R00-103RESOLUTION NO. R00-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING ABANDONMENT OF CASA LOMA
BOULEVARD; BEING MORE PARTICULARLY
DESCRIBED HEREIN; AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A DISCLAIMER
FOR SAID ABANDONMENT; PROVIDING THAT
THE ATTACHED DISCLAIMER BE RECORDED IN
THE PUBLIC RECORDS OF PALM BEACH COUNTY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the abandonment of Casa Loma Boulevard is an intricate part
of the Marina redevelopment and a condition of a mediated settlement of
litigation concerning the development project; and
WHEREAS, comments have been solicited from the appropriate City
Departments, and public hearings have been held before the City Commission on
the proposed abandonment; and
WHEREAS, the approved site plan approved for the development of the
marina provides for redesign and construction of Casa Loma Boulevard in a
manner which will preserve and enhance public access along Casa Loma
Boulevard.
WHEREAS, based on the foregoing information, the Casa Loma
Boulevard no longer serves any purpose whiCh would require that it be
maintained as a public right of way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. Each Whereas clause set forth above is true and correct
and incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida
does hereby abandon Casa Loma Boulevard, the legal description of which is
attached hereto as Exhibit "A'; subject to staff and utility company comments,
and reserving easements to the City of Boynton Beach for public access and
utility services to the City of Boynton Beach.
Section 3. The Mayor and City Clerk are hereby authorized and directed
to execute the attached Disclaimer and cause the same to be filed in the Public
Records of Palm Beach County, Florida.
Section 4. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this ,~ day of ~_~,/,.,~, 2000.
A1 FEST:
CITY (~ BOYNT~OI~ BE/~CH, FLORIDA
M~'yo '
Vice Mayor
Co~rrn~sioner
Commissioner
Cit~Clerk
0¥ ~.
s.;,~ _~.~-~ ._~,. "~andonment\Casa Loma Blvd.
920 /
/lllllllllll
EXHIBIT"/ "
JOHH A* GRANT, JR., ZHC.
Consulting ~flg~neers
3333 Harsh ~ederaL Hlghvay
Boca Baton, FL 33431
~G XOO'48X4-wX
septsuber 28, 1990
Shoat 2 o£ 2
08-43-45-27-03-000-0010 LEGAL DESCRXPTXOH
and 0071 ,CASA ~ORA BOOLEVA~O
A parcel of land lyLng ~n Section 27, TovnshLp 45 SOuth, Range 43
mast, c£ty.oC Boynton neath, Palm Beach County,.Florida. s&Ld
~and ~e{ng a pact o{ Casa Soma BOUlevard and Cana~ ~r~ve as shove
on the plat o{ ~ASA LOHA aa recorded {n PZa~ Book l~, Pmge 3 of
the Public neoordm o£ Palm Beach County, rZor~da, said ~and being
more particularly described aa Eollovs:
BEGXHNZHG at the NorS:he&st corner of L°t ! o£ BaLd CASA
aa~d point lying on abe ~ntecsec~on o~ ~he Sou~h c~ght-o~-viy
1Lee of Casa Lama Boulevard and the Ues~ tight-of-way l~nt of
Cane~
THENCE Vieh a beart~ of S. 89° S6t 20' M., aZong ehe HarSh Ztne
oe :oas Z-~2 of sa~d ~SA ~O~A and also the Soueh
~Lne oe eisa Lama BouZevard, a distance of SSS.4Z ~ee~ ~o a ~tnt
~y~ng on the wes~ tight-of-way ALee of Orange Grove Avenuel
~BHCE vith a bearing o~ H. 02° 0Z* 43° W** along'aha wage' tLgbe-
o~-vay ~lne of Orangs GrOVe Avenue, a dtstnee of 58.02 ~eet to
TBE~IC~ vi~h & bnarLng o£ ~. 0So 44~ 45° ~., a dLatnnce o£ 55.28
~eet to a ~Aat;
THB~¢~ vLeh a bearing o£ S. 89° 56' 20' #., a dAstanoe of 38.2S
£eet, mort or less~to the point of BegiBnSng.
Cant&thing 39,248 square ~eet (0.878 Aa.j, moru.~rrZeas, and'
sub~ect to easements ~nd r~ghts-oe-vay of record. . ,.
Bearings based on an oJoumsd beating o~ due West' along t~e North
~lne of Section 27. ..-'
oo
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 Casa Loma Boulevard, more particularly described herein as
Exhibit "A'; subject to the reservation of easements for public access and
utility service.
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 //~day of July, 2000.
ATTEST: CITY C~F BOYNTOI~J03EACH, FLORIDA
Su~'anne mruse, .,,,.','~.~c~ ~:~ ~;~, Gerald Broening, Mayor
· .~ -¢,,~ .. .:, ./
Oty Clerk ~,+ ..~?,'7.:: .-" ~
COUN~ OF PALN B~CH )
BEFORE ME, the undersigned authority, personally appeared GERALD
Broening and SUZANNE KRUSE, Mayor 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.
WTI'NESS my hand and official seal
//~ day of July, 2000.
S:ca~isclaimefiCasa Loma Blvd. 062200
in the said State and County this
NOTARY PUBLIC, State of Florida
My Commission Expires:
~o,,~?~. ~arbara M. Madden
i~ ~-,Commi~io~ ~ CC 760467
~,,c~l;:,~ Expi,,~ ,,July'm, 2002
,~'~1'~ ~ouo~N~ co., ~uc.
EXHIBIT"A,
Consulting Engineers
3333 North Federal Highway
Boca Baton, FL 33431
JG 100~4914-WX
september 28, 1990
08-43-45-27-03-000-0010 LEGAL DESCRIPTION
and 0071 .CASA LOX& BOULEVARD
A parcel of land l~ing ~n section 2?, Township 45 Squth~ Range 43
East, City.of BOynton BOSCh, Palm Beach County,.Florida, said
land being n pa£t of Casa Loma Boulevard and canal Drive as shown
on the plat of ~ASA ~OM& as recorded ~n Plat Book II, Page
the Public Records o~ Palm Beach County~ Florida, said land being
more particula~l¥ described as Eollows:
BEGINNING at the Northeast corner of LOt 1 of said CASA LONA,
said point lying on the intersection of the South right-of-way
line of casa LOma ~oulevard and the ~est right-o~-~a¥ line of
Canal
THENCE ~ith a bearing of S. 89° $6e 20' W., a~onq the North line
of Lots 1-12 of said CASA iSM& and also the South r~ght-of-way
line of casa Lomu Boulevard, & distance of 656.41 feet 2o a point
l¥~n~ on the wes= right-o~-w&y lane of Orange G£ove Avenue~
T~IENCE with a bearing of N. 02° 01' 43' W., along'the west'
o£-way line of Orange G£ove Avenue, a distance of S$.03 feet to a
poin~
THENCE with a hsarin9 of N. 89° 56' 20' E., along the North
right-of-way line 0£ Casa LOma Ooulevard, a distance of 699.15
~eet to a point;
THENCS wi~h a bearing o£ S. 0S° 44~ 4S0 W., a distance o£ 55.28
~eet to a point;
?HENC~ with a bearing o~ S. 80° SS' 20° #., a d/st~nce of 3s.26
Peet, more or lesb'%~to the Point of Beginning ....
Containing 38,248 square ~eet (0.878 Ac.)~ more.~r.less, and'
sub~ect to easements and rights-of-way o~ ~ecord. . :.
Bearings based on an assumed bearing of due West along t~eHo£th
line of Section 27. ..' '
T he C.i of
Bofnton Beach
Ci~ Clerk's Office
O0 E. Boynton Beach Boulevard
P.O. Box 310
Bofnton Beach, Florida 33425-0310
(561) 742-6060
FAX: (561) 742-6090
CERTIFICATION
I, SUZANNE M. KRUSE, CITY CLERK of the City of Boynton Beach, Florida, do
hereby certify that the attached copy of resolution #R06-I03 consisting of two (2)
pages and Exhibit "A" consisting of one (1) page, plus the original disclaimer
consisting of one (1) page and Exhibit "A" also one (1) page, 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, this 13th day of July, 2000.
SUSANNE M. KRUSE, C~l~
CITY CLERK
July 13, 2000
"An Equal Optvortunitv/Affirmatiw Action/ADA
ORB "i :$.~"i E..~ pg 87
RESOLUTION NO. R00-/~.~
A RESOLU-I'~ON OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLOR/DA,
AUTHOR/ZING ABANDONMENT OF CASA LOMA
BOULEVARD; BEING MORE PARTICULARLY
DESCR/BED HEREIN; AUTHOR/ZING THE MAYOR
AND C1TY CLERK TO EXECUTE A DISCLAIMER
FOR SAID ABANDONMENT; PROVIDING THAT
THE ATTACHED DISCLAIMER BE RECORDED IN
THE PUBLIC RECORDS OF PALM BEACH COUNTY;
AND PROVIDING AN EFFECTIVE DATE.
. WHEREAS, the abandonment of Casa Loma Boulevard is an intricate part
of the Marina redevelopment and a condition of a mediated settlement of
litigation concerning the development project; and
WHEREAS, comments have been solicited from the appropriate City
Departments, and public hearings have been held before the City Commission on
the proposed abandonment; and
WHEREAS, the approved site plan approved for the development of the
marina provides for redesign and construction of Casa Loma Boulevard in a
manner which will preserve and enhance public access along Casa Loma
Boulevard.
WHEREAS, based on the foregoing information, the Casa Loma
Boulevard no longer serves any purpose which would require that it be
maintained as a public right of way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLOR/DA THAT:
Section 1. Each Whereas clause set forth above is true and correct
and incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida
does hereby abandon Casa Loma Boulevard, the legal description of which is
attached hereto as Exhibit "A", subject to staff and utility company comments,
and reserving easements to the City of Boynton Beach for public access and
utility services to the City of Boynton Beach.
d
ORB 11~.~ pg 88
Section 3. The Mayor and City Clerk are hereby authorized and directed
to execute the attached Disclaimer and cause the same to be filed in the Public
Records of Palm Beach County, Florida.
Section 4. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this ~ day of .~./....y~, 2000.
CITY O~ BOYNT, OI~ B/F_.~, · H, FLOR:IDA
'/ ,i//
Vice Mayor
Co'~"-rr~sioner
Commissioner
ATTEST:
Loma Blvd.
EXHIBIT" A,"
JOHH A. ~RANTo JR.~ IHt,
Consul~ing ~gineers
3333 Hor~h Federal Highway
Boca RaiDs, FL 33431
ORB 11~1~ pg
JG 100'4'914-WI
Shoat 2 Of 2
08-43-45-27-03-000-0010 LEGAL DESCRIPTION
.CASA LO,IA BOULEVAitI~
and 0071
A parcel of land l~ing Ln Section 27t Township 45 S~uCh~ Range 43
East, C£ty,of BoyhoOD neath, Palm Beach county~ .Florida, said
land being a part o~ Casa r*oma Boulevard and Canal. Drive as shown
off the plat of CASA LONA as recorded in Plat Book ll0 Page 3 o£
the PUblic Records 0£ Palm Beach County, FLorida, said land being
nora particularly described aa follows:
BBGIHNINO at the Northsss~ corner of Lot ! of said CASA LONAt
said po£nc lying on the ~ntereection of the South right-of-gay
line of casa LoBs Boulevard and the ues~ right-of-way l~ne of
Canal Oglvel
THENCE ~lth a bearing of S. 89° $60 20' W., along the North Line
De Lots ~-~2 of eatdc~SA LONA and also the S~h right-of-gay
line of Casa Lomenoulovard~ s distance of 656.4! ~eet to a point
lying on the Ueac £1ghC-of-vay lane of Orange Grove Avenue~
TJlSNCB with a bearing of H. 02° 01' 45t g., along'the #ese~ r~gbe-
of-way Lint of orange Grove Avenue, a diatance o£ SS~3 £eeC ~o &
poinc~
?IiERCE wibh s bearing of H. 89° 56' 20' E., along ~he Horth
r~gh~-of-way line of casa coma Boulevard, a d~stance of 699.15
feet to n point;
TBENCS vl~h & bearing o£ S. 0S° 44~ 4S0 M,, a distance o£ 55.28
feet to a point!
THENCE W/~h & bearing of s. 80° S6e 20° #** & dA'st&ncc of 35.26
feet, more or lesi~to the Point of Beginning.
COntaining 38,248 square fee~ (0.878 Au.), more~r. Leas, and'
subIec~ ~o easements and rights-of-gay of record. .:.
Benrings based on an assumed bearing of due Wee~' along t~e ~o~th
Line of ~ectlon 27. .."
ORB 11916 Pg 90
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 Casa Loma Boulevard, more particularly described herein as
Exhibit "A'; subject to the reservation of easements for public access and
utility service.
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 //~day of ]uly, 2000.
A'I-rEST: CITY QF BOYNTOr!Id3EACH, FLORIDA
buzanne ~,ruse, .~; ~ ~ ~ ~c"~ ~->. Gerald Broening, mayor
STATE OF FLOR~J~ ~ ~? ~? ¢)?~ .-~
COUNTY OF PAL~ BEACH )
BEFORE IVlE, the undersigned authority, personally appeared GERALD
Broening and SUZANNE KRUSE, Mayor 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.
S:ca\disclaimer~Casa Lomm Blvd. 062200
WITNESS my hand and official seal in the said State and County this
///'~e day of ]uly, 2000.
NOTARY PUBLIC, State of Florida
IVly Commission Expires:
Barbara M. Madden
~-,Commission, CC 7~87
~ires ~ 19 ~2
~NDED THkU
ATtic BONO1N~ CO., INC.
EXHIBIT" A,
ORB 3. :1. '::.) 3. E:~ Pg ' '~:L
DOROTHY H, WI~EN~ CLERK PI) COUNTY, FL
JOHH A. ~RAHT, JR., tnt.
3333 Horth Federal H~ghway
Boca aaron, FL 33431
08-43-45-27-03-000-0010
LEGAL BESCRZPTXON
.CASA LO~A
and 0071
East, c~ty.o/ noynton Bosch, Pule Beach county,.F~or~da, sa~d
land betnga part o~ Casa Loam Boulevard and eana~ Drive aa shove
on the pLac et ~SA LeNA am recorded in
the PunX~c Records 0~ PaLm Beach Co~cy~ FXori~, an~d ~and berg
sa~d point ~ytng on ~he ~n~eEat~C~on of ~he South
~ne of Casa Loan 8ou~evard and ~he ues~ c~ghC,of-vay l~nt of
THEHCE ~i~h a beari~ of S. 89° 560 20' W., a~ong
of ~o~s ~012 o~ said ~A ~HA lad ease
lane of Camm Lomb Gou~ard, i distinct of 6S6.4~
~y~ng ~ ~he W~c cLghC*of-vl~ ~lno of Orange GrOVe AV~Uef
~ v~th a ~artng of ~ 02° 0~' 43' W., along't~ ve~' tight-
of-way l~e of ormnge Gr~O Avuue, a disturb et 5S~2
TBEHCB vl~h i btirLng of S. 0S° 44e 4S0 U., a distance of 35.28
~B~CB ul~h a bearing of S, 80° S6' 20' W.e a d~s~"ee of 3S,26
Conta*n~ng $8,246 square feet ?~878 Am.J, Bore pr.lemse and
mub~ect to easements and r~ghtm-o~ way o~ record. '! ,. ,
BearAaqm baaed on aa assumed bearing of due west' aXonv ~e Uoc~h
line of He-time 27.