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O84-03 oRD INA~NCE NO. 84-3 AN ORDINA~CE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEAC~[~ FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BI,ACH COLRqTY A/gD THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLE CO~¢PACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID: TP~CT OF LAND, REQUESTING ANNEXATION PURSUANT TO SECTION VII (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THAT THE PR~pER ~AND 'USE DESIGNATION A/~D PROPER ZONING OF THE PROPERTY sHALL BE R~FLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANIOUSLY HEREWITH; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH~ PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE AND AUTHORITY TO CODIFY; A~D FOR .OTHER PURPOSES. (~.~ETED) ' WHEREAS, The Swinton Development Corporation, as owners of the following tract of land described as follows: Beginning at the southeast corner of the northeast ¼, Section 5, To%cnship 46 south, Range 43 east, Palm Beach County, Florida; thence run S 88°28'49"W, along the south line of said northeast ~, 55.27 feet to the Point of Beginning; thence continue along the last described course 271.99 feet to the point of the easterly right of way line of Swinton Avenue; thence run northerly along the arc of a ~urve to the right and along said right of way line, a distance of 181.27 feet to a point of tangent, said curve having a central angle 5°31'27", a radius of 1880.08 and a tangent bearinc3 N 6°01'18"W; thence run N 0 29'51"?~ along said right of way li~e, 77.25 feet; thence run N 88°37'19"E, 280~.17 feet; thence run S 0o39'12"E, 257.34 feet to the Point of Beginning~ and Beginning at the southeast corner of the northeast ¼, Secion 5, Township 46 south, Range 43 east, Palm Beach County, Florida; thence run S 88°28'49"W along the south line of said northeast ~ 55.27 feet; thence run N 0°39'12"W, 257.34 feet; thence run N 88°37'19"E, 56.26 feet to a point on the east line of said Section 5; thence run N 0°26'01"W~ along said East line 430.64 feet, thence run N 89°45'43"E, 617.09 feet to a point on the westerly right of way line of Seacrest Boulevard; thence run S 0°39'i2"E, along said right of way line 687~30 feet to a point on the south line of the northwest ~ of Section 4, To~,~shi~ 46 south, Range 43 east; then run S 89°41'22"W, along said south line, 620.17 feet to the Point' of Beginning. including all adjacent unincorporated rights of way. filed a Petition for Annexation to the City of Boynton Beach, Florida, directed to the City Council pursuant to Section VII(32) of the Charter of the City of Boynton Beach, Florida, and Section 171~044, Florida Statutes; and WHEREAS, said tract of land lying and being within Palm Beach County is contiguous to the existing City limits of the City of Boynton Beach, Florida, and will, upon its annexation, constitute a reasonably compact addition to the City territory; and WHEREAS, the proposed use of said land and land use designation has been determined to be consistent with the future land uses of the City of Boynton Beach and the Palm Beach County Commission has no objection to the designated use. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Pursuant to Section VII(32) of the Charter of the City of Boynton Beach, Florida, and Section 171.044 Florida Statutes, the following described unincorporated and contiguous tract of land situated and lying and.being in the County of Palm Beach, Fiorida, to-wit: Beginning at the southeast corner of the northeast ¼, Section 5, Township 46 south, Range 43 east, Palm thence run S 88°28'~ line of said northe~ the Point of Beginn~ the last described ~ point on the easterl Swinton Avenue; the] the arc of a curve said right of way 1 Beach County, Florida; ~9"W, along the south ~st ¼, 55.27 feet to Lng; thence continue along ~ourse 271.~9 feet to the _y right of way line of ~ce run nor~herly along ~o the righ~ and along _ne, a dist~Lnce of 181.27 feet to a point of ~-~angent, sa3 a central angle 5°31_'27'', ara( and a tangent bearing N 6~01'1~ N 0°29'51"W along s~id right oJ 77.25 feet; thence ~un N 88°37~ feet; thence run S 9~39'12"E, to the Point of Beginning. .d curve having [ius of 1880.08 "W; thence run way line, 19'~E, 280.17 157.34 feet and Beginning at the southeast corner of the northeast ~, Section 5, Township 46 south, Range 43 east, Palm Beach County, Florida; thence run S 88°28'49"W along the south line of said northeast ¼ 55.27 feet; thence run N 0°39'12"W 257 34 feet; thence run N 88°37~19"E, 56.26 feet to a point on the east line of said Section 5; thence run N 89°45~43'~E, 617.09 feet to a point on the westerly right of way line of Seacrest Boulevard; thence run S 0°39'12"E, along said right o~ way line 687.30 feet to a point on the south line of the northwest ~ of Section 4, Township 46 south, Range 43 east; thence ~un S 89°41'22"W, along said south line, 620.17 feet to the Point of Beginning. including all adjacent unincorporated rights of way. is hereby annexed to the City of Boynton Beach, and such land so annexed shall be and become part of the City with the same force and effect as though the same had been originally in- corporated in the territorial boundaries thereof. Section 2: That Section VI and VI(a) of the Charter of the City of Boynton Beach, Florida, is hereby amended to reflect the annexation of that tract of land more particularly described in Section 1 of this Ordinance. Section 3: That by Ordinances adopted simultaneously herewith, the proper zoning designation and land use category is being determined. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: 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 6: Specific authority is hereby granted to codify this Ordinance. Section 7: This Ordinance shall not be passed until the same has been advertised for four (4) consecutive weeks in a newspaper of general circulation in the City of Boynton Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. Section 8: This Ordinance shall become effective immediately upon its final passage. Section 9: This Ordinance, after adoption, shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida. 1984. of FIRST READING this SECOND READING and FINAL PASSAGE this / day of ~J~ W C _w?/~ o~/~ day ATTEST: cIT~ c CITY OF BOYNTON BEACH, FLORIDA VICE (Seal)