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2008-10 9249 Alternate A1A Annexationf IIIIIIIIIIIIIIIIIIIIIf~lllll~(1111C)Q~1lNl~Il Return to Melissa Teal, CMC, Village Clerk Village ofNorth Palm Beach 501 U.S. Highway One North Palm Beach FL 33408 " ` This is a True Copy IN WITNESS WHEREOF, I hereunto set my hand a9yn~d~ ~~ ~atfix the seal of the Village of North Pali "-- =~/.-S -.~ ;Florida, this ~ day of a A.D. 20~~ ~. y~ - ->' ~///J i~~/ /.~.~~ ~~ Village Clerk CFPI 20080347430 OR Bi{ 22867 PG 3089 RECORDED 09/19/2008 fl5:4~:55 Palm Beach County, Elorffda Sharon R. Bock, CLERK tf COKiP`PROLLER Pge 1089 - 1093; tSpgeD ORDINANCE 2008-10 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ANNEXING APPROXIMATELY 2.62 ACRES OF REAL PROPERTY KNOWN AS LIVE OAK PLAZA LOCATED ON THE WEST SIDE OF ALTERNATE AlA SOUTH OF RICHARD ROAD AS MORE PARTICULARLY DESCRIBED HEREIN; DECLARING THAT THE VOLUNTARY ANNEXATION OF THIS PROPERTY MEETS ALL LEGAL CRITERIA; PROVIDING FOR CONDITIONS OF ANNEXATION; DIRECTING VILLAGE ADMINISTRATION TO DO ALL THINGS NECESSARY TO EFFECTUATE SAID ANNEXATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council for the Village of North Palm Beach has received a request from Live Oak Plaza LLC ("Property Owner"), the owner of the real property more particularly described in Exhibit "A" ("Property"), requesting that the Property be annexed into the Village; and WHEREAS, the Village Council determines that the annexation meets the criteria for voluntary annexation set forth in Section 171.044, Florida Statutes, in that the Property is currently located within unincorporated Palm Beach County, is contiguous to the Village, is reasonably compact, and the annexation of the Property will not result in the creation of enclaves; and WHEREAS, the annexation is consistent with the Village's Comprehensive Plan and is located within the Village's Future Annexation Area; and WHEREAS, the Property Owner has voluntarily agreed to certain limitations on the use of the Property and to the imposition of conditions relating to such annexation; and WHEREAS, the Village Council has determined that the annexation of the Property into the Village is in the best interests of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing "Whereas" clauses are hereby ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby approves the Property Owner's request for voluntary annexation and in accordance with Section 171.044, Florida Statutes, hereby annexes into the Village the 2.62 acres of real property known as "Live Oak Plaza" and more particularly described in Exhibit "A" attached hereto and inwrporated herein by reference. Page 1 of 1 • ORDINANCE 2008-10 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ANNEXING APPROXIMATELY 2.62 ACRES OF REAL PROPERTY KNOWN AS LIVE OAK PLAZA LOCATED ON THE WEST SIDE OF ALTERNATE AlA SOUTH OF RICHARD ROAD AS MORE PARTICULARLY DESCRIBED HEREIN; DECLARING THAT THE VOLUNTARY ANNEXATION OF THIS PROPERTY MEETS ALL LEGAL CRITERIA; PROVIDING FOR CONDITIONS OF ANNEXATION; DIRECTING VILLAGE ADMINISTRATION TO DO ALL THINGS NECESSARY TO EFFECTUATE SAID ANNEXATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council for the Village of North Palm Beach has received a request from Live Oak Plaza LLC ("Property Owner"), the owner of the real property more particulazly described in Exhibit "A" ("Property"), requesting that the Property be annexed into the Village; and WHEREAS, the Village Council determines that the annexation meets the criteria for voluntary annexation set forth in Section 171.044, Florida Statutes, in that the Property is currently located within unincorporated Palm Beach County, is wntiguous to the Village, is • reasonably compact, and the annexation of the Property will not result in the creation of enclaves; and WHEREAS, the annexation is consistent with the Village's Comprehensive Plan and is located within the Village's Future Annexation Area; and WHEREAS, the Property Owner has voluntarily agreed to certain limitations on the use of the Property and to the imposition of conditions relating to such annexation; and WHEREAS, the Village Council has determined that the annexation of the Property into the Village is in the best interests ofthe public health, safety and welfaze. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing "Whereas" clauses aze hereby ratified as true and correct and aze incorporated herein. Section 2. The Village Council hereby approves the Property Owner's request for voluntary annexation and in accordance with Section 171.044, Florida Statutes, hereby annexes into the Village the 2.62 acres of real property known as "Live Oak Plaza" and more particulazly • described in Exhibit "A" attached hereto and incorporated herein by reference. Page 1 of 3 • Section 3. The annexation of the Property is subject to the conditions set forth in this section. A violation of any such condition shall be considered a violation of the Village Code and may be enforced in the same manner as other Village Codes, including, but not limited to, the initiation of code enforcement proceedings in accordance with Section 2, Article VI (Code Enforcement Boazd). All conditions set forth herein shall be binding on the Property Owner and its successors or assigns. A. Unless otherwise set forth herein, in accordance with Section 171.062(1), Florida Statutes, the Property shall, immediately upon annexation, be subject to all laws, ordinances and regulations in force within the Village, including, but not limited to, the provisions of Chapter 3, "Alcoholic Beverages," and Chapter 17, "Taxation," of the Village Code. B. Within five (5) days of the effective date ofthis Ordinance, the Property Owner shall record in the public records of Palm Beach County, Florida, the Declazation of Restrictive Covenant as set forth in Exhibit "B" attached hereto and incorporated herein. C. Within ninety (90) days of the effective date of this Ordinance, the Property Owner shall remove the non-conforming pole signs, with the exception of the existing plaza/tenant identification sign. Within one hundred and eighty (180) days of the effective date ofthis Ordinance, the Property Owner shall submit a Master Signage Plan for the Property for review and consideration by the Village. Within one (1) year of the • effective date of this Ordinance, the Property Owner shall bring the Property into compliance with all requirements of Article V (Signs and Outdoor Displays) of Chapter 6 ofthe Village Code and conform to the approved Master Signage Plan. D. Within one hundred and eighty (180) days ofthe effective date ofthis Ordinance, the Property Owner shall seek and obtain all necessary permits and approvals and ensure that all dumpsters located on the Property are properly screened as required by Section 27-41 ofthe Village Code. E. Within one hundred and eight (180) days of the effective date ofthis Ordinance, the Property Owner shall install the landscaping within the Alternate AlA median and along the Alternate AlA frontage from the south property line to Richard Road in accordance with the Landscape Planting Plan for Oak Plaza/Alternate AlA prepared by Howard Ostrout Jr., and Associates dated July 8, 2008 and consisting of two pages ("Landscape Plan"), which is incorporated herein by reference. In connection with the implementation of the Landscape Plan, the Property Owner shall install irrigation lines within the median. The landscaping adjacent to the parking lot on the east side of Alternate AlA shall be installed prior to the issuance of a Certificate of Completion for the parking lot. Property Owner shall maintain all landscaping and irrigation lines installed pursuant to this paragraph in perpetuity. • F. Within thirty (30) days of the effective date of this Ordinance, the Property Owner shall replace all dead and missing landscape hedge material along Alternate AlA and Richazd Road, unless otherwise shown in the Landscape Plan. Page 2 of 3 • G. All new businesses located on the Property shall conform to all applicable requirements of the Village Zoning Code as set forth in Chapter 45. To the extent not addressed herein, all existing conditions not in wmpliance with Appendix C (Chapter 45), "Zoning," of the Village Code shall be treated as nonconformities and shall be subject to the provisions of Article VII (Nonconforming Uses of Lands and Structures). Section 4. The Village Council hereby directs Village Administration to: (1) file a copy of this Ordinance with the Clerk of the Circuit Court, the Chief Administrative Officer of Palm Beach County, and the Secretary of State; (2) amend the legal description set forth in the Village Charter and all official Village maps to include the Property; and (3) take all other actions necessary to effectuate the annexation ofthe Property into the Village. Section 5. All ordinances or parts ofordinances ofthe Village ofNorth Palm Beach, Florida, which are in conflict with this Ordinance, are hereby repealed to the extent of such conflict. Section 6. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. Section 7. This Ordinance shall take effect 30 (thirty) days from the date of adoption. PLACED ON FIRST READING THIS 28th DAY OF AUGUST 2008 • PLACED ON SECOND, FINAL READING AND PASSEDTHIS 11th DAY OF SEPTEMBER 2008. (Village Seal), '" MAIr6R ATTEST:, i ~~o~~~/ C~11~ VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~~ • VILLAGE ATTORNEY Page 3 of 3 EXHIBIT'A° _ _ _ _ __ _A PARCEL OF LAND IN THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTX, MORE PARTICULARYLX DESCRIED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD AND THE WESTERLY EXTENSION OF THE SOUTHERLY RIGHT OF WAY LINE OF RICHARD ROAD AS SAID RIGHT OF WAY IS SHOWN ON THE PLAT OF KELSEY ACRES RECORDED IN PLAT BOOK 22, PAGE 16, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTHERLY ALONG THE EASTERLY RIGHT OF WAY L1NE OF THE F.E.C. RAILROAD A DISTANCE OF 530.00 FEET; THENCE EASTERLY MAKING AN ANGLE WITH THE PRECEDING COURSE MEASURED FROM NORTH TO EAST OF 85 DEGREES 00 MINUTES 20 SECONDS, A DISTANCE OF 271.47 FEET, MORE OR LESS, TO THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD A-1-A, SAID RIGHT OF WAY LINE BEING ALSO THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 5689.58 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE AND THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD A- I-A, THROUGH AN ANGLE OF 4 DEGREES 14 MINUTES 13 SECONDSS A DISTANCE OF 430.73 FEET TO THE SAID WESTERLY EXTENSION OF THE SOUTHERLY RIGHT OF WAY LINE OF RICHARD ROAD; THENCE WESTERLY ALONG SAID WESTERLY EXTENSION A DISTANCE OF 232.47 FEET TO THE POINT OF BEGINNING. LESS ADDITIONAL RIGHT OF WAY ACQUIRED BY THE DEPARTMENT OF TRANSPORTATION IN THAT ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 3666, PAGE 141.