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O90-60ORDINANCE No.og0-~O 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), 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 (AGRIGULTRUAL RESIDENTIAL) TO COMMERCIAL LOCAL RETAIL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Commission of the City of Boynton 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, a certain parcel of land more particularly ~escribed hereinafter is being annexed in accordance with the application by Kieran J. Kilday/Kilday & Associates, Inc., agent for mall Corner, Inc., c/o Schroeder & Larche, P.A., the owners of the following property, into the City by Ordinance being adopted simultaneously herewith; 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 2ommission deems it in the best interest of the inhabitants 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 CIT~ CO~4ISSION 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 designated as Commercial Local Retail. Said land is more ularly described as follows: 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. ~he Section 2: That any maps adopted in accordance with Land Use Element of said Comprehensive Plan shall be ~ accordingly. Section 3: Ail ordinances or parts of ordinances in ~onflict herewith are hereby repealed. Section 4: Should any section or provision of this nce or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall affect the remainder of this Ordinance. Section 5: This immediately upon passage. FIRST READING this Ordinance shall become effective ~ day of December, 1990. SECOND, FINAL READING and PASSAGE this /~ day of )ecember, 1990.  RIDA yor ~ ] Con{mi s s ibner (CorPOrate Seal ) 5ANDU~2 ~ DOC 11/28/90