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04-0471 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY CONSISTING OF APPROXIMATELY 25 ACRES AND LOCATED THE NORTHEAST CORNER OF THE INTERSECTION OF CONGRESS AVENUE AND OLD BOYNTON ROAD; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREIN; THE LAND USE DESIGNATION IS BEING CHANGED FROM MODERATE DENSITY RESIDENTIAL TO LOCAL RETAIL COMMERCIAL (LRC); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Govermnent Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public heating and study, the City Conmaission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following: ~\CA\Ordinances\Planning\Land Use~Boynton Town Center (010705 rev) .doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 That the Future Land Use of the following described land shall be designated as Local Retail Commercial (LRC). Said land is more particularly described as follows: See legal description attached hereto. Subject to easements, restrictions, reservation and rights of way of record. Said lands situate, lying and being in Palm Beach County, Florida. Section 3: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READ1NG this ,~0 dayof~Ju..l~j ,2004. ] 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECOND, FINAL READING and PASSAGE this [ ~- day of fze.~'ox~a-~, 2005. CITY OF BOYNTON BEACH, FLORIDA issio.~ner ~TTEST: (Corporate Seal) ~:~CA\Ordinances\Plannlng~Land Use\Boynton Town Center (010705 rev).doc LEGAL DESCRIPTION A parcel of land being a portion of Lots 68, 69, 79 through 84, the abandoned road rights- of-way adjacent to said lots, Lake Bessie and the unnumbered lands adjacent to said Lake Bessie as shown on the plat of"PALM BEACH-MIAMI LAND AND DEVELOPMENT COMPANY SUBDIVISION OF SECTION 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST as recorded in Plat Book 7, Page 20 of the Public Records of Palm Beach County, Florida, said parcel being more particularly described as follows: COMMENCE at the Southwest comer of the Southwest One-Quarter (1/4) of said Section 20, Township 45 South, Range 43 East; THENCE on a grid beating of N01 °22'46"W along the West line of said Southwest One- Quarter (1/4) of Section 20 a distance of 1222.48 feet to the centerline of Old Boynton Road; THENCE N89°48'57"E along said centerline of Old Boynton Road a distance of 1990.49 feet to the Southerly extension of the West right-of-way line of the Lake Worth Drainage District E-4 Canal; THENCE N00°41'0Y'W along said Southerly extension a distance of 50.00 feet to a point on a line 50.00 feet North of and parallel with said centerline of Old Boynton Road; THENCE S89°48'57"W along said parallel line a distance of 826.94 feet to the PO1NT OF BEGINNING; THENCE continue S89°48'57"W continuing along said parallel line a distance of 536.02 feet to a point on the East line of said Lot 79; THENCE N01 °22'46"W along said East line a distance of 1.00 feet to a point on a line 51.00 feet North of and parallel with said centerline of Old Boynton Road; THENCE S89°48'57"W along said parallel line a distance of 528.12 feet; THENCE N45°47'05"W a distance of 57.16 feet to a point on the East right-of-way line of Congress Avenue, said line also being 60.00 feet East of and parallel with said West line of the Southwest One-Quarter (1/4) of Section 20; THENCE N01 °22'46"W along said right-of-way line and parallel line a distance of 957.57 feet; THENCE N88°37'14"E a distance of 962.36 feet to a point on the arc ora non-tangent curve concave to the Northeast, a radial line of said curve through said point having a beating of N69° 17'44"E; THENCE Southeasterly along the arc of said curve to the left having a central angle of 04°25'16" and a radius of 1542.00 feet for an arc distance of 118.99 feet to a point of reverse curvature of a tangent curve concave to the West; THENCE Southeasterly and Southerly along the arc of said curve to the right having a central angle of 23°43'48" and a radius of 556.50 feet for an arc distance of 230.48 feet to a point of tangency; THENCE SO 1 °23'44"E a distance of 74.24 feet to a point of curvature of a tangent curve concave to the West; THENCE Southerly along the arc of said curve to the right having a central angle of 06006'43'' and a radius of 556.50 feet for an arc distance of 59.36 feet to a point of reverse curvature of a tangent curve concave to the East; THENCE Southerly along the arc of said curve to the left having a central angle of 23057'48'' and a radius of 682.00 feet for an arc distance of 285.24 feet to a point of reverse curvature of a tangent curve concave to the West; THENCE Southerly along the arc of said curve to the right having a central angle of 19003'47'' and a radius of 556.50 feet for an arc distance of 185.15 feet to a point of tangency; THENCE S00%%dl l'03"E a distance of 89.52 feet to the PO1NT OF BEGINNING; Said parcel of land situate within the City of Boynton Beach, Palm Beach County, Florida, containing 24.419 Acres 4-.