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O99-11ORB 1 110~ Pg 18 ORDINANCE NO. 099-// AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING 9.64 ACRE PARCEL LOCATED ON THE NORTHWEST CORNER OF BOYNTON BEACH BOULEVARD AND WINCHESTER PARK BOULEVARD; ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ANN EXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETTFION BY THE OWNER OF SAID TR..~CT OF I_A, ND~ REQUESTING ANN~I~ATI©N PURSUANT TO ARTICLE I, SECTION 7 (32) OF i~-IE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044, AND 171.062(2), FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED-SIMULTANEOUSLY HEREWITH; ' PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY; FLORIDA, UPON ADOPTION. WHEREA$~ the Comprehensive Plan for the City of Boynton Beach requires the development of an Annexation Program; and WHEREASf Michael Schroeder as Trustee, and 'Mafilyn Seiva, property owners 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 annexing a certain tract of land consisting of 9.64 acres; and WHEREA~f the City of Boynton Beach hereby exercises its option to annex the following tract of land as hereinafter described, in accordance with Article I, Section 7 (32) of the Charter of the City and .Section 171.044, and 171.062(2), Florida Statutes; and ORB 11185 Pg 19. 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, and will, upon its annexation, constitute a reasonably compact addition to the City territory. NOWt THEREFORE~ BE :IT ORDA:~NED BY THE C:II'Y COI~II~I:~SSZON OF THE Cll'Y OF BOYNTON BEACH, FLOR:IDA~ THAT; Section 1. Pursuant to Article I, Section 7 (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, Florida, to wit: SEE EXHIBIT"A' ATTACHED HERETO is hereby annexed to the City of Boynton Beach, Flodda, 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 incorporated in the territorial boundaries thereof. Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton Beach, Florida, is hereby amended to reflect the annexation of said tract of land more particularly described in Section I of this Ordinance. Sect!on 3: That by Ordinances adopted sim,.Jltaneou.~ly herewith, the proper City zoning designation and Land Use category is being determined as contemplated in Section 171.162(2), Florida Statutes. 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. ORB 11185 Pg ~0 Section 6: This Ordinance shall not be passed until annexation is advertised for two (2) 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 7. Specific authority is hereby given to codify this Ordinance. Section 8. This ordinance, after adoption, shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida. FIRST READING this ~ day of /~,~P/~ ,1999. SECOND, FINAL READING and PASSAGE this ~'~ day of ~'~//-. ,1999. Cit~Clerk ClTY OF BOYNTON, BEACH, FLOR.IDA . Commissioner Commissioner DOROTHY H. I~I.LKEN, CLERK PB COUNTY,~,~FL Tract 51 of the SUBDIVISION OF" soUTHEAST % ~F 'SISC-TION 19, TOVVNSHIP 45 souTH:, R~NGE- 43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Flodda. Tract 52 of the SUBDIVISION OF SOUTHEAST % of SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Flodda. Also described as the South ½ of the Southwest % of the Southwest % of the Southeast % of SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LESS the West 15 feet thereof; and LE~S tha';' portion there':of !¥~in~ w~thir, the I...~ke Worth Drai,aage District Canal L-24 Right-of- Way. Also, that part of the Lake Worth Drainage District Canal L-24 right-of-way lying North and adjacent to Block 7 of the Plat of Palm Beach Farms Company Plat No. 8, according to the Plat recorded in Plat Book 5, Page 73, of the Public Records of Palm Beach County, Florida; same portion of said Canal L-24 ~ht-of way lying within Tract 52 of the Subdivision of Southeast % of Section 19, Township 45, Range 43, according to the Plat recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida. · Together with the West 15 feet of Tract 52 of the Subdivision of SE % of Section 19,.Township 45, Range 43, according to the Plat recorded in Plat Book 7; Page 19, of the Public Records of Palm Beach-- County, Florida. Together with the ~ht-of-way of Knuth Road lying West and adjacent to the afore described Tracts 51 and 52. NOTI. CE OF ORB 11185 P§ 17 MUNICIPAL ANNEXATION FROM: City. of-Boynton Beach, Florida Please be advised by this notification and attached location map, that certain lands have been annexed by BOYNTON BEACH, Florida. Information contained herein is pertinent to the area in question. If additional material is required, please contact the office of: THE CITY PLANNER. Name of Development/Owner: Ordinance # 099-1i o Effective Date: April,' Area of Subject Proper Estimated Present Popu WAL-MART STORES EAST, INC. ff Special Act of State Legislature: ~6, 1999 :Y: Sq. Ft. g. 6~ [ation= None Bill # Acres Estimated Number of Existing Dwelling Units: Estimated Present Residential Density: 'None Zoning:C-3 (Community Commer¢ia~ensity AIlowed: None d.u.'s/acre d.u.'s/acre Existing Type of Development: Vacant Land Proposed Type of Development: 'Commercial/Retail __*Owner or Petitioner __All City Departments All Utility Comp~nies ~Chamber of Commerce Bureau of Census *Clerk of County Circuit Court to receive copy of ordinance Attachment Location Map *County Commissioners __*County Planning, Bldg, Zoning __*Area Planning.Board __*Countywide Planning Council __*County Tax Assessor __*Secretary of State *supervisor of Registration ~*State Beverage Department ~*State Department of Transportation