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O92-14 nton Beach ,I~I'-~ ~ Boynt~,, Be~l~'~Z3425.0310 '~ crt"Iy-Hol~.. (407) 734-8111 ~ F~: (407) 738.7459 0~¢ 72.~t P~. 254 ~ERTIFICATION I, SUZANNE M. KRUSE, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that attached Ordinance 9092-14, which consists of five pages, plus a map, is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. SUSANNE M. KRUSE CITY CLERK JUNE 4, 1992 Amerka'~ Gateway to the Gulfstream ORDINANCE NO. 092- 728 AN ORDINANCE OF THE CITY COMMISSI°N OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE MALL SOUTH APPLICATION ( EAST AND WEST SIDE OF WINCHESTER BOULEVARD, BETWF~N OLD BOYNTON ROAD AND BOYNTON BEACH BOULEVARD ) ANNEXING CERTAIN UNINCORPORATED TRACTS OF LAND THAT ARE CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON. ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044, AND 171.062(2), FLORIDA STATUTES; PROVIDING 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 AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING FOR AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION AND PROVIDING AN EFFECTIVE DATE. W--K~EAS, Kieran J. Kilday/Kilday & Associates, Inc., agents for Winchester, Winchester, Zieher & Schroeder, 'A Florida General Partnership, Ernest Klatt, Bill R. winchester, Elsie A. Winchester the owners of the following tracts of land hereinafter described, has filed a Petition for Annexation to the City of Boynton Beach, Florida, directed to the City Commissiom pursuant to Article I, Section 7 (32) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes~ and W-K-~%S, said tracts of land lying and being within Palm Beach County are contiguous to the existing City limits of the City of Bolrnton Beach, Florida and will, upon annexation, constitute a reasonably compact addition to the City territorY. 0~ 728~ P~ section 1: Pursuant to Article I, Section 7 (32) the Charter of the ¢it¥ of Bo~nton Beach, Florida Section 171.044, and 171.062(2), Florida Statutes, following described unincorporated and contiguous tracts of land situated and lying and being in the County of Palm Beach, Florida', to wit: A parcel of land lying in Section i9 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: Co~zaencing at the Southeast corner of Section 19, Township 45 South, Range 43 East; Thence with a bearingof 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-cf-way 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 Bolrnton Road: Thence with abearing 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 ~ingof South' 01 00' 33" East. A 256 of and the 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: ~hence 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 s~bject to easements and rights-of-way 'of record. is hereby annexed to the City of Boynton Beach, Florida, 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 Charter of the City of Boynton Beach, Florida, is hereby amended to reflect the annexation i of said tract of land more particularly described in Section 1 of this Ordinance. Section 3: That by Ordinance adopted simultaneously herewith, the proper City zoning designation and Land Use categor~r is being determined as contemplated in Section 171.162(2) Florida Statutes. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: 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 6: This Ordinance shall become effective immediately upon its final passage. section 7: SPecific authority { ~ h~mhv ~%-,~n ~ reverse curve: Thence with a curve to the left having a radius of 2301.99 feet, a central angle of 13 01' 36", and an arc length of 523.38 feet to a point: Thence with a bearing of South 1 18' 43" East, a distance of 2.15 feet more or less to the point of beginning. Together with the following parcel: Commencing at the Southeast corner of Sectio~ 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 Congres= 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 I 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 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 r%ght-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 South 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 b~aring of South 87 32' 47" West along , OTICE OF ANNEXA] ,ON The City of Boynton Beach proposes to annex the property indicated on the map below. A public hearing on this proposal will be held before the City Commission on June 2, 1992 at 7:00 P.M.. Thi.s-publlc hearing wlll be held in the City Commission Chambers in Boynton Beach City Hall at 100 East Boynton Beach Boulevard, Boynton Beach, Florida. ,/' PETITIONER: AGENT: PROJECT NAME: LOCATION: LEGAL: Bill R. Winchester Kieran J. Kilday/Kilday & Associates Mall South A 50.94-acre portion of the unincorporated enclave located between Old Boynton Rd. and Boynton Beach Blvd., west of Congress Avenue. Complete legal descrlp~ion on file in the Planning Department, 100 East Boynton Beach Boulevard, Boynton Beach, Fiorlda REQUEST: ANNEXJ%TION: Ordinance No. 92-14 (Proposed) ALL INTERESTED PARTIES ARE NOTIFIED TO APPEAR AT SAID HEARINGS IN PERSON OR BY ATTORNEY AND BE HEARD. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. PLEASE CALL (407) 738-7490 FOR ANY QUESTIONS REGARDING THE AB~DVE Section 8: This filed with the Clerk county, Florida. Ordinance, after adoption, shall be of the Circuit Court of Palm Beach FIRST READING this /'] SECOND, FINAL READING %../6W/J~' , 1'992. day of /;i¢. , 1992. and PASSAGE thiJ ~ day of ATTEST: City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor CO · loner j Commiss~er A: ANNEXMS. ORD 3/16/92 ORDINANCE %092-14,,092-15, 092-16, 092-17