03-060
"
ORDINANCE NO. 0 03 - () t:. D
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING ABANDONMENT
OF A PUBLIC UTILITY EASEMENT ON THE EAST
SIDE OF CONGRESS AVENUE, IN THE SHOPPES OF
BOYNTON (NO. 03-0100); AUTHORIZING THE CITY
MANAGER TO EXECUTE A DISCLAIMER, WHICH
SHALL BE RECORDED IN THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Derek Vander Ploeg of Vander Ploeg and Associates, Inc., agent for
L.A. Fitness Center, is requesting to abandon a utility easement, located at the Shoppes of
oynton, subject to staff comments; and
WHEREAS, comments have been solicited from the appropriate City Departments,
and public hearings have been held before the City's Planning and Development Board, and
he City Commission on the proposed abandonment; and;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, does
hereby abandon a utility easement located on the east side of Congress Avenue and bounded
by Gateway Boulevard to the south and the L WDD L021 Canal to the north, specifically, the
subject property is located on the north parcel at the northeast comer (Shoppes of Boynton),
subject to staff comments and any easements of record, and more particularly described in the
attached Exhibit "A". A location map is attached hereto as Exhibit "B".
Section 3. The City Manager is hereby authorized and directed to execute and
deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm
Beach County, Florida.
Section 4. This Ordinance shall take effect immediately upon passage.
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FIRST READING this K day of Iv IJ U eP1 k 2003
S:ICAIOrdinanceslAbandonmentsllA Fitness Center.doc
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SECOND, FINAL READING AND PASSAGE THIS ~day of
beeembc.r ,2003.
CITY OF BOYNTON BEACH, FLORIDA
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S:ICAIOrdinanceslAbandonmentslLA Fitness Center.doc
CITY CLERK'S OFFICE
MEMORANDUM
TO:
Kurt Bressner
City Manager
FROM:
Janet M. Prainito
City Clerk
DATE:
December 3, 2003
RE:
Ordinance 03-060 - Abandonment of Public Utility Easement on East
Side of Congress Avenue in the Shoppes of Boynton
Attached is the oriainal disclaimer that was approved on second reading by the City
Commissioners part of Ordinance 03-060 which authorizes the abandonment of a
public utility easement on the east side of Congress Avenue in the Shoppes of Boynton.
Please sign and return the original document to me for further processing.
Thank you.
~m. ~t,
Attachment
S:\CC\WP\AFTER COMMISSION\Transmittal Memo to City Manager.doc
s:\cc\wp\after commission\transmittal memo to city manager-doc
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach,
lorida, a municipal corporation, under the laws of the State of Florida, does hereby abandon
utility easement, located on the east side of Congress Avenue and bounded by Gateway
oulevard to the south and the L WDD L021 Canal to the north, specifically, the subject
roperty is located on the north parcel at the northeast comer (Shoppes of Boynton), and
ore particularly described in the attached Exhibit "A".
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
each, Florida, have hereunto set their hands and affixed the seal of the City this ~
ayof December 2003.
CITY OF BOYNTON BEACH, FLORIDA
anet Prainito
ity Clerk
Kurt Bressner, City Manager
TATE OF FLORIDA
)
)ss:
OUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
anet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach,
lorida, known to me to be the persons described in and who executed the foregoing
'nstrument, and acknowledged the execution thereof to be their free hand and deed as
uch officers, for the uses and purposes mentioned therein; that they affixed thereto the
fficial seal of said corporation; and that said instrument is the act and deed of said
orporation.
WITNESS my hand and official seal in the said State and County this _ day of
ecember,2003.
NOTARY PUBLIC, State of Florida
My Commission Expires:
S:ICAIOrdinanceslAbandonmentslLA Fitness Center.doc
EXHIBIT "A"
Two parcels of land lying in sec. 17, Township. 455, -Range. 43E, described as follows;
COMMENCING at the W1/4 comer of said Sec. 17; thenc;e N 89008'39" E., along the east/west Qtr.
Une of said 5ec. 17 a distance of 60.06 feet: thence 5 01043'35" W along the east right-of-way line
. of Congress Avenue a distance of355.15 feet; thence S44033'53"E a distance of 36.14 feet; thence
N 89008'39" E along the north right-of way line of Quantum Boulevard a distance of 118.71 feet;
thence N 00051'21" W ~ distance of 123.39 feet; thence N 30007'37" W a distance of 69.43 feet;
thence N 00051'21" W a distance of 89.46 feet: thence N 89008'39" E a distance of 95.00 feet;
thence 5 00051'21" E a distance of 48.34 feet; thence N 89008'39" E a distance of 25.00 feet;
thence S 00051'21" E a distance of 15.00 feet; thence S 89008'39" W a' distance of 25.00 feet;
thence S 00051'21" E a distance of 74.16 feet; thence N 89008'39" E a distance of 245.55 feet to
the POINT OF BEGINNING; The last 10 calls being coincident with the edge of an existing utility
easement as recorded in O.R.B. 7149, Page 1153, Palm Beach County Records; thence N 00051'21"
Wa distance of 18.30 feet; thence N 89008'39" E a distance of 15.00 feet; thence 5 00051'21" E a
distance of 18.30 feet to Reference Point "A"; thence S 89008'39" W a distance of 15.00 feet to said
POINT OF BEGINNING; Together with COMMENCING at the aforementioned Reference Point "A";
thence N 89008'39" E a distance of 3.30 feet to a POINT OF BEGINNING; thence N 01043'35" E a
distance of 73.67 feet; thence N 88016'25" W a distance of 9.00 feet; thence N 01043'35" E a
distance of 9.00 feet; thence N 01043'35" E a distance of 19.00 feet; thence 5 88016'25" E a
distance of 24.00 feet; thence 5 01043'35" W a distance of 91.99 feet; thence S 89008'39" W a
distance of 15.00 feet to the POINT OF BEGINNING. Said lands situate, lying and being in Palm
Beach County, Rorida. .
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Location Map
L.A. Fitness
EXHIBIT ''8''
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The City of Bovnton Beach
12/22/2003 10:03:18 20030783335
OR BK 16344 PG 1250
Palm Beach County, Florida
...C((
City Clerk's Office
100 E BOYNI'ON BEACH BLVD
BOYNI'ON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.fl.us
www.boynton-beach.org
CERTIFICATION
I, JANET M. PRAINITO, CMC, CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify that a copy of Ordinance #03-060 including Exhibit "A"
& "B" consisting of four pages, and the original Disclaimer including Exhibit "A"
and "B" consisting of three pages are true and correct copies as they appear in
the records of the City of Boynton Beach, Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON
BEACH, FLORIDA, dated this 16th day of December 2003.
NET M. PRAINITO, CMC, CITY CLERK
America's Gateway to the Gulfstream