2010-05 Voluntary Annexation of 9264 Old Dixie HighwayORDINANCE 2010-05
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ANNEXING APPROXIMATELY 1.70
ACRES OF REAL PROPERTY LOCATED SOUTH OF RICHARD ROAD
WEST OF THE FLORIDA EAST COA5T RAILWAY RIGHT-OF-WAY AND
EAST OF OLD DIXIE HIGHWAY, 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 Old Dixie Joint Venture, Inc., the owner of the real property more particularly
descnbed 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 the
Property 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 1,70 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. Upon annexation, the property owner and its successors in interest shall retain the
right to construct the Lone Palm Business Park, as approved by Palm Beach County (Control No.
1984-123(A); Resolution No. R-90-374), in accordance with the plans, drawings and renderings
submitted to the County and the conditions imposed by the County. The project consists of a
• 21,000 square foot officelwarehouse condominium building. Prior to applying for any building
permits relating to the construction of the project, the owner shall demonstrate that the project
meets all concurrency requirements applicable at the time of permitting.
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 of the Property into the Village.
Section 5. 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 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 be effective immediately upon adoption.
PLACED ON FIRST READING THIS 11th DAY OF FEBRUARY, 2010.
PLACED ON SECOND, FINAL READING AND PASSED THIS 11th DAY OF MARCH, 2010.
(Village Seal)
VICE MAYOR
ATTEST:
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VILLAGE LERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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"EXHIBIT A"
LEGAL DESCYtIPTION
PARCEL A
That portion of the south 271.54 feet of the Northwest %4 of the southwest %4 of Section 17, Township 42 South,
Range 43 East, Palm Beach County, Florida, Lying between the Easterly Right of Way line of Old Dixie
Highway and the Westerly Right of Way line of the Florida East Coast Railroad. LESS and EXCEPT that
portion conveyed to Palm Beach County in Official Record Book 5487, page 757, Public Records of Palm
Beach County, Florida.
PARCEL B
That portion of the Northwest '/ of the Southwest '/< of Section 17, Township 42 South, Range 43 East, Palm
Beach County, Florida, lying South of the Southerly Right of Way line of Richard Road, between the Easterly
Right of Way line of Old Dixie Highway and the Westerly Right of Way line of the Florida East Coast
Railroad, LESS there from the South 271.54 feet, LESS and EXCEPT that portion conveyed to Palm Beach
County in Official Record Book 5487, page 757, Public Recards of Palm Beach County, Florida.
This property is vacant land and is no part of the homestead of the Grantor herein.
•