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2004-33 Annexing 9225 Alt A1A (U-Haul)ORDINANCE NO. 33-2004 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ANNEXING TO THE VILLAGE A COMPACT, CONTIGUOUS PARCEL OF LAND LOCATED AT 9225 ALTERNATE A-1-A NOW OCCUPIED BY U-HAUL CO. OF FLORIDA, INC., AND CONSISTING OF 0.92 ACRES OF LAND, MORE OR LESS, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED AND MADE A PART HEREOF; REDEFINING THE BOUNDARY LINES OF THE VILLAGE TO INCLUDE SAID PROPERTY; PROVIDING FOR AN EXPRESS WAIVER OF SIGNAGE AND LANDSCAPE PROVISIONS FOR A PERIOD OF EIGHT (8) YEARS; DIRECTING THE VILLAGE CLERK TO PUBLISH NOTICE OF THE VOLUNTARY ANNEXATION IN ACCORDANCE WITH THE FLORIDA STATUTES; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, ("Village") hereby annexes to the Village a compact, contiguous parcel of land located at 9225 Alternate A-1-A now occupied by U-Haul Co. of Florida, Inc. ("Property Owner") and consisting of 0.92 acres of land, more or less, and more particularly described in Exhibit "A" attached and made a part hereof. Section 2. The boundary lines of the Village of North Palm Beach, Florida, are hereby redefined to include the above-described property, and said property is hereby declared to be within the corporate limits of the Village of North Palm Beach, Florida. Section 3. 1. For a period of eight (8) years from the adoption of this Ordinance (the "Term"), the real property being annexed hereto is exempt from any codes, laws, rules or the like of the Village of North Palm Beach requiring the property owner of subject property to change, modify or remove its current pylon signage (the "Sign") and landscaping (the "Landscape"), so long as property owner maintains the Sign and Landscaping in accordance with all Village laws, rules and regulations. It shall be conclusively presumed such maintenance requirement is satisfied so long as there is not recorded any evidence to the contrary in the applicable public records. This Waiver of Conditions shall be considered a covenant running with the property, subject to the provisions of Paragraph 3. In the event any repairs, maintenance or replacements are necessary for the Sign or Landscape for any reason during the Term, Property Owner or its agents or successor(s) in interest to the property may conduct such repairs, maintenance or replacement to permit the Sign and Landscape to remain in substantially the same condition and location as it is as of the date hereof. 2. Without the express prior written consent of the Village, neither the Property Owner nor Property Owner's legal representatives or successor(s) in interest by operation of law or otherwise, shall directly or indirectly assign or convey (excluding mortgages and security interests to institutional lenders) their respective rights under this Waiver of Conditions, except as provided in Paragraph 3. 3. The Property Owner shall at anytime during the Term be entitled to assign, transfer or convey its rights under this Waiver of Conditions, without prior written consent of the Village, to any person(s) or entity(ies) which, at the time of such assignment, conveyance or transfer is engaged in or immediately following the assignment, transfer or conveyance intends (a) to be engaged in or (b) to use the property in a substantially similar manner as the Property Owner and which is consistent with the use approval permitted by Palm Beach County, Florida under Petition No. 1978-054, which such Petition is incorporated herein by this reference as though fully set out in its entirety. Section 4. The Village Clerk is hereby directed to publish notice of the voluntary annexation at least once each week for two (2) consecutive weeks immediately preceding the passage of this ordinance in accordance with the requirements of Florida Statute Section 171.044. Section 5. This Ordinance shall take effect immediately upon adoption. PLACED ON FIRST READING THIS 18th DAY OF NOVEMBER, 2004. PLACED ON PUBLIC HEARING THIS 9th DAY OF DECEMBER, 2004. PLACED ON SECOND, FINAL READING AND PASSED THIS 9th DAY OF DECEMBER, 2004. (Village Seal) ATTEST: YOR VILLAGE CLERK EXHIBIT "A" PARCEL "C": A parcel of land in the Southwest Quarter of Section 17, Township 42 South, Range 93 East, Palm Beach County, Florida, more particularly described as follows: Commencing at the intersection of the Easterly right of way line of Florida East Coast Railway and the Westerly extension of the Southerly right of way line of Richard Road as said right of way is shown on Plat of KELSEY ACRES recorded in Plat Book 22, page 16, Public Records of Palm Beach County, Florida; thence Southerly along said Easterly right of way line of the F.E.C. Railway a distance of 995,00 feet to the Point of Beginning] thence Southerly along said Easterly right of way line of the F.E.C. Railway a distance of 156.93 feet; thence in a Northeasterly direction along the line making an angle with the preceding course, measured from North to East of 90°01'09" a distance of 148.06 feet to a point on the East line of the Northeast Quarter of the Southwest Quarter of the Southwest 4uarter of Section 17, thence North along said East line a distance of 179,28 feet to a point, thence in a Southwesterly direction along the line making an angle with the preceding course measured from South to West of 66°21'06", a distance of 215,08 feet to the Point of Beginning. PARCEL I: A parcel of land in Section 17, Township 42 South, Range 43 East, more particularly described as follows: Beginning at a point in the westerly right of way. line of State Road AlA, formerly State Road I76, said westerly right of way line being herein assumed to be a line parallel to and 40 feet westerly from the centerline of said road, and also being parallel to and 7 feet westerly from the westerly right of way line of said road, as per Plat of RIVARD SUBDIVISION, as recorded in Plat Book 21,page 12, and said point of beginning being 1145.6 feet northerly, measured along said right of way line, from the South line of said Section 17; thence westerly, at right angles to the preceding course, 128.06 feet, more or less, to a point in the westerly line of the Southeast Quarter of the Southwest Quarter of said Section 17; thence northerly along said westerly line, 54.15 feet, more or less, to a point in a line parallel to, and 50 feet northerly from, measured at right angles to, the South line of the herein described parcel, thence easterly along said parallel line, 107 feet more or less, to a point in said westerly right-of- way line of State Road A]A; thence southerly along said westerly right- of-way line, 50 feet, more or less, to the Point of Beginning. PARCEL II: A parcel of land in Section 17, Township 42 South, Range 43 East, more particularly described as follows: Beginning at a point in the westerly right of way line of State Road AlA, formerly State Road 176, said westerly right of way line being herein assumed to be a line parallel to and 40 feet westerly from the centerline of said road, and also being parallel to, and 7 feet westerly from the westerly right of way line of said road, Plat of RIVARD SUBDIVISION, Plat Book 21, Page 12, and said point of beginning being 1095.6 feet northerly, measured along said right of way line, from the South line of said Section 17, than northerly along said westerly right of way line 50 feet; then westerly at right angles to the preceding course, 128.06 feet, more or less, to a point in the westerly line of the Southeast Quarter of Southwest Quarter of said Section 17; then southerly along said westerly line, 53.96 feet, more or less to a point in a line parallel to, and 50 feet southerly from, measured at right angles to, the north line of the herein described parcel, thence easterly along said parallel line 144 feet, more or less, to a point of beginning. Subject to restrictions, reservations, easmente and covenants of record, if any, to the extent that same are valid and enforceable. PALM OFF 4~~vt1`wfiY~`w OEpCH RED 2 8 6 5 PacE 117 8 $o,~~~° q~m B.p~,Wa. ~o k G•rt`un fpm ``~~~~~~~~\\1111111 ,~~ ~k CIRC(/~T'~,~~,~' ,• ~, , i U ~ ~ ~ %~~ •~ i ~~y,. ;~~ ,~~~hBFAru c0~~r`~ "SNE CIgC ~'4i `oE •.. '~°'T'~% I hereby certify that the foregoing is a true copy W ~~ ~ ~~4of the record in my office this day, Jun 28, 2004. :Jj: 9: ~~,~. -DORO/THY;~H. WILKEN, Viler f Court, Palm Beach County, Florid; y ~ ~ ~~y.. _ ..•ti-.-= BY "yC~~l, ~=;~~~«-~-~c;~ Deputy Clerk B'' ~ ~ ~ ~''4 NCH` CC~..~, EXHIBIT 1 -Location Of Proposed Comprehensive Plan Amendment N VILLAGE OF NORTH PALM BEACH ' N ~`~'- Palm Beach County, Florida ~) Sca[a 500 0 50o fsoo ® - 1 Fatt ~ axn 'on --.. '. ~~ Legend ...NONELBC_ uf_y~y--, -.- ~- Zoning Boundary for i ~ ~\ ~~----I-"' the village of NPB ,`~- --- -- Roads k Highways ~ ~'-;~~~~., ',, ,~ -~-- FL East Coast Roil Rood ~ ~\ 0 ~1 - Waterways :I - _-` ~ ~~ \ At1¢ntic \ yj ~~~ ~\ Ocean ~ ~ ~ i 1 i '\ •, ~i ~ ----• ~ ~~ \ \ \ i-~, LAKE WORTH -- --__} `~~ i ~d -~ ---~-- , ` __ . . ~- i ~~ ~. :. , ` ._ ,- ----• Q\ ~-~ ..- --~''- ~ i- - ----• I '` a ~` -'- ~ -' 11 -~ ~'~ -- ~: •--' , , 1 A i~ \ ANCHOR _... i• ~..1.._ ~ ~ ` I , I c-n cANA~ ._ --' , ~ -'- I . NPBCP _ ~-:-----~ -- Amendment 04-2 µ ~ - - -- - ..m..,~-~.. Source: LRM, Inc. 2-2