O94-53 (2)ORDINANCE NO. 094-,d2~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE EPSTEIN (A.K.A SAUSALITO
GROVES) PROPERTY '(NORTHWEST CORNER OF
LAWRENCE ROAD AND GATEWAY BOULEVARD)
ANNEXING CERTAIN UNINCORPORATED TRACTS OF
LAND THAT ARE CONTIGUOUS TO THE CITY
LIMITS WITHIN PALM BEACH COUNTY AND THAT
WILL, UPON 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
STA~TES; PROVIDING 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.
W~EREAS, the Comprehensive Plan for the City of Boynton
Beach requires the development of an Annexation Program;
WHEREAS, the City of Boynton Beach, through the
Annexation Program, has identified adjacent properties that
are the subjects of agreements for water service with the
City;
W~EREAS, said agreements for water service are also
considered voluntary petitions for annexation pursuant to
Florida Statutes, which can be executed by the City of Boynton
Beach at any time such properties are eligible for annexation
according to Florida Statutes;
WHEREAS, the City of Boynton Beach hereby exercises its
option to annex the following tracts 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 tracts of land lying and being within Palm
Beach County are contiguous to the existing City limits of the
City of Boynton Beach, Florida and will, upon its annexation,
constitute a reasonably compact addition to the City
territory.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO~/4ISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, T~AT:
~ 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 tracts of land situated and
lying and being in the County of Palm Beach, Florida, to wit:
Tracts "A" and "B", Sausalito Groves,
Plat Book 60, Page 44 according to the
public records of Palm Beach, Florida,
less South 4.30 feet for Road R/W.
Containing 31.34 acres more or less, and
subject to easements, reservations or R/W
of record. Together with Lawrence Road
R/W abutting east thereof and Gateway
Boulevard R/W abutting South thereof.
are 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.
~ 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 tracts of land more particularly
described in Section 1 of this Ordinance.
~ 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.
~ All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
~_~ 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 no~
affect the remainder of this Ordinance.
~ 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: The effective date of this Ordinance shall be
the date a final order is issued by the Department of
Community Affairs finding the corresponding amendment to the
Comprehensive Plan to be in compliance in accordance with
Chapter 163.3184, F.S.,; or the date a final order is issued
by the Administration Commission finding the corresponding
amendment to be in compliance in accordance with Chapter
163.3184, F.S. The notice of compliance becomes a final order
21 days following the issuance of the notice of compliance if
during the 21-day period no petitions are filed challenging
the corresponding Plan amendment. Once issued, the Notice of
Intent shall be attached hereto as Exhibit "A" and made a part
of this ordinance by reference.
Specific authority is hereby given to codify
Section 8:
this Ordinance.
This Ordinance, after adoption, shall be
filed with the Clerk of the Circuit Court of Palm Beach
County, Florida.
FIRST READING this ~F~ day of ~-~-~x~
SECOND, FINAL READING and PASSAGE this -~
, tq? .
, 1994.
day of
ATTEST:
City Clerk
T~O~ BOYN~0N BEACH, FLORIDA
Vice ~ayor ~
Ma~Yo~~ pr~-~e~ ....
(Corporate Seal)
: EPSTAX ~ ORD
ANNEXATION ,
ORDINANCE f~094-53
PALM BEACH COU~fY PROPERTY CONTROL f~ 00-42-45-13-07-001-0000 &
fJ 00-42-45-13-07-002-0000
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