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O82-39ORDINANCE NO. 82-3~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND FLORIDA STATUTES 171.044; PROVIDING T}tAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDIN- ANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES OR PARTS OF OP~INANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Homart-Boynton Associates, owner, of the follow- ing tract of land described as: SEE EXHIBIT "A" ATTACHED filed a Petition for Annexation to the City of Boynton Beach direct to the City Council pursuant to Article 7(32) of the Charter of the City of Boynton Beach, Florida, and Florida Statutes ~171.044 (1980); and WHEREAS, the said tract of land lying and being within Palm Beach County is contiguous to the existing City limits of the City of Boynton Beach, Florida, and will upon its annexation constitute a reasonably compact addition to the City territory; and WHEREAS, the proposed use of said land and land use designation has been determined to be consistent with the future land uses of the City of Boynton Beach and the Palm Beach County Commission has no objection to the designated use. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. Pursuant to Section 7(32) of the Charter of the City of Boynton Beach, Florida, and Florida Statutes ~171.044, 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 is hereby annexed to the City of Boynton Beach 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 Boynton Beach City Charter is hereby amended to reflect the annexation of that tract of land more particularly described in Section 1 of this Ordinance'. Section 3. That by Ordinances adopted simultaneous herewith, t.he proper zoning designation and land use category is being determined. Section 4. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof other than the part declared to be invalid. Section 6. codify this Ordinance. Section ~7. Specific authority is hereby granted to This Ordinance shall not be~passed until the same has been advertised for four (4) consecutive weeks in a newspaper of general circulation in the City of Boynton Beach as required by the City Charter and Florida Statutes ~171.044. Section 8. This Ordinance shall become effective immediately upon its final passage. Section 9. This Ordinance after adoption, shall be filed with the Clerk of-the Circuit Court of Palm Beach County. FIRST READING this ~ day of ~~ , 1982. SECOND, FINAL READING and PASSAGE, this.. /~ day of ~ , 1982. ATTEST: uity Clerk ~ (Corp. Seal BOYNTON BEACH MALL PARCEL ~ 2 Being a tract of land located i.n Section 19, Township 4'5 South, Range 43 East, County of Palm Beach, Florida and further described as.follows: Beginning at the sou%beast corner of Section 19, T 45 S,R 43. E; Thence N 00~ 59' 39" W along the east line of sa id Section 19, a distance of 2028..11 feet to a point; thence $ · 89" 00' 21" W a distance of 60.00 feet to a point on the westerly right-of-way line of Congress - Ave~]ue, 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 point; 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; thence S 88° 05' 26" W a distance of 340.00 feet to a point; - thence N 00° 59' 39" W a distance of 230.00 feet to a point; thence N 88" 05' 26" E a distance of 608.00 feet· to a point; thence S 46° 27' 06" E a distance ~f 56.11 feet to a point on the westerly righ.h-of-way iine of Congress Avenue; thence S 00° 59" ~ '39" E along the westerly right-.of-way line Cong.ress Avenue,- a distance of 529.99 'feet to the principal point a,]d place of beginning and co,ltaining 7.87 acres land, more or less. BOYNTON BEACH MALL PARCEL ~ 3 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: Beginnihg a~?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 2728.11 feet to a po'~nt; 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, sa id point being the principal point and place .of beginning of the following description: Thence S 43° 32' 54" W a distance (wi 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-o f-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