LEGAL APPROVAL
ORDINANCE NO. 092- 2/
I
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AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING THE TEXT OF THE SUPPORT
DOCUMENTS OF THE FUTURE LAND USE EL~~~L>
. OF THE COMPREHENSIVE PLAN IN CONNECTION
WITH THE EXPANSION OF THE WATER
TREATMENT PLANT; SAID TEXT AMENDMENT
WlLL ALLOW THE PUBLIC & PRIVATE
GOVERNMENTAL/INSTITUTIONAL LAND USE
DESIGNATION; PROVIDING A CONFLICTS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AUTHORITY FOR CODIFICATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Conunission of the City of Boynton
Beach, Florida has adopted a Comprehensive Plan and as part
of said Plan a Future Land Use Element by Ordinance 89-38 in
accordance with the Local Government Comprehensive Planning
Act; and
WHEREAS, Christopher Cutro, agent for the City of
Boynton Beach, Florida has applied to amend a portion of the
Support Documents of the Future Land Use Element entitled
Land Use Problems and Opportunities, Planning Area No.4,
Area 4.e., for the purpose of allowing the Public & Private
Governmental/Institutional land use designation; and
,I
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WHEREAS ,
the
procedure
for
amendment
of
the
Comprehensive Plan as set forth in Chapter 163, Florida
Statutes, has been followed; and
'I
,I WHEREAS, after public hearing and study, the City
Conunission deems it in the best interest of the inhabitants
of said City to amend the text of the aforesaid Support
Documents of
the
Future Land Use
Element of
the
Comprehensive Plan as adopted by the City herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The portion of the Support Documents of the
Future Land Use Element entitled Land Use Problems and
Opportunities, Planning Area 4, Area 4.e. is hereby amended
by deleting the words and figures in the strike-through type
as follows:
--
~
Vacant Parcel South of Water Treatment
,
'I
Plant on S. Seacrest Boulevard.
There are approximately 7.8 acres of
vacant property lying to the south of
the City's water treatment plant, along
the east side of Seacrest Boulevard.
This property should remaift--ift--i~~
~reseft~--lafta--~se--ela~siriea~ieft--afta
s^e~la ---],e
developed
either
for
residential or institutional use. The
demand for conunercial floor space will
not increase significantly enough to
warrant conunercial use of this property.
Any increased demand for conunercial land
which does occur should be acconunodated
in the CBD district and the Coastal
Area.
Furthermore,
conunercial
development
would
degrade
the
residential
environment
of
the
neighborhood, and would cause serious
traffic congestion on roads in the
vicinity.
Another possible use of the
property would be for the expansion of
the
water
treatment
plant
and/or
wellfield, -afta -ir -~~ea -a~ -~~e^, -~^e
F~~~re -E>afta -g~e -Ma~ -ea~e~ery -~^e~la -],e
eeft~~r~ea--~e--],e--P~lie--afta--Priva~e
6everftmeft~alf%ft~~i~~~ieftalT
Recreational use would be a possible use
for any portion of the property which is
not used for the water plant expansion.
If the water treatment plant is expanded
at this location, the site should be
designed so as to minimize adverse
impacts on the surrounding residences.
il
" Section 2: That all ordinances or parts of ordinances in
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,
conflict herewith be and the same are hereby repealed.
Section 3:
Should any section or provision
of
this
ordinance or portion hereof, any paragraph, sentence, or work be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this Ordinance.
Section 4 :
Authority is hereby granted to codify said
ordinance.
Section
5:
This
Ordinance
shall
become
effective
inunediately upon its final passage.
FIRST READING this
I) >"1
this
i " day of
, 1992.
d? day
SECOND,
F-'
FINAL
READING
and
of
PASSAGE
1992.
CITY OF BOYNTON BEACH, FLORIDA
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Mayor
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ATTEST:
'6~w'~~
Ci Y Clerk
(Corporate Seal)
A:TEXWATER.ORD
3/18/92
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ORDINANCE NO. 092- 2.C
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE EXPANSION OF THE WATER
TREATMENT PLANT (VACANT PARCELS SOUTH OF
-WATER TREATMENT PLANT ON SOUTH SEACREST
BOULEVARD) AMENDING ORDINANCE 89-38 OF
SAID CITY BY AMENDING THE LAND USE
ELEMENT OF THE COMPREHENSIVE PLAN OF THE'"
CITY BY ADOPTING THE PROPER LAND USE OF
CERTAIN PROPERTY, MORE PARTICULARLY
DESCRIBED HEREINAFTER; SAID LAND
DESIGNATION IS BEING CHANGED FROM
MEDIUM DENSITY RESIDENTIAL TO PUBLIC &
PRIVATE GOVERNMENTAL/INSTITUTIONAL;
PROVIDING A SAVINGS CLAUSE; PROVIDING
REPEALING PROVISIONS; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City Conunission of the City of Boynton
Beach, Florida has adopted a Comprehensive Land Use Plan and
as part of said Plan a Land Use Element by Ordinance No.
89-38 in accordance with the Local Government Comprehensive
Planning Act; and
WHEREAS, Christopher Cutro, Planning Director and agent
for the City, has heretofore requested the above mentioned
Land Use Element Amendment; and
WHEREAS, the procedure for amendment of a Land Use
Element of a Comprehensive Plan as set forth in Chapter 163,
Florida Statutes, has been followed; and
WHEREAS, after pUblic hearing and study, the City
Conunission deems it in the best interest of the inhabitants
;!
1
1
of said City to amend the aforesaid Land Use Element of the
Comprehensive Plan as adopted by the City herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: Ordinance No. 89-38 of the City is hereby
amended to reflect the following:
That the Land Use of the fOllowing described land shall
be
designated
Public
Private
&
Governmental/
as
Institutional. Said land is more particularly described as
follows:
All of Tract 2 of the Subdivision of the
West 3/4 of Section 33, TownShip 45
South, Range 43 East, as recorded in
Plat Book 1, Page 4 of the Public
Records of Palm Beach County, Florida,
lying West of the West right-of-way of
the F.E.C Railroad, and East of the East
right-of-way of Seacrest Boulevard.
--
~
Containing 7.97 acres, more or less.
'I Section 2: That any maps adopted in accordance with
i
the Land Use Element of said Comprehensive Plan shall be
amended accordingly.
Section 3: All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 4:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
Section 5:
This Ordinance shall become effective
inunediately upon its final passage.
FIRST READING this
r.
I -1 day of
/Ii'~'j
this ~
, 1992.
SECOND, FINAL READING and PASSAGE
--
\.JUde , 1992.
day of
CITY OF BOYNTON BEACH, FLORIDA
~_.-,'- l)~,.. ";~ ,
Mayor
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Vice yor
ATTEST:
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(Corporate Seal)
A: LUAWATER.ORD
3/18/92
tl.sr 01'- f'f!cfLte'T'y OWI>'Efl)
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ORDINANCE NO. 092- 22.
!i
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE EXPANSION OF THE WATER
TREATMENT PLANT, (VACANT PARCELS SOUTH
OF WATER TREATMENT PLANT ON S. SEACREST
BOULEVARD) AMENDING ORDINANCE 9l-70 OF
SAID CITY BY REZONING A CERTAIN PARCEL
OF LAND MORE PARTICULARLY DESCRIBED
HEREIN, FROM R-2 (DUPLEX RESIDENTIAL)
TO PU (PUBLIC USAGE); AMENDING THE
REVISED ZONING MAP ACCORDINGLY;
PROVIDING A CONFLICTS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City Conunission of the City of Boynton
Beach, Florida has adopted Ordinance No. 91-70, in which a
Revised Zoning Map was adopted for said City; and
WHEREAS, Christopher Cutro, Planning Director and agent for
this City, has heretofore filed a Petition with the City of
Boynton Beach, Florida, pursuant to Section 9 of Appendix A -
Zoning, of the Code of Ordinances, City of Boynton Beach,
Florida, for the purpose of rezoning a certain parcel of land
consisting of approximately 7.47 acres located within the
,
'I
,;
municipal limits of said City, said property being more
particularly described hereinafter,
from R-2
(Duplex
Residential) to PU (Public Usage); and
WHEREAS, the City Commission deems it in the best interests
of the inhabitants of said City to amend the aforesaid Revised
Zoning Map as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The following described land, located in the
City of Boynton Beach, Florida, to-wit:
All of Tract 2 of the Subdivision of the
West 3/4 of Section 33, Township 45
South, Range 43 East, as recorded in
Plat Book 1, Page 4 of the Public
Records of Palm Beach County, Florida,
lying West of the West right-of-way of
the F.E.C Railroad, and East of the
East right-Of-way of Seacrest Boulevard.
Containing 7.97 acres, more or less.
be and the same is hereby rezoned PU (Public Usage).
Section 2: That the aforesaid Revised Zoning Map of
the City shall be amended accordingly.
Section 3: All ordinances or parts of ordinances in
conflict herewith
se~on 4:
are hereby repeal~d.
Should any secti~
or
provision of this
i
i:
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
This Ordinance shall become effective
immediately upon its final passage.
'i day of
i ^ j
this
day of
FIRST READING this
, 1992.
d'
CITY OF BOYNTON BEACH, FLORIDA
4.ir~ U~d_.
Mayor
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Cit Clerk
(Corporate Seal)
A: REZWATER.ORD
SECOND, FINAL READING and PASSAGE
(7/~AV// , 1992.
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Section 5:
ATTEST;
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RECORD AND RETURN TO:
THIS INSTRUMENT WAS PREPARED BY:
DONALD J. DOODY, ESQUIRE
JOSIAS & GOREN, P.A.
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, FL 33308
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WARRANTY DEED
~
THIS INDENTURE, made this ~ day of May, 1991, between
ROBERT J. ROSE, JR., a single man, (hereinafter referred to
as "Grantor") and THE CITY OF BOYNTON BEACH, a municipal
corporation, (T.I.N. No. 59-6000282) and whose post office
address is 100 E. Boynton Beach Blvd., P. o. Box 310, Boynton
Beach, Florida 33425, (hereinafter referred to as "Grantee").
WIT N E SSE T H:
That said Grantor, for and in consideration of the sum of
TEN
($10.00)
DOLLARS,
and
other
good
and
valuable
considerations to Grantor in hand paid by Grantee, the receipt
whereof is hereby acknowledged, has granted, bargained and
sold to the Grantee, and Grantee's heirs and assigns forever,
the following described land, situate, lying and being in Palm
Beach County, Florida, to wit:
That part of the West 3/4 of Lot 2, East of
Seacrest Boulevard, and that part of the East
1/4 of the North 1/2 of Lot 2, lying West of
the Florida East Coast Railway, less the South
125 feet thereof, and less the South 1/2 of the
East 1/4 of Tract 2, section 33, Township 45
South, Range 43 East, Palm Beach County,
Florida.
Folio No. 08434533140000024
Grantor hereby states that this is not his homestead
property and he currently resides at 108 Forest Avenue, Locust
Valley, New York 11560.
SUBJECT TO:
Taxes for current year and subsequent years,
zoning and/or restrictions and prohibitions
imposed by
governmental authorities, and easements and restrictions and
other matters appearing on the plat andJor common to the
subdivision.
Grantor does hereby fully warrant the title to said land,
and will defend the same against the lawful claims of all
persons whomsoever.
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IN WITNESS WHEREOF, Grantor has hereunto set Grantors'
hand and seal the day and year first above written.
Signed, sealed and delivered
in our presence:
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COUNTY OF NASSAU
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STATE OF NEW YORK
I HEREBY CERTIFY that on this day before me, an officer
duly qualified to take acknowledgements, personally appeared
Robert J. Rose, Jr., a single man, described in and who
executed the foregoing instrument and he acknowledged before
me that he executed the same.
WITNESS my hand and
last aforesaid this f).. q
official seal in the County and State
day of Mr' 1991. ~
{j~/'{, (. ~-
N ARY PUBLIC~
My Commission Expires:
DJD/jrm
, \REALEST\WARRDEED
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HOWARD TBCI,~M P;~^l\l, JR.
NOTARY :,118\;::,:-" '.~',;'-,_ _~~ ;':'':''N York
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']'.-:(',:'; '.~-.+Y
C:;:r',. 1-'1"'.1 i:', :. ~.'( C::,unty
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RECORD VERIFIED
PALM BEACH COUNTY, FLA
.fOHN B. DUNKLE
CLERK CIRCUIT COURT
(enClose self~addressea slalllP~(-'V-"
W jJ..f. c-c:1.J.1- FF.j ~T,
WARRANTY CE~D
INOIVIO. TO INOl\110
RAMeo FORM 01
Addresa:
-------,
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j,i.t c\f- JUL -18-1991 09: 47am 91-2035"65'
!
This Instrument Prepared by:
Gene Moore, Lawyer
Add.... 639 E Ocean Avenue
Boynton Beach, Fla.
33435
Property Appraisers Parcel 1.0. (Folio) Number(s):
08 43 45 33 14 000 0021
08 43 45 33 14 000 0022
Grantee(s) 8.8.#(s):
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~~i1'{-24-19'71 G'7:59am 91-146402
ORe, 6834 29 1406
Con
~OHN
35,000.00 GD\:
E GUNhtE,CLERr\ - 2:,
~,-S7.5G
CGUNTYJ FL
ORB 6894 P9 1 77'5
SPACE ABOVE THIS UNE FOR PROCESSING DATA
SPACI: ABOVE THIS LINE FOR AECOADINft DATA
This 'Warranty 19eed Made the 8th
GENE MOORE, a single man, a/k/a
day of May
Gene Moore, III,
A. D. 19 91
a single man
by
hereinafter called the grantor, to CITY OF BOYNTON BEACH, FLORIDA, a Florida
Municipal Corporation located in Palm Beach County, Florida.
whose posloFFice address is Post Office Box 310, Boynton Beach, Fla. 33425-0310
hereinafter called the grantee;
(Wherever u~ed hert'in th., Itrm' "I(rant.,r" and ~'lI:ranl..t" include all thl' parties 10. this iMITllffil'nl. and
the hl'iT~. 1t'''(aJ Tl'pn"'l'ntat;"., and a"illm of ind,qduah. and the "lCCI',"ors and a'\1I(n5 of corporatIOn.)
lltfitnesseth: Tlwf tll(> nranlor. for and in consideration of IIIe sum of $10.00 and other
lIo1uahle considerations. rpcc>ipt wlwrc>of is It<>rehy aclmowlt'drwd, IH'n.hy grants. hargains, sells, aliens, re~
mises, releases. conveys and confirms unto tlw grantee!, all fllat certain lartel siluate in Palm Beach
County, Florida. vi" PARCEL I: The South 125 feet of the North 1/2 of Eastl/4
of LOT 2 West of Ry. Subdivision, Sectior. 33, Township 45 South, Range
43 East, Palm Beach County, Florida. PARCEL II: The South Half of the
~ast Quarter of LOT 2 of the Subdivision of Section 33, Township 45 South
Range 43 East, lying West of the West right-of-way of the Florida East
Coast Railroad, according to the Plat thereof on file in the office of
the Clerk of the Circuit Court in and for Palm Beach County, Florida,
Plat Book 1 at Page 4. TOGETHER with all right title and interest' of ,
Grantor in and to 25 foot Right of Way described in Deed Book 267 at Page
47 and.Deed Book 333 at Page 459 of the Public Records of Palm Beach
Count~ Fl~. SUBJECT TO: easements, reservations, res~rictions and taxes*
-ll ogtlner wHit all the tenements, hereditaments and appurtenances thereto belonging or in any-
wise appertaining. *for the year 1991 and thereafter.
Jo Malle and to Jrlold, the same in fee simple forever.
Rnd the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land
in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the
grantor herehy fully warrants the title to said land and will defend the same against the lawful claims of
all persons whomsoever; and that said land is free of all encumbrances. except taxes accruing suhsequent
to December 31. 19 90 THIS INSTRUMENT IS BEING RE-RECORDED TO CORRECT
LEGAL DESCRIPTION THAT WAS INCOMPLETE IN ORIGINAL RECORDED DOCUMENT
IN ORB 6834 AT PAGE 1406 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLA
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'Moore;' "a/k/a"Geri'e M6ore-I I
.RECORD VERIFIED..... .. (II
PALM BEACH COUNTY, FLA
JOHN 8, DUNI<lE
CLERK CIRCUIT COURT
HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State aforesaid and in the County aforesaid. to take acknowledgments, personally appeared
Gene Moore, a single man, a/k/a Gene Moore, III
In~' ess 'Whereof, the said grantor
first a e writ en. ;)
Sign/ ed and deli~ z:.,'pr senee:
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has
STATE OF FLORIDA
COUNTY OF PALM BEACH
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to mc known to be the person described in and who executed the foregoing instrument and he
acknowledged
before me that he executed the same.
w~:;'" .~";' ,;"~ ~"""' ,", '" ," C""." '"' ?::J!~": ;;h .) '" ·
OfflClAL~ " V ~-<-l..&--
My commission ~ i$~l89~' 'Not~;:~;',~~~~'~'~~~;~i';lL':'s:T""'
JOHN B. DUNKLE
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