R24-083 1 RESOLUTION NO. R24-083
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A PARTIAL RELEASE OF MORTGAGE FOR
5 104 EAST GATEWAY BOULEVARD, BOYNTON BEACH, FLORIDA 33435;
6 AND PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES.
7
8 WHEREAS, the Florida Department of Transportation has done a partial taking of the
9 property located at 104 East Gateway Boulevard, Boynton Beach, Florida 33435 by Eminent
10 Domain.
11
12 WHEREAS, this Partial Release of Mortgage releases the portion of the property taken
13 by the Florida Department of Transportation. The City's mortgage remains valid and
14 enforceable against the owner and remainder of the property. The taking does not affect the
15 improvements or access; and
16
17 WHEREAS, the Commission, upon recommendation of staff, has deemed it to be in the
18 best interests of the citizens and residents of the City to approve a Partial Release of Mortgage
19 for 104 East Gateway Boulevard, Boynton Beach, Florida 33435.
20
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
22 BOYNTON BEACH, FLORIDA, THAT:
23
24 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption.
26
27 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
28 approve a Partial Release of Mortgage for 104 East Gateway Boulevard, Boynton Beach, Florida
29 33435, in form and substance similar to "Exhibit A," and any other documents necessary to
30 effectuate the transaction, subject to approval by the City Attorney's Office, and authorizes the
31 City Manager to execute the Partial Release of Mortgage.
32
33 SECTION 3. Upon execution of the Partial Release of Mortgage by the City, the City
34 Clerk shall record the Partial Release of Mortgage in the Public Records of Palm Beach County.
35
36 SECTION 4. This Resolution shall take effect in accordance with law.
37
38
39 [signatures on following page]
40
41
42 PASSED AND ADOPTED this 16th day of April 2024.
43 CITY OF BOYNTON BEACH, FLORIDA
44 YES NO
45
46 Mayor-Ty Penserga +/
47 /
48 Vice Mayor-Aimee Kelley •/
49
50 Commissioner-Angela Cruz ✓
51 /
52 Commissioner-Woodrow L. Hay `/
53
54 Commissioner-Thomas Turkin 41,-4%e'-
55
56 VOTE 1,°
57 A ' .ST: ,
58
59 I IL' , ki 111111/A..1 ..F -
60 Mayl-- rieJesus, MPA MMC Ty Pe :e •a
61 City C - M., a
62
63 -€.,0 NTON `‘t A•PROVED AS TO FORM:
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67 a 1920 I Shawna G. Lamb
68
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CFN 2024014 450
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Prepared by: REi=ORD 4t29,,`21-124 1.:15 PM
Mead Law and Title,PLLC P:dtri}3e:,_h 1_°tlrtt.',',F7[Qj}i
24 Walter Martin Road _To:tp}•i Abm.,m,
Ft Walton Beach,Fl 32548 F;:.:: i? :- 140;fVs.l
PARTIAL RELEASE OF MORTGAGE
STATE OF FLORIDA
COUNTY OF PALM BEACH
For and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the undersigned, owner of a Mortgage and the indebtedness secured
thereby made by Annanias Asse and Huguette Asse, husband and wife,to The City of Boynton
Beach, a Florida Municipal Corporation, whose post office address is 100 East Ocean Avenue,
Boynton Beach, Florida, 33435, in the original principal sum of$70,700.00,recorded 03/20/2007,
in Official Records Book 21532 at Page 1550, of Public Records of Plam Beach, County, Florida,
and does hereby release said mortgage only insofar as same pertains to the following
described property:
SEE ATTACHED EXHIIT A
It is expressly understood and agreed that this release shall in no way affect the lien of the above
mortgage as to the remainder of the property described therein and not heretofore
released from its lien.
The City of Boynton Beach, a
Florida Municipal Corporation
BY: __
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Its: lT►tRo1 .
'
STATE OFFDA
COUNTY OF m apyV
The foregoing instrument was acknowledgebefo e me by means of physical presence
or online notarization, this (.041 day of -f t Qom' , 2024, b \ 1as
` .\r \m 'of The City of Boynton Beach, a Florida, who is personally known to me.0
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Notary Public
My Commission Expires:
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CITY ATTORNEY'S OFF!" i = MY IRE M2:...02:::\x..5
Approv s to firm and 1 lily z EXP m
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By: .L//.. /,. 41 . d.A.1 ",�;. S,T O7
Shawna G.Lamb, 'b.' `�•�OF °.'��
City Attorney °' ,SSiON NUMB�� ,
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Legal Description
Item/Segment No. 2319321 Exhibit "A"
Fee Simple Right of Way
Section 93220-2562
01-28-20
Parcel No. 123 State Road 9 (I-95) Palm Beach County Description
A portion of Lot 17, Block 34,AMENDED PLAT OF BOYNTON BEACH,according to the plat
thereof, as recorded in Plat Book 24, Page 28, of the Public Records of Palm Beach County,
Florida,lying in Section 16,Township 45 South,Range 43 East,as shown on Sheet 7 of the Florida
Department of Transportation Right of Way Map for State Road 9 (Interstate 95), Item/Segment
No. 2319321, Section 93220-2562,being more particularly described as follows:
Commence at the Southeast Corner of said Lot 17, also being a point on the Westerly Existing
Right of Way line of NE 1St Way; thence North 01°31'25" West along said Westerly Existing
Right of Way line,a distance of 50.31 feet;thence South 86°20'56"West,a distance of 3.03 feet
thence North 03°39'04"West, a distance of 12.00 feet to the beginning of a non-tangent curve
concave Southwesterly,having a chord bearing of North 70°00'07"West;thence Northwesterly
along said curve, having a radius of 20.00 feet, through a central angle of 38°45'26", an arc
distance of 13.53 feet to the end of said curve;thence North 89°22'50"West, a distance of 89.24
feet to a point on the West line of said Lot 17;thence North 01°31'25"West along said West line,
a distance of 21.02 feet to the Northwest Corner of said Lot 17 and the Southerly Existing Right
of Way line of Gateway Boulevard;thence South 86°52'08"East along said Southerly Existing
Right of Way line, a distance of 82.30 feet to the beginning of a curve concave Southwesterly,
having a chord bearing of South 44°11'46"East;thence Southeasterly along said curve,having a
radius of 25.00 feet,through a central angle of 85°20'43", an arc distance of 37.24 feet to the end
of said curve and a point on the aforesaid Westerly Existing Right of Way line of NE 1St Way;
thence South 01°31'25"East along said Westerly Existing Right of Way line,a distance of 9.50
feet the POINT OF BEGINNING.
Containing 1,925 square feet,more or less.