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.
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`oE •.. '~°'T'~% I hereby certify that the foregoing is a true copy
W ~~ ~ ~~4of the record in my office this day, Jun 28, 2004.
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~~,~. -DORO/THY;~H. WILKEN, Viler f Court, Palm Beach County, Florid;
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EXHIBIT 1 -Location Of Proposed Comprehensive Plan Amendment
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Source: LRM, Inc.
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