O94-33 ORDINANCE NO 094-C~ /
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE PALM BEACH GROVES PROPERTY
(WEST SIDE OF LAWRENCE ROAD, BEGINNING
APPROXIMATELY 1,300 FEET SOUTH OF
HYPOLUXO ROAD) AMENDING ORDINANCE 89-38
OF SAID CITY BY AMENDING THE FUTURE LAND
USE ELEMENT OF THE COMPREHENSIVE PLAN OF
THE CITY BY ADOPTING THE PROPER LAND USE
OF CERTAIN PROPERTY, MORE PARTICULARLY
DESCRIBED HEREINAFTER; SAID LAND
DESIGNATION IS BEING CHANGED FROM MEDIUM
RESIDENTIAL 5 TO AGRICULTURE; 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 Government
Comprehensive Planning Act; and
WHEREAS, a certain tract of land more particularly
described hereinafter is being annexed by the City in
accordance with the application completed by the City for the
owner of the following property, pursuant to the Annexation
Program, by Ordinance being adopted simultaneously herewith;
and
W~EREAS, 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 hearing and study, the City
Commission 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:
~ Ordinance No. 89-38 of the City is hereby
amended to reflect the following:
That the Future Land Use of the following described land
shall be designated as Agriculture. Said land is more
particularly described as follows:
The East 643.18 feet, as measured at
right angles to the East line thereof, of
Tracts 9 and 16, Northeast 1/4 of Section
12, Township 45 South, Range 42 East,
Mary A. Lyman et al, as recorded in Plat
Book 9, at page 74 in and for the Public
Records of Palm Beach County, Florida.
Except any and all legal rights-of-way,
Easements or Reservations of Record.
Containing 19.77 acres more or less and
together with L.W.D.D. L-19 Canal R/W
adjacent South of the property.
~ That any maps adopted in accordance with the
Future Land Use Element of said Comprehensive Plan shall be
amended accordingly.
~ Ail 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 courE of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
~ The effective date of this Ordinance shall be
the date a final order is issued by the Department of
Community Affairs finding this amendment 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
this 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 amendment. Once issued, the Notice of Intent shall be
attached hereto as Exhibit "A" and made a part of this
ordinance by reference.
FIRST READING this ~ day of October, 1994.
SECOND, FINAL READING and PASSAGE this /~
~-/-~ , 1994.
ATTEST:
Cit!//Clerk
(Corporate Seal)
A: PRGROLU. ORD
day of
CITY OF BOYNTON BEACH, FLORIDA
ANNEXATION AGREEMENT
THIS AGREEMENT (hereinafter the "Agreement") is made and entered into this
/',~'~ day of .,~_0~ ,19_~by and between H. LOY ANDERSON,
JR., and INGER K. ANDERSON, 15 South Lake Trail, Palm Beach, Florida 33480
(hereinafter the "Owners"), and the CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida (hereinafter the "City").
WITNESSETH:
WHEREAS, on October 18, 1994, the City Commission adopted a voluntary
annexation ordinance annexing the OWNERS' Property legally described in Exhibit "A"
attached hereto and by this reference made a part hereof, all in compliance with
Section 171.044(2), Florida Statutes and all other applicable state and local laws and
regulations; and
WHEREAS, the annexation ordinance specifically provided that the CITY
adopted simultaneously therewith a certain city zoning designation and land use
category with the understanding that upon receipt of written notice from the OWNERS
the CITY will immediately proceed to process a land use plan amendment for Low
Density Residential and a rezoning R1AAB all a contemplated, Ordinance 094-33
attached hereto as Exhibit "B" and by this reference made a part hereof; and
WHEREAS, the parties desire to enter into this Agreement to memorialize the
agreement between the parties with respect to the future land use plan designatiOn and
zoning for the OWNERS property;
NOW, THEREFORE, for and in consideration of the sum of Ten ($10.00) DOllars
and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The foregoing recitations are true and correct and are hereby
incorporated herein by reference. All exhibits to this Agreement are hereby deemed a
part hereof.
2. Effective Date. This Agreement shall become effective upon the full
execution of this Agreement by the parties hereto.
3. Land Use and Zoning. The parties acknowledge and agree to be bound
by the terms of Annexation Ordinance No. 094-33 attached hereto as Exhibit "B" and by
this reference made a part hereof, which annexed the OWNERS property legal
described in Exhibit "A" attached hereto and by this reference made a part hereof, into
the City of Boynton Beach. The Annexation Ordinance specifically provides that the
CITY adopted simultaneously therewith a certain city zoning designation and land use
category with the understanding that upon receipt of written notice from the OWNERS
the CITY will immediately proceed to process a land use plan amendment for Low
Density Residential and a rezoning to R1AAB, or its then equivalent.
4. 'Property Ownership. OWNERS represent to the CITY that OWNERS are
the legal and equitable owner of the property and, as such, are empowered to enter
into this Agreement.
5. Due Diligence. The CITY and OWNERS further covenant that they shall
in good faith take all reasonable actions necessary to fulfill their obligations hereunder
and pursue same throughout the existence of this Agreement.
6. Notices. Upon further written notice by either party to the other, all
notices provided for herein shall be in writing and transmitted by messenger, certified
mail, or return receipt requested, or telegram, and shall be mailed or delivered as
follows:
AS TO CITY:
AS TO OWNERS:
CITY OF BOYNTON BEACH
Carrie Parker, City Manager
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
H. LOY ANDERSON JR., AND INGER K. ANDERSON'
15 South Lake Trail
Palm Beach, FL 33480
Miscellaneous.
a. Entire Agreement.
This agreement sets forth all of the promises,
covenants, agreements, conditions, and understandings between the parties hereto,
and supersedes all prior and contemporaneous agreements, understandings,
iinducements or conditions express of implied, oral or written, except as herein
contained.
b. Severability. The invalidity of any provision hereof shall in no way
affect or invalidate the remainder of this Agreement.
c. Governing Law. This Agreement shall be construed in accordance
with the laws of the State of Florida, and any proceeding arising between the parties in
any manner pertaining to this Agreement shall, to the extent permitted by law, be held
in Palm Beach County, Florida.
d. Binding Effect. The obligations imposed pursuant to this
Agreement upon the OWNERS and upon the Property as described in Ordinance No.
094-33 for a term of 20 years as an enforceable covenant and this Agreement shall be
binding upon and enforceable by and against the parties hereto, successors, grantees,
and assigns, and a copy of this Agreement shall be recorded among the Public
Records of Palm Beach County, Florida, upon execution of this Agreement.
e. Attorney's Fees. Should either party hereto bring an action against
the other to enforce the terms' and provisions hereof, then the party prevailing in said
action shall be entitled to a judgment against the other for his reasonable attorneys
fees and costs, through trial, appellate, and post judgment proceedings.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first above written.
ATTEST:
~ OF BOYNTON BEACH
Edward Harmening, May~/~
City'-Clerk '"
App~)(~ed a~orm:
City Attorney
WITNE S ~.~ OTM RS' ·
ln.~~/~~... I nger K. AIt~:lersOn
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized bY law to administer oaths and take
acknowledgements, personally appeared H. LOY ANDERSON JR., and INGER K.
ANDERSON, husband and wife, and acknowledged they executed the foregoing
Agreement for the use and purposes mentiOned in it.
IN. W1,TNES~ or the foregoing, I have set my and official seal at on this-///'~~:~'~
[~ ~5,~ ~li, v~ ~:5~ in the St. a~te of County aforesaid
da-yof ~ -, 1994. ./'~//.~ x~
Not~ P~bhc c y'
(Printed Name)
My Commission Expires: / ~,~,*~ ..... oFFICIAL SEAL
DESCRIPTION: The East 643.18 feet, as measured at right angles to the
East line thereof, of Tracts 9 & 16, Northeast 1/4 of Section 12 as shown
on the AMENDED PLAT of SEC. 12, TWP.45S, RGE. 42E, MARY A.
LYMAN ET AL., as recorded in Plat Book 9, at Page 74 in and for the
Public Records of Palm Beach County, Florida.
EXCEPT any and all legal Rights-of-Way, Easements or Reservations of
Record.
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
SS:
I HEREBY CERTIFY on this day before me, an officer duly authorized in this State
and County aforesaid to take acknowledgements, personally appeared EDWARD
HARMENING, as the Mayor of the City of Boynton Beach, and he acknowledged to me that
he executed the foregoing instrument freely and voluntarily for the uses and therein
expressed and that he did not take an oath.
WITNESS my hand and seal
this .-~day of December,..1994.
Notary Public
MY ~ # CC302364 EXPRE8
August 29, 1997