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O85-34ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 85-2© OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA, FROM PLANNED UNIT DEVELOPMENT WITH A LAND USE INTENSITY OF 5.0 (PUD LUI 5.0) TO COMMUNITY COMMERCIAL DISTRICT (C~3), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDINGTHE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Boynton Beach, Florida, has heretofore adopted Ordinance No. 85-20 in which a revised zoning map was adopted for said City; and WHEREAS, Walboyn, Inc., has heretofore filed a Petition with the City of Boynton Beach, Florida, pursuant to Section 9 of Appendix ArZoning of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain parcel of land consisting of approximately 25.77 acres located within the municipal limits of said City, said property being more particularly described hereinafter, from Planned Unit Development with a Land Use Intensity of 5.0 (PUD LUI 5.0) to Community Commercial District (C-3); and WHEREAS, the City Council deems it in the best interest~ of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: That the following described land, located in the City of Boynton Beach, Florida, to-wit: See attached Exhibit "A", be and the same is hereby rezoned from Planned Unit Development with a Land Use Intensity of 5.0 (PUD LUI 5.0) to Community Commercial District (C-3). Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: 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 not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective immediately upon passage. FIRST READING this ~/~ day of ~ 1985. SECOND READING and FINAL PASSAGE this -/u-~ day of CITY OF BOYNTON BEACH, FLORIDA ATTEST: CITY CLEf (Seal) LEGAL DESCRIPTION .- PARCEL OF LAND LYING IN THE NORTH HALF OF THE NORTHEAST QUARTER ._., : k.N ,9, TOWNSHIP t~3 SOUTH, RANGE 43 EAST, AND IN THE SOUTH HALF '" ."~ SEC'"' '~ ' . OF THE $OIdTHEAST QUARTER OF SECTION 18~ TOWNSHIP t~5 SOUTH, E..\ST, PALM BEACH COUNTY, FLORIDA. SAID LAND BEING 'MORE PARTIC..ULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 19, THENCI~'WlI'~I BE ~RING OF SOUTH 85° 56.' 29" WEST, ALONG THE .NORTH LINE OF SECTION ~9. A DIc'r'~",;CE OF 60.07 -FEET TO A POINT; SAID POINT BEING THE POINT OF '::..._,iNNiNG ON THE WEST RIGHT OF WAY LINE OF' CONGRESS AVENUE .~;- RECORDED IN OFFICIAL RECORDS BOOK 3580, PAGE 1115 THRU~ql2~, /3,._~,C.H COUNTY, FLORIDA; THENCE WITH A BEARING OF SOUTH 0° 12~ 52" EAST, ALONG THE ABOVE MENTIONED WEST RIGHT OF WAY LINE OF CONGRESS AVENt:E A DISTANCE OF 12~3.39 FEET TO A POINT ON THE NORTHERLY RIGHT C:" ~'A'~ LINE OF THE BOYNTON' CANAL; THENCE WITH A BEARING OF-5OUTH .~-' 57' 17" WEST, A DISTANCE OF g~3.01 FEET TO A POINT; THENCE ~ITH A biz-\Rt. NG OF NORTH 01" 0,t~, 21" EAS"['~ A DISTANCE OF 165.~7 FEET TO A.POINT; T.HLNCE ~,'ITH A BEARING OF NORTH o,~., ~?, 08" EAST A DISTANCE OF ~.00 FEET TO A POINTi THENCE WITH A BEARING OF NORTH 6L° Ilg' 3Y" EAST~.A ' t'?.~ST~,NCE OF 93.01 FEET TO A POINT; THENCE WITH A BEARING CiE NORTH ~.'" ~,~' 2:" EAST, A DISTANCE OF 292.00 FEET TO A POINT; THENCE' ~fTH LA ~E.\RI-.NG OF SOUTH $8° t5' 39" EAST, A DISTANCE OF 12,g.16 FEET TO A POINT; THENCE ~FI~'Vr! A BEARING OF NORTH 67° 00'.00't EAST A DISTANCE-OF i ~,a.gB FEET TO A POINT;-THENCE WITH A BEARING OF NORTH 03' t~ 57" ~,'EST, A DISTANCE OF 119.99 FEET TO A POINT; THENCE WITH A BEARING OF NORTH $,g° IF~ 39" WEST, A DISTANCE OF 70.00 FEET TO A PO1NT;~THENCE '4;ITH A BE.~RING OF NORTH 01° #~' 21" EAST, A DISTANCE OF l~O~O0 FEET TO A POINT; THENCE WiTH A BEARING OF NORTH .53° 30' 0O" WEST~ A DISTANCE OF ~9.16 FEET TO A POINT~ THENCE WITH A BEARING OFdXlORTH O~o ~t~, 2~" EAST, A DISTANCE OF 9~.2t4 F.~F~_T. TO A POINT; THENCE 'tRITH. BE.~RING OF SOUTH 8g° 15' 39" EAST, A DISTANCE OF ,~5~,,01'"FEET-TO A IOO1NT~ THENCE ~'ITH A BEARING OF NORTH 08© 5~' 22" EAST~ A DISTAN~'t~ .QF.'65,~0 .. FEET TO. A POINT 1N A CURVE BEING CONCAVE TO ~ NOR,TH,~ILt$.OF- 6~'3...00 FEET, A CHORD BEARING OF SOUTH g~° ~,0' 39 EAST, A a.~GLE OF 7° t0' 02" A DISTANCE OF 75.05 'FEET TO A POINT;THENCE '~'ITH ~ .BEAR'ING OF SOUTH $:g° 15' 39" EAST, A DISTANCE OF t99.3~t FEF-T::TO.*A - POINT; THENCE WITH A 5EARh'4G OF NORTH 0,6' t~t4' 2~" EAST~ 'KDISTANGE OF ~.~.3~; FEET TO A POINT; THENCE ~qTH A BEARING OF SOUTH Olt Or4, 21". EAST, · ~ DISTANCE OF 626.20 FEET TO THE I~OINT OF' BEGINNING. -~ .... - C~3',;TAtNfNG 25.77 ACRES MORE OR LF_.SS AND SUB3 ECT TO 5ASEMENT~:AND K;C,'r~T~ OF WAY OF RECORD. Exhibit "A"