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O82-41ORDINANCE NO. 82- ~/ 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 PARTICULARLY 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 adopted a comprehensive Land Use Plan and as part of said Plan, a land use element by Ordinance No. 79-24, in accordance 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 Association 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 herewith shall be designated as 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 All Ordinances or parts of Ordinances in ict herewith are hereby repealed. Section 5. This Ordinance shall become effective upon its passage. FIRST READING the /~ day of ~~/~ , 1982. SECOND· FINAL READING and PASSAGE this /~ day of · 1982. ATTEST: CITY OF BOYNTON BEACH, FLORIDA City Clerk (Corp. Seal) 3/3/82 ( Re f D~g ) PA -1 BOYNTON BEACH- MALL PARCEL ~5 - MALL TRACT Being a 'tract of land located in Section 19, Township 45 South, Range 43 East, County of Palm Beach, Florida and further described 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 1898.10 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 also being the' principal point and place of beginning of the following description: Thence S 88© 05' 26" W a distance of 846.73 feet to a point, Thence S 43° 32' 54" W a distance of 57.02 feet to a point; Thence S 00° 59' 39" E a distance of 231.62 feet to a point; Thence S 14° 46' 19" E a distance of 207.00-feet to a point; Thence S 0-0° 59' 39" E a distance of 130.00 feet to a point on the northerly right-of-way line of Ol-d Boynton Road; Thence N 89© 46' 34" W, along said northerly right-of-way line of Old Boynton Road, a distance of 1689.25 feet to a point; Thence N 00° 51' 51" W a distance of 1227.27 feet to a point on the southeasterly right-of-way line of the relocated · L.Wi D. D. L-23 canal; Thence along said southeasterly right-of-way line the following courses; N 87° 58' 21" E a distance of 72.34 feet to a point; 227.77 feet along a curve to the left having a radius of 145.00 feet and a central angle of 900; N 02° 01' 39" W a distance of 23.67 feet to a point;- 134.54 feet along a curve to the right having a radius of 240.00 feet and a central angle of 32° 07' 05" to a point; 234.57 fee't ~ along a curve to the -left- having a radius of 3.20.00 feet and a central angle of 42° to a point; N 11° 54' 34" W a distance of 70.00 feet to a point; 294.96 feet along a curv. e to the right having' a radius of 325.00 feet and a central angle of 52° to a'point; 293.22 feet along a curve to the left having a-radius of 420.00 feet and a central angle of 40° to a point; N 00~ 05' 26" E a distance of 145.00 feet to a point on the southerly right-of-way line of the Boynton Canal; Thence N 88© 05' 26" E along said southerly right-of-way line, a distance of 1.738.97 feet to a point; Thence S 00° 59' 39" E a distance of 472.86 feet to a point; Thence N 88° 05'. 26" E a distance of 328.87 feet to a point om the westerly right-of-way line of Congress Avenue; Thence S 00° 59' 39" E, along said westerly r~ght-of-way line of Congress Avenue, a distance of 130.01 feet to a point; EXHIBIT "A" . ~ -.~ BOYNTON. BEACH MALL PARCEL .~'5 - MALL TR.ACT (CONTINUED) thence N 46° 27' 06" W a distance of 56.11 feet to a point; thence S 88° 05' 26" W a distance of 430.00 feet .to a point; .thence S 00° 59' 39" E 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 N 43° 32' 54" E a distance of 57..02, feet to a point on the westerly right-of-way line of Congress Avenue; thence S 00° 59' 39" E ' along said westerly right-of-way line of Congress Avenue a distance of 170.01 feet to a point; th'ence N 46° 27' 06" W a distance of 56.11 feet to a point; thence S 88° 85' 26" W a distance of 608.00 feet' to a point; thence S 00° 59' 39" E a distance of 230.00 feet to a point; thence N 88° 05' 26" E a distance of 340.00 feet to a point; thence S 00° 59' 39" E a distance of 150.00 feet to a point; thence S 88° 05' 26" W a distance of 340.00 feet to a point; thence S 00° 59' 3-9" E a distance of 229.99 feet t'o a point'; thence N 88° 05' 26" E a distance of 608.00 feet to a..point; thence N 43° 32' 54" E a distance of 57.0.2 feet to a point on the westerly right-of-way tine of Congress Avenue; thence S 00° 59' 39" E along said westerly right-of-way line of Congress Avenue a distance of 130.01 ~eet to the principal point and place of beginning and containing 108.30 acres of land, more or less. EXHIBIT "A" (CONTINUED)