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O92-15ORDINANCE 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 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 COUNTY CH/8 (COMMERCIAL HIGH) TO LOCAL RETAIL COMMERCIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; AND PROVIDINGAN EFFECTIVE DATE. WHR~EA~, the City Commission of the City of Bolrnton Beachl Florida has adopted a Comprehensive Land Use Plan and as part od said Plan a Land Use Element by Ordinance No. 89-38 in accordance with the Local Gover~Lment Comprehensive Planning Act; and WHEREAS, certain parcels of land more particularly described hereinafter is being annexed in accordance with the applicatio~ by Kieran J. Kilday/Kilday & Associates, agents for Wichester,i Winchester, Zieher & Schroeder, a Florida General Partnership,/ Ernest Klatt, Bill R. Winchester, and Elsie A. Winchester ow-ner~ of the following property, into the City by Ordinance bein( adopted simultaneously herewith; and WHEREAS, the procedure for amendment of a Land Use Elemen of a Comprehensive Plan as set forth in Chapter 163, Ftori~ Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commissic deems it in the best interest of the inhabitants of said City amend the aforesaid Land Use Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINF_~ BY THE CITY COFA~ISSION OF T~ CITY OF BOYNTON BEACH, FLORIDA, 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 to 47, and Lots 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 beginning: Thence with a bearing of south 118' 43" East. A distance of 191.53 feet to a point: Thence with a bearing of South 43 07' 02" West. A distance of 35.00 feet to a point on the North right-of-way line of New Boynton Road (S.R. 804). Thence with a bearing of South 87 32' 47" West. Along the North right-of-wa~ line of Boynton 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 th West right-of-way of the Mall Road: Thence with a bearing of South 1 06' 06" East, along the West right-of-way line of the Mall Road. A distance of 7.83 feet to a point: Thence with a curve to the left having a radius of 2041.31 feet. A central angle of 9 05' 31". An arc length of 456.22 feet to a on~ ~ 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 Bo!rnton 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 bearing of South 45 46' 11" East. A distance of 34.98 feet to a point on the West right-of-way line of Congress Avenue: Thence with a bearing of South 1 22' 43" East along the West right-of-way line of Congress Avenue. A distance of 860.95 feet more or less to the point of beginning. Together with the following parcel: The Scuth 25.0 feet of the following described parcel: 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 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 ~ n~ ~ ~=~ 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 50.94 acres more or less and subject to easements and rights-of-way of record. Section 2: That any maps adopted in accordance with the Land Use Element of said Comprehensive Plan 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. Section 5: This Ordinance shall become effective immediately upon its final passage. FIRST READING this /9 day of /~ , 1992. SECOND, FINAL READING and PASSAGE this ~ day of ~ , 1992. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Mayor Vice/~Mayor ~ Commiss~er ORDINANCE ~092-14, 092-15, 092-16, 092-17 9c,,,,4<-