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74-JJA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING RIGHT-OF-WAY EXCHANGE ARRANGEMENTS WITH PAUL M. PLUNKETT AND JOHN H. MCCOR~NEY, AS TRUSTEES. ATTEST ~!ty ~±erk WHEREAS, the City Council of the City of Boynton Beach, Florida, has heretofore authorized the pursuit of negotiations with Paul M. Plunkett and John H. McCortney, as Trustees, for the acquisition of an 80-foot parcel of land for and as access to the vocational school of the Board of Public Instruction of Palm Beach County, Florida, in exchange for the City's abandonment of a 58-foot right-of-way, said two parcels being more fully described in the attached copy of letter dated the ~-~ day of September, 1974, from Frank Kohl, City Manager, to Paul M. Plunkett, Esquire; and WHEREAS, the arrangements as set forth in the attached letter are deemed by the City Council of the City of Boynton Beach, Florida, to be in the best interests of ~he:public safety and welfare of the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: That the City Manager of the City of Boynton Beach, Florida, is hereby authorized to enter into the arrange- ments for the acquisition of the said 80-foot parcel in exchange for the abandonment of the said 50-foot right-of-way, in accord- ance with the terms and conditions as set forth in the attached copy of the City Manager,s letter to Paul M. Plunkett, Esquire, dated this /~day of September, 1974. Section 2: That this resolution shall take effect immediately upon its passage. ~ ,- ~ ~ May~r ~ ~:~. .... ., : Councilman ~ Councilman CiTY 5OYNTON BF_ACH P. O. BOX 310 120 N. E. 2nd AVENUE BOYNTON BEACH, FLORIDA 33435 Office of the City Manager September 5, !974 Mr. Paul M. Plunkett, Esquire Ptunkett, Nisen, Elliott &~aier One North LaSalle Street Chicago,' Illinois 60602 Dear Mr. Plunkett: This is to advise you that:by this letter the City of Boyr~ton Beach by authority of its City Council hereby makes the following commit- ments to you and your co-trustee as owners of certain property on Congress Avenue described as follows: The West Half of the Northwest Quarter of Section 5, Township 46 South, Range 43 East, LESS and South 1144.0 feet thereof, LESS the West 53.0 feet thereof, and LESS the Worth 90 feet thereof, Palm Beach County, Florida. in consideration of your conveyance by Quit Claim Deed of an 80 foot right-of-way running from Congress Avenue on the West to the Easterly limits of your property, which said conveyance has been here~ofor~e approved by the parties hereto, the City hereby makes the following additional commitments: 1. At the present time the City of Boynton Beach has a right-of-way over a certain fifty foot strip of land running from Congress Avenue easterly to the east border of your property. The City hereby commits itself to the abandonment of such right-of-way and any and all further interest therein which the City may have, all of such to be without cost to you, 2. The City of Boynton Beach agrees within one year from the date hereof, without cost to you, to build a two-lane highway on the said 80 foot right-of-way in accordance with all requirements of City, county and state governmental authorities. Page 1 of 2 Pages Mr. Paul M. Plunkett, Esquire Plunkett, Nisen, Elliott & Maier September 5, 1974 Page 2 of 2 Pages 3. The said two-lane highway, when completed, shall be available to access from your property on both sides thereof and shall be consistent with the ordinances of the City of Boynton Beach. 4. The City has, or shall approve, a 16-inch water line in the 80-foot right-of-way and then westerly along the length of the 80-foot right-of-way. Said water line shall be constructed so as to render complete access thereto throughout your property on both sides of the right-of-way to be conveyed. All of such construction shall be without cost to you, and your right of access as stated is assured by the City. 5. The roadway over the right-of-way shall be so constructed as to provide a storm water flow consistent with other roadways in Boynton Beach. 6. Pending and until the completion of the two-lane highway referred to above, the City will not object to temporary easements for right- of'way from Congress Avenue to point or points on the property on both sides of the right-of-way for purposes of ingress and egress by either the owners of their successors and assigns, provided, however, that such temporary easements do not interfere in any way with con- struction within the 'right-of-way. 7. It is further understood and agreed that until %he completion of the two-lane highway referred to in paragraph two above or until one year from the date hereof, whichever first occurs, the City and its licensees, as well as the Board of Public Instruction of Palm Beach County, Florida, shall have complete use of the said 50-foot right-of- way described in paragraph one above even though such right-of-way has been abandoned by the City in accordance with the provisions, of this letter. This commitment on the part of the City shall inure to the benefit of the present owners of said property, their successors and assigns. Very truly yours, FK:pb cc: Mr. Thomas A.. Clark, City Engineer Mr. Ernest G. Simon, City Attorney The foreg'oi~g~s~p~c~epted this' 5th day CITY OF. BOYNTON BEAC~ qF.rank Kohl/ City Manager of September~ 1974.