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08-024 " I 1 ORDINANCE NO. 08- (;;..4 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA AMENDING 5 ORDINANCE 08-003 TO CORRECT THE OMISSION OF 6 LOT 44 FROM THE LEGAL DESCRIPTION; 7 RECONFIRMING INCLUSION IN THE COMMUNITY 8 REDEVELOPMENT AREA OF THE PROPERTY 9 DESCRIBED IN AMENDED EXHIBIT "A" AND 10 PROVIDING FOR CONFLICTS, SEVERABILITY, 11 CODIFICATION AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach heretofore adopted 14 Ordinance 08-003 which provided for inclusion of the Gulfstream Gardens development project, 15 which had previously been annexed into the City, into the Community Redevelopment Area; and 16 WHEREAS, the legal description of the Gulfstream Gardens development project was 17 incorrect by the omission Lot 44; and 18 WHEREAS, it was and remains the intent of the City Commission to include in the 19 Community Redevelopment Area all of the property described in Exhibit "A" as now amended 20 and attached hereto. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 22 CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. Each Whereas clause set forth above is true and correct and incorporated 24 erein by this reference. 25 Section 2. Ordinance 08-003 is amended for the purposes of deleting Exhibit "A" 26 hereto in its entirety and a new Amended Exhibit "A" is substituted in its place and stead. In all 27 ther respects Ordinance 08-003 shall remain as originally adopted. 28 Section 3. Each and every other provision of Ordinance 08-003 not herein 29 pecifically amended shall remain in full force and effect as previously enacted. :\CA\Ordinances\Gulfstream Gardens Legal description Amendment.doc 1 I' I I Section 4. All ordinances or parts of ordinances in conflict herewith be and the same 2 are hereby repealed. 3 Section 5. Should any section or provision of this ordinance or portion hereof, any 4 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such 5 decision shall not affect the remainder of this ordinance. 6 Section 6. Authority is hereby granted to codify said ordinance. 7 Section 7. This ordinance shall become effective immediately upon its passage and 8 adoption. 9 FIRST READING this ~ day of AUGU~ ,2008. 10 11 SECOND, FINAL READING AND PASSAGE this ~ day of AUGu:rr , 2008. 12 13 CITY OF BOYNTON BEACH, FLORIDA 14 15 L ~,~ 16 ~.,~/~c-y 17 18 ~ior - Je Ta~l 19 / " 20 21 22 23 24 25 Commissioner - Ronald Weiland 26 27 28 29 Commissioner - Woodrow L. 30 /uL 31 32 ~ 1...,' <;./ 33 Commissioner - Marlene Ross :\CA \Ordinances\Gulfstream Gardens Legal description Amendment.doc 2 II , J I i ATTEST: 2 II! 3 'fn, Ffu'-.t )YL~ b, 4 5 Jan M. Prainito, CMC 6 . Y Clerk 7 8 9 10 11 :\CA\Ordinances\GuJfstream Gardens Legal description Amendment.doc 3 EXHIBIT A The annexed property is described as follows: Commence at the Southeast comer of Tract 47 as shown on the amended Plat of "Trade Winds Estates" as recorded in Plat Book 21, Page 73 of the Public Records of Palm Beach County, Florida, for a point of beginning; thence East along the North line of said "Trade Winds Estates", a distance of 1 00 feet to a point; thence Northeasterly along a line parallel to the Easterly line of Tract 47 of said "Trade Winds Estates" a distance of 15 feet to a point; thence West on a line parallel to the North line of Tract 51 of said "Trade Winds Estates, a distance of 100 feet, more or less, to a point on the Easterly line of Tract 47; thence southerly along the East line of Tract 47, a distance of 15 feet, more or less, to the point of beginning. Start at the Southwest comer of Lot 52, "Trade Winds Estates", Palm Beach County, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 21, Page 73; thence run Easterly 484.20 feet to the West right- of-way line of U.S. Highway No.1; thence Southerly 100 feet along said West right-of-way line; thence Westerly parallel to the North boundary above described to the Northeast comer of Lot 46, "Trade Winds Estates"; thence Northerly 96.43 feet to the point of beginning. Said lands situate, lying and being in Palm Beach County, Florida. Tract 46, Trade Winds Estates, a subdivision in Palm Beach County, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 21, Page 73, and also the following described Tract of land: commencing at the Southeast comer of Tract 47, as shown on the Plat of "Trade Winds Estates" Plat Book 21, Page 73, Palm Beach County Public Records run Northerly along the East line of said Tract 47, a distance of 15 feet to the point of beginning; from the point of beginning, thence run Easterly parallel to the North line of Tract 51 of the said "Trade Wind Estates". A distance of 1 00 feet, to a point; thence run Southerly, parallel to the East line of the said Tract 47, a distance of 15 feet, to a point in the North line of the said Tract 51; thence run easterly along the North line of the said Tract 51, a distance of 186.77 feet to a point; thence run Northerly, at an angle of 107037' (turned from west to North) with the North line of the said Tract 51, a distance of 200 feet, to a point; thence run Westerly, parallel with the North line of the said Tract 51, a distance of 316.39 feet to the Northeast comer of Tract 46 of the said "Trade Winds Estates; thence run Southerly a distance of 177.70 feet to the point of beginning. Lot 52, amended Plat of "Trade Winds Estates", according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 21, Page 73; said lands situate lying and being in Palm Beach County, Florida. Lots 43, 44, 53, 53A amended Plat of "Trade Winds Estates", a subdivision in Palm Beach County, Florida according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 21, Page 73. The East 300 feet of Lots 54 and 55, amended Plat of "Trade Winds Estates", Palm Beach County, Florida according to the Plat recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida thereof, in Plat Book 21, Page 73, subject to the existing right-of- way of U.S. Highway #1, together with improvements located thereon. S:\Planning\SHARED\ WP\PROJECTS\Gulfstream Gardens\GULFSTREAM GARDENS Annexed Properties Legal Description,doc