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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