09-007
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ORDINANCE NO. 09-oo-J 'iJJ'/ J
1 ~_/ tp ,(J'.....-t.
2 1./I/t"J
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 ' BEACH, FLORIDA, REGARDING THE
5 APPLICA TION OF W ALMART STORES #8140, I
6 AMENDING ORDINANCE 02-013 TO REZONE A I
7 ' ,PARCEL OF LAND LOCATED AT 7233 SEACREST
8 ~ULEV ARD, AS MORE FULL Y DESCRIBE
9 REIN, FROM COMMERCIAL GENERAL ( )
10 (PA"LM BEACH COUNTY) TO PLAN ED
11 CO~RCIAL DEVELOPMENT CD);
12 PRO DING FOR CONFLICTS, SEVERA LITY,
13 AND A EFFECTIVE DATE.
14 '.
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15 WHEREAS, the '~\ty Commission of the Cit of Boynton Beach, Florida has
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16 adopted Ordinance No. 02-013'i,in which a Revised ning Map was adopted for said City;
17 and
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18 WHEREAS, Walmart Stores\#8140, ner of the property located at 7233 Seacrest
19 Boulevard, in Boynton Beach, Florida, more particularly described herein, has filed a
20 Petition, through its agents, Bonnie and Scott Backman, pursuant to Section 9 of
21
22 purpose of rezoning a parcel of and, said land be g more particularly described hereinafter,
23 from Commercial General G) (Palm Beach coun~ to Planned Commercial Development
24 (PCD); and
25 he City Commission conducted a p lie hearing and heard testimony
26 and received ev' ence which the Commission finds support a rezoning for the property
27
28 EREAS, the City Commission finds that the proposed re ning is consistent with
29 endment to the Land Use which was contemporaneously consid
30 the~ublic hearing heretofore referenced; and
S :\CA \Ordinances\Planning,Rezoning,Rezoning -Sams Cl ub. doc
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1 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
2: i said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY C
4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
5 Section 1. The foregoing Whereas clauses are true d correct and incorporated
6 herein by this reference.
7 Section 2. The following described land 10 ted at 7233 Seacrest Boulevard in
8 Boynton Beach, Florida, as set forth as follows: ,I
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9 /
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10 See Legal Description attached as Exhibit :;1\."
11 I
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13 Subject to easements, restrictions, reservations, covenants and
14 rights-of-way of record.
15
16 be and the same is hereby rezoned (tom Commercial General (CG) (Palm Beach County) to
17 Planned Commercial Developmertt (PCD). A location map is attached hereto as Exhibit "B"
18 and made a part of this Ordin<)rice by reference.
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19 Section 3. That ,,the aforesaid Revised Zoning Map of the City shall be amended
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accordingly. "
20
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21 Section 4. /All ordinances or parts of ordinances in conflict herewith are hereby
22 repealed.
23 Section 5. Should any section or provision of this Ordinance or any portion thereof
24 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
25 the remainder of this Ordinance.
26 Section 6. This ordinance shall become effective immediately upon passage.
27 FIRST READING this ~ day of Ja..t\ WLI-j ,2009.
S \CA \Ordinances\Planning,Rezoning,Rezoning -Sams Club. doc
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1 SECOND, FINAL READING and PASSAGE this ~ ~ day of J
2 CITY OF BOYNTON BEACH
3
4 /
5 Mayor - Jerry Taylor / /
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6 //
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8 Vice Mayor - Joft Rodriguez
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11 CommissiOner - Ronald Weiland
12
13
14 Commissioner - Woodrow L. Hay
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16
17 ATTEST: Commissioner - Marlene Ross
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19
20 Janet M. Prainito, CMC
21 City Clerk
22
23
24 (Corporate Seal)
s. \CA \Ordinances\Planning,Rezoning,Rezoning -Sams Cl ub. doc
LEGAL DESCRIPTION
OF
PARCEL 1
7233 SEACREST BOULEVARD
PARCEL CONTROL NUMBER 00-43-45-09-23-000-0010
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER (NWI/4) OF SECTION 9,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND KNOWN AS
BEING PARCEL NO, I OF HY-CREST CENTER, AS RECORDED IN PLAT BOOK 64, PAGE 177-178
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING FURTHER
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS DISK FOUND A T THE INTERSECTION OF THE
CENTERLINES OF HYPOLUXO ROAD (WIDTH V ARIES) AND SEACREST BOULEVARD (80
FEET WIDE) AND BEING THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF
SECTION 9;
THENCE SOUTH 02029' 14" WEST ALONG THE CENTERLINE OF SEACREST
BOULEV ARD AND THE EASTERLY LINE OF THE NORTHWEST QUARTER OF SECTION 9,
696.58 FEET TO A POINT;
THENCE NORTH 87030'46" WEST, 40.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF
SEACREST BOULEVARD AND BEING THE PRINCIPAL PLACE OF BEGINNING OF THE
PREMISES HEREIN DESCRIBED;
THENCE SOUTH 02029'14" WEST ALONG THE WESTERLY RIGHT-OF-WAY OF
SEACREST BOULEVARD, 522.21 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN
CAPPED #3935 FOUND (0,07 FEET NORTH AND 0,19 FEET EAST) AT THE NORTHEASTERLY
CORNER OF LAND CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC (PARCEL
CONTROL NUMBER 00-43-45-09-05-001-0020 & 00-43-45-09-00-000-3630) BY DEED DATED
DECEMBER 28, 2004 AND RECORDED IN O.R, BOOK 17943, PAGE 691 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE NORTH 88055'16" WEST ALONG A NORTHERLY LINE OF LAND SO
CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 545.43 FEET TO A PERMANENT
REFERENCE POINT (5/8" IRON PIN CAPPED #3935) FOUND;
THENCE SOUTH 03027' 44" WEST ALONG A WESTERLY LINE LAND SO CONVEYED TO
KEATLEY INVESTMENTS-PALM BEACH, LLC, 160,14 FEET TO A P.K, NAIL & WASHER
FOUND IN ASPHALT PAVEMENT;
THENCE NORTH 88055' 16" WEST CONTINUING ALONG A NORTHERLY LINE OF LAND
SO CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 344,35 FEET TO A 5/8" IRON
PIN CAPPED #3935 FOUND AND DISTURBED ON THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95);
THENCE NORTH 01001' 59" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95), A DISTANCE OF 180,00 FEET;
THENCE NORTH 36002' 54" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWA Y NUMBER 95 (1-95),143.16 FEET TO A POINT;
THENCE NORTH 10038' 03" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95), 587.24 FEET;
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THENCE NORTH 07025' 24" EAST ALONG THE EASTERLY RIGHT-Of-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95), 7.25 FEET TO A 5/8" IRON PIN CAPPED #3935
FOUND AND DISTURBED AT THE SOUTHWESTERLY CORNER OF LAND CONVEYED TO
KRISHNA REALTY, INC (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0022) BY DEED
DATED FEBRUARY 12,2000 AND RECORDED IN O.R. BOOK 11607, PAGE 332 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO
CONVEYED TO KRISHNA REALTY, INC., 342,66 fEET TO A Yz" IRON PIN FOUND (0,06 FEET
NORTH AND 0,37 FEET WEST);
THENCE NORTH 02029' 14" EAST ALONG THE EASTERLY LINE OF LAND SO
CONVEYED TO KRISHNA REALTY, INC, 152.37 FEET TO A POINT AT THE SOUTHWESTERLY
CORNER OF LAND CONVEYED TO TACO BELL OF AMERICA, INC (PARCEL CONTROL
NUMBER 00-43-45-09-23-000-0030) BY DEED DATED DECEMBER 28, 1999 AND RECORDED IN
O.R. BOOK 11529, PAGE 866 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO
CONVEYED TO TACO BELL OF AMERICA, INC., 187,21 FEET TO A Yz" IRON PIN FOUND (0,12
FEET SOUTH AND 0,33 FEET WEST);
THENCE NORTH 02029' 14" EAST ALONG THE EASTERLY LINE OF LAND SO
CONVEYED TO TACO BELL OF AMERICA, INC, 301.75 FEET TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY OF AFORESAID HYPOLUXO ROAD;
THENCE SOUTH 88053' 16" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF
HYPOLUXO ROAD, 54,00 FEET TO A POINT AT THE NORTHWESTERLY CORNER OF LAND
CONVEYED TO MOBIL OIL CORPORATION (PARCEL NO, 6) (PARCEL CONTROL NUMBER 00-
43-45-09-00-000-3070) BY DEED DATED APRIL 03, 1972 AND RECORDED IN O,R. BOOK ]997,
PAGE 176 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO MOBIL OIL CORPORATION, 137,00 FEET TO A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0,0 I FEET SOUTH AND 0, 16 FEET WEST) AT
THE NORTHWESTERLY CORNER OF LAND CONVEYED TO MICHEL p, BARBERIS (PARCEL
CONTROL NUMBER 00-43-45-09-23-000-0040) BY DEED DA TED APRIL 20, 2004 AND
RECORDED IN O.R, BOOK 16830, PAGE 1291 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
THENCE SOUTH I 1031 '09 WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL p, BARBERIS, 60.75 FEET TO A POINT;
THENCE SOUTH 02029' 14" WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL p, BARBERIS, 142.00 FEET TO A POINT;
THENCE SOUTH 87030'46" EAST THE SOUTHERLY LINE OF LAND SO CONVEYED TO
MICHEL P. BARBERIS, 147.50 FEET TO THE WESTERLY LINE OF TRACT "A" USED FOR
RIGHT-OF-WA Y OF SEACREST BOULEVARD OF SAID HY-CREST CENTER;
THENCE SOUTH 02029'14" WEST ALONG THE RIGHT-OF-WAY OF SEA CREST
BOULEVARD, 40.00 FEET TO A P.K. NAIL & WASHER FOUND IN ASPHALT PAVEMENT (0.10
FEET NORTH, 0,22 FEET WEST) AND BEING THE NORTHEASTERLY CORNER OF LAND
CONVEYED TO WAL-MART STORES, INC, (PARCEL 5) (PARCEL CONTROL NUMBER 00-43-45-
09-23-000-0050) BY DEED DATED JANUARY 24, 1989 AND RECORDED IN O.R, BOOK 5945,
PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE NORTH 87030'46" WEST ALONG THE NORTHERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INC. (PARCEL 5), 166,00 FEET TO A P.K. NAIL SET IN
ASPHAL T PAVEMENT;
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INC. (PARCEL 5), 260.00 FEET TO A 5/8"X30" IRON PIN
CAPPED (RIVERS TONE CO DUDLEY LS6527) SET;
THENCE SOUTH 87030'46" EAST ALONG THE SOUTHERL Y OF LAND SO CONVEYED
TO WAL-MART STORES, INC. (PARCEL 5), PASSING THROUGH A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0.07 FEET SOUTH AND 0,12 FEET WEST) AT
166.00 FEET, A DISTANCE OF 178,00 FEET TO THE PRINCIPAL PLACE OF BEGINNING AND
CONTAINING 14,7961 ACRES OF LAND AS SURVEYED AND DESCRIBED BY EDWARD B.
DUDLEY, L.S. NO. 6527 OF THE RIVERSTONE COMPANY IN OCTOBER OF 2008, BE THE SAME
MORE OR LESS, BUT SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND
RESTRICTIONS.
All 5/8"X30" IRON PIN SET AND CAPPED (RIVERSTONE CO DUDLEY LS6527)
DEED OF REFERENCE
LAND CONVEYED TO W AL-MART STORES, INC. BY DEED DATED JANUARY 24, 1989 AND
RECORDED IN OFFICIAL BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
BASIS OF BEARINGS:
THE CENTERLINE OF SEACREST BOULE V ARD AS SOUTH 02029'14" WEST AS RECORDED IN
HY-CREST CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64,
PAGE 177-178 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
SAM'S CLUB FUELING STATION SERVICE PUMPS PARCEL
(aka PARCEL 5)
LEGAL DESCRIPTION OF AREA OF INTEREST
A parcel of land lying in the Northwest Quarter (NW ~) of Section 9, Township 45 South,
Range 43 East, Palm Beach County, Florida, and known as being Parcel No. 5 of Hy-Crest
Center, as recorded in Plat Book 64, Page 177-178 of the Public Records of Palm Beach County,
Florid, and being further bounded and 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 said
Northwest Quarter of said Section 9;
Thence South 020 29' 14" West, along the centerline of Seacrest Boulevard and the east line of
the Northwest Quarter of Section 9, a distance of 696.58 feet to a point;
Thence North 870 30' 46" West, a distance of 52.00 feet to a permanent reference point (5/8"
iron pin capped #3935) found on the westerly line of Tract "A" used for right-of-way of Seacrest
Boulevard and being the Principal PLACE OF BEGINNING of the premises herein described;
Thence continue North 8r 30' 46" West, along a Northerly line of land conveyed to Wal-Mart
Stores, Inc. (Parcel No.1) (Parcel Control Number 00-43-45-09-000-0010) by deed dated
January 24,1989 and recorded in O.R.B. 5945, Page 1460 of the Public Records of Palm Beach
County, Florida, a distance of 166.00 feet to a 5/8" x 30" iron pin capped (Riverstone Co.
Dudley LS6527) set;
Thence North 020 29' 14" East, along a easterly line of land so conveyed to Wal-Mart Stores,
Inc. (Parcel No.1) a distance of260.00 feet to a P.K. nail set;
Thence South 870 30' 46" East along a Southerly line of land so conveyed to Wal-Mart Stores,
Inc. (Parcel No.1), a distance of 166.00 feet to a P.K. nail and washer found in asphalt pavement
and being the Westerly right-of-way line of Seacrest Boulevard;
Thence South 020 29' 14" West along the Westerly right-of-way line of said Seacrest Boulevard,
a distance of 260.00 feet to the Principal PLACE OF BEGINNING, and containing 0.991 acres
of land as surveyed and described by Edward B. Dudley, L.S. No. 6527 of the Riverstone
Company in October of 2008, be the same more or less, but subject to all leg al highways,
easements and restrictions.
Note: All 5/8" x 30" iron pins set and capped (Riverstone Co Dudley LS6527).
SAM'S CLUB AND NORTHSTAR PROPERTIES EXHIBIT~"
LOCATION MAP
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HDR _ High Density Residential V
MeDR- Medium Density Residential S
PPGI _ Public & Private Governmental/institutional 250 '20 a 250 SOD 750 '000
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."_1 - City Boundary