09-004
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1 ORDINANCE NO. 09- 0 c1 U!"LttJ/4A;1/J(,/ -'I-
2 AN ORDINANCE OF THE CITY OF BOYNTON ti;r,ia.>tJ
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4 BEACH, FLORIDA, ANNEXING 25.89+/- ACRES 3/<1)& 7
5 OF LAND THAT IS CONTIGUOUS TO THE CITY
6 LIMITS WITHIN PALM BEACH COUNTY AND
7 THAT WILL, UPON ANNEXATION, CONSTITUT
8 A REASONABLY COMPACT ADDITION TO T
9 CITY BOUNDARIES; PROVIDING THAT E
10 PROPEl\. LAND USE DESIGNATION 1\ND
11 PROPER~ONING OF THE PROPERTY SH LBE
12 REFLECTtD IN SEP ARA TE ORDINANC TO BE
13 PASSED . SIMUL T ANEOUSL Y H WITH;
14 PROVIDING ".FOR CONFLICTS, SEV BILITY,
15 AND AN EFF~CTIVE DATE; PROV ING THAT
16 THIS ORDINANCE SHALL BE FIL D WITH THE
17 CLERK OF TH,Ji: CIRCUIT CO RT OF PALM
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18 BEACH COUNTY, FLORIDA, UP N ADOPTION.
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20 WHEREAS, the Comprehensive Plan or the City of Boynton Beach requires the
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21 development of an Annexation Program;
22 WHEREAS, N orthstar Cemete S~vices of Florida, LLC., owner, by and through
23 its agents, Bonnie Miske! and Sco Backman;\, of the property more particularly described
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24 hereinafter, have heretofore file a Petition, pursu~nt to Section 9 of Appendix A-Zoning, of
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25 the Code of Ordinances, C" of Boynton Beach, ~lorida, for the purpose of annexing a
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26 certain tract ofland cons ting of approximately 25.89\ acres; and
27 WHEREAS, e City of Boynton Beach hereby exercises its option to annex the
28 following tract 0 and as hereinafter described, in accordan e with Article I, Section 7 (32)
29 of the Charter fthe City and Section 171.044, and 171.062(2), lorida Statutes; and
30 W EREAS, said tract of land lying and being withi Palm Beach County is
31 contig ous to the existing city limits of the City of Boynton Be ch, and will, upon its
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32 a exation, constitute a reasonably compact addition to the City bound~.
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1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 Section 1. That each and every Whereas clause is true and correct.
4 Section 2. Pursuant to Article I, Section 7 (32) of the Charter ofAhe City of
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5 Boynton Beach, Florida and Section 171.044, Florida Statutes the fol~ing described
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6 unincorporated and contiguous tract of land situated and lying and b~g in the County of
7 Palm Beach, Florida, to wit:
8 See legal descriptions attached hereto as Exhibit "A"
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10 Subject to easements, restrictions, reservations, ,,.Covenants and
11 rights-of-way of record. ;
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13 is hereby annexed to the City of Boynton Beach, FI9r1da, and such land so annexed shall be
14 and become part of the City with the same for~ and effect as though the same had been
15 originally incorporated in the territorial boundaries thereof.
16 Section3 : That Section 6 and 6(a) of the Charter of the City of Boynton Beach,
17 Florida, is hereby amended to reflelrl the annexation of said tract of land more particularly
18 described in Section 2 of this Or;dinance.
19 Section 4: That)'l'y Ordinances adopted simultaneously herewith, the proper City
20 zoning designation and/Land Use category is being determined as contemplated in Section
21 171.162(2), FloridevStatutes.
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22 Section/5. All ordinances or parts of ordinances in conflict herewith are hereby
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23 repealed. 1/
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24 ~ction 6: Should any section or provision of this Ordinance or any portion thereof
25 b~ eclared by a court of competent jurisdiction to be invalid, such decision shall not affect
26 the remainder of this Ordinance.
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1 Section 7: This Ordinance shall not be passed until the same has been advertised
2 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton
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3 Beach, Florida, as required by the City Charter and Section 171.044, Florida 2tatutes.
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4 Section 8. This ordinance shall become effective immediately upon passage.
5 Section 9. This ordinance, after adoption, shall be filed with the Clerk of the
6 Circuit Court of Palm Beach County, Florida.
7 FIRST READING this ~ day of ~ h()UI~.,...J ,2009.
{.t!P. J
8 SECOND, FINAL READING and PASSAGE this ~ day of une.. ,2009.
9 CITY OF BOYNTON BEACH, FLORIDA
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12 Mayor- Jerry Taylor
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15 Vice Mayor - Jose Rodriguez
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18 Commissioner - Ronald Weiland
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21 Commissioner - Woodrow L. Hay
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24 Commissioner - Marlene Ross
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26 ATTEST:
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28
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30 Janet M. Prainito, CMC
31 City Clerk
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34 (Corporate Seal)
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KEATLEY INVESTMENTS, Inc. CEMETERY PARCEL
LEGAL DESCRIPTION OF PALM BEACH MEMORIAL PARK
Situated in the County of Palm Beach, State of Florida, and knows as being a part of the re-plat
of part of Lincoln memorial Gardens, as recorded in Plat Book 25, Page 225, and further
described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast comer of
Northwest Quarter (NW 1/4) of Section 9, Township 45 South, Range 43 East, Palm Beach
County, Florida;
Thence South 020 29' 14" West, along the centerline of Seacrest Boulevard and the east line of
said Northwest Quarter of Section 9, a distance of 1,218.79 feet to a point;
Thence North 870 30' 46" West, a distance of 40.00 feet to a point on the West right-of-way line
of said Seacrest Boulevard, and being 20.30 feet South of the North line of the re-plat of Lincoln
Memorial Gardens, and the POINT OF BEGINNING;
Thence South 020 29' 14" West along the West right-of-way line of said Seacrest Boulevard, a
distance of 1,391.26 feet to a point; thence North 8r 30' 46" West, a distance of 92.00 feet to a
point; thence South 02029' 14" West, a distance of 93.00 feet to a point; thence North 870 30'
46" West, a distance of 81.83 feet to a point; thence North 01001' 59" East, a distance of 156.13
feet to a point; thence North 87030' 46" West, a distance of 33.81 feet to a point; thence North
01001' 59" East, a distance of 2.74 feet to a point; thence North 870 30' 46" West, a distance of
326.39 feet to a point; thence South 010 01' 59" West, a distance of 12.00 feet to a point; thence
North 870 30' 46" West, a distance of 148.72 feet to a point; thence South 010 01' 59" West, a
distance of 19.03 feet to a point; thence North 870 30' 46" West a distance of 176.44 feet to a
point on the East right-of-way line State Route 9 (Interstate 95), a variable width public right-of-
way; thence North 010 01' 59" East, along the East right-of-way line of said State Route 9, a
distance of 1,174.86 feet to a concrete disk found; thence South 880 55' 16" East, a distance of
344.35 feet to a point; thence North 030 27' 44" East, a distance of 160.14 feet to a point; thence
South 880 55' 16" East, a distance of 545.43 feet to the POINT OF BEGINNING.
Said parcel contains 25.89 acres ofland, more or less.
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