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O82-42ORDINANCE NO. 82-~,9- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY, BY'AMENDING LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH WHICH IS MORE PARTI- CULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY COMMERCIAL POTENTIAL TO BOYNTON BEACH LOCAL RETAIL; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISION; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Boynton Beach, Florida, had adopte'd a comprehensive Land Use Plan and as part of said Plan, a land use element by Ordinance No. 79-24, in accord- ance with the Local Government Comprehensive Planning Act; and WHEREAS, a certain parcel of land more particularly described hereinafter is being annexed in accordance with an application by Homart-Boynton Associates through its agents, into the City by Ordinance being adopted simultaneous herewith; and, WHEREAS, the procedure for amendment of a Land Use Element of Comprehensive Plan is set forth in.Florida Statutes ~163.3184 has been followed; and, WHEREAS, after public hearing and study, the City Council deems it in the best interest of the inhabitants of said City to amend the aforesaid Land Use Element of Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA': Section 1. That Ordinance No. 79-24 of the City is hereby amended to reflect the following: That the land use of the following described land which is being annexed into the City of Boynton Beach, Florida, by Ordinance simultaneously here- with shall be designated Local Retail. Said land is more particularly described as follows: SEE ATTACHED LEGAL DESCRIPTION (EXHIBIT "A") Section 2. That any maps adopted in accordance with the Land Use Element of said Comprehensive Plan shall be amended accordingly. Section 3. That 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 4. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 5. This Ordinance shall become effective upon its passage. SECOND, FINAL READING and PASSAGE this /~ of ~ , 1982. , 1982. day CITY OF BOYNTON BEACH, FLORIDA C ATTEST: City Clerk (Corp. Seal) BOYNTON BEACit t~IALL PARCEL ~ 2 Beinw a tract of land located i.n Sectiou 13, Township 4'5 South, Range 43 East, County of Palm Beach, Florida and further descri:bed as follows: Beginning at the southeast corner of Section 19, T 45 S,R 43. E; Thence N 00~ 59' 39" W along the east line of said Section 19, a distance of 2028..11 feet to a point; thence S 89~ 00' 21" W a distance of 60.00- feet to a point on the westerly right-of-way line of Congress - Avenue~ said point being the principal point and place of beginning of the following desc. ription: Thence S 43~ 32' 54" W a distance of 57.02 feet to a point; thence S 88° 05' 26" W a distan.ce of 608.00 feet to a poxnt; thence N 00~ 59' 39" W a distance of 229°99 feet to a point; thence N 88° 05' 26" E a distance of 340.00 feet to a point; thence N 00~ 59' 39" W a distance of 150.00 feet to a point; t~lence S 88° 05' 26" W a distance of 340.00 feet to a thence N 00~ 59' 39" W a distance of 230.00 feet-to a point; thence N-88~ 05' 26" E a d'istance of 608.00 feet to a poxnt; thence S 46~ 27' 06" E a distance (xf 56.11 feet to a point ,on the westerly righ.t-of-way ~ine of Congress Avenue; thence S 00" 59" ' 39" E along the westemly rightqof-way line Congress Avenue,- a distance of 529.99 'feet to the principal point and place of beginning and containing 7.87 acres land, more or less. BOYNTON BEACH MALL PARCEL ~ 3 Being a tract of land located i.n Section 19, Township .15 South, Range 43 East, County of Palm Beach, Florida and further described as follows: o Beginning at' 'the southeast co~ner of Section 19, T 45 S,R 43 E; Thence N 00~ 59' 39" W along the east line of sa~d Section 19,. a distance of 2728.11 feet to a point; thence S 89~ 00' 21" W a distance of 60.00. feet to a point .on the westerly right-of-way line of Congress Avenue, said point being the principal, point and place of beginning of the following description: Thence S 43~ 32' 54" w a distance of 57.02 feet to a point; thence S 88° 05' 26" W a distance of 430.00 feet to a point; thence N 00° 59' 39" W a distance of 609.99 feet to a point; thence N 88~ 05' 26" E a distance of 430.00 feet to a point; thence S 46~ 27' 06" E a distance of 56.11 feet to a point on the westerly right,of-way line of Congress Avenue; thence S 00~ 59' 39" E along the westerly right-of-way line of Congress Avenue, a distance of 529.99 feet to the principal point and place of beginning and containing 6.54 acres of land, more or less. · EXHIBIT A