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HomeMy Public PortalAboutORD 11/01ORDINANCE NO. 011 /1 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR THE ANNEXATION INTO THE CORPORATE LIMITS OF THE TOWN OF GULF STREAM, FLORIDA OF CERTAIN REAL PROPERTY CONSISTING OF APPROXIMATELY 16.6 ACRES, MORE OR LESS, GENERALLY LOCATED EAST AND WEST OF NORTH OCEAN BOULEVARD (STATE ROAD AIA) FROM LITTLE CLUB ROAD SOUTH TO SEA ROAD; PROVIDING FOR A REFERENDUM ON THE QUESTION OF ANNEXATION FOR THE REGISTERED ELECTORS WITHIN THE PROPERTY PROPOSED FOR ANNEXATION; PROVIDING FOR A REFERENDUM ON THE QUESTION OF ANNEXATION FOR THE REGISTERED ELECTORS WITHIN THE TOWN; PROVIDING FOR SAID REFERENDUMS TO BE HELD ON MARCH 8, 2011; PROVIDING FOR AND AUTHORIZING THE UPDATING OF THE TOWN BOUNDARIES WITHIN THE TOWN CHARTER AND ALL OFFICIAL TOWN MAPS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Town Commission of the Town of Gulf Stream hereby proposes to annex into the corporate limits of the Town of Gulf Stream, Florida the following described real property located in unincorporated Palm Beach County, in accordance with Section 171, Florida Statutes: SEE EXIBHIT A ATTACHED HERETO (herein referred to as "Proposed Annexation Area." Section 2. This Ordinance proposing to annex the Proposed Annexation Area shall be submitted to a referendum vote of the registered electors of the Proposed Annexation area. The Ordinance shall also be submitted to a referendum of registered electors of the Town. Said referendums shall be held on March 8, 2011 within the precinct locations for the Town and the proposed annexation area. The ballot will contain the following question: ANNEXATION OF UNINCORPORATED PROPERTY CONTIGUOUS TO TOWN OF GULF STREAM Shall the Town of Gulf Stream annex into the Town certain unincorporated property containing approximately 16.6 acres generally located east and west of North Ocean Boulevard (State Road AIA) from Little Club Road south to Sea Road as described in Ordinance No. 011 /1 of the Town of Gulf Stream? ❑ YES ❑ NO The Town Manager and Town Clerk and their respective designees are hereby authorized to take all steps necessary to effect said referendum. If there is a majority vote in favor of annexation of the Proposed Annexation Area by the registered electors within the Proposed Annexation Area and within the Town, the annexation shall become effective on March 15, 2011. If there is a majority vote against annexation of the Proposed Annexation Area by either the registered electors of the Proposed Annexation Area or by the registered electors within the Town, then the annexation of the Proposed Annexation Area shall not become effective and the Proposed Annexation Area shall not be the subject of an annexation ordinance by the Town of Gulf Stream, Florida for a period of two (2) years from the date of the referendum on annexation. Section 3. Provided that a majority of registered electors of the Proposed Annexation Area and the Town vote in favor of the annexation pursuant to the referendums referenced in Section 2 above, the Town Clerk shall be authorized and directed to update the corporate territorial limits of the Town of Gulf Stream within the Town Charter and within the Town's official maps. Section 4. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 5. Repeal of Ordinances in Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 6. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 7. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session on first reading this 14th day of January, 2011, and for a second and final reading on this 4`h day of February, 2011. Mayor n WQk&j'-'0 Co 'over Commissioner ATTEST: Clerk EXHIBIT "A" DESCRIPTION: COMMENCING AT A POINT WHERE THE NORTH LINE OF LOT 17, BENSON BROTHERS SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 27, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, EXTENDED INTERSECTS THE CENTER OF THE INTRACOASTAL WATERWAY AS NOW CONSTRUCTED; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 17, BENSON BROTHERS SUBDIVISION, TO THE INTERSECTION OF THE NORTH LINE OF SAID LOT 17 WITH THE WEST LINE OF GOVERNMENT LOT 2 IN SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 17 AND SAID WEST LINE OF GOVERNMENT LOT 2 IN SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST, FOR A DISTANCE OF 703 FEET; THENCE EASTERLY TO A POINT WHICH IS 100 FEET EAST OF THE WEST LINE OF GOVERNMENT LOT 2 IN SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE SOUTH ALONG A LINE WHICH IS 100 FEET EAST OF AND PARALLEL TO THE WEST LINE OF GOVERNMENT LOT 2 IN SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST FOR A DISTANCE OF 298 FEET; THENCE WEST 100 FEET TO THE INTERSECTION WITH THE WEST LINE OF GOVERNMENT LOT 2 IN SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE SOUTH TO THE TOWNSHIP LINE BETWEEN TOWNSHIPS 45 SOUTH AND 46 SOUTH; THENCE EAST ALONG SAID TOWNSHIP LINES TO THE INTERSECTION OF THE TOWNSHIP LINES AND THE ATLANTIC OCEAN; THENCE NORTHERLY MEANDERING THE SHORE OF THE ATLANTIC OCEAN TO THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 1569.0 FEET OF GOVERNMENT LOT 2 IN SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST WITH THE SHORE OF THE ATLANTIC OCEAN; THENCE WESTERLY, ALONG THE SOUTH LINE OF THE NORTH 1569.0 FEET OF GOVERNMENT LOT 2 IN SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST TO THE INTERSECTION OF SAID SOUTH LINE WITH THE WEST RIGHT OF WAY LINE OF STATE ROAD A -1 -A (BEING A 66 FOOT ROAD RIGHT OF WAY) AS NOW LAID OUT AND IN USE; THENCE NORTHERLY, ALONG THE WEST RIGHT OF WAY LINE OF SAID STATE ROAD A -1 -A TO THE INTERSECTION OF THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 17, BENSON BROTHERS SUBDIVISION RECORDED IN PLAT BOOK 5, PAGE 27, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE WESTERLY, ALONG THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID LOT 17 TO THE INTERSECTION WITH THE WEST LINE OF GOVERNMENT LOT 2 BEING IN SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST AND THE POINT OF BEGINNING.