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O78-46GENE MOORE ORDINANCE NO. 78-4L kN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDa, A~E~qDING ORDINAT~CE N~D. 75-1g OF SAID CITY BY REZONING LOTS 1, 2, and 3, BLOCK 73, AND LOTS 4, 5, AND THE WEST 12' OF LOT 3, BLOCK 71, BEVEP~Y ~ILLS 3rd ADDITION FROM ZONE C2 TO ZOA~ C3; LOTS 31, 32, 33, 34, 35~ AND 36, BLOCK 73 AND LOTS 6~ 7~ A~ND THE WEST 12' OF LOT BLOCK 71~ BEVERLY HILLS ADDITIO/~ ~3 FR~M ZONE R1A TO ZONE C3~ AND THE EAST 13' OF LOT 8, LOT 9 AN~ I0 AND kDJACENT PORTION OF ACREAGE P~RCEL LOCATED IN SECTION 28, TOWNSHIP 45 SOUTh, RANGE 43 HAS? FROM ZONE R1A TO ZONE ~'i. FUR~3PIER PROVIDING FOR C3 ZOdiaC O~ VACATED PORT%O~ OF NORTH WEST 4th STREE? LY~tqG NORTH OF NORTHWEST ist AVENUE AMD SOUT~ OF NORThWeST 2~d AVENUE~ PRovIDING ~OR SAVINGS CLAUSE, PEALING PROVISION~,AN ~FF~CTIVE DA~E FOR OTHER PURPOSES. W~!EREAS, the City Council of the City of Boynton Beach, Florida, has heretofore adopted Ordinance No. 75--19 in which a Revised Zoning Map was adopted for said City; and WHEREAS~ %he City Council deems it to be in the best interests of the inhabitants of said City to amend the said Revised Zoning Map as hereinafter set forth~ NOW, THEREFOP~, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, F~ORIDA~ Section 1: The following described property located in the Cit~ o~ ~oynton Beach, Palm Beach County, Florida~ be and ~e same is hereby rezoned as indicated Parcel 1-Lots 1, 2, and 3~ Block 73, and Lots 4,5~ and the West 12' of Lot 3, Block 71, Beverly Hills Addition %3, Plat Book 13, Page 64, Less the 1-95 Right-of-Way, ~e~y rezoned from Zone C2 to Zone C3. Parcel 2-Lots 31, 32, 33, 34, 35~ and 36, Block 73, and Lots 6, 7, and the West 12' of Lot 8, Block 71~ Beverly Hills Addition ~3, Plat Book 13, Page 64, Less the 1-95 Right- or-Way, ~re[~he~eby rezoned from Zone R1A to Zone C3. Parcel 3-The East 13' of Lot S and all Of Lots 9, and 10, Block 71, Beverly Hills Addition ~3, Plat Book 13~ ~age ~4 together ~i~h ~e Sou~ 130' of the following descr~0ed parcet~ Commencing s a point 344' West of the Northeast corner of that tract of land described as the North half of Lot 5~ of the subdivision of the West half of Section 28, Township 45 South, Range 43 East, running thence East 50'; thence South 330'; thence West 50'; thence North 339~ to the ~oint of beginn~ng~ less road right-of~-way; are hereby rezoned from Zone R1A to Zone Cl. Parcel 4-That portion of Northwest 4th Street lying North of Northwest 1st Avenue and South of Northwest 2nd Avenue which has been previously abandoned is hereby rezoned Zone C3. Section 4: parts of Ordinances Section 5: become effective in First reading this ~ Second~ final reading ~.~ , A.D., 1§78. The above rezonin? is specifically contingent and conditioned upon the following: 1. That subject parcel in its entirety shall remain a unity of ownership and title and in the event any portion of said parcel ls ever seve~sd, the ~oning of the entire' parcel shall automatically revert to its former zoning classification. 2. That the present owner of subject parcel shall within twelve (12) months from the effective date of this Ordinance commence construction of a 100 room Holiday Inn Motel on said parcel. 3. That in connection with the use of said parcel as a Holiday Inn Motel site, no ingress or egress to or from said parcel shall be routed throu~-h on or over Northwest 1st Avenue. 4. That owners shall relocate any existing utilities within that portion of the right-of-way of Northwest 4th Street which has been abandoned with connection with this project~lat their expense and they shall grant any necessary easements over their property to accommodate any required utility relocations. Violation of or failure to comply with any of the above conditions shall result in the zoning of subject property auto- matically reverting to ita ~for~er zoningl claSs~ification. Section 2: The said Revised Zoning Map of the City shall be amended accordingly. Section 3: Separability: Each of the provisions of this Ordinance is separable, including work, clause, ohrase or sentence, and if any portion thereof shall be declared invalid, the remaining portion shall not be affected but shall remain in full force and effect. Repealing Provision: Ail Ordinances or in conflict herewith are hereby repealed. An Effective Date: This Ordinance shall the manner and at the time provided by Law. day of ~L'/I~, A.D., 1978. and passage~ this __~ day of GENE MOORE CITY OF BOYNTON BEACH, FLORIDA ~ci 1~ Member ~~ j~- ~/~ ~" Council Member AT~!E ST: -City Clerk (Corp. Seal)