefel, Mr. Rumpf explained that the City would only accept the road into a public status if it meets the standards. However, he pointed out that most small projects do not meet those standards. He also explained that easements run with the land. In response to Vice Chainman Dube's question, Ms. Burns advised that the home- owners hold title to the lake and the roads. Vice Chainman Dube explained that those areas would then remain the responsibility of the homeowners. - 14 - MINUTES PLANNING AND DEVELOPMEh r BOARD MEETING BOYNTON BEACH. FLORIDA JANUARY 10. 1995 Ms. Burns expressed the oplnlon that the residents would not gain anything for the extra tax dollars. Vice Chairman Dube advised that they would be receiving City services which include Police, Fire and emergency rescue services in addi- tion to refuse collection. Mr. Rumpf advised that the Police, Fire and Rescue have evaluated the property and indicated that it exists within their service area. They can immediately take over responsibility at a higher quality than the County provides. Although sanitation rates will increase, water and sewer rates will decrease since the City is allowed to charge a premium for water and sewer to out-of-City residents. Mr. Rumpf advised Ms. Burns that the refuse collection rates could increase up to $50 more per year if the condos are con- sidered single-family residences with curbside pickup. Mr. Weigle inquired as to whether or not the City has noted a rise in property value because a property was annexed into the City. Mr. Rumpf was unable to respond since this program has not been in place long enough to be a good indi- cator. According to the County, properties are not appraised based upon juris- diction. Motion Mr. Golden moved to approve the request to show annexed land as High Density Residential and to rezone from RM-SE (Multi-family Residential, Medium Density - Special Exception) in Palm Beach County to R-3 (Multi-family Residential), sub- ject to the recommendations and findings in the staff report and that it is consistent with the Comprehensive Plan. Vice Chairman Dube seconded the motion, which carried unanimously. Annexation Program Application I. Lawrence Oaks Lawrence Oaks - Oriole Homes,-Inc. 42 acres at the northwest corner of Lawrence Road and Knollwood Road Request to show annexed land as Low Density Residential and to rezone from RS-SE (Single-Family Residential - Special Exception) in Palm Beach County to PUD (Planned Unit Development). Mr. Rumpf made the presentation. He advised that this is a County-approved project which received site plan approval in 1993. This is the remaining phase of Fox Hollow. With respect to reviewing and permitting, this would be a simi- lar situation as exists with the Windward PUD. If annexed, at that point in time, the City would be responsible for completing the necessary reviews, issuing permits and making the inspections for a project not reviewed in the City. The City is working on finding a solution to this problem. 5. Project Name: Owner: Location: Description: The proposed Low Density Residential land use is comparable to the County.s Medium Residential 5. The Planned Unit Development zoning district is proposed as it is the most comparable district to the County's PUD district, and is the only City district that will accommodate the County approval of the Lawrence Oaks site plan. Staff recommends that the property be zoned to PUD with the County-approved site plan. Staff conducted a technical review and forwarded comments. - 15 -