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
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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.