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O92-17ORDINANCE NO. 092- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE MALL SOUTH PROPERTIES (EAST AND WEST SIDE OF WINCHESTER BOULEVARD, BETWEEN OLD BOYNTON ROAD AND BOYNTON BEACH BOULEVARD) AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING CERTAIN PARCELS OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COUNTY AR (AGRICULTURAL RESIDF~TiAL) TO C-3 (COMMUNITY COMMERCIAL) AND AG (AGRICULTURE); 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 Commission of the City of Bo!rnton Beach, Florida has adopted Ordinance No.. 91-70, Zoning Map was adopted for said City;~and in which a Revise¢ WHEREAS, the City Commission of Florida, is simultaneously herewith annexing certain parcels of land more herein into the City limits of City of Boynton Beach, adopting an OrdinanCE particularly described said City; and W~EREAS, Kieran J. Kilday/Kilday & Associates, agents fez Winchester, Winchester, Zieher, & Schroeder, a Florida Genera~ Partnership, Ernest Klatt, Bill R. Winchester, and Elsie A. Winchester owner of the following property-, has heretofore filed a Petition with the City of Boynton Beach, Florida, pursuant t( Section 9 of Appendix A-Zoning, of the Code of Ordinances, Cit of Boynton Beach, Florida, for the purpose of rezoning certai parcels of land consisting of approximately 50.94 acres locate( within the municipal limits of said City, said property heine more particularly described hereinafter, from AR (Agricultura Residential) to C-3 (Community Commercial) and AG (Agriculture) which requests that 50.94 acres of property be removed from th, boundaries of the AR to allow for the processing of the rezonin¢ Section 1: The following described lands, located in City of Boynton Beach, Florida, to-wit: A) A parcel of land lying in Section 19 and 30, of Township 45 South, Range 43 East. Said parcel being a portion of Lots 42-45-46-47-49 and 50 of the Subdivision of Section 19. Township 45 South, Range 43 East. As recorded in Plat Book 7, Page 19 of the Public Records of Palm Beach County, Florida and a portion of Lots A & B, Block 4 and 5, lying north of State Road 804 as recorded in Plat of Palm Beach Farms Company Plat No. 8 in Plat Book 5, Page 73 of the Public Records of Palm Beach County, Florida. Said parcel being more fully described as follows: Commencing at the Southeast corner of Section 19, Township 45 South, Range 43 East; Thence with a bearing of South 87 32' 47" West. Along the south line of Section 19, a distance of 1095.70 feet to the point of beginr~ing: Thence with a bearing of south 118' 43" East. A distance of 191.53 feet to a point: Thence with a bearing of S~th 43 07' 02" West. A distanc~ of 35.00 feet to a point on the North right-of-way line of New Bo!rnton Road (S.R. 804). Thence with a bearing of South 87 32' 47" West. Along the North right-of-way line of Bo!rnton Road. A distance of 510.27 feet: Thence with a bearing of North 01 10' 38" West. A distance of 216.05 feet to a point: Thence with a bearing of South 87 32' 47" West. A distance of 334.88 feet: Thence North 0 57' 44" West. A distance of 661.80 feet: Thence South 87 35' 13" West. A distance of 327.71 feet: Thence with a bearing of North 01 01' 32" West. A distance of 612.58 feet to appoint on the South right-of-way line of Old Boynton Road: Thence with a bearing of North 89 50' 22" east. Along a line lying 40.00 feet south of and parallel to the centerline of Old Boynton Road, a distance of 965.32 feet: Thence with a bearing of South 01 00' 33" East. A distance of 253.01 feet: Thence with a bearing of North 88 09~ 11" East. A distance of 337.55 feet, to a point on the West right-of-way of the Mall Road: Containing 32.31 acres more or less and subject to easements and rights-of-way of record. be and the same is hereby rezoned from AR (County Agricultural Residential to AG (Agriculture). B) A parcel of land lying in Section 19 and 30, of Township 45 South, Range 43 East. Said parcel being a portion of Lots 39-40-41-43 and 44 of the Subdivision of Section 19. Township 45 South, Range 43 East. As recorded in Plat Book 7, Page 19 of the Public Records of Palm Beach County, Florida and a portion of Lots A & B, Block 4 and 5, lying north of State Road 804 as recorded in Plat of Palm Beach Farms Company Plat No. 8 in Plat Book 5, Page 73 of the Public Records of Palm Beach County, Florida. Commencing at the Southeast corner of Section 19, Township 45 South, Range 43 East. Thence with a bearing of South 87 32' 47" West along the South line of Section 19. A distance of 60.00 feet to a point on the West right-of-way line of Congress Avenue: Thence with a bearing of North 01 22' 43" West. Along the West right-of-way line of Congress Avenue. A distance of 300.00 feet to the point of beginning: Thence with a bearing of South 87 32' 47" West. A distance of 390.00 feet: Thence South 68 03' 48" West. A distance of 571.09 feet to a point on Winchester Park Blvd.: Thence with a curve to the right along the east right-of-way line of Winchester Park Blvd. Having a chord bearing of North 06 37' 56" East: A radius of 2193.99 feet. A central angle of 10 09' 54" and an arc length of 389.24 feet: Thence with a reverse curve to the left having a chord bearing of North 05 16' 24" West. A radius of 2149.31 feet. A central angle of 12 48' 59" and an arc length of 480.78 feet to a point: Thence North 1 06' 06" West. Along the East right-of-way of Winchester Park Blvd., a distance of 223.72 feet: Thence North 44 22' 08" East. A distance of 35.64 feet, to a point on the South right-of-way line of Old Boynton Road: Thence with a bearing of North 89 50' 22" East. Along the South right-of-way line of Old Boynton Road. A distance of 763.72 feet; Thence, with a bearina of ~h ~ ~, 45 South, Range 43 East. Thence, with a bearing of South 87 32' 47" West along the South line of Section 19. A distance of 793.74 feet to a point. Said point being the point of beginning: Thence South 01 18' 43: East. A distance of 25.0 feet: Thence South 87 32' 47" West. Along a line 25.0 feet South of and parallel with the South line of Section 19. A distance of 193.94 feet to a point on the East right-of-way line of Winchester Park Blvd.: Thence North 01 18' 43" west along the East right-of-way line of Winchester Park Blvd. a distance of 25.0 feet: Thence with a curve to the right along said east right-of-way line having a chord bearing of North 00 59" 06" West. A radius of 2193.99 feet. A central angle of 00 39' 11" and an arc length of 25.01 feet: Thence North 87 32' 47" East. A distance of 193.80 feet: Thence South 87 32' 47" West. A distance of 25.0 feet more or less to the point of beginning. Containing subject to of record. 18.63 acres more or less and easements and rights-of-way be and the same is hereby rezoned from AR (County Agricultural Residential to C-3 (Community Commercial). A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3: Ail 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. ATTEST; Ci~ Clerk (Corporate Seal) REZMS. ORD 3-13-92 CITY OF BOYNTON BEACH, FLORIDA /Mayor ~ner Commiss~er .LOCATION MAP MALL :SOUTH: BEACH ORDINANCE $092-14, 092-15, 092-16, 092-17