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O82-26ORDINANCE NO. 82- ~[~ AN ORDINANCE O.F 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~IAT 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 CONFL!~CT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, WILLIAM E. BENJAMIN, II, and POINT MANALAPAN DEVELOPMENT CORPORATION, owner of the following tract of land described a.s: 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, Section 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, Section 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, the proper zoning designation and land use category is being determined. 'Sect'ion '4. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Se'Ct'iOn 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. S'e~c~'iO~ '6. Specific authority is hereby granted to codify this Ordinance. 'S~e'ction 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. ~s~ection '8~ This Ordinance shall become effective immediateIy upon its final passage. Section 19. This Ordinance after adoption, shall be filed with the Clerk of the Circuit Court of Palm Beach County. FIRST READING THIS ~ day of j~ , 1982. SECOND, FINAL READING and PASSAGE,f/this ~ day of ~ 1982. CITY OF BOYNTON,~A By :~~~.~.~.~_~~ ~ kTTEST: city Clerk (Corp. Seal) - 3 - ROBERT E.OWEN, P. E. DONALD M. SHEPHERD. P. E. ERNEST L.GREENE,A.S.L.A. RONNIE H. D~XON. P. E. ARTHUR F. MEEKS, P. e. LAWRENCE A.MATTHEE,, FL L.S. ~ARLE ~EGATHLIN. JR..P.E. WARD L, M [TZELFELD, ~ L.S. PETER T. KRtCK,P. L.D. ROBERT E. OWEN ~g A88OCIATES, INC. ENGINEERS- PLAN N ERS-SU RVEYORS POST OFFICE BOX 3331 2300 FLA-MANGO ROAD WEST PALH BEACHt FLORIDA 33409 TELEPHONE (305) 689-6900' November 18, 1982 CIVIL STR U CTU RAL SANITARY E LECTR ICaL MECHANICAL plaN NING MUNICIPAL SURVEYING SOIL MECHANICS City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33435 Attn: Theresa Padgett Re: Survey in Section 9, Township 45 South, Range 43 East for William Benjamin Gentlemen: Enclosed are two (2) copies of the referenced survey in which the following revisions have been made in the wording of the section breakdown description: Last paragraph, fourth line from the bottom, the words "Page 176" were changed to read "Page 179". Last paragraph, end of third line from bottom and begin- ning of second line from the bottom previously read "bounded on the East by the West line" and was changed to read "bounded on the West by the East line". These changes were necessitated by a scrivener error on the ori- ginal document.~ WLM/lb cc: Ken Groves Very truly yours, Ward L. Mitzelfeld Exhibit "A" A parcel of land lying in Section 9, Town~hip 45 South, Range 43 East, Palm Beach County, Florida. The North 2/3 of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 9, Township 45 South, Range 43 East, Palm Beach County, Florida, less the North 159.82 feet of the West 135.00 feet thereof, and less the right-of-way of High Ridge Road (50.00 feet right-of/way) . TOGETHER WITH the North 2/3 of the Southeast 1/4 of %he Northwest 1/4 of %he South 1/4 of said Section 9. TOGETHER'WITH the North 1/2 of the Southwest 1/4 of ~he Southwest 1/4 and the South 1/3 of the South 1/2 of the Northwest 1/4 of ~he Southwest 1/4 of Section 9, less the 25.00 feet right-of-way of High Ridge Road. TOGETHER WITH the' South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 9, less the 25.00 feet right-of way of High Ridge Road. TOGETHER WITH Tracts, D, E, and F, as shown in Plat of~Linco!n Memorial Gardens, as re'corded in Plat~ Book 23, page 1.7~, Pal~ Beach County, Florida. TOGETHER WITH all that land, bounded on the South by the South line of said Section 9; bounded on the East by the West right-of-way of the Seaboard Air Line Railroad (as laid out and now in use); bounded on the North -by the South line of Tract "D", as same as shown on the Pla~of Lincoln Memorial Gardens, recorded in Plat Book 23, page 17~, Public ~eqords of Palm Beach County, Florida; bounded on the ~ by the ~ line of the South Half (S 1/2) of the Southwest Quarter (SW 1,/4) of the Southwest Quarter of said Section 9.