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O00-38ORDINANCE NO. O 00-~g AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF ALTMAN DEVELOPMENT CORPORATION; AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMUNITY COMMERCIAL TO MULTI-FAMILY RESIDENTIAL (R-3); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Chris Kerr/Kilday & Associates, Inc., as agents for the owner of the property more particularly described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land, said land being more particularly described hereinafter, from C-3 Community Commercial to R-3 Multi-Family Residential; and WHEREAS, the City Commission deems it in the best interests 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 COMMISSION OF THE CI'TY OF BOYNTON BEACH, FLORI'DA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida as set forth as follows: See Attached Exhibit "A" be and the same is hereby rezoned from C-3 (Community Commercial) to R-3 Multi-Family Residential. A location map is attached hereto as Exhibit "B" and made a part of this Ordinance by reference. 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 Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed.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: 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 e. FIRST READING this ,~ day of.luly, 2000. SECOND, F]:NAL READING and PASSAGE this /,~' day of.luly, 2000. Should any section or provision of this Ordinance or any ATTEST: Vice IVlayor Commissioner .EGAL DESCRIPTION' (08-4.5-45-55-00-000-1440) BEING A PORTION OF A PARCEL OF LAND AS RECORDED IN OFFICIAL RECORD BOOK 7169, PAGE 1002 & 1004-, LYING IN SECTION .35, TOWNSHIP 4.5 SOUTH, RANGE 4-.3 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER SECTION CORNER IN THE EAST LINE OF SAID SECTION ;35, THENCE RUN NORTH ALONG SAID SECTION LINE, NORTH 01'22'06" WEST, A DISTANCE OF .:324..00 FEET; THENCE WESTERLY ALONG THE LINE OF AN EXISTING FENCE, SOUTH 89"16'57" 'WEST, A DISTANCE OF 250.21 FEET, TO A POINT SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88"16'37" WEST, A'DISTANCE OF ;304.17 FEET TO A POINT ON THE EASTERLY RIGHT-OF WAY LINE OF STATE ROAD NO. 5 (US HIGHWAY NO.1) AS RECORDED IN ROAD PLAT BOOK 2, PAGE 159, IN THE PUBLIC REDORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTHERLY ALONG SAID RIGHT OF WAY LINE, SOUTH 04.'.35'02" WEST, A DISTANCE OF ;317.80 FEET TO A POINT ON THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION .3;3; THENCE EASTERLY ALONG SAID QUARTER SECTION LINE, NORTH 89"06'17" WEST, A DISTANCE OF ;354..48 FEET TO A POINT; THENCE NORTH 00'55'4.5" WEST, A DISTANCE OF ;320.74. FEET TO THE POINT OF BEGINNING. CONTAINING: 2..'357 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATION OF RECORD. GRAPHIC SCALE 50 0 25 50 100 200 ( IN FEET ) 1 inch = 50 ft. IcEs. ANTY DEED AS RECORDED IN RECORD BOOK 7169 PAGE 1004-. COMMITMENT BY CHICAGO TITLE .CE COMPANY, FILE 06¢~, EFFECTIVE DATE iDA SURVEY FOR STREBBS ;~ANT PREPARED BY BASELINE RING, DATED 4-14--93. OF THE RIGHT-OF-WAY FOR .HWAY NO.1 (STATE ROAD NO.5) )RDED IN PLAT BOOK 2, PAGE THE PUBLIC RECORDS OF PALM NOTES: 1. SURVEY IS NOT VALID WITHOUT EMBOSSED SURVEYOR SEAL. 2. THE' EAST LINE OF SECTION ,;33, TOWNSHIP 4.5 SOUTH, RANGE 43 EAST IS ASSUMED TO HAVE A BEARING OF SOUTH 01'22'06" WEST, ACCORDING TO SECTION DATA PREPARED BY PALM BEACH COUNTY SURVEY SECTION AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO ;3. NO UNDERGROUND IMPROVEMENTS, HAVE BEEN LOCATED BY THIS OFFICE UNLESS OTHERWISE NOTED. 4-. ELEVATIONS SHOWN HERON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM OF 1929. 5. AREAS ENCROACHED BY DIXIE HIGHWAY (U.S. HIGHWAY NO.1)SIDEWALK MAY BE SUBJECT TO RIGHT-OF-WAY BEING TAKEN PURSUANT TO < ...~ .q- < 'l.J..I b_lo .._l I <° o (.3 LOCATION MAP / ,I --T -S E 23RD I E. WOOLBRIGHT ROAD ~ ' , I CS ,t __i 1 ,4,mSITE 400 800 FEET 1600