O90-64ORDINANCE NO. ~90-~ ~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE MALL CORNER RESTAURANT (SW
CORNER OF THE INTERSECTION OF (MALL
ROAD) WINCHESTER BLVD. AND OLD BOYNTON
ROAD) 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 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 AN EFFECTIVE DATE; PROVIDING
AUTHORITY TO CODIFY; PROVIDING THAT THIS
ORDINANCE SMALL BE FILED WITH THE CLERK
OF THE CIRCUIT COURT OF PALM BEACH
COUNTY, FLORIDA, UPON ADOPTION; AND FOR
OTHER PURPOSES.
WHEREAS, Kieran J. Kilday/Kilday & Associates, Inc.,
gents for Mall Corner, Inc., c/o Schroeder & Larche, P.A.,
the owners of the following tract of land as hereinafter
ed, have filed a Petition for Annexation to the City
3f Boynton Beach, Florida, directed to the City of Boynton
~each, Florida, directed to the City Commission pursuant to
I, Section 7 (32) of the Charter of the City and
171.044, and 171.062(2), Florida Statutes; and
WHEREAS, said tract of land lying and being within Palm
County is contiguous to the existing City limits of
City of Boynton Beach, Florida and will, upon its
Lon, constitute a reasonably compact addition to the
2ity territory; and
NOW, THEREFORE, BE IT ORDAINED BY THE
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1: Pursuant to Article I, Section 7(32) of
Charter of the City of Boynton Beach, Florida, Sections
.044 and 171.062(2), Florida Statutes, the following
.bed unincorporated and contiguous tract of land
CITY COI~ISSION
~ituated and lying and being in the County of Palm Beach,
, to wit:
A portion of Lot 42 of Subdivision
Section 19, Township 45 South, Range 43
East as recorded in plat Book 7, at Page
19, of the Public Records of Palm Beach
County, Florida, less the South 320.00
feet and less the North 20.00 feet for
road right-of-way and being more
particularly described as follows:
Commencing at the Northeast corner of
said Lot 42; thence run along the East
line of said Lot 42 on an assumed
bearing of South 01° 06'03" East a
distance of 20.00 feet to a point of
intersection of the South right-of-way
line of Old Boynton Road and the West
right-of-way line of Winchester Park
Boulevard as now exists, said point also
being the Point of Beginning; thence
continue South 01° 06' 03" East along
the said West right-of-way line of
Winchester Park Boulevard a distance of
243.08 feet; thence South 88° 09' 06"
West a distance of 307.55 feet to a
point on the West line of said Lot 42;
thence North 01° 00' 33" West along the
West line of said Lot 42, a distance of
124.60 feet; thence North 89° 50' 16"
East a distance of 139.90 feet; thence
North 01° 00' 33" West a distance of
127.53 feet to a point on the said South
right-of-way line of Old Boynton Road;
thence North 89° 50' 16" East along the
said South right-of-way line a distance
of 167.26 feet to the Point of
Beginning.
ts hereby annexed to the City of Boynton Beach, Florida, and
land so annexed shall be and become part of the City
the same force and effect as though the same had been
Driginally incorporated in the territorial boundaries
thereof.
Section 2: That Section 6 and 6(a) of the Charter
)f the City of Boynton Beach, Florida, is hereby amended to
the annexation of said tract of land more
)articularly described in Section 1 of this Ordinance.
Section 3: That by Ordinance adopted simultaneously
~erewith, the proper City zoning designation and Land Use
=ategory is being determined as contemplated in Section
171.162(2) Florida Statutes.
Section 4: Ail ordinances or parts of ordinances in
~onflict herewith are hereby repealed.
Section 5: Should any section or provision of this
ice or any portion thereof be declared by a court of
~eeks in a newspaper of
~oynton Beach, Florida,
Florida Statutes.
Section 7: This Ordinance shall become
Lmmediately upon its final passage.
Section 8: Specific authority is hereby given to
codify this Ordinance.
Section 9:
filed with the
~ounty, Florida.
FIRST READING this ~ day of ~_~//~-~ ,
[990.
SECOND, FINAL READING and PASSAGE this /f day of
~/~/~ , 1990.
competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
Section 6: This Ordinance shall not be passed until
the annexation has been advertised for four (4) consecutive
general circulation in the City of
as required by Section 171.044,
aTTEST:
effective
This Ordinance, after adoption, shall be
Clerk of the Circuit Court of Palm Beach
~0mmissione~ ~
Commissioner
~NNEX2.DOC
~1/28/90
~. No. 2