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19-0041 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 19-004 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR PROPERTY COMMONLY KNOWN AS BOYNTON BEACH MALL AND DESCRIBED HEREIN, OWNED BY WASHINGTON PRIME GROUP, LLC. AND OTHERS, CHANGING THE LAND USE DESIGNATION FROM DEVELOPMENT OF REGIONAL IMPACT (DRI) TO: MIXED USE LOW (MXL); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the Future Land Use Element (designation) of the Comprehensive Plan as hereinafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the Land Use of the following described land: ARCEL A , TRACT OF LAND LOCATED IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, 'OUNTY OF PALM BEACH, FLORIDA, AND FURTHER DESCRIBED AS FOLLOWS: Internet Files\Content.IE5\52FYTEOE\Boynton_Beach_Mall_LUA_- 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 8 79 80 81 82 83 84 85 86 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE N.0° 59'39"W. ALONG THE EAST LINE OF SECTION 19, A DISTANCE OF 1898.10 FEET TO A POINT; THENCE S.89° 00'21 "W., A DISTANCE OF 60.00 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION: THENCE 5.88005'26"W., A DISTANCE OF 846.73 FEET TO A POINT; THENCE 5.43°32'54"W., A DISTANCE OF 57.02 FEET TO A POINT; THENCE S.0°59'39"E., A DISTANCE OF 258.27 FEET TO A POINT; THENCE 5.160 46'44.2"E., A DISTANCE OF 199.60 FEET TO A POINT; THENCE S.0059'39"E., A DISTANCE OF 102.20 FEET TO A POINT; THENCE 5.44°46'34"E., A DISTANCE OF 14.45 FEET TO A POINT ON THE NORTHERLY LINE OF BOYNTON WEST ROAD (FORMERLY OLD BOYNTON ROAD); THENCE N.89°46'34"W., ALONG SAID NORTHERLY LINE, A DISTANCE OF 101.03 FEET TO A POINT; THENCE N.0°59'39"W., A DISTANCE OF 146.55 FEET TO A POINT; THENCE N.45° 00'00"W., A DISTANCE OF 214.15 FEET TO A POINT; THENCE N.45000'00"E., A DISTANCE OF 130.95 FEET TO A POINT; THENCE N.45°00'00"W., A DISTANCE OF 383.00 FEET TO A POINT; THENCE 5.45°00'00"W., A DISTANCE OF 59.00 FEET TO A POINT; THENCE DUE WEST, A DISTANCE OF 597.51 FEET TO A POINT; THENCE 5.45° 00'00"W., A DISTANCE OF 120.50 FEET TO A POINT; THENCE N.45°00'00"W., A DISTANCE OF 31.50 FEET TO A POINT; THENCE 5.45°00'00"W., A DISTANCE OF 341.59 FEET TO A POINT; THENCE 14.58 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 256.00 FEET AND A CHORD OF 14.57 FEET, BEARING 5.43°22'07.2"E. TO A POINT; THENCE 5.45°00'00"E., A DISTANCE OF 212.13 FEET TO A POINT; THENCE 25.00 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 331.00 FEET AND A CHORD OF 24.99 FEET, BEARING 5.47009'49.5"E. TO A POINT; THENCE S.45°00'00"W., A DISTANCE OF 80.00 FEET TO A POINT; THENCE 5.000 13'26"W., A DISTANCE OF 76.34 FEET TO A POINT ON THE NORTHERLY LINE OF BOYNTON WEST ROAD (FORMERLY OLD BOYNTON ROAD); THENCE N.89°46'34"W., ALONG SAID NORTHERLY LINE, A DISTANCE OF 384.27 FEET TO THE POINT OF INTERSECTION WITH THE EASTERLY LINE OF JAVERT STREET; THENCE N.0°51'51 "W., ALONG SAID EASTERLY LINE, A DISTANCE OF 1228.05 FEET TO A POINT; THENCE S.87°58'21 "W., A DISTANCE OF 20.01 FEET TO A POINT; THENCE N.0°5 P51 "W., A DISTANCE OF 85.00 FEET TO A POINT; THENCE N.87°58'21 "E., A DISTANCE OF 20.01 FEET TO A POINT; THENCE N.0°51'51 "W., A DISTANCE OF 1191.23 FEET TO A POINT; THENCE N.88°05'26"E., A DISTANCE OF 2171.99 FEET TO A POINT; THENCE S.0°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 LINE OF CONGRESS AVENUE; THENCE S.0059'39"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 130.01 FEET TO A POINT; THENCE N.460 27'06"W., A DISTANCE OF 56.11 FEET TO A POINT; THENCE 5.88005'26"W., A DISTANCE OF 430.00 FEET TO A POINT; THENCE S.0059'39"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 LINE OF CONGRESS AVENUE; THENCE S.0059'39"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 170.01 FEET TO A POINT; THENCE N.46027'06"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.0059'39"E., A DISTANCE OF 230.00 FEET TO A POINT; T14ENCE,N.880 05'26"E., A DISTANCE OF 340.00 FEET TO A POINT; THENCE S.0059'39"E., A DISTANCE OF 150.00 FEET TO A POINT; THENCE 5.88005'26"W., A DISTANCE OF 340.00 FEET TO A POINT; THENCE S.0059'39"E., A DISTANCE OF 229.99 FEET TO A POINT; THENCE N.88005'26"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 LINE OF CONGRESS AVENUE. THENCE S.0° 59'390"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 130.01 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING, TOGETHER WITH THE FOLLOWING FIVE (5) PARCELS: 1. (DILLARDS SITE): 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, TOWNSHIP 45 SOUTH, RANGE 43 .EAST; THENCE N.00 59'39"W., ALONG THE EAST LINE OF SAID SECTION 19, A C:\Users\StanzionefAppdata\Local\Microsoft\Windows\Temporary Intemet Files\Content.fE5\52FYTEOE\Boynton_Beach_Mall_LUA_- Ordinance.Docx 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 1.39 140 DISTANCE OF 1262.20 FEET TO A POINT; THENCE N.89°46'34"W., A DISTANCE OF 60.01 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF CONGRESS AVENUE WITH THE NORTHERLY RIGHT OF WAY OF BOYNTON WEST ROAD (FORMERLY OLD BOYNTON ROAD); THENCE N.89°46'34"W., ALONG THE SAID NORTHERLY RIGHT OF WAY LINE OF BOYNTON WEST ROAD, A DISTANCE OF 2175.25 FEET TO A POINT; THENCE 164.62 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE BEING THE CENTERLINE OF MALL ENTRANCE "A", HAVING A RADIUS OF 210.65 FEET, AND A CHORD OF 160.46 FEET, BEARING N.22°36'43"E., TO A POINT, SAID POINT BEING THE INTERSECTION OF THE CENTERLINE OF ENTRANCE "A" AND THE CENTERLINE OF THE MALL PERIPHERAL ROAD; THENCE N.45°00'00"W., ALONG SAID CENTERLINE OF THE MALL PERIPHERAL ROAD, A DISTANCE OF 185.86 FEET TO A POINT; THENCE CONTINUING ALONG SAID PERIPHERAL ROAD CENTERLINE, 214.15 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 278.00 FEET AND A CHORD OF 208.89 FEET, BEARING N.22055'56"W. TO A POINT; THENCE CONTINUING ALONG SAID PERIPHERAL ROAD CENTERLINE, N.0°51'51 "W., A DISTANCE OF 562.94 FEET TO A POINT; THENCE N.89008'09"E., A DISTANCE OF 17.50 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION: THENCE DUE EAST, A DISTANCE OF 453.76 FEET TO A POINT; THENCE DUE SOUTH, A DISTANCE OF 52.50 FEET TO A POINT; THENCE DUE EAST, A DISTANCE OF 102.74 FEET TO A POINT; THENCE DUE SOUTH, A DISTANCE OF 272.00 FEET TO A POINT; THENCE DUE WEST, A DISTANCE OF 82.84 FEET TO A POINT; THENCE 5.45°00'00"W., A DISTANCE OF 206.53 FEET TO A POINT; THENCE N.45000'00"W., A DISTANCE OF 30.50 FEET TO A POINT; THENCE 5.45000'00"W., A DISTANCE OF 356.00 FEET TO A POINT; THENCE 151.99 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 256.00 FEET AND A CHORD OF 149.68 FEET, BEARING N.17°51'43.4"W. TO A POINT; THENCE N.0°51'51 "W., A DISTANCE OF 558.30 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING AND CONTAINING 6.12 ACRES OF LAND, MORE OR LESS, TOGETHER WITH. 2. (CHRIST FELLOWSHIP CHURCH): A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE N.87058'21 "E., A DISTANCE OF 20.000 FEET TO A POINT; THENCE N.0°51'51 "W., A DISTANCE OF 35.00 FEET TO A POINT; THENCE N.87°58'21 "E., A DISTANCE OF 20.01 FEET TO A POINT; THENCE N.0°51'51 "W., A DISTANCE OF 78.33 FEET TO A POINT; THENCE N.89° 08'09"E., A DISTANCE OF 168.29 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION: THENCE N.25014'17"E., A DISTANCE OF 254.35 FEET TO A POINT; THENCE N.0°53'26"W., A DISTANCE OF 357.40 FEET TO A POINT; THENCE 32013'52"E., A DISTANCE OF 12.14 FEET TO A POINT; THENCE DUE EAST, A DISTANCE OF 141.50 FEET TO A POINT; THENCE DUE NORTH, A DISTANCE OF 33.37 FEET TO A POINT; THENCE DUE EAST, A DISTANCE OF 257.34 FEET TO A POINT; THENCE DUE SOUTH, A DISTANCE OF 194.18 FEET TO A POINT; THENCE DUE EAST, A DISTANCE OF 80.00 FEET TO A POINT; THENCE S.0°00'30"W., A DISTANCE OF 275.55 FEET TO A POINT; THENCE N.89°58'24"W., A DISTANCE OF 123.07 FEET TO A POINT; THENCE S.00 01'36"W., A DISTANCE OF 201.00 FEET TO A POINT; THENCE DUE WEST, A DISTANCE OF 177.03 FEET TO A POINT; THENCE DUE SOUTH, A DISTANCE OF 62.83 FEET TO A POINT; THENCE DUE WEST, A DISTANCE OF 265.55 FEET TO A POINT; THENCE N.23058'07"W., A DISTANCE OF 55.20 FEET TO A POINT; THENCE DUE NORTH, A DISTANCE OF 52.00 FEET TO THE PRINCIPAL POINT AND THE PLACE OF BEGINNING AND CONTAINING 7.16 ACRES OF LAND, MORE OR LESS, TOGETHER WITH. . (THEATER SITE): ;:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IES\52FYTEOE\Boynton_Beach_Mall_LUA_- Ordinance.Docx 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 1.68 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 19i 192 193 194 A TRACT OF LAND LOCATED IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, COUNTY OF PALM BEACH, FLORIDA AND FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE N.00° 59'39"W. ALONG THE EAST LINE OF SAID SECTION 19, A DISTANCE OF 2643.10 FEET TO A POINT; THENCE S.89000'21 "W., A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE; THENCE S.88°05'26"W. ALONG THE CENTERLINE OF MALL ENTRANCE ROAD "D", A DISTANCE OF 850.00 FEET TO A POINT, SAID POINT BEING THE INTERSECTION OF THE CENTERLINE OF MALL ENTRANCE ROAD "D" AND THE CENTERLINE OF THE MALL PERIPHERAL ROAD; THENCE S.00059'39"E., ALONG THE SAID CENTERLINE OF THE MALL PERIPHERAL ROAD, A DISTANCE OF 1.89.01 FEET TO A POINT; THENCE S.89°00'21 "W., A DISTANCE OF 22.00 FEET; THENCE N.0059'39"W., A DISTANCE OF 828.34 FEET TO THE POINT OF BEGINNING; THENCE S.00 509"E., A DISTANCE OF 448.19 FEET TO THE POINT OF A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 25.00 FEET AND A CHORD DISTANCE OF 35.66 FEET BEARING OF S.44030'10"W.; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90059'38" FOR A DISTANCE OF 39.70 FEET; THENCE DUE WEST, A DISTANCE OF 215.64 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 25.00 FEET AND CHORD DISTANCE OF 35.36 FEET BEARING N.450 00'00"W., THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 90000'00" FOR A DISTANCE OF 39.27 FEET; THENCE DUE NORTH, A DISTANCE OF 172.39 FEET; THENCE DUE WEST, A DISTANCE OF 30.10 FEET; THENCE DUE NORTH, A DISTANCE OF 109.10 FEET; THENCE DUE EAST 30.10 FEET; THENCE DUE NORTH, A DISTANCE OF 180.71 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 20.00 FEET AND A CHORD DISTANCE OF 15.39 FEET BEARING N.220 38'04"E., THENCE NORTHEASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45016'09" FOR A DISTANCE OF 15.80 FEET' THENCE N.45016'09"E., A DISTANCE OF 4.62 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 18.00 FEET AND A CHORD DISTANCE OF 24.03 FEET BEARING N.87008'14"E.; THENCE RUN ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 83044'10" FOR A DISTANCE OF 26.31 FEET TO THE POINT OF REVERSE CURVE OF A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 39.15 FEET AND A CHORD DISTANCE OF 26.14 FEET BEARING S.700 29'50"E.; THENCE RUN ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39000'19" FOR A DISTANCE OF 26.65 FEET; THENCE S.89059'59"E., A DISTANCE OF 198.62 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 281.00 FEET AND A CHORD DISTANCE OF 23.62 FEET BEARING S.3024'10"E.; THENCE RUN ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 40 49'02" FOR A DISTANCE OF 23.63 FEET TO THE POINT OF BEGINNING. CONTAINING 3.065 ACRES MORE OF LESS, TOGETHER WITH. 4. (PARCEL B): . NON-EXCLUSIVE EASEMENTS FOR THE BENEFIT OF PARCEL A ABOVE, CREATED BY AND MORE PARTICULARLY DESCRIBED IN THE EASEMENT AND OPERATING AGREEMENT BY AND AMONG FEDERATED DEPARTMENT STORES, INC, ASSOCIATED DRY GOODS CORPORATION, MACY'S NEW YORK, INC. AND BOYNTON-JCP ASSOCIATES, LTD., RECORDED IN OFFICIAL RECORDS BOOK 4379, PAGE 334; AS ASSIGNED BY MACY'S NEW YORK, INC. TO MACY'S ATLANTA, INC. BY THE ASSIGNMENT AND ASSUMPTION AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 5875, PAGE 752; AS ASSIGNED BY ASSOCIATED DRY GOODS CORPORATION TO MERVYN'S BY THE ASSIGNMENT AND ASSUMPTION AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 6719, PAGE 867; AS MODIFIED BY THE FIRST AMENDMENT RECORDED IN OFFICIAL RECORDS BOOK 8852, PAGE 1598; AS ASSIGNED BY MERVYN'S TO DILLARD DEPARTMENT STORES, INC. BY THE ASSIGNMENT AND ASSUMPTION AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK C:\Users\Stanzionet\AppdatEJLocal\Microsoft\Windows\Temporary Internet Files\Content.IE5\52FYTEOE\Boynton_Beach_Mall_LUA_- Ordinance.Docx 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 )751, PAGE 1807; AS ASSIGNED BY MACY'S PRIMARY REAL ESTATE, INC. TO MACY'S EAST, NC., BY THE ASSIGNMENT AND ASSUMPTION AGREEMENT RECORDED IN OFFICIAL tECORDS BOOK 11259, PAGE 1885; AS MODIFIED BY THE SECOND AMENDMENT ZECORDED IN OFFICIAL RECORDS BOOK 13121, PAGE 1747; AND AS ASSIGNED BY MACY'S ?AST, INC. TO BOYNTON-JCP ASSOCIATES, LTD. BY THE ASSIGNMENT AND ASSUMPTION )F REA RECORDED IN OFFICIAL RECORDS BOOK 18077, PAGE 1413, ALL OF THE PUBLIC tECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH. i. (MACY'S SITE): k TRACT OF LAND LOCATED IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, '_OUNTY OF PALM BEACH, FLORIDA, AND FURTHER DESCRIBED AS FOLLOWS: 3EGINNING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 13 EAST; THENCE N.00°59'39"W., ALONG THE EAST LINE OF SAID SECTION 19, A DISTANCE )F 1,262.20 FEET TO A POINT; THENCE N.89°46'34"W., A DISTANCE OF 60.01 FEET TO THE NTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF CONGRESS AVENUE WITH FHE NORTHERLY RIGHT OF WAY LINE OF BOYNTON WEST ROAD (FORMERLY OLD 30YNTON ROAD); THENCE N.89°46'34"W., ALONG THE SAID NORTHERLY RIGHT OF WAY ,INE OF BOYNTON WEST ROAD, A DISTANCE OF 923.56 FEET TO THE PRINCIPAL POINT kND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION: ['HENCE CONTINUING N.89046'34"W., ALONG THE SAID NORTHERLY RIGHT OF WAY LINE )F BOYNTON WEST ROAD, A DISTANCE OF 1,198.98 FEET TO A POINT; THENCE J.00013'26"E., A DISTANCE OF 76.34 FEET TO A POINT; THENCE N.45°00'00"E., A DISTANCE )F 80.00 FEET TO A POINT; THENCE 25.00 FEET ALONG A CURVE TO THE RIGHT, HAVING k RADIUS OF 331.00 FEET AND A CHORD OF 24.99 FEET BEARING N.47009'49.5"W., TO A 'OINT; THENCE N.45000'00"W., A, DISTANCE OF 212.13 FEET TO A POINT; THENCE 14.58 'EET HAVING A CURVE TO THE RIGHT, HAVING A RADIUS OF 256.00 FEET AND A CHORD )F 14.57 FEET BEARING N.43022'07.2"W., TO A POINT; THENCE N.45°00'00"E., A DISTANCE )F 341.59 FEET TO A POINT; THENCE 5.45000'00"E., A DISTANCE OF 31.50 FEET TO A POINT; ['HENCE N.45000'00"E., A DISTANCE OF 120.50 FEET TO A POINT; THENCE DUE EAST, A DISTANCE OF 597.51 FEET TO A POINT; THENCE N.45°00'00"E., A DISTANCE OF 59.00 FEET FO A POINT; THENCE 5.45°00'00"E., A DISTANCE OF 383.00 FEET TO A POINT; THENCE ;.45000'00"W., A DISTANCE OF 130.95 FEET TO A POINT; THENCE 5.45000'00"E., A DISTANCE )F 214.15 FEET TO A POINT; THENCE S.0059'39"E., A DISTANCE OF 146.55 FEET TO THE 'RINCIPAL PLACE OF BEGINNING AND CONTAINING 15.41 ACRES OF LAND, MORE OR ,ESS. ,ESS AND EXCEPT: k TRACT OF LAND LOCATED IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, -OUNTY OF PALM BEACH, FLORIDA, AND FURTHER DESCRIBED AS FOLLOWS: :OMMENCING AT THE CENTER OF SAID SECTION 19; THENCE N.87058'21"E., ALONG FHE EAST -WEST QUARTER SECTION LINE OF SAID SECTION 19, A DISTANCE OF 20.00 'EET; THENCE N.O051'51"W., ALONG A LINE 20.00 FEET EAST OF AND PARALLEL TO FHE WEST LINE. OF THE NORTHEAST QUARTER (N.E.1/4) OF SAID- SECTION 19, A DISTANCE OF 35.00 FEET; THENCE N.87058'21"E., A DISTANCE OF 20.01 FEET TO THE 'RINCIPAL POINT OF BEGINNING; THENCE CONTINUE N.87°58'21"E., A DISTANCE OF 15.64 FEET; THENCE N.25014' 17"E., A DISTANCE OF 362.64 FEET; THENCE N.0°53'26"W., k- DISTANCE OF 362.94 FEET; THENCE N.32°13'52"E., A DISTANCE OF 315.12 FEET; ['HENCE N.0001'27"E., A DISTANCE OF 244.69 FEET TO A POINT ON THE SOUTH RIGHT )F WAY LINE OF THE BOYNTON CANAL; THENCE 5.88°05'26"W., ALONG SAID SOUTH LIGHT OF WAY LINE, A DISTANCE OF 370.95 FEET TO A POINT ON A LINE 40.00 FEET ?AST OF AND PARALLEL TO THE WEST LINE OF THE NORTHEAST QUARTER (N.E.1/4) )F SAID SECTION 19; THENCE S.0°51'51"E., ALONG SAID PARALLEL LINE, A DISTANCE )F 1191.23 FEET TO THE PRINCIPAL POINT OF BEGINNING AND CONTAINING 6.24 kCRES OF LAND MORE OR LESS. ::\Users\Stanzionet\Appdata�Local\MicrosoR\Windows\Temporary Internet Files\Content.0E5\52FYTEOE\Boynton_Beach_Mall_LUA_- Ordinance.Docx 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 is amended from Development of Regional Impact (DRI) to: MIXED USE LOW (MXL). Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this 5th day of February, 2019. SECOND, FINAL READING and PASSAGE this /6 ',"(day of Mary / , 2019. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Christina L. Romelus 41� Commissioner — Mack McCray Commissioner — Justin Katz Commissioner — Aimee Kelley VOTE S "U ATTEST: /' 'L- Judi A. Pyle, CMC City Clerk (Corporate Seal) _ p`{ > 1• U " �,� •'4Y°fir `•-.;'�� s0: C-1 s � IVAF-+ Pt 0 C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\"Temporary Internet Files\Content.IE5\52FYTEOE\Boynton_Beach_Mall_LUA_-