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04-019 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 ORDINANCE NO. 0/4--OIq AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING 17.12 ACRES OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WII.I., UPON ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO ARTICI.E 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 THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE; PROVIDING THAT THIS ORDINANCE SHALL BE FII~ED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION. WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the development of an Annexation Program; and WHEREAS, National Land Company, Inc., through its agents, Michael J. Covelli, Caulfield & Wheeler, Inc., as owner of the property more particularly described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a certain tract of land consisting of approximately +17.12 acres; and WHEREAS, the City of Boynton Beach hereby exercises its option to annex the following tract of land as hereinafter described, in accordance with Article I, Section 7 (32) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and WHEREAS, said tract of land lying and being within Palm Beach County is S: \CA'\Ordinances \Planning\Annexations \Annexation - Bermuda Bay. doc contiguous to the existing city limits of the City of Boynton Beach, and will, upon its 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 annexation, constitute a reasonably compact addition to the City temtory. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That each and every Whereas clause is tree and correct. Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of Boynton Beach, Florida and Section 171.044, Florida Statutes the following described unincorporated and contiguous tract of land situated and lying and being in the County of Palm Beach, Florida, to wit: A PARCEL OF LAND LYING IN SECTION 5, TOWNSHI~ 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHERE THE EAST RIGHT-OF-WAY OF STATE ROAD 9 (I- 95) INTERSECTS THE NORTH LINE OF THE SOUTH 3A OF THE SOUTH ½ OF SAID SECTION 5, SAID POINT ALSO BEING 387.38 FEET (AS MEASURED ALONG SAID EAST RIGHT-OF-WAY LINE) SOUTH OF THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, "LAKE VIEW HAVEN", AS RECORDED IN PLAT BOOK 32, PAGES 53 AND 54 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID RIGHT-OF-WAY LINE S18°31'15"W (ASSUMED). A DISTANCE OF 950.91 FEET THENCE N 65°52"48"E, A DISTANCE OF 90.85 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 106.26 FEET AND A CENTRAL ANGLE OF 53°41'47" A DISTANCE OF 99.58 FEET; THENCE S59°34' 14"E A DISTANCE OF 99.58 FEET; THENCE S 59034, 14"E, A DISTANCE OF 93.09 FEET; THENCE N30°25'46"E, A DISTANCE OF 137.40 FEET; THENCE S89°34'14"E, A DISTANCE OF 275.96 FEET; THENCE N01°39'45"E, A DISTANCE OF 125.40 FEET; THENCE N37°41'35"E, A DISTANCE OF 88.34 FEET; THENCE N00°52'00"E, A DISTANCE OF 5.28 FEET TO THE INTERSECTION OF THE WESTERLY LINE OF BLOCK 1, "LAKE EDEN SUBDIVISION PLAT NO.2", AS RECORDED IN PLAT BOOK 29, PAGE 53, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N21°14'45"W ALONG SAID WESTERLY LINE OF BLOCK 1, A DISTANCE OF 803.98 FEET TO THE MOST WESTERLY CORNER OF LOT 1 OF SAID BLOCK 1 OF "LAKE EDEN SUBDIVISION PLAT NO. 2"; THENCE N18°30'15,'E ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 101.11 FEET TO THE SOUTHEAST CORNER OF PARCEL A, AS SHOWN ON THE PLAT OF "LAKE VIEW HAVEN", AS RECORDED IN PLAT BOOK 32 ON PAGES 53 AND 54, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N71°28'45"W S: \CA\Ordinances \Plann~ ng\Annexa~ions \Annexation Bermuda Bay. doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 ALONG THE SOUTH LINE OF SAID PARCEL A, A DISTANCE OF 199.88 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL A; THENCE N18°31'15"E ALONG THE WEST LINE OF SAID PARCEL A, A DISTANCE OF 60.00 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 1, OF THE SAID PLAT OF "LAKE VIEW HAVEN"; THENCE N71°28'45"W ALONG THE SOUTH LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 110.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1, BLOCK 1 AND THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD 9 (I-95); THENCE S18°31'15"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE , A DISTANCE OF 387.38 FEET TO THE POINT OF BEGINNING AFOREDESCRIBED. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. CONTAINING 745,806 SQUARE FEET/17.121 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS AND RIGHTS-OF-WAY OF RECORD. CONTAINING APPROXIMATELY +17.12 ACRES OF LAND 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 of said tract of land more particularly described in Section 1 of this Ordinance. Section 3: That by Ordinances adopted simultaneously herewith, the proper City zoning designation and Land Use category 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 not be passed until the same has been advertised S:\CA\Ordinances\Planning\Annexations\Anr~exation - Bermuda Bay.doc 1 :for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 6 8 9 10 11 12 13 14 15 16 17 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. Section 7. Section 8. Section 9. Circuit Court of Palm Beach County, Florida. FIRST READING this 7 day of ~ O~"~' [ ,2004. ! FINAL READING and PASSAGE this oQO day of {~Oc~ [ SECOND, This ordinance shall become effective immediately upon passage. Specific authority is hereby given to codify this Ordinance. This ordinance, after adoption, shall be filed with the Clerk of the CITY OF BOYNTON BEACH, FLORIDA 18 c__~.--. Commissioner C on>rn, i s si oj~r-'~_~ 2 B A~E~T: 27 28 S:\CA\Ordinances\P!anning\Ar. nexations\Annexation - Bermuda Bay.doc ,2004. 1 in. = 500.0 feet BERMUDA BAY EXHIBIT "A"