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06-030 Nilrm~ Ret')rn to: (enc'os~ self-adcress'?c' stafllped envelop9) 111~I.D~m.I~Dlmm..mllll Address 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 CFN 2(1l060~:~7':=la97 OR BK 20313 PG 11aS RECORDED 05t10!112006 .I2:1~3:33 Pal. Beach COImt:~, Flor.:ld" Sharon R. Biock, CiLERK & ConPTROtLER Pgs H85 - l1!IQI; (6P!IIS) ORDINANCE NO. 06-t?;W AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING 1.341+/- ACRES OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY BOUNDARIES; 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, 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. 2 0 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the 21 development of an Annexation Program; and 22 WHEREAS, the Tuscan Villas @ Boynton Beach LLC, owner, by and through their 23 agent, Wendy Tuma of Urban Design Studio, of the property more particularly described 24 hereinafter, have heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of 25 the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a 26 certain tract ofland consisting of approximately 1.341+/- acres; and 27 WHEREAS, the City of Boynton Beach hereby exercises its vption to annex the 28 following tract of land as hereinafter described, in accordance with Article I, Section 7 (32) 29 of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and 30 WHEREAS, said tract of land lying and being within Palm Beach County IS S:\CA \Ordinances\Planning\Annexations\Annexation - Tuscan Villas.doc 1 " 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 boundary. 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 of 9 Palm Beach, Florida, to wit: 10 Lot 1 and Lot lA of KING'S SUBDIVISION, according to the Plat 11 thereof, as recorded in Plat Book 20, Page 47, Public Records of 12 Palm Beach County, Florida; less the westerly 17 feet of said lots. 13 14 Together With: 15 16 All that part of Lot C of KING'S SUBDIVISION in Section 4, 1 7' Township 46 South, Range 43 East, Palm Beach County, Florida, 18 as per Plat recorded in Plat Book 20, Page 47, Palm Beach County 19 records except the following part thereof: Beginning at the 20 Southwest (SW) comer of said Lot C, and running thence North 21 along the West line thereof a distance of Eighty (80) Feet; thence 22 Easterly in a straight line to the Southeast (SE) comer of said Lot 23 C; thence running West along the South line of said Lot C to the 24 Point Of Beginning. Further less and except the Westerly 17 feet 25 for road right-of-way. 26 27 Containing: 58,412 Square Feet Or 1.341 Acres More or Less. 28 29 Subject to easements, restrictions, reservations and rights-of-way 3 0 of record. 31 32 33 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be S :leA 10rdinanceslPlanninglAnnexationslAnnexation - Tuscan Villas. doc 2 . , 1 and become part of the City with the same force and effect as though the same had been 2 originally incorporated in the territorial boundaries thereof. 3 Section3 : That Section 6 and 6(a) of the Charter of the City of Boynton 4 Beach, Florida, is hereby amended to reflect the annexation of said tract of land more 5 particularly described in Section 2 of this Ordinance. 6 Section 4: That by Ordinances adopted simultaneously herewith, the 7 proper City zoning designation and Land Use category is being determined as contemplated 8 in Section 171.162(2), Florida Statutes. 9 Section 5, All ordinances or parts of ordinances in conflict herewith are 10 hereby repealed. 11 Section 6: Should any section or provision of this Ordinance or any portion 12 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 13 affect the remainder of this Ordinance. 14 Section 7: This Ordinance shall not be passed until the same has been advertised 15 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 16 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. 18 Section 8. Section 9. This ordinance shall become effective immediately upon passage. This ordinance, after adoption, shall be filed with the Clerk of the 17 19 Circuit Court of Palm Beach County, Florida. FIRST READING this ~ day of ~ ,2006. 20 21 S :\CA \Ordinances\Planning\Annexations\Annexation - Tuscan Villas.doc 3 SECOND, FINAL READING and PASSAGE this -.LfL day of ~, 2006. CITY OF BOYNTON BEACH, FLORIDA ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 22 23 ATTEST: Yn.~ S :leA 10rdinanceslPlanninglAnnexationslAnnexation - Tuscan Villas.doc 4 . _J Ci Boon a C-3 PUD 210 105 I IPUD PUD o LOCATION MAP Tuscan Villas ~ r ~ CJ ;0 County CG C-3 City Boundary Gulfstream OR Exhibit "A" nty RM TURNER RD ROBERTS f{D County RM 210 420 630 84 0 'Feet N + NOTICE OF MUNICIPAL ANNEXATION FROM: The City of Boynton Beach, Florida Please be advised by this notification and attached location map, that certain lands have been annexed by BOYNTON BEACH, Florida. Information contained herein is pertinent to the area in question. If additional material is required, please contact the Director of Planning and Zoning. Name of Development/Owner: Tuscan Villas at Boynton Beach, LLCI Pineapple Grove Properties, LTD Or Special Act of State Legislature: Bill # Ordinance # 06-030 Effective Date: April 18, 2006 Property I. D. # 00-43-46-04-12-000-0150 00-43-46-04-12-000-0140 00-43-46-04-12-000-0160 Area of Subject Property: Estimated Present Population: 0 61,296 Sq. Ft. :t1.407 Acres Estimated Present Residential Density: Zoning: IPUD Infill Planned Unit Density Allowed: Development Existing type of development: 1 commercial building, vacant land o du/ac 20 du/ac Proposed type of development: Aggregated with other land within the city for a townhouse project 'Owner or Petitioner All City Departments All Utility Companies Chamber of Commerce Bureau of Census 'Clerk of County Circuit Court to receive copy of ordinance Attachment Local Map 'County Commissioners 'County Planning, Zoning & Building 'County Tax Assessor 'Secretary of State 'Supervisor of Elections . State Department of Transportation S:IPlanningISHAREDlWPIPROJECTSITuscan VillaslANEX 06-00210-1 FORM.doc