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
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MOll ACC.SS=-~~=-~ /"
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L___1!'!.12_c_aJ!'!l.f_":.n_'!.I_~ !i~-i!'-\Y---J I
~ 111
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:COMMERCIAL
3.57Ac. "
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SCALE:
365'
.
CONGRESS AVENUE
--------, r----------------------------------------------------
II
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'w
OFFICE
:'0: l_ ~ ,- COMMERCIAL ,
COMMJ;CIAL I :L OF:'CE '
4.0Ac.13..:~7Ac. 6.52Ac.
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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
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v
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By , '.I" 1\1 ., J\j ~<.,.,t)-'../\
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sccrct~~~'I^SSistan~ Scc~~t~~y
(Co"'; ) \!
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"
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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
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SeccC' ta t~\'
t
(.sS!\!.. )
^F?RlJ\';~U AS 1'() fOE~~
flrJO Lf:0,\L SUn'[CIC:CY
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tly,~~ ' ....-. ...;. _ /' .
Count.y J\ttornoy
-9-
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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
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BEACH MALI);~
.i ;~
RD~ ..;.?~
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I: i~: ',:'ti
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.(5 R.807) &.
)N BEACH,
BOY NT 0 N WEST
FLORIDA
~N
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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.
,
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FIRST READING THIS
Gli.-
DAY OF
{C-~
It,
, 1982.
day of ~ ,
SECOND, FINAL READING and PASSAGE, this
1982.
CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
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City Clerk
(Corp. Seal)
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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"'
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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
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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.
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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
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'i limits of the City; and
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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
,
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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
,;
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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
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The motion was seconded by Commissioner Koehler
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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
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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
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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 " '
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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.!'