LEGAL APPROVAL
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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
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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
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,
.; 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
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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
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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
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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
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Ii conflict herewith are hereby repealed.
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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
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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.
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SECOND, FINAL READING and PASSAGE this
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day of
! ATTEST:
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(Corporate Seal)
CarriageGate
LandUse.Ord
5/4/95
LOCATION MAP
peNH 00-43-45-19-16-000-0000
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CARRIAGI GATI CONDOMINIUM
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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
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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
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!, 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
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~~~~ , 1995.
, 1995.
~ day of
CITY <?l BO'iN:O,N.B~FLORIDA
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M~yor '~ .~ /f
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Vice Mayor . ;.;r
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Ci y Clerk
(Corporate Seal)
CarriageGate.Ann
5/4/95
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~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,
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II blackouts, f ~re, earthquakes, other casual ties or other circumstances
beyond the C1.ty's reasonable control.
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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.
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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
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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.
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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
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this
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l'cy~c9 c(-r-. .
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As to CUstaner CJ
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: I FOR INDIVIDUAL(S) NaroRIZATION:
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COUN'lY OF d~ J3 # . '--~)
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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:!.
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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 ~.
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(NOtary" s~~ )
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My Commission Expires:
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NOT ~rJ r' ,., '~ j-' --; or FLO~:D.(
MY C'::',,'.', 0 ~.:., i~~3I,t\R 15 1937
BONDED Tii:,~ (L. =: L I: ~SlJR",':CE UNO
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11/21/85
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i i STATE OF FLORIDA
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, : COUNI'Y OF PAf~\1. BEACH
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I! ,WITNESS my hand and official seal in
,I, sq~.d ,this 9th day of October
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CITY OF BOYNroN BEACH, FL
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Mayor
ATI'EST:
(Corp. Seal)
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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 .
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i I Approved as tc form:
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No Public
My Camrrdssion Expires:
Notary Public, State of Rorida
Mv Commission Expires !;:;L 2, 1989
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DES C RIP T ION
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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__..., ,.. _ ____._.___......._ ,. -.---- ~"'.
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REcanD VERIFIED
PALM l:!EACH COUNTY FlA
JOHN B. DUNKLE
CLERK CIRcun COUAT
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~GREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
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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
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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':
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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
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: the parties to be bound thereby.
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I IN WITNESS WHEREOF the parties hereto have executed this
! Agreement the day and year first written.
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INDIVIDUAL(S) AS OWNER(S):
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?OR INDIVIDUAL(S) NOTORIZATION:
3TATE OF Florida )
'::OUNTY OF Palm Beach )
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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.
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WITNESS my hand and official
last aforesaid this /~ ~1:1ay of .;.'
My Commission Expires:
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CITY OF BOYNTON BEACH, FLORIDA
STATE OF FLORIDA
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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.
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WITNESS my hand and official seal in the County and S~ate last
aforesaid this ~ day of October , 198~.'
(Notary Seal)
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: Legal De '3cription Approved:
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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.
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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.
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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 -