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06-021 ~ Return to: (enclose self-addressed stamped envelope) n, .," -\ v 'I~IIIIIIIIIIIIIIIIIII Name Address: CFN 20060178126 OR BK 20109 PG 0038 RECORDED 03/27/2806 16:55:14 Palm Beach County, Florida Sharon R4 Bock,CLERK & CONPTROLLER Pgs 0038 - 42; (5pgs) 1 ORDINANCE NO. 06- oc9. f 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 OF A PORTION OF THE SO FOOT WIDE RIGHT-OF- 6 WAY KNOWN AS NORTHEAST ISTH PLACE, 7 LOCATED ON THE EAST SIDE OF FEDERAL 8 HIGHWAY APPROXIMATELY 6S0 FEET NORTH OF 9 THE BOYNTON (C-16) CANAL, SUBJECT TO STAFF 10 COMMENTS; AUTHORIZING THE CITY MANAGER 11 TO EXECUTE A DISCLAIMER, WHICH SHALL BE 12 RECORDED WITH THIS ORDINANCE IN THE 13 PUBLIC RECORDS OF PALM BEACH COUNTY, 14 FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 15 16 17 WHEREAS, Atlantis Environmental Engineering, Inc., as agent, is requesting the 18 abandonment of a portion of the 50 foot wide right of way known as Northeast 15th Place, 19 located on the east side of Federal Highway. The subject right-of-way is located approximately 20 650 feet north of the Boynton (C-16) Canal and 2,850 feet south of the intersection Gateway 21 Boulevard and Federal Highway, subject to staff comments; and 22 23 WHEREAS, comments have been solicited from the appropriate City Departments, and 24 public hearings have been held before the City's Community Redevelopment Agency, and the 25 City Commission on the proposed abandonment; and 26 27 WHEREAS, staffhas determined that although the subject right-of-way currently serves 28 a public purpose in its current configuration, the service it provides can be adequately 29 accommodated by the proposed relocation and therefore recommends approval subject to staf 30 comments. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 33 THE Cll~Y OF BOYNrrON BEACH, FLORIDA THAT: 34 35 Section 1. ~rhe foregoing Whereas clauses are true and correct and incorporated 36 herein by this reference. 37 38 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby 39 abandon a portion of the 50-foot wide right-of-way known as Northeast 15th Place, located on 40 the east side of Federal Highway The subject right-of-way is located approximately 650 feet 41 north of the Boynton (C-16) Canal and 2,850 feet south of the intersection of Gateway 42 Boulevard and Federal Highway, subject to staff comments, and more particularly described in 43 the attached Exhibit "A." A location map is attached hereto as Exhibit "B." S:\CA \Ordinances\Abandonments\ Yachtsmans Cove.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Section 3. This abandonment shall not take effect until the proposed relocated portion of NE 15th Place had been reviewed and accepted by the City Commission through the re-platting of the existing Yachtman's Cove commercial area into the proposed townhome development. Section 4. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 5. This Ordinance shall take effect immediately upon passage subject to delayed implementation as set forth above. FIRST READING this -dA- day of FebcUt:J..C1' 2006. SECOND, FINAL READING AND PASSAGE THIS ~day of ~ , 2006. CIl;f1/F' FLORIDA !fyor :~~~ /~ ammiSSion.er~\ .~// - / / Ie f--t~1 -&1...l~ ~er ~ 7_ ~jcA-~ Commissioner ATTEST: 7n.~ S:\CA \OrdinanceslAbandonments\ Yachtsmans Cove.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion of the 50-foot wide right-of-way known as Northeast 15th Place, located on the east side of Federal Highway The subject right-of-way is located approximately 650 feet north of the Boynton (C-16) Canal and 2,850 feet south of the intersection of Gateway Boulevard and Federal Highway, subject to staff comments, and more particularly described in the attached Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this c;ll day of ~ ,2006. STATE OF FLORIDA )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this V- day of -1Yl aA1lu ,2006. ~ /YlPtdo NOTARY PUBLIC, State of Florida My Commission Expires: "'~'':.f',, >.<(l\....~\ VAlORIE MOATS j r{t.Ol."i*i MY COMMISSION' 00 346198 t \!i~~-' EXPIRES: September 17 2008 :. . "fIf..l~."" Bonded Thill NO/ary f>OOfic u~ S:ICA IOrdinanceslAbandonmenlsl Yachtsmans Cove.doc Legal Description: A portion of the Right-of-Way for N. E. 15th Place, as shown on the plat of Y ACHTMAN'S COVE, according to the plat thereof, as recorded in Plat Book 31, Page 225, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: BEGINNING at the Southwest Comer of Lot 19, Y ACHTMAN'S COVE, said point being further described as being on the Northerly Right-of-Way Line of said N. E. 15th Place and the Easterly Right-of-Way Line of Federal Highway U. S. 1; thence South 07042'00" West, along said Easterly Right-of-Way Line, a distance of 3.27 feet to the Point of Curvature of a circular curve to the left; thence Southerly and Westerly, along the arc of said curve, and said Easterly Right-of- Way Line, having a radius of 7589.49 feet, through a central angle of 00021 '22", an arc distance of 47.18 feet to a point on the South Right -of- W ay Line of said N. E. 15th Place; thence South 89055'00" East, along said South Right-of-Way Line, a distance of 304.05 feet to the Southwest Comer of said Lot I of said Y ACHTMAN'S COVE; thence North 07042'00" East, the West Line of said Lot 1, and the Easterly Right-of-Way Line of said N. E. 15th Place, a distance of 88.51 feet to the Point of Curvature of a circular curve to the right; thence Northerly and Easterly, along the arc of said curve, having a radius of 50.00 feet, and a central angle of 82023 '00", an arc distance of 71.89 feet to the Point of Tangency, said point being further described as being on South Right-of-Way Line of said N. E. 15th Place; thence North 89055 '00" West, along the Westerly projection of said Right-of-Way line, a distance of 43.76 feet to a point; thence North 41006'30" West, a distance of 66.44 feet to a point on the East Line of said Lot 19, said point being further described as being on the West Right -of- W ay Line of said N. E. 15th Place; thence South 07042'00" West, along said East Line of Lot 19 and said Right-of- Way Line, a distance 88.50 feet to the Point of Curvature of a circular curve to the right; thence Southerly and Westerly, along the arc of said curve, and the Southeasterly Line of said Lot 19, and the Northwesterly Right-of-Way Line of said N. E. 15th Place, through a central angle of 82023'00", an arc distance of71.89 feet to the Point of Tangency; thence North 89055'00" West, along the South Line of said Lot 19, and the North Right-of-Way Line of said N. E. 15th Place, a distance of 208.84 feet to a point on the East Right-of Way Line of Federal Highway U. S. 1, said point being further described as being the Southwest Comer of said Lot 19 and the POINT OF BEGINNING of this description. Said lands situate, lying and being in the City of Boynton Beach, Palm Beach County, Florida. E- Xli /(3 / T t l)4 /1 LOCATION MAP Yachtsman's Cove Exhibit "/3" . 230 I 115 o 230 460 690 920 'Feet N +