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2007-07 Small Scale Comp Plan Amendment 0.35 AcresORDINANCE 2007-07 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO THE VILLAGE COMPREHENSIVE PLAN TO AMEND THE FUTURE LAND USE DESIGNATION OF A 0.35 ACRE PARCEL OF LAND LOCATED ON THE EAST SIDE OF ALTERNATE AlA NORTH OF RICHARD ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE COUNTY CL-O/3 LAND USE CLASSIFICATION TO THE VILLAGE COMMERCIAL LAND USE CLASSIFICATION; AMENDING THE VILLAGE FUTURE LAND USE MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village recently annexed the 0.35 acre parcel of property located on the northeast corner of the intersection of Alternate Al A and Richard Road; and WHEREAS, section 171.062, Florida Statutes, provides that in areas annexed by municipalities that are subject to a county land use plan, the county land use plan remains in effect until the municipality adopts a comprehensive plan amendment that includes the annexed area; and WHEREAS, the Village has initiated a small-scale Comprehensive Plan Amendment ("Amendment 06-1.2") to assign a Village future land use designation to this parcel of property; WHEREAS, the Village Council determines that the proposed future land use map amendment is consistent with Sections 163.3184 and 163.3187, Florida Statutes; and and WHEREAS, on December 7, 2006, the Village Planning Commission, sitting as the Local Planning Agency, determined that the proposed amendment is consistent with the adopted Village Comprehensive Plan and recommended approval ofAmendment 06-1.2; and WHEREAS, the Village Council, after public hearing and due consideration, wishes to adopt proposed Amendment 06-1.2 to the Village Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL 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 adopts Amendment 06-1.2 to the Village Comprehensive Plan, as fully set forth in Exhibit "A" attached hereto and incorporated herein by reference. Section 3. The Village Council hereby amends the Future Land Use Series of the Future • Land Use Element of the Village Comprehensive Plan in accordance with the amendments set forth in Exhibit "A." • Section 4. If any section, paragraph, sentence, clause, phrase or word of this ordinance is for any reason held by a Court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall become effective thirty-one (31) days after adoption or, if challenged, shall become effective upon issuance of a final order issued by the state land planning agency or the Administration Commission determining Amendment 06-1.2 is in compliance. PLACED ON FIRST READING THIS 8th DAY OF MARCH, 2007. PLACED ON PUBLIC HEARING THIS 22nd DAY OF MARCH, 2007. PLACED ON SECOND, FINAL READING AND P ,. .; THIS 22nd DAY OF MARCH, 2007. ., ~~,, ; . ATTEST: ~~~ VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY • ~~; :~ . - 1^ K ~.~ PBS HY ]iaID RBTORN TO: ~~ • xicbard l~. • Barra, Esquire P:: scoff, R,oyce~, Harris,. Bryan, " Barra ~ Jorgensen, P.A. • aeoo pca- Elva. , suite soo Palm Be~~ Gardens, FL 33410 N/C ~.. ~~. (~ f.1 ~ ~~ PSRSa~1I. 'S D8~ ~ ~ IBIS is made•this 3rd day of September, 1996, by and between Eric File, tt~e duly gaalified and acting Persa~al stepz+eseatativa 8state of Lamar Le*+~+ Eile, deceased, whose post office is 9456 Highway A-1-A, Lake- Park, Florida 33403, the' Gran John W.•Humphries, a single man, whose post office ,° 8 9458 Highway A-1-A, Lake park, Florida 33403, the araat `'"• ' ' ,~~ A T H S S S 8TH: No.: QO-43-42-17-0~-000-0470 TEAT t2s: [cantor, 4. 1996,. by the Palm Ba Count -94-3476, concerning c~-3i~ust File, deceased, and is paid by the Grantee, the ~ has gsaated, bargained, sol and comfi~ned and by these ~ alir~, realise, release, comfy or assigns forev~iC situate. lying and being is then Florida, to-ti-it: ' IN ' '~ ts, hereditameats, ywise apperta;._~gs ' ~a~~+aers, rents, fate, right,title, ' whatsoever, both ,. lifetime, sad at ~~ = .:.._ 5EF-Dr-i~o ~:3oP4 96--3'i 3345 •Ot~ 943i ~ 880 . ~ ~~ ~ ~ ~~~t ~t ~ ~ ~~ ~ ~~~~ ^t~ Can '~~75D.OD Day i;3.o0 to the Order entered om September fir, Florida Probate Court, Case No. tilill and Testament of Lamar Lenazd ~tioa of the sttm of $10.00 to they t whereof is hereby acl~owledged, ~eaed, remised, released, cohveyed is does great,. bargain, sell, ~anfiim Hato the Grantee, his followiag_ described land, ,of Papa Beach, and State of r,' ' ~ • AS DBSCR~SD IN EXSISIT ~'~ ATTACH! AMID INODRPOBATSD BY HERB ~~ . 30GBTBSH with.all-and singular the and appurteaaaces thereunto belaaging, an and the =eveia3.an and reversions, r issues and p=olite thereof; and also all interest, pz~aperty, possession. e-laim and ' 3n law and equity. which the Testator had 1 .~--'a W~.iiiri...AJ~.-.•.s ...... .c _ ~ ..... .. _r.... • .i .... .. .. ~ _. _ . bR6 4431 F3 881 1 _ the ti~oe of his decease, sad which the Grantor has, by virtue of the said Y.ast 11111 and Sestaseat, or othexw3•s~, of, in and to the shows gzaatad P~~, sad ~Y P~'t and parcel thereof, with the appnrta~oattces. z+0 Hsva ~D so HQYa all and singular the above granted preeises, together with the aFpnrteaances sad every part thereof, unto the Grantee, his successors or assigns forever. IS 508.7 s0 takes for the year 1996 sad the t tberetof restrictions, reservations, covenants, condi limitations and ®aseasats of record; and all applicable ~. laws, ~" ,and goveraaeatal regulations, including, vrithont 13sita , sad building codes and o~ ~ ~~*+~-ea . r.. a t 1, the undersigned, as Personal Represea die -of the Bstate of said dQCedent, Yeas ezecnted this iastruseat nndgaq the seal on the data aforesaid. Sigrid, seal~~i delivered in the pres f s i..•• jam: ~ nacre of witne ,~ ~ ~; 1< Q P~~ ~ ~ ~ ~~ pldat na.e of ~-itne s~ og pronYnn COOIiTY O~ P2lI.~ BS71CH ~ Eric 7.amar Rile ~ as Personal ` ~ Representative of the Estate of ,- Laaar Lenard 1Cil~ , Deceased The foregoing ins**~*+t ~+ _ day of August, 1996, by Raprese~atative of the Estate of ~i before me this ~- 1Cile, as Personal File, Deceased. POBLIC. I ~~~~ ~, - (~~ . Idy c _ioa expires: . Caemis ~~ o. Personally Eaowa ~ OR Produced ication .-~ sYPe of identification Produced y l~~ ., ~ :>~ .:,t- ;. ~ i•- . Z ;~~ ~ ~' y::, • fM - . .; _ •. • _ ~^ ~,_:._ ~R6 9431 t ~ 88~ ADRO1Nt *i. WILh'EW~ CLERti r''8 COtAli't'• 1 • SnSIBIT "A" Lot , xffi.SBY ACRES # 2, according to the Plat thereof on in the Office of-the Clerk of the Circuit Court or Palm Beach Cauaty, Florid, recorded in Plat Page 47, less •aad except the following described conveyed to .the State of Florida by instrument re ~ht Official Record Book 3697, Page 355 of Offi cords of Palm Beach Cauaty, Florida: Commence at st corner of said I.ot 47, thence Soutb 38°22' hest along the Westerly line of said I.Gt 47, 8 distaaC@ ,iDt 68.64 feet to the POI~I"P OF B~II~1II~7G; thence a South 38.22'23" West along said westerly line a e of 29.69 feet to a point on a curve concave S westerly baying a tangent bearing of South 36°18. 02" Bas through said point; thence southeasterly along said g a radius of .5769.58 feet, through as aangl@ of ' 35' an arc distance of 1~6 _ 99 feet to the Soothe ~' of said Lot 47; thence North 50'45.22* Bast ~" the Easterly line of said Lot 47 a distancx 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 along said Curve a radius of 6305.45 feet through au~angle of 01°23' an arc distance of 153.58 feet to the POINT OF ~ ' `~ v l ".,'~~ ~vS (.~ `~~"•~ r' ~~_~~ . ~r