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LEGAL APPROVAL C IlY of BOYNTON BEACH P. 0 BOX 310 120 N.E. 2ND AVENUE BOYNTON BEACH, FLORIDA 3343:5 November 17, 1982 Mr. Robert J. Schreiber, Vice President Boynton Beach, Inc. 7620 Market St., Box 3287 Youngstown, Ohio 44512 Dear Mr. Schreiber: On Tuesday, November 16, 1982, the City Council approved on second reading Ordinances # 82-)8, 82-41, and 82-44, which provide for the Annexation, Amendment of the Land Use Element of the Comprehensive Plan, and Rezoning of the proposed Boynton Beach Mall tract located in the N.W. corner of Old Boynton Rd. and Congress Avenue, (copies of Ordinances attached). If you have any questions concerning these matters, please feel free to contact me at your convenience. Yours very truly, CITY OF BOYNTON BEACH . c;::T <-....-:t;" c~ 0'(1 Carmen S. Annunziato City Planner CSA:mpc CC: City Manager Bldg. Dept. wjplans & attmts. Eng. Dept. wjplans & attmts. Utility Dept.wjplans & attmts. Police Dept. Fire Dept. Parks & Rec. Dept. Public Works Dept. Central File wjplans & attmts. Energy Coordinator ./' ANNEXATION AGREEMENT AN AGREEMENT between Boynton-JCP Associates, Ltd. ("Applicant") and the City of Boynton Beach ("City") and effec- tive upon the date affixed next to the authorized signature of the last party to execute this Agreement. PREMISES A. The Applicant has filed an Application to annex the property whose legal description is attached as Exhibit "A", (the "Property") into the City. B. The Property is designated as "Open Space" in the Development Order pursuant to Palm Beach County Resolution No. R-75-297, issued April 24, 1975, as amended by Palm Beach County Resolutions No. R-78-1132 and R-81-1652 ("Development Order"). C. Section 171.062(2), Florida Statutes, (1985) pro- vides: (2) If the area annexed was subject to a county land use plan and county zoning or subdivision regulations, said regula- tions shall remain in full force and effect until the area is rezoned by the municipality to comply with its compre- hensive plan. D. The parties wish to proceed with the annexation of the Property prior to adopting a City Land Use Category or City Zoning District for the Property. E. The parties wish to set forth an understanding for the procedure the Applicant shall follow to assure that the Applicant will apply for a City Land Use Category, City Zoning District and, if required, an Amendment of the Development Order. NOW, THEREFORE, the parties agree as follows: 1. The City, if and when the Property is annexed, will not require, as part of the annexation process, that a City Land Use Category or City Zoning of the Property be adopted prior to, or simultaneously with, annexation of the Property. 2. If required, the Applicant will, as soon as prac- ticable after the annexation, process a Notification of Proposed Change to a Previously Approved DRI ("Development Order Amend- ment") which, if approved, will result in utilizing the Property for parking as shown on Exhibit "B". 3. If the Development Order or the Development Order Amendment (if required) permits the Property to be used for park- ing, the Applicant will, either simultaneously with the Develop- ment Order Amendment Process, or immediately after the Develop- ment Order Amendment is adopted, file with the City an Application for Land Use Element Amendment and Application for Rezoning to permit construction of a parking lot on the Property. 4. On or before April 1, 1988, regardless of whether a Development Order Amendment is in process or obtained, the Applicant will apply for a City Land Use Element Amendment and City Rezoning of the Property consistent with the use permitted by the Development Order or, if the Development Order is amended prior to April 1, 1988, consistent with the Amended Development Order. 5. The Applicant acknowledges that the annexation of the Property creates no vested rights in the Applicant to use the Property as anything other than "Open Space" under the Develop- ment Order unless and until both: A. The Development Order or the Development Order Amendment (if required) permits use of the Property for a use other than "Open Space"; B. The City adopts a Land Use Element Category and Zoning District which is consistent a use other than "Open Space." WHEREFORE, the parties set their hands and seal on the dates set forth below. BOYNTON-JCP ASSOCIATES, LTD. BY: Date signed by Applicant: August , 1987 CITY OF BOYNTON BEACH Mayor Attest: City Clerk Date signed by City: August , 1987 ( 3/2/83 REF. DWG. 678-P2 BOYNTON BEACH PARCEL #7 6.92 ACRES A parcel of land lying in Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Commence at the center of said Section 19; thence N 00 51' 51" W along the .North South 1/4 section line of said section, a distance of 35.00 feet to the principal point and place of beginning of the following description: Thence N 00 51' 51" W along the said North South 1/4 section line a distance of 1191.31 feet to a point on the South right-of-way line of Boynton Canal; thence ,N 880 05' 26" E along said South right-of-way line a distance of 387.94 feet to a point; thence 5 00 05' 26" W a distance of 142.02 feet to a point; thence 233.87 feet along an arc to the right having a radius of 335.00 feet and a chord of 229.15 feet bearing 5 200 05' 26" W; thence 372.10 feet along an,arc to the left having a radius of 410.00 feet and a chord of 359.46 feet bearing 5 140 05' 26" W; thence 5 110 54' 34" E a distance of 70.00 feet to a point; thence 172.26 feet along an arc to the right having a radius of 235.00 feet and a chord of 168.43 feet bearing 5 90 05' 26" W; thence 182.18 feet along an arc to the left having a radius of 325.00 feet and a chord of 179.81 feet bearing 5 140 01' 53.5" W; thence 5 020 01' 39" E a distance of 23.67 feet to a point; thence 94.25 feet along an arc to the right having a radius of 60.00 feet and a chord of 84.85 feet bearing 5 420 58' 21" W; thence 5 870 58' 21" W a distance of 90.60 feet to the point of~ beginning and containing 6.92 acres of land more or less. '. EXHIBIT "A" BOYNTON BEACH DESCRIPTION OF THE CENTERLINE OF AN 85 FOOT CANAL RIGHT OF WAY A Parcel of land lying in Section 19, Township 45 South, Range 43 EaRt. Palm Beach County, Florida, said parcel being on 8S foot canal right of way, the centerline of which being more particularly described as followss Commence at the center of said Section 19; N 870 sa' 21" E., (assumed) along the east west quarter section line of said Section 19, a distance of 20 feet; thence S 000 51' 51" E, parallel to the north south quarter section line of said Section 19, a distance of 7.5 feet to the point of beg inning of the centerline of an 85 foot canal right of way, to be herein described; thence N 870 58' 21" E, parallel to the east west quarter section line of said Section 19, a distance of 71.48 feet, to a point of curvature of a curve concave to the northwest; thence northeasterly along. the arc of said curve having a radius of 102.50 feet and a central angle of 900 00' 00" a distance of 161.01 feet to the point of tangency of said curve; thence N ~20 01' 29" W, a distance of 23.67 feet"to the point of curvature of a curve concave .to the east; thence northeasterly along the arc of said curve having a radius of 282.50 feet and a central angle of 320 OS' 07", a distance of 158.36 feet to a point of reverse.curvature of'a curve concave to the west; thence northwesterly along the arc of said curve having a radius of 277.50 feet and a central angle of 420 00' 00", a diBtance of 203.42 feet to the point of tangency for' said curve; .thence N 110 54' 34" W, a distance of 70.0 feet to the point o~ curvature of a curve concave to the east; thence northeasterly along the arc of said curve having a radius of 367.50 feet and a'central angle of 520 00' 00" a distance of 333.53 feet to a point of reverse curve of a curve concave to the west; thence northerly along the arc of said curve having a radius of 377.50 feet and a central angle of 400 00 I 00",. a distance of 263.54' feet to the point of tangency of said curve; thence N 000 05' 26" E~ a distance of 143.51 feet to the point of ending of said centerline of an 85 feet canal right of way. '. EXHIBIT "A" I' " I JAVERT STREET I i ._____________________...J t /Ien I Moll Acce.. Drive''''' :~ W.M.A. I Dr /: POrllillQ gi/ I: <":::::,::::::,:,::,,,,: ~III g!/:i I. I' 31 01, II" I' . II'~ MOll ACC.SS=-~~=-~ /" I' IJ 1'/: L " I' I' I _________J b - --- -- -----'T' L___1!'!.12_c_aJ!'!l.f_":.n_'!.I_~ !i~-i!'-\Y---J I ~ 111 . I: , I 11;i I . I~! . I I i II : I ! I . I 'I' I~i I~l I WOM:'j (I , I': :COMMERCIAL 3.57Ac. " L_,-_ z} 0' ~- SCALE: 365' . CONGRESS AVENUE --------, r---------------------------------------------------- II I' ....--- 'w OFFICE :'0: l_ ~ ,- COMMERCIAL , COMMJ;CIAL I :L OF:'CE ' 4.0Ac.13..:~7Ac. 6.52Ac. I' I 1.26A~. ::1:: LEGEND: W.M.A. -- WATER MANAGEMENT AREA V/////1 - PROPOSED DEPARTMENT STORE BOYNTON BEACH MALL PAL\1 BEACH COUNTY. FLORIDA PROPOSED SITE PLAN EDWARD J. DeBARTOLO CORPORATION nBu EXHIBIT " EXHIBIT C COST / BENEFIT ANALYSIS ANNEXATION (1) Boynton Beach Mall (2) Boynton Beach Mall Out Parcels 2 & 3 (3) First Federal of Lake Worth PROJECTED ASSESSED VALUE * Land Value Building Value 'Ibtal Value (1) $ 8,393,196 $ 36,559,925 $ 44,958,450 (2) 1,242,844 5,971,542 7,214,386 (3) 1,060,860 4,990,170 6,051,030 'Ibtal $ 10,696,900 $ 47,521,637 $ 58,223,866 PROJECTED TAXES $ 58,223,866 Anticipated Valuation x .00 666 . 1981 Millage $ 387,771 Projected Taxes * Based on 1981 and 1982 valuations for rorrparable uses. PETITION FOR VOLUNTARY ANNEXATION Out-Parcel #2 (7.87 ac) and #3 (6.54 ac) Petitioner, Homart-Boynton Associates, a Florida General Partnership, submits to the City Council of the City of Boynton Beach, Florida, this, its Petition for Voluntary Annexation, and states as follows: 1. Petitioner is the owner of certain real property, herein- after referred to as the "Property", situated in Palm Beach County, Florida, and shown on Exhibit "A" more particularly described in Exhibit "B-1" and "B-2", attached hereto. 2. The City of Boynton Beach has jurisdiction to annex the Property pursuant to Chapter.~7l, Florida Statutes, in that: a. The property proposed to be annexed is in the unincorporated area of Palm Beach County; b. The property proposed to be annexed is reasonably compact and is contiguous to the present corporate boundaries of the City of Boynton Beach; and c. Annexation of the property proposed to be annexed shall not result in the creation of enclaves. 3. Petitioner submits this Petition for Voluntary Annexation with the understanding that it shall be specifically contingent upon the fOllowing conditions: a. Rezoning of those portions of the Property now zoned Agriculture to Community Commercial, Category C-3. b. Adoption of a resolution by the County Commission of Palm Beach County consenting to the rezoning of the Property and including a finding of consistency with the Palm Beach County Comprehensive Plan. c. Adoption of a development order, pursuant to Section 380.06(14) (e), Florida Statutes, incorporating the provisions of Resolution No. R-74-343, a copy of which is attached hereto as Exhibit "Cu. E~b~~B . , d. Agreement by the City to adopt the necessary approvals by the City to permit development of the Property for any commercial use permitted in zoning Category C-3 and such approvals shall include, but not be limited to, the construction of buildings not to exceed four (4) stories or a maximum of forty-five (45) feet in height as defined in the City of Boynton Beach Zoning Regulations. e. Agreement by the City that no traffic improvements other than those that are the obligation of the Developer as set forth in the Agreement attached hereto as Exhibit "D" will be required to permit development of the Property in accordance with the provisions of Paragraph 3 d of this Petition. f. Acceptance by the City of the conditions set forth in the Petition for Voluntary Annexation of adjoining property attached hereto as Exhibit "E" and the petition for voluntary annexation to be filed on the property described on Exhibit "F". 4. In return for the acceptance by the City of Boynton Beach of the Petition for Voluntary Annexation, Petitioner agrees to provide or have provided the improvements as set forth in the Agreement attached hereto as Exhibit "D". 5. Petitioner reserves the right to withdraw or to modify this Petition (including exhibits) for Voluntary Annexation at any time prior to enactment of the ordinance required by Chapter 171.044(2), Florida Statutes, annexing the Property. 6. Agreement that rezoning, site plan approval, all required variances and special exceptions, property subdivision, etc., will be processed concurrently with this petition, so that final approval of all of these matters by the Boynton Beach City Council (the "Council") will occur at the same meeting at which final approval by the Council of the annexation occurs. WHEREFORE, Petitioner respectfully requests that the Property be annexed into the City of Boynton Beach, Florida. '". ; DATED this 91ll day of Jv~ ,1982. HOMART-BOYNTON ASSOCIATES (a Florida General Partnership) by BOYNTON BEACH, INC. ~ging Part~er (r:j)', ~ -" } V P By 'I . . \J " ecC '- ober ~ Schreiber - Vice President ATTEST: ) 4-7/ By , '/l-t.t l 'j,{ 1... Secretary Exhibit "E" \ / ' 12-9-80 Ref. Dwg. 678 P6A BOYNTON BEACH PARCEL "1" (NET) 12.30 ACRES A parcel of land lying in Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Commencing at the Southeast corner of said Section 19; thence N 000 59' 39" W a distance of 1262.20 feet to a point; thence N 890 46' 34" W a distance of 50.01 feet-to a point on the West right-of-way line of Congress Avenue (S. R. 807); thence continuing N 890 46' 34" W a distance of 10.00 feet to the principal point and place of beginning of the following description: Thence N 890 46' 34" W a distance of 837.54 feet to a point; thence N 000 59 I 39" W a distance of 130.00 feet to a point; thence N 140 46' 19" W a distance of 207.00 feet to a point; thence N 000 59 ' 39" W a distance of 231.62 feet to a point; thence N 430 32' 54" E a distance of 57.02 feet to a point; thence N 880 05' 26" E a distance of 846.73 feet to a point; thence S 000 59 ' 39" E a distance of 634.63 feet to the point of beginning and containing 12.30 acres of land more or less, but subject to all legal highways and easements of record. . Exhibit "F" i,G>:!';;,:'lLtJT i:l)l~ HO/\I),:,\'{ l~.jr':'.j,./E;'l;..-~'l-, Tll I S {,(;1I[[:.1 [:;:1'1' . J:l..Jd(.' t: I i ~; .. . (l]" ":"'~.J_ '{.1 . " ) ~ : :.....5~j'J__iL~, 1901, by und i.J~ t'NCf~n P,-..L,\1 IJE/\Cii CfJC;':T'.: r ,) ~}ol:.tic:ll subdivision of. r~;lC State of Floridi:l, ~ler,~i:t :-l:;:"~c:-~d La as "COUNTY" ane] iIOi.1ART-[lOYNTON t,SSOC iATF;S. ai, ~C'..;;~:.~;) J 6 De[lARTOLO CORPORATION, COl:[.>ol'ations existing .liLie,- the 1a','15 of the State of r10r-ida, herein r-efer-red to as "~i:>!:::LO?t:K". ;'1Iit:REAS, on September- 12, 1970, the I3cilr-c1 of County Co,nJ:\issioner-s of Palm [leach County ap[.lroveti the p.?~ition of Homar-t-Boynton Associates, by Resolution No. R-78-1132, for- a Special f::';cel'tion to allow a Reg ional Sho;:lJlng Center on pro[.lerty locatecl on the ;,est side of Congl:eS3 iwenue and 011 the North side of Old Boynton Road, said appcoval containing numerous conditions of approval relating to tr,,:fic impacts that werE: reasonably calculated to be caused by tl~e proposed development; and ;'JHER2AS, DEVELOPER no\., seeks to an-.e;.~ th.::- pt'"ojcct into the City of Boynton Beach pursuant to rIori,::a Statutes, Ch~pter 171; and " I'IHE:'.EAS, Florida Statutes, Sect:',,, :71.052(2) provides that, if any area to be annexed into G C1'~nicipality was sClbj ec t to County Zoning Reg u la t ior.s f r.r-.CZ1 sa 10 reyulations shall remain in full affect l.:1::-' oth...:r',.;isc provided by lc~; and WHEREAS, Florida Law provides tha~ ~:c ,~~icip31ity into which the annexation is sought is roo:O ,,':;~0riz'2tJ to increase or decrease the intensity of the ','J::l:;~ p2rc:ittec1 under the County's reyulation for a recioc: \......;0 ye~ L S un18ss the prcl)Oscd chanlje is ..::iptJt"ovcd by the ,~:y '~'; a ::<.1. \-]lj 1:-: KLt\S, Florida Statutes, Cr,~ 163.319~ provides tl1{lt aEter a Compr.chl~nsive pILi,! :. :,. .;~::_:l1 oy J. County, all '~1-~'/01opincnt undcrld~~cn b1" .lnL1 ,~1~ ~ _-~~,.]:....~, ~~.J.~:,"':,1 in r-eyard to . d~vcloplnent <) ["( l,~ (" ~~ L>y the c' ~ Slid 11 be consistent \-:1:':1 til(~ adt)i)ted ~).ldil; u])d ~';IH~l{~I\S, ~cJ.li~, 8r--';1(':11 (:ountj L..:!~; ,~.~;...J:;'>-,d 'L.l.t.: 1380 CO:7'lpr-'"2hensiv~ Pl.:ln I,-Jhi''':'';j C()l1t,~t:-l~; P(..!l-[ur:':l~-IC" '.:: ~n~,)rd iJo. 3 rer..Juiring thcJt Zlll maJor: thor()urJhE,)r';:~ tlid~ ,':r'/'2 ,j [Jcoposcu project not exceed reusol1dule and s~Ec 10"/e.:L ') of sc:r:vice during a0d U?O;l completion of the project; ~r;: \-lII l::RCl,S , it 15 now neccssiH'y [0, iJOth pa,ties to ag,ee to ce,tain modifications to the o,i'Jinal Zoning Petition's conditions and to fully set fort.h tLe n~spective rights and obI igations of each party peio, to Pillm Beach County's ent,y of an o,der approving the annexation unde::- Florida Statutes, Section 171.062(2). IN WITNESS WHEREOF, the parties ag,ee as follows: 1. DEVELOPER agrees to pay the COUnTY One i'lill ion Seven Hundred Thousand Dollars ($1.700,00('.00) or to provide a letter of .credit or similar arrangement 32ce)Jtable to the COUNTY upon which the COUNTY may draw the s~~ of One Million Seven !lund,ed Thousand Dalla,s ($1.700,000.00) as needed, either of sai<1 arrangement to occur with;" thi,ty (30) days of the execution of th is llgn;ement.. ,2. OEVSLOPER shall cause to ()\;' constructed the following roadway improvements at OEVELOPS~'S expense. Both parties agree tha t this commitment is only fo r th e construction of the irnprove~ents requ:~~(~ by Falin Gedc~l County and that the a2Cjuisition of ,ic;ht-:;:-'''ay includinC; percnanen t and tempora,y eLlser.\ents 1n c~.,,:,.-'Ction \-lith S'~ , -~ u ~ ,_, improvements other than on the DEVELO?EP' 0; ,,,'cJ?erty s,',all te the resl'onsibility of the COUNTY. Uldi,ty relocation 0:- adjust:ncnts ',..;ithin the (>;.:isting or prop:~_;c\! public t"ight-oC- ;,,'ays assoc.io.tp.<1 \.Ji th thesQ impcovt?:nen t~~ 1 01,1' , shelll al::,:o be the COUrny'S responsiLility. All lJr.,;:',:":,I;2nts in COLJ"i'~;' righl-oE-,.....Jl' at- ut.~u:~ '.:hich \,-lill b0co:n": .\:~'~,T'r' ri'Jht-o ~_..';.-'...: undCt- th0 pruposed delJ,:,JopJ1lcont pluJ'l :;il,-t: cO:1sLructc(! dr;s(:t:"ibed in pCll-i1(JcafJll:~~ 2..3, 2b, 2c (llld :!d (','~ )',;: ill The uS'1 i'~ r.:) [J t: F ;;il"l L 1 r:()ll '; t c uc ~ d ::. ! I, r> - I. ~ intersection of r;C\'J :~~.)ynlon i(rJ,1d .I~vj >1d11 ,\cc.'!,:;; "jrjd lit}" dual left tUl"n ll'l:i':s JnJ riyilt tUl-n 1d:\': Ilurt:, <JPi)CO.-J<::::.... b) TI1'O DE VEl, 0 [' C H s 11 il 1 1 constrJct ile the intersection of Old Boynton ROiJO und ;'1;)11 c\CCCS3 EoucJ "BI!; i) Le f t turn 1 a n '2 :; n 0 t- t h il n cJ SOL; t h approach. ii) Left turn lane 'dC=St approach. i i i) Right turn lane east approach. c) The DEVEl,OPER will construct at the intersection of Old Boynton Road and Accc=ss Road "AU; i) Left turn lane west approach. i i) Two-lane nOrth approach. i i i ) Right turn lane east approach. d) The basic requirements and cor.ditionc. Eor the improvements set forth above will be as follows: i) The improvements will be constt.'ucteo as a rut' a 1 s c= c t ion ,I i t h the pass i ble excc=:;>tion oE isolaLec1 and limit". curb '. and gut t e r 5 '" h i c h s h a lIon] '.' b e required whe" cUt'b and guttP!: 1'2 the only engineering solution ti!at will cause the .said roalh~:()y Lr:'kJrC)'!c:;,t:':~~s to function properly. ii) The improvements will be con,;tructed with open drail~~ge and WIth onl~' noc~al ditch sc=ction witt) the possible exception o[ i sol.) t f,! d anu 1 1. .;~ it"? d enclosed stOCill s!?\v('rs .-,:Dle;) :;;r;_111 onl:/ be reguireu \'Jh(~!1 I2nclos12d stCL-.":j se'.y'CCS are the only r.=n..Jin'~:erir.\.] soil:: i.\~:1 tJ~(1t \;i 11 cause Lile sa 11] ~Jr.tJl'v'.'('I.~I.;'I~ ~.-; to [UIlC t ion prop' "1 y. i i i ) t~o ~;id"~h'al}: Ol- bir:~ p~1t.hs. it;) OVt.!t-l':'lY and .ltld tn '_::xistilvJ p.)':I..:::,:(:-nt. ,', V} ria ~;tl.-(;'.:t llrJhL lIHJ. Vl) Starn ~;(~W(.r If;Jpt~O\j(_'I:lC'nt l....;;\ltl_,rj to cxt;~ll~~ i un of cxi~;.L In(J l:.:ul'JI:rt crossln<j_ vii) In the even t thc' cons t nJC I::.. ion of tho said ~oadway ilnproVClocnts by tIle OEVELOPER results in addi~ional requirements bei~g imposed by governmental regulatory a'Jr.:neies, the COUNTY will assist the DEVELOPER and cooperate fully with the DEVELOPER in satisfying such additional require- ments. 3. . The parties agree that the DEVELOPER will construct a two-lane connector road on an 80 foot right-oE-way provided by .-the DEVELOPER, said road to be constructed to COUNTY standards and to be located betwccn Old and New Boynton Roads as shown on Exhibit "A" attached hereto. This road and the right-of-way shall be dedicated to the COUUTY and accepu!J by the COUNTY for maintenance and other purposes upun co:npletion. This roadway will be constructed as a rural section. 4. The COUNTY agrees that the o~ligations agrDe~ tu be undertaken by the DEV!::LOPCR in Paragraphs I anJ 2 an! in lieu of the reguirements relating to rOcI'J\"ay construction contained within Resolution no. R-78-113;) (attached hereto as Exhibit "13"). The COUtny further agrees that the faithful performance and completion by the DEVCLOPE~ of his obliYJtions shall relieve DEVCLOPl::R of 1I1C road-lay impl'''\'C!~'.:nt obli')"t'ic;," (with the excefltion of conditions 14, is i\r,d 20) contdi",,',; within Hesolution No. k-7J-1132. 5. In consirlcr.-3tiot1 of !)l~\'\~I,(.~J!'i{'.s co;;\!niL:1L'[jt:~ cont~incd hcccin, COUlfry Clgrccs to mukc tLf~ tollo......in<j rOd(h,d1' improver.tcnt.s at CDUJJ'l'YI~; eXl1Cll:"';{:- SlllJ]e'cL to tllr..:: rro\'isiun~, cont.:1ined within {Jul"n:JlCipll Y: , - .t.- .1 ) PaLr. n(:dcii :~r)11;~.Y ~;:;-ILL :'};~.:.~:: IC~ 'Jr. J r': Avenue cJS a [oul~-lanc l.-:),J,h;,Jj' '.-It th I:l,_'J i~;, ~::), i J\'=C(:~;'j ({0.L. II E" throu<Jh the int0lSt_'I...::~il)n \.;iLil 1J'_o,,-,' -'; I" ~,od.i (5. :\. 804) . b) Palm BCuch Coun Ly shi.lll cC);,~ Lruct at th.:; inters<=ction of Ne;J Boynton Road (S.y. 80.,) and CO;"3e"5'; Avenue; i) Dual left tut"ns Ii 0 ( ':: !': and sou t 11 approach. ii) Ri']ht turn lane cast ar,:coach. c) Palm Beach County shedl construct Ne'.; Boynton Road as a four-lane road;Jay with m0dian from Congress Avenue to Access Road "B". d) Palm Beach County shall construct at the' intersection of Nel. Boynton Road and Hall JI.ccess Road "8"; i) Left turn lane west "'ppeoach. ii) Right turn lane east approach. e) Palm B",ach County shall CCC1'3truct at the inters~ction of Old BoynLon Road and COIlC]t.:~~'':-J t\':-2nu-=; '. i) Right turn lane cast d:Oj ulcci,. ii) Left turn lane all "p;:t',~"cc,es. f} Palm Beach County shall CCllstruct at the interst2ction of Congress and Acc!?ss ROd-:Js '" "DlI f and IIC"; i) Left turn lane souti1<.,..DclCCl. ii) Right turn l.1no noeL ~:;proach. i i i ) R i '] :) t _, and 1 c f t t ..-:. l-;j la:les . , ~> ~ ~ ,\ \;. ~) ...... al",n-o~ch. (as Sh-:JhT. '_'.1 :-':xi-.ir.:t "Cll) g) Palm BCClCh County s:lall co: stt'uct at tll'~ intersection of Old Boynton Road and ~cw s~ ,In r\osd i i ) RiCJht tUl-n lune ca.';~. t4~)JC~1. i i) LI.~Ct. turn Idn~ I1,)~.t) ;,-~ c;". h) Palin U L' d c: h Co u " t " 1 1 lnst<lL si<Jncllization i.it t11f::~ [ollo'.:inJ intct'_;l.~c:':''..,) ~!Ie ini~l-l: pha~;e ()[ cn(1stt-uction o[ th(~ main ::.;hnppl!~; , I. '. -, i) Co.lIJLes~; ,\vc;n~ll: an,.] ",~) ~o(1d "nil.. i i) ::C"'. Boynton p,,) \,1 ~11;,: _',.:" i::J ;c,o..;d "1.3". -5- i i i ) Ol}.-i Doynton I~Oild dnd /~CC'~SS t\O(}(j "U". iv) Olrl Boynton l<o;ld un,1 Con'J"":s~ ',venu0. v) UfJgruuc (cxistin'j siyndl at Ue\, lJoynton Road and Congress Avcnu00 i) Palm Beuch County shull install signaliz~- tion when warranted, as determined by the County Engineer. at the following intersections: i) Congress Avenue and Access Road "Cu. ii) Congress Avenue and Access Road "E". iii) Old Boynton Road and Access Road "Au. 6. COUNTY ~cknow ledges and agrees tha t the roadway construction program outlined in this Agreement is in lieu of ~p>~-roadway obligation \:'heAconditions. set forth in Resolution No. 78-1132 and that subject to the voluntary annexation of the project into the ci ty limi ts 9f' Boyn ton Be:: ach, Florida, the execu tion of th i s Agreeme::nt constitutes official action by the COUNTY to relieve DEVELOPER of all remaining conditions (\Vith exception of 14, 18 and 20) in said Resolution. 7. COUnTY ael:no\Vledges tha-t the road'day improvement proyram set forth in this Agreerne'nt \Vill bring the road\Vay net\Vork serving this proposed development into compliance \Vith Performance Standard No. 3 within the Palm Beach County Comprehensive Plan and that Palm Beach County will not Object to the voluntary annexation of the Shopping Center site including the easterly out parcels, all of ',;hieh is descr ihecl specifically in Exhibit "A", i-nto the City of Boynton Beach, on the basis of traffic generation and \Vill grant permission to anne::x the devQlopment according to th'~ Site Plan (C:dliblt A) ",hich include::s the follo\,ing modifical iOllC;: a) Due to the r-eguir-ci"cnts of Gover-nlncntcll Rcgul.Jtorj' ^uthoritics, the ~1.J.tcr rctcntlUI1 dr-CilS haV'2 LJI....:c:n suustelntL:dly cnlanjeJ. tl,IlS enlar-gin'] tile act\:;l! site oL the center-. llOh1f.:vcr, this modificdtlon ~/ill not Iner-ease tll'..:- slluZlr.-e foottl~c of buildclblc Ztr(:.:l as ori\]in2111y proposed to Pell,n Beach Cou"ty ot:' elS allowed by CilC:Ftet:' 3UG, Florida St,ltutCS, Qr d Ucvclopr:1cl1t (.)t-der issued 1I1l..\1:cunder. -6- 8) The.- :;~:-.Jp~inIJ .>~nLI.!I- '.;i~'-' :i"-~ :.-:-~n :; 11'):-.:'1,: inct:'eused to satisfy piJt:'!:ill; "'c'lui":ln"nt';. :1':)"';(_":'-'L, S~'':~I increuse will flOt uEl::r:~ct till:" ~'{.iLldr(~ fr..)otaIJ(: c~ LUll(~.]hl,:! aLee. 1n the pt:'oject as ot:'i'jinilllj Pt-oposed (Jt:' dS allo',;ed bj Chapter 380, Flot:'idu StiJtutes. or a D'2'.'('1,),):'.;.::"" On]"t:' iSSClCC: thereunder. c) the out jJat:'cels Vlhich arce ,n,:,sently zoned Agricul turill, will be re zoned by the City of 30~'r'i ton lleach to Commercial. The COUNTY specifically reserves the eight to COmment on any si te plan offered to the City of Boynton [3eac~1 at the time of annexation that contains significant modifications other than those set forth in subsections a, b, or c of this paragrajJh or as shown on Exhibit "A". 8. The COUNTY ag rees tha tit '^' i 11 not impose additional traffic conditions at the time of dnnexation undet:' the requirements of Florida Statutes, Section 171.062( 2) ot:' 'palm Beach County Ordinance No. 81-6, Traffic Pct-~ocmance Stanclards, if the Site Plan for tl{e project is as ot:iyina11y approved by pah1 Beach Coun ty or as morl i: il'd pursuant to paragraph 7 above or 1S 1n basic confol-i\~accce '..,i th r.:xhiiJi t IIA". 9. Both parties agree that tht:. (,-::', e :'lillion Seven Hundred Thousand Dollars (Sl,700,000.00) .2"'j;;.e~t conta.ined within Paragt:'aph 1 shall be used by th',:: C',',';;7Y to pay the: costs (including acquisitioC'. of right-o[-.",,',y and pec-~anent/ temporary easements) of constt:'ucting t:l'=. iH1,?cove:Tlen ts designated Agreel~cnt. to be COfl:'llCuctcd by the eG,',::"; undec tl.) is The pCl['ties to lhis f\.t]cc:cmcnL :~">")Jnize that th~ puymenl dF;~,cr-ibed in patdgrdph 1 to(Jcth;_'c "':.'.,1 [ui,ds alrc.:1,:..:" bud']etecl by tile COUNT', [C) t- improvcmc.) t.'"' . - Ce.;,; j l ~s:::; '\..'en....;'.; arc s u [ [ i C L ,-: nl to co v I.: l- Lh l.~ co s t S 0 E th '; ~- :)\.' (;> ':'..C'i1 ::. s to l"c mad.:; by t!,.; COUIlTY. Ac cue ,1 i I1(J 1 j, it t~:., flu '_ '_), (: i i1 t>2 n t ion 0:' till:' 1I.yr-<?C'1710nt to 11;1iI1)S0 dny olJli'JaLl'~':l budlJr:t at) v..Jl()l"~m ta:.; r'..:'\:(~llUCS [0[.- (U~_~.l-' ':::1': COUt':TY t,~ '.:',.:.J l--:; CD:': SU'';!l , ','. improvr:ilIcn t:-;. Th...:! CQU,;'l"{ '..Jilt C():I:i)l'~l': It'-., lln:H-::>/':I;lC::~~:: with in t'oJen ty- [out: (24 I mon ~!l~; o[ C'",:l:.: l..~j': o( ti~ C: tund :. described in paray rCl~)::' 1, '.oJ i Lil th..! ':xc,:')~i()n ot t~1 e improvements desct:ibed in Pill'il'Jruph ':;(h) .=",,; 5(i), ,...hich shall be complete" accol'ding to the terms of that paru'jt:.J[)h. 10. This Agreement constitutes the entire agreement between the parties and may only be mocifiec, by subseguent, written instrument signed by both pHrties. 11. Force Majeure - The time for the performance of DEVELOPER or COUNTY of any term, provision or covenant of this Agree';lent shall be deemed extended by time lost due to delays resulting from acts of God, strikes, unavailability of materials, civil riots, floods, unavailability of required materials or labor, restrictions by govern:nental authority, other than COUNTY for those obligations of the COUNTY, or any other cause not within the control of DE:VE:LOPER, as the case may be. 12. \vot:ds of Gander, Etc. \'lherever herein the context so requi.ces, the use of the si .1:.J IJ 1a. t" shall include , the plural, the use of masculine shall incl~de the feminine or the neuter and the use of represQntc..t iVe shall includ', trustee, receiver, executor, etc. 13. Applicable Law This llyre'2c""nt shall be govec-nec by and cons trued in accordance '.oJ i th the la',.:s of the State of Florida. 14. In teg ra t ion This ins ~CU;i:e~l:' eJ:1bod ies the whole agreement of the pilrties and there :It:e no pro;nises, terms, conditions or o!Jli']iltions other thiln those herein container1. This AgreaC1cnt shall SU')',c,C,"c all [ll'evious communic2tions, discus~.;ioi'ls, repr:-c$cnt.)t1.'......:~; I cHJv~LtiscrnQl1t~" brochures, propos.:lls or dCjct;>Clnents, eitll'''::" '.'_:t-~~al or .....rittc::, between the pLlrties hClctO '-JlL] not hCl-ein C();':.~-. lined.. 15. ScvcLc,bility - In the CVC;ll :~!;(:~" "lny pilct, t'2r:;~ or.:- pru...ri::;ion o( thi:; t\Jl-!~I_::\lcnl is ~)y .) ~,-'~:rt \.)[ COI7\?ctcnt jurl"tli.Clion (ound to hI; illrc'pl, t~ll: \';11 id i ty oC UtI? _ 0 _ ,- " rcrnalning portions .:lncJ I)r:)V::;lor'!.-~ Sh'::lll nut l).~ aLfC'cto:.:d o.nd the eights and or..digu.tlons ol 1I1C partl!:s :.:1:111 be- construed and if '\(JL-"'.'l:lt.:nt did cr)ntZJ In tl1e thIS [;()t enforced uS particular part, term or provic;ion held to i)'J so 1n'.'a1id. 16. Failure I t onticipatr:J to Annex tlp_' annexation by the (i ty of Boynton Beuch Eo i 1s t.o OCCUI., ~h'cn the obligations of the parties with respect tu the traffic ir.\prover:lents shall remain in full force an,j <effect. The DEVELOPER will be permitted to proceed with the rl<evclopr:lent of the property as a shopping center or mall with up to 1,108,000 square feet of gross leaseable area plus the development by ..the ir: transfer~r of the subject to zoning, and that the parties Developer, its successors, assigns or four out parcels for cOlcr:lercial purposes, hereby agree that no additional traffic or roadway improvements arc required and that Palm Beach County Ordinance 81-6 will be satisfied with the construction of the improvements described in this Agreement.' 17. Counterparts - This Agreement may be executed 5 imul taneous 11' in two or more coun te rpal-ts, each of ,,'11 ich shall be deer.1ed an original, but all.. of which to'Jether shall constitute one and the same instrument. III IHTNESS liHEREOF, the parties heucto have set their hands and seals on the date above written. ATTSST: PAL.~l Bl~,\Cfi LuUriTY, FLORID!\, BY 130~i'RD OF Ul!.:U'l"i' 7ln::;s IOnC,i,S ----= '~C;/ - / ~' :.-- ~ -'.. .._~ C 8 .~~./~';-rl _.i./ ~rr.;ar. :7 , m:.C 22\9tli ITS JOHN il. DCllKLE, CLERK a..... ,./~ / /' '. -r-/ // 13y__. ~'/~'I /1 l_- -...." }( Deputy Clerk , " .~ . .~ (SeA:"') .~~.'.l'Tt:Si-i' : 1l0,'IART-LJOHi','O!i ,~SSOC I f\TES, BY: 130Yl:Tl't~; 1)1:i..CI1, Inc. f U 9C\'~~f~'(r/l! l [)y \~Lt, t .)''-:-'.:. ii' ~iJcC' i\r,....;~~ ~~~':\l1t , , v \ ' \\' I \ ,;' , , .-.~ '" ,,\ J I, By , '.I" 1\1 ., J\j ~<.,.,t)-'../\ ~ --!..--.-_1' .IL) J- ~ sccrct~~~'I^SSistan~ Scc~~t~~y (Co"'; ) \! ......L,.\':""O ~ I" I , " ;, ld"l":ST:\ , rl\' \ ' )' \, \ '-.' " . \" 'I' \, ' Hy \-'.\ I,:, _', . ".sC'c:..:c ty -:y/ t'\S:';"lstant EO'.iJ;]Uj),J, I" i['\!j!7uLO COI~P,);(.\'l ["i, I C' " ~ L 13Y_~_~,}.,. ..ll__ v 1 C c !) r L oJ ~. j '._' n L V ;\, . ,~I \. '. ,'I I .- SeccC' ta t~\' t (.sS!\!.. ) ^F?RlJ\';~U AS 1'() fOE~~ flrJO Lf:0,\L SUn'[CIC:CY , .' , /.--..-- ' /~-'~'~ tly,~~ ' ....-. ...;. _ /' . Count.y J\ttornoy -9- _0 P ED ~ <D <D '" '" \ ~ \ \ ( \ 'r, . JPED I 546027' 06" l } 56.11' -----t - - [=-1 '5lf~- ( -= ~. \ -- -1 ~ - ~ - - Lf \ , '. . , . I .1 - , , . ',~1 ~ . I ._~.I ..-..."l, .~,~;.1 . .'"... ... . ., . I - "I A 111\' ;s ...: t. "1 , ", 'I ':." '(~~ '.' "':1 -. : ":" ;... 1':J . ..~: ".:'" . ~j - _.~~; .,. i " '. .~, j DEC.. 18, 1981 P.J, a, "-."" o[e 0, JJDI ROW .r,: (fl OA1E OCT 2C I'JOI l\r,_) ~.: :i:?~l . . A'. ~ l' {-.J \.- .~...f , ~. ~ '::.' .).~ . " .-!- "!]1 .... ..', 11. ~ ;,.1--' , ~fr.~'~ - i '.~' .~ ..; -*.. .: tj -. ~. i ,..~ BEACH MALI);~ .i ;~ RD~ ..;.?~ . ," '~:;..A I: i~: ',:'ti : J. . ~).-;....' ~ ." l . ".:,",";;.4 ..,,~ S P -l'I!tS~~~ l.~J . .,_..v'J . . ,,' ..., ~J .-' {~.~.~~~+:~~.J \ . '.......f ,~ . '....S,:!o.-J- ~..'\ '.-::-~ '. ~ .(5 R.807) &. )N BEACH, BOY NT 0 N WEST FLORIDA ~N \ \ \ ;> 'D, 12: -0 rJ>:,' \ PETITION FOR VOLUNTARY ANNEXATION (Regional Mall - 108.30 ac.) Petitioner, Homart-Boynton Associates, a Florida General Partnership, submits to the City Council of the City of Boynton Beach, Florida, this, its Petition for Voluntary Annexation, and states as follows: 1. Petitioner is the owner of certain real property, herein- after referred to as the "Property", situated in Palm Beach County, Florida, and shown on Exhibit "A" and more particularly described in Exhibit "A-I", attached hereto. 2. The City of Boynton Beach has jurisdiction to annex the Property pursuant to Chapter 171, Florida Statutes, in that: a. The property proposed to be annexed is in the unincorporated area of Palm Beach County; b. The property proposed to be annexed is reasonably compact and is contiguous to the present corporate boundaries of the City of Boynton Beach; and c. Annexation of the property proposed to be annexed shall not result in the creation of enclaves. 3. Petitioner submits this Petition for Voluntary Annexation with the understanding that it shall be specifically contingent upon the following conditions: a. Rezoning of those portions of the Property now zoned Agriculture to Commercial, to permit development of the Property in accordance with the site plans attached hereto as Exhibit "B-1" and "B-2". b. Adoption of a resolution by the County Commission of Palm Beach County consenting to the rezoning of the Property and including a finding of consistency with the Palm Beach County Comprehensive 'Plan. c. Agreement by the City to assess any capital facility charges, impact fees, development fees, etc., to the Department Stores and to the individual tenants that will lease spaces in the shopping center to be built on the Property. d. Adoption of a development order, pursuant.to Section 380.06(14) (e), Florida Statutes, incorporating the provisions of Resolution No. R-74-343, a copy of which is attached hereto as Exhibi t "C". e. Agreement by the City to adopt the necessary approvals by the City to permit development of the Property in accordance with the site plans attached hereto as Exhibit "B-1" and "B-2". Specifically, these approvals shall include, but not be limited to, acceptance of the proposed height and parking specifications set forth on Exhibit "B-1" and "B-2". f. Agreement by the City that no traffic improvements other than those that are the obligation of the Developer as set forth in the Agreement attached hereto as Exhibit "D" will be required to permit development of the Property in accordance with site plans shown in Exhibit "B-1" and "B-2". g. Acceptance by the City of the conditions set forth in the Petition for Voluntary Annexation of adjoining property attached hereto as Exhibit "E" and the Petition for Voluntary Annexation to be filed on the property described on Exhibit "F". 4. In return for the acceptance by the City of Boynton Beach of the Petition for Voluntary Annexation, Petitioner agrees to provide or have provided the improvements as set forth in the Agreement attached hereto as Exhibit "D". 5. Petitioner reserves the right to withdraw or to modify this Petition (including exhibits) for Voluntary Annexation at any time prior to enactment of the ordinance required by Chapter 171.044(2), Florida Statutes, annexing the Property. 6. Agreement that rezoning, site plan approval, all required variances and special exceptions, property subdivision, etc., will be processed concurrently with this Petition so that final approval of all of these matters by the Boynton Beach City Council (the "Council") will occur at the same meeting at which final approval by the Council of the annexation occurs. I' WHEREFORE, Petitioner respectfully requests that the Property be annexed into the City of Boynton Beach, Florida. DATED this ,\1\-1 day Of~, 1982. HOMART-BOYNTON ASSOCIATES (a Florida General Partnership) By BOYNTON BEACH, INC. aging artne By - Vice President ATTEST: By (' h-dt-t-w /t~rf-~h " Se&etary !) tf 3/3/82 (Ref Dwg) PA -1 BOYNTON BEACH MALL PARCEL #5 - MALL TRACT Being a tract of land located in South, Range 43 East, County of further described as follows: Section 19, Palm Beach, Township 45 Florida and Beginning at the southeast corner of Section 19, T 45 S,R 43 E; Thence N 000 59' 39" W along the eas t 1 i ne of said Section 19, a distance of 1898.10 feet to a point; Thence S 890 00' 21" W a distance of 60.00 feet to a point on the westerly right-of-way line of Congress Avenue, said point also being the principal point and place of beginning of the following description: Thence S 880 05' 26" W a distance of 846.73 feet to a point, Thence S 430 32' 54" W a distance of 57.02 feet to a point; Thence S 000 59' 39" E a distance of 231.62 feet to a point; Thence S 140 46' 19" E a distance of 207.00 feet to a point; Thence S 000 59' 39" E a distance of 130.00 feet to a point on the northerly right-of-way line of Old Boynton Road; Thence N 890 46' 34" W, along said northerly right-of-Ivay line of Old Boynton Road, a distance of 1689.25 feet to a point; Thence N 000 51' 51" W a distance of 1227.27 feet to a point on the southeasterly right-of-way line of the relocated L.W. D. D. L-23 canal; Thence along said southeasterly right-of-way line the following courses; N 870 58' 21" E a distance of 72.34 feet to a point; 227.77 feet along a curve to the left having a radius of 145.00 feet and a central angle of 900; ;II 020 01' 39" W a distance of 23.67 feet to a point; 134.54 feet along a curve to the right having a radius of 240.00 feet and a central angle of 320 07' 05" to a point; 234.57 feet along a curve to the left having a radius of 320.00 feet and a central angle of 420 to a point; N 110 54' 34" W a distance of 70.00 feet to a point; 294.96 feet along a curve to the right having a radius of 325.00 feet and a central angle of 520 to a point; 293.22 feet along a curve to the left having a radius of 420.00 feet and a central angle of 400 to a point; N 000 05' 26" E a distance of 145.00 feet to a point on the southerly right-of-way line of the Boynton Can a 1 ; Th e nee N 88 0 05 ' 26" E ala n g sa ids 0 u the r I y right-Of-way line, a distance of 1738.97 feet to a point; Thence S 000 59' 39" E a distance of 472.86 feet to a point; Thence N 880 05' 26" E a distance of 328.87 feet to a point on the westerly right-Of-way line of Congress Avenue; Thence S 000 59' 39" E, along said westerly right-of-way line of Congress Avenue, a distance of 130.01 feet to a point; Exhibit "A-I" . ORDINANCE NO. 82-.32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS ;TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY PURSUANT TO A PETITION OF THE LAND OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO SECTION 7(32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND FLORIDA STATUTES 171.044; PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Homart-Boynton Associates, the owner of the following tract of land described as: SEE ATTACHED EXHIBIT "A" filed a Petition for Annexation to the City of Boynton Beach direct to the City Council pursuant to Article 7(32) of the Charter of the city of Boynton Beach, Florida, and Florida Statutes ~171.044 (1980); and, WHEREAS, the said tract of land lying and being within Palm Beach County is contiguous to the existing City limits of the City of Boynton Beach, Florida, and will upon its annexation constitute a reasonably compact addition to the city territory; and, WHEREAS, the proposed use of said land and land use designation has been determined to be consistent with the future land uses of the City of Boynton Beach and the Pal~ Beach County commission has no objection to the designated use. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. pursuant to Section 7(32) of the Charter of the city of Boynton Beach, Florida, and Florida Statutes ~171.044, the following described unincorporated and contiguous tract of land situated and lying and being in the county of palm Beach, Florida, to wit: x S~E ATTACHED EXHIBIT "A" is hereby annexed to the City of Boynton Beach and such land so annexed shall be and become part of the City with the same force and effect as though the same had been originally incorporated in the territorial boundaries thereof. Section 2. That Section 6 and 6(a) of the Boynton Beach City Charter is hereby amended to reflect the annexation of that tract of land more particularly described in Section 1 of this Ordinance. Section 3. That by Ordinances adopted simultaneous herewith, the proper zoning designation and land use category is being determined. Section 4. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof other than the part declared to be invalid. Section 6. Specific authority is hereby granted to codify this Ordinance. Section 7. This Ordinance shall not be passed until the same has been advertised for four (4) consecutive weeks in a newspaper of general circulation in the City of Boynton Beach as required by the City Charter and Florida Statutes sI71.044. section 8. This Ordinance shall become effective immediately upon its final passage. section 9. This Ordinance after adoption, shall be filed with the Clerk of the Circuit Court of Palm Beach County. , r--- FIRST READING THIS Gli.- DAY OF {C-~ It, , 1982. day of ~ , SECOND, FINAL READING and PASSAGE, this 1982. CITY OF BOYNTON BEACH, FLORIDA /1 ,'I , UHf .,(l-!.'/"-- ~~. ATTEST: ~~ City Clerk (Corp. Seal) , r ...-.".' '. . 3/3/82 ( Re f Dwg) PA -1 BOYNTON BEACH MALL PARCEL #5 - MALL TRACT Being a tract of land located South, Range 43 East, County further described as follows: in of Section 19, Palm Beach, Township 45 Florida and Beginning at the southeast corner of Section 19, T 45 S,R 43 E; Thence N 000 59' 39" W along the east line of said Section 19, a distance of 1898.10 feet to a point; Thence 5 890 00' 21" W a distance of 60.00 feet to a point on the westerly right-of-way line of Congress Avenue, said point also being the principal point and place of beginning of the following description: Thence S 880 05' 26" W a distance of 846.73 feet to a point, Thence S 430 32' 54" W a distance of 57.02 feet to a point; Thence S 000 59' 39" E a distance of 231.62 feet to a point; Thence S 140 46' 19" E a distance of 207.00 feet to a point; Thence S 000 59' 39" E a distance of 130.00 feet to a point on the northerly right-of-way line of Old Boynton Road; Thence N 890 46' 34" W, along said northerly right-of-I<ay line of Old Boynton Road, a distance of 1689.25 feet to a point; Thence N 000 51' 51" W a distance of 1227.27 feet to- a point on the southeasterly right-of-way line of the relocated L.W. D. D. L-23 canal; Thence along said southeasterly right-of-way line the following courses; N 870 58' 21" E a distance of 72.34 feet to a point; 227.77 feet along a curve to ,the left having a radius of 145.00 feet and a central angle of 900; :-l 020 01' 39" Wad istance of 23.67 feet to a point; 134.54 feet along a curve to the right having a radius of 240.00 feet and a central angle of 320 07' 05" to a point; 234.57 fee't along a curve to the 'left having a radius Qf 320.00 feet and a central angle of 420 to a point; N 110 54' 34" W a distance of 70.00 feet to a point; 294.96 feet along a curve to the right having a radius of 325.00 feet and a central angle of 520 to a point; 293.22 feet along a curve to the left having a radius of 420.00 feet and a central angle of 400 to a point; N 000 05' 26" E a distance of 145.00 feet to a point on the southerly right-of-way line of the Boynton Canal; Thence N 80005' 26" E along said southerly right-of-way line, a distance of 1738.97 feet to a point; Thence S 000 59' 39" E a distance of 472.86 feet to a point; Thence N 800 05' 26" E a distance of 328.87 feet to a point on the westerly right-of-way line of Congress Avenue; Thence 5 000 59' 39" E, along said westerly right-of-way line of Congress Avenue, a distance of 130.01 feet to a point; , Exhibit "A"' ." .- BOYNTON BEACH MALL PARCEL #5 - MALL TRACT (CONTINUED) thence III 460 27' 06" W a distance of 56.11 feet to a point; thence S 880 OS' 26" W a distance of 430.00 feet to a point; ,thence S 000 59' 39" E a distance of 609.99 feet to a point; thence N 880 OS' 26" E a distance of 430.00 feet to a point; thence N 430 32' 54" E a distance of 57.02 feet to a point on the westerly right-of-way line of Congress Avenue; thence S 000 59' 39" E along said westerly right-of-way line of Congress Avenue a distance of 170.01 feet to a point; thence N 460 27' 06" W a distance of 56.11 feet to a point; thence S 880 05' 26" W a distance of 608.00 feet to a point; thence S 000 59' 39" E a distance of 230.00 feet to a point; thence J.l 880 05' 26" E a distance of 340.00 feet to a point; thence S 00059' 39" E a distance of 150.00 feet to a point; thence S 880 OS' 26" W a distance of 340.00 feet to a point; thence S 000 59' 39" E a distance of 229.99 feet to a point; thence N 880 OS' 26" E a distance of 608.00 feet to a point; thence III 430 32' 54" E a distance of 57.02 feet to a point on the westerly right-of-way line of Congress Avenue; thence S 000 59' 39" E along said westerly right-of-way line of Congre~s Avenue a distance of 130.01 feet to the principal point and place of beginning and containing 108.30 acres of land, more or less. . . Exhibi t "A 1/' :_1. cJ./ j1'i ,....:I RESOLUTION NO. 82-.WWW o...._~ c~ RESOLUTION OF THE CITY OF BOYNTON BEACH, 1-- /...-t FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS PURSUANT TO FLORIDA STATUTE s171.062 TO REZONE A CERTAIN PORTION OF A PARCEL OF LAND BEING ANNEXED TO THE CITY OF BOYNTON BEACH FROM THE COUNTY ZONING CLASSIFICATION CG (COMMERCIAL GENERAL) AND AG (AGRICULTURAL) TO THE CITY ZONING CLASSIFICATION OF C-3 (COMMUNITY COMMERCIAL) AND FROM COUNTY LAND USE OF COMMERCIAL POTENTIAL TO CITY LAND USE CLASSIFICATION OF LOCAL RETAIL. WHEREAS, the City of Boynton Beach has received a request for annexation from Homart-Boynton Associates, as owner of the following described property: SEE ATTACHED LEGAL DESCRIPTION (EXHIBIT "A") WHEREAS, the city Council at the September 21, 1982, regular meeting considered this annexation request, and upon the recommendation of the City Planner, city Zoning Board and Tech- nical Review Board. determined that the proper zoning for this parcel of land would be the City's Zoning Classification c-3 (Community Commercial) and the proper Land Use Classification under the city's Land Use Plan of Local Retail. WHEREAS, pursuant to Chapter 171.062 of Florida Statutes, city of Boynton Beach requests that the Board of County commissioners consent to the City of Boynton Beach rezoning and changed Land Use Classification on the above described property upon its annexation. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Council hereby requests permission to rezone and to change the land use classification, when annexed, of the property described above as previously enumerated. Section 2. That a certified copy of this Resolution be sent to the Board of county Commissioners of Palm Beach -" County, the County Administrator, and the County Director of ..P.lanning. .zDning .and .Bu.i.l.d.ing. , j:.l8.2.J:P ( ?JJ- /Lj /Y1 .J-P ,--..J 'I " -) RESOLUTIO~ NO. R-82-1232 ~.r RESOLUTION OF THE BOARD OF COUNTY Cor:I,~ISSIONERS OF PAL~ BEACH COUNTY, FLORIDA, AUTHORIZING THE CITY OF BOYNTON BEACY TO REZONE PROPERTY AFTER ANNEXATION PURSUANT TO 5.171.062, FLORID STATU ES AND CITY OF BOYNTON BEACH RESOLUTIO . O. 82-WW . \-JHEREAS, by its Resolution No. 82-WW\-I, the City of Boynton Beach has requested permission from the Board of County Commissioners to rezone the property described therein after annexation of same into the corporate i! 'i limits of the City; and " Ii " " [ ;1 II :1 'I II I' ,I :1 II Ii 'I i ,I j I , WHEREAS, the property is currently zoned CG (Commercial) and AR (Agricultural-Residential) and is subject to the Palm Beach County Comprehensive Land Use Plan; and HHEREAS, the City of Boynton Beach proposes to rezone the property to C-3 (Community Commercial) to allow the petitioner to develop the parcel as a retail shopping mall; and WHEREAS, the Comprehensive Land Use Plan identifies potential Commercial in the annexation area, i.e., west of Congress Avenue south of the Boynton Canal; and WHEREAS," the Planning, Zoning and Building Department has revised the request and offers no formal objections to same as more fully outlined , I i, and made a part hereof; and ii I; II Ii , I i I ./ I in the November 8, 1982 memo to the Planning Director, attached hereto WHEREAS, the Planning Department has reviewed the City's proposal together with two other proposals within the area for traffic impacts and has indicated a need for roadway improvements, as set forth 1n the November 10 and November 9 memos from the Planning Director and Senior Planner, respectively, attached hereto and made a part hereof; and WHEREAS, Florida Statutes 171.062, requires that when a city desires to rezone property which was previously subject to county land use control that the city must request and receive permission for such change from the Board of County Commissioners of the respective county. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that the request of the City of Boynton Beach in its Resolution No. 82-WWW, attached hereto and made a part hereof, is hereby approved. ( BE IT FURTHER RESOLVED that a copy of this Resolution together with all memorandums of the Planning Department be forwarded to the City ,; , i ;; i! ii :! who moved its adoption. Planner and City Engineer of the City of Boynton Beach. The foregoi ngResol ution was offered by Commi ss i oner Spillias 'j I) The motion was seconded by Commissioner Koehler " <I :i , , and, upon being put to a vote, the vote was as follows: PEGGY B. EVATT KENNETH G. SPILLIAS DENNIS P. KOEHLER DOROTHY H. WILKEN BILL BAILEY Aye Aye Aye Aye Absent I, :! I' II d I' II II I I , The Chairman thereupon declared the Resolution duly passed and adopted thi s 23rd day of November , 1982. PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COt1MISSIONERS JOHN B. DUNKLE, Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY braL-,'o~ Deputy Clerk By: ~/~~ By: ~ I / County Attorney I :\ II I I I I , I : PASSED and ADOPTED this iZl day of ~ 1982. CITY OF BOYNTON BEACH, FLORIDA By1ff~~<-< . ,~~~~~---~ pe ayor -..... . .-If:- ATTEST: c~o/ (Corp. Seal) ( 3/3/82 ( Re f Dwg) PA -1 BOYNTON BEACH MALL PARCEL #5 - MALL TRACT Being a tract of land located South, Range 43 East, County further described as follows: in of Section 19, Palm Beach, Township 45 Florida and Beginning at the southeast corner of Section 19, T 45 S,R 43 E; Thence N 000 59' 39" W along the east line of said Section 19, a distance of 1898.10 feet to a point; Thence S 890 00' 21" W a distance of 60.00 feet to a point on the westerly right-of-way line of Congress Avenue, said point also being the principal point and place of beginning of the following description: Thence S 880 05' 26" W a distance of 846.73 feet to a point, Thence S 430 32' 54" W a distance of 57.02 feet to a point; Thence S 000 59' 39" E a distance of 231.62 feet to a point; Thence 5 140 46' 19" E a distance of 207.00 feet to a point; Thence S 000 59' 39" E a distance of 130.00 feet to a point on the northerly right-of-way line of Old Boynton Road; Thence N 890 46' 34" W, along said northerly right-of-I"ay line of Old Boynton Road, a distance of 1689.25 feet to a point; Thence N 000 51' 51" W a distance of 1227.27 feet tlfa point on the southeasterly right-of-way line of the relocated L.W. D. D. L-23 canal; Thence along said southeasterly right-of-way line the following courses; N 870 58' 21" E a distance of 72.34 feet to a point; 227.77 feet along a curve to the left having a radius of 145.00 feet and a central angle of 900; -N 020 01' 39" W a distance of 23.67 feet to a point; 134.54 feet along a curve to the right having a radius of 240.00 feet and a central angle of 320 07' 05" to a point; 234.57 feet along a curve to the 'left having a radius of 320.00 feet and a central angle of 420 to a point; N 110 54' 34" W a distance of 70.00 feet to a point; 294.96 feet along a curve to the right having a ra<.lius of 325.00 feet and a central angle of 520 to a point; 293.22 feet along a curve to the left having a radius of 420.00 feet and a central angle of 400 to a point; N 000 05' 26" E a distance of 145.00 feet to a point on the southerly right-of-way line of the Boynt0n Can a 1 ; Th e n c e N 880 05 . 26" E a Ion g sa ids 0 u the r 1 y right-of-way line, a distance of 1738.97 feet to a point; Thence S 000 59' 39" E a distance of 472.86 feet to a point; Thence N 880 OS' 26" E a distance of 328.87 feet to a point on the westerly right-of-way line of Congress Avenue; Thence SOD. 59' 39" E, along said westerly right-of-way line of Congress Avenue, a distance of 130.01 feet to a point; ~ Exhibit "A " ' .' .' BOYNTON BEACH MALL PARCEL #5 - MALL TRACT (CONTINUE 0) .... thence N 460 27' 06" W a distance of 56.11 feet to a point; thence S 880 OS' 26" W a distance of 430.00 feet to a point; ~hence S 000 59' 39" E a distance of 609.99 feet to a point; thence N 880 OS' 26" 'E a distance of 430.00 feet to a point; thence N 430 32' 54" E a distance of 57.02 feet to a point on the westerly right-of-way line of Congress Avenue; thence S 000 59' 39" E along said westerly right-af-way line of Congress Avenue a distance of 170;01 feet to a point; thence N 460 27' 06" W a distance of 56.11 feet to a point; thence S 880 OS' 26" W a distance of 608.00 feet to a point; thence S 000 59' 39" E a distance of 230.00 feet to a point; thence N 880 OS' 26" E a distance of 340,00 feet to a point; thence S 000 59' 39" E a distance of 150.00 feet to a point; thence S 880 OS' 26" h' a distance of 340.00 feet to a point; thence S 000 59' 39" E a distance of 229.99 feet to a point; thence N 880 OS' 26" E a distance of 608.00 feet to a point; thence N 430 32' 54" E a clistance of 57.02 feet to a point on the westerly right-of-way line of Congress Avenue; thence S 000 59' 39" E along said westerly right-of-way line of Congre"s Avenue a distance of 130.01 feet to the principal point ancl place of beginning and containing 108.30 acres of land, more or less. , Exhibit "A.!'