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04-034 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. 04- O.~ q AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING 2.46 ACRES OF LAND THAT IS CONTIGUOUS TO THE CITY LIMiTS WiTHIN PALM BEACH COUNTY AND THAT WILL, UPON ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADD1TION TO THE CITY TERRITORY, PURSUANT TO ARTICI.F. 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 FILED 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, Southern Homes of Palm Beach IV, LLC, through its agent, Carols J. Balbe/Keith & Balbe, 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 2.46 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\Ar. nexation - Bayfron~.doc 1 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its 2 annexation, constitute a reasonably compact addition to the City territory. 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 4 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 5 Section 1. That each and every Whereas clause is true and correct. 6 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of 7 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described 8 unincorporated and contiguous tract of land situated and lying and being in the County 9 of Palm Beach, Florida, to wit: 10 Lots 56 & 57, "Amended Plat of Tradewind Estates" according to the Plat thereof as 13- recorded in Plat Book 21, Page 73 of the Public Records of Palm Beach County, Florida, 12 Less a portion of Lot 57 for Right-of Way of State Road No. 5 as shown on State of Florida 13 State Road Department right-of-way map section No. 9301-205. 14 15 CONTAINING APPROXIMATELY 2.46 ACRES OF LAND 16 3_7 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall 3_ 8 be and become part of the City with the same force and effect as though the same had 19 been originally incorporated in the territorial boundaries thereof. 2 0 Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton Beach, 2 3_ is hereby amended to reflect the annexation of said tract of land more particularly 2 2 in Section 1 of this Ordinance. 2 3 Section 3: That by Ordinances adopted simultaneously herewith, the proper City 24 ~'oning designation and Land Use category is being determined as contemplated in Section 25 [71.162(2), Florida Statutes. 2 6 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 27 28 Section 5: Should any section or provision of this Ordinance or any portion thereof S: \CA\Ordinances\Planning\Annexations\Annexation - Bayfront. doc 1 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 7. Section 8. Section 9. Circuit Court of Palm Beach County, Florida· 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 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. 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 FIRST READING this I~ day of ~[i~1~ ,2004. SECOND, FINAL READING and PASSAGE this [ day Of A~, CITY OF BOYNTON BEACH, FLORID ATTEST: 27 - ~ 28 29 3O 31 2004. S: \CA\Ordinances\Planning\Annexations\Annexation Bayfront .doc The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561} 742-6060 FAX: {561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-bcach.org Illll lllffi lllllllilllilllJllllllililllll CFN 20040347195 OR BK 17121 PG 0882 RECORDED 06/16/2004 10:07:38 Palm Beach County, Florida Dorothy H Wllken, Clerk of Court CERTIFICATION I, JANET M. PRAINITO, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached City of Boynton Beach, Code of Ordinance #04-034 consisting of three (3) pages and a one page map is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 9th day of June, 2004. (SEAL) America's Gateway to the Gulfstream 1 2 3 4 5 6 7 8 9 10 11 12 i3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 ORDINANCE NO. 04- (3 ~ q AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING 2.46 ACRES OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITH/N PALM BEACH COUNTY AND THAT UPON ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, 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 THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALIJ BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; PROVIDING FOR CONFLICTS, SEVERABILITY, CODII~ICATION 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, Southern Homes of Palm Beach IV, LLC, through its agent, Carols J. Balbe/Keith & Balbe, 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 2...46 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'~Ordina~nces \Planning\Annexations\Annexation - Bayfron~. 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 contiguous to the existing city limits of the City of Boynton Beach. and will, upon its annexation, constitute a reasonably compact addition to the City territory. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACI-I, FLORIDA, THAT: Section 1. That each and every Whereas clause is true 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: Lots 56 & 57, "Amended Plat of Tradewind Estates" according to the Plat thereof as recorded in Plat Book 21, Page 73 of the Public Records of Palm Beach County, Florida, Less a portion of Lot 57 for Right-of Way of State Road No. 5 as shown on State of Florida State Road Department right-of-way map section No. 9301-205. CONTAINING APPROXIMATELY 2.46 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, ?lorida, is hereby amended to reflect the annexation of said tract of land more particularly :lescribed in Section I of this Ordinance. Section 3: That by Ordinances adopted simultaneously herewith, the proper City ~oning 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 'epealed. Section 5: Should any section or provision of this Ordinance or any portion thereof S: \CA\Ordinances\Planning\Annexations \Annexation - Baltfron~, doc 1 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 8 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 remainder of this Ordinance. Section 6: This Ordinance shall not be passed until the same has been advertised for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton Beach, Florida, as required by the City Charter and Section 171.044, .Florida Statutes. Section 7. This ordinance shall become effective immediately upon passage. Section 8. Specific authority is hereby given to codify this Ordinance. Section 9. This ordinance, after adoption, shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida. FIRST READING this I~ dayof [[[ tO~ ,2004. SECOND, FINAL READING and PASSAGE this [ day of~, CITY OF BOYNTON BEACH, FLORIDA- ATTEST: 2004. yor/~ ~ S:\CA\Ordinances\Planning\Annexa[ions\Annexation - Bayfront.doc BAYFRONT: LOCATION MAP EXHIBIT A ; .............. NIC LEGEND ..... City Boundary Future Land Uses: LRC - Local Retail Commercial GC - General Commercial R - Recreational i ! i i