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44-89 ORDINANCE NO. 44-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES) DISTRICT IN CC (COMMUNITY COMMER- CIAL) DISTRICT FOR A PARCEL OF LAND IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, BEING A PORTION OF (VACATED) WEST EL BE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15 AT PAGE 22, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF LINTON BOULEVARD AND S.W. 4TH AVENUE; AND AMENDING "ZONING ~P OF DELRAY BEACH, FLORI- DA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the CC (Community Commercial) District as defined in Chapter 173 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: A parcel of land in Section 29, Township 46 South, Range 43 East, being a portion of (vacated) WEST EL BE, according to the Plat thereof as recorded in Plat Book 15 at Page 22, of the Public Records of Palm Beach County, Florida, described as follows: Beginning at the Northeast corner of LAVER'S NORTH, according to the Plat thereof, as recorded in Plat Book 43 at Pages 92 through 94, inclusive, of the Public Records of Palm Beach County, Florida, thence along the North boundary of said LAVER'S NORTH as monumented, South 89 degrees 56' 40" West, 634.99 feet; thence continuing along said North boundary, North 02 degrees 40' 48" West, 187.03 feet; thence continue North 02 degrees 40' 48" West, 449.95 feet to a point on the Southerly right-of-way line of Linton Boulevard; thence along said right-of-way line, being a line parallel with and 53.00 feet South of the North boundary of said Section 29, North 89 degrees 54' 01" East, 639.38 feet to a point on the Westerly right-of-way line of South- west 4th Avenue (50 foot right-of-way); thence along said Westerly right-of-way line, South 02 degrees 44' 02" East, 637.49 feet to a point on the Easterly extension of the North boundary of said LAVER'S NORTH; thence along said Easterly extension and along said North boundary as monumented; South 89 degrees 56' 40" West, 5.01 feet to the POINT OF BEGINNING. LESS the following portion in TRACT "B" of LAVER'S INTERNATIONAL PLAZA PLAT 1, according to the Plat thereof, as recorded in Plat Book 51, Pages 1 and 2, of the Public Records of Palm Beach County, Florida. COMMENCING at the Northeast corner of LAVER'S NORTH, according to the Plat thereof, as recorded in Plat Book 43 at Pages 92 through 94, inclu- sive, of the Public Records of Palm Beach County, Florida, thence along the North boundary of said LAVER'S NORTH as monumented, South 89 degrees 56' 40" West, 634.99 feet; thence continuing along said North boundary, North 02 degrees 40' 48" West, 187.03 feet; also the Southeast corner of LAVER'S INTERNA- TIONAL PLAZA PLAT 1; thence continue North 02 degrees 40' 48" West, 17.65 feet to the POINT OF BEGINNING; thence continue North 02 degrees 40' 48" West, 432.30 feet to a point on the Southerly right-of-way line of Linton Boulevard; thence along said right-of-way line, being a line parallel .with and 53.00 feet South of the North boundary of said Section 29, North 89 degrees 54' 01" East, 56.50 feet, along aforesaid North boundary of LAVER'S INTERNATIONAL PLAZA PLAT 1; thence South 00 degrees 05' 59" East, 7.00 feet; thence South 43 degrees 36' 37" West, 36.14 feet; thence South 02 degrees 40' 48" East, 269.33 feet to the Point of Curvature of a curve concave to the Northwest and having a radius of 290.00 feet; thence Southwesterly 133.07 feet along said curve through a central angle of 26 degrees 17' 30", to the POINT OF BEGINNING. The subject property is located at the southwest corner of Linton Boulevard and Southwest 4th Avenue. The above described parcel contains a 9.3 acre parcel of land, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning Map of Delray Beach, Florida, to conform with the provi- sions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. 2 Ord. No. 44-89 PASSED AND ADOPTED in regular session on second and final reading on this the 8th day of August , 1989. MAYOR ATTEST: First Reading July 25f 1989~, Second Reading August 8, 1989 Ord. No. 44-89