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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 SITE N 0