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2007-05 Annexation 9458 Alt A1AORDINANCE 2007-05 ~'' AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ANNEXING APPROXIMATELY 0.35 ACRES OF REAL PROPERTY LOCATED ON THE EAST SIDE OF ALTERNATE AlA NORTH OF RICHARD ROAD AS MORE PARTICULARLY DESCRIBED HEREIN; DECLARING THAT THE VOLUNTARY ANNEXATION OF THE PROPERTY MEETS ALL LEGAL CRITERIA; 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 John W. Humphries, 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 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 hereby approves the property owner's request and annexes into the Village the .35 acres of real property described in Exhibit "A" attached hereto and incorporated herein by this reference in accordance with the provisions of Section 171.044, Florida Statutes. Section 3. 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 of the Property into the Village. ~"~ Section 4. All ordinances or parts of ordinances of the Village of North Palm Beach, Florida, which are in conflict with this Ordinance, are hereby repealed to the extent of such conflict. Section 5. 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 6. This Ordinance shall be effective immediately upon adoption. ,,~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Village Attorney PLACED ON FIRST READING THIS 8th DAY OF FEBRUARY, 2007 ~'`'~ ~= ~.. ~. `•~ ~ A~ a ~` SEfi~ 130 ~r:3oPa 96---3'13345 ~'~ ~ xichard R. ~ Barra. Esquire •~f~ 943i Fs 880 ~:: Scott, Royce, Harris.. Bryan. . Barra ~ JorgenseII, P.A. 4aoo ~- Blvd. , suite coo Con '~-:75D.OD Dac ~~3.00 F'. palm B ~ Gardens, FL 33410 ~: F. - WIC ~.. L~ 1i /~ ~~ \~//j ~rol NO.: QO-43-42-17-0~-000-0470 .; r::. ~f ~ ~~~ ~f ~ ~ per, RBPBBSSATATIVS' S DSBa Y• ISIS /// is made this 3rd day of September, 1996, by and ~~ between Eric File, the duly qualified and acting Personal ~'- ~esentative Setate of Iamar Lenard File, deceased, chose post Office is 9456 Highway A-1-A, Lake Park, Florida 33403, the Gran r_ , John 1P. • Huunphries, a single man, whose post office .' s 9458 Highway A-1-A, I.a]ce Park, Florida . 33403, the t3rantee V"•~•~ ~~ W T88SSBTH: ~IIAT the Grantor, to the Order'entered on 3epteaiber ~. 4, 1996, by the Palm Be County. Florida Probate Court, Case No. GR-94-3476, concesaing -3+~tst Will and Testament of Lamar Lenard ;:. File, deceased, awd in tion of the sum of $10.00 to them paid by the Grantee, the ~ t whereof is hereby ackavwledged, has granted, bargained, sol erred, remised, released, conveyed -- and ccanfirened and by these is does grant, bargain, sell, alien, remise, release, ism unto the Grantee, his `!" snccxssors or assigns fo following _ described land. situate, lying and being in th ,p~;,of Palm Beach, and State of ms's. • AS D$SCRIBSD IN 87Q3IBIT ~'~!? ATTACHBD Haasro • Al® I1Q~ORPORATBD BY HEREIN ' ~..~ ' TOGSI~t with .all and singular the ts, hereditaments, x and appurtenances thereunto belo~aging, 4 anywise arpert~i,•i*+gs "• and the reversion and reversions, r remainders, rents. ~' issues and profits thereof; and also all ~ tate, right, title, ~: interest, property, possession, claim and '~ whatsoever, both ~~, in law and equity, which the Testator had ~~~ ~ ifetime, and at . 1 ~ 1" ~' ~ - ut~ X431 ~~ 881 the fi=fe of h3.s decease, and which the Grantor has. by virtue of the said Last will and Testam~eat, or othe=xise, of, in and to the above granted premises, and every part and parcel thereof, frith the aP~~- • ~ ~vs gnu so ~~ all and siagnlar the above granted premises, together Trith the appurtenances and evezy part thereof, Hato the Grantee, his successors or assigns forever. IS SOBJECT TO fazes for the year 1996 and the t thereto; restrictions, reservations, covenants, . condi limitations and easesaats of record; and all applicable laws, '" es, and goversn~ental regulations, iaclndiag, without l;'eta ,S+s 9 and building codes and o*~; r~rr-ens . ~~~ za ~ ice, the undersigned, as Personal . Repaessea #ie ~of the 8atate of said decedent, has e~nted this • iastrueent nnd~as the seal on the date aforesaid. Signed, sealJ` delivered in the presea~s ~•~_~ v /,.. d..' t..r • (printer nave .~ •- ...,G?r S?h'rB OF FLORIDli1 C0~'Y ~' Pa+I.H BE71CH The foregoing instru®ent•~ day of Angnst, 1996, by Rep~reseatative of the Estate of 1IK Oall~~~~ ~~aw~Es PDBLZC. t ,~ . Eric T.sne~r Xi 1 @, aS Pet~o=1a1 Representative of the 8atate of La'ar I.easrd Rile , Deceased 3d before me this ~'- 1Cile, as Personal Ei.le, Deceased. ,aoE- _ . - (~ !sy c ion expires: ;7oomiss ~ o. personally EnoNa ~ Cat Produced icatioa Type of 4denti fiCatioa Produced y /~"~ •, ~:~' : i" • . _~~~- ;. ~ ~'--= Z ~.~ ~ tv ~.. ::--_ 0}~ 9431 P~ 88~ - DDR41N'i *I. WILh`Etd~ CL tE"+t~' t~A C~Ulii~'~ 1 SXHIHIT "A" ..~ ~: • • ~~ :~. -. ~ ~... ~.;: . Y.~ I.ot RSL,SSY ACR85 # 2, according to the Plat thereof on in the Office of the Clerk of the Circuit Court or Palm Beach County, Florida, recorded in Plat Page 47, less •aad except the following described p conveyed to the State of Florida by instnmrent re 4~t Official Record Book 3697, Page 355 of Offi cords of Palm Beach County, Florida: Commence at -~ ., crest corner of said Lot 47, thence South 38°22' West aloaig the westerly line of said I.ot 47, a distance^,D~ 68.64 feet to the POINT OF BSQ; tbeace a South 38°22'23" West along said Westerly line a e of 29.69 feet to a point on a carve concave S •westerly having a tangent bearing of South 36°18' 02* Bas through said point; thence southeasterly along said ving a radius of 5769.38 feet, through as anglz of X35" an arc distance of 146.99 feet to the Sontheas ~'d~er of said Lot 47 ; thence North 50°45.22" Bast ~;~ the Basterly line of said Lot 47 a distance of 25. t to a point on a curve concave Southwesterly having a tangent bearing of North 33°50.47" West said point; thence Northwesterly alaa~g said curve a radius of 6305.45 feet through an • angle of 01°23' 4 an arc distance of 153.58 feet to the POINT OF (~,;1 ~,..~ ~~-` ~, C~~' ~-..' ~~-~.~ . rr Location of Proposed Annexations Ordinance 2007-OS 9458 Alternate A-1-A ~ 2007-04 d Scala: 1' = 300'