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O82-38ORDIbLANCE 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 LAND 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 THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Homart-Boynton Associates, the owner of the following tract of land described as: SEE ATTACHED EXHIBIT "A" 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 ~171.0~4, the following described unincorporated and contiguous tract of land situated and lying and being in the County of Palm Beach, Florida, to wit: SEE ATTACHED EXHIBIT "A" 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, the 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. Specific authority is hereby granted to codify this Ordinance. Section'7. 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. ?IRST READING THIS SECOND, FINAL READING and PASSAGE, this /~ day of ~ , 1982. CITY OF BOYNTON BEACH, FLORIDA ~e Mayor ATTEST: ity Clerk (Corp. Seal) 3/3/82 ( Re f Dwg ) .... 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 b.eing 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 00° 59' 39" E a distance of 130.00 feet to a point on the northerly right-of-way line of Old 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.W. 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 90°; N 02° 01' 39" W a distance' of 23.67 feet to a point; 134.54 feet alon_g 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 feet along a curve to the 'left having a radius of 320.00 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 curve to the right having a radius of 325.00 feet and a central an~le 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 1738.97 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 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 130.01 feet to a point; " Exhibit "A-" ~~ BOYNTON BEACH MALL PARCEL ~5 - MALL TRACT (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 43o-3-2' 5~" E a distance of 57.02 feet to a point on the westerly right-of-way line of Congress Avehue; thence S 00° 59 ' 39" E along said westerly right-of-way line of Congress Avenue a distance of 170.01 feet to a )oint; thence N 46° 27' 06" W a distance of 56.11 feet to a point; thence S 88° 05 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 39" E a distance of 229.99 feet to 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 57.02 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 130.01 feet to the principal point and place of beginning and containing 108.30 acres of land, more or less. Exhibit "A tr__w~