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O99-06Mae-19-199981:lSpa 99--111586 ORB 18996 Pg 488 IIIII II III !1 III II III !1 III Il III II HI II Itl II III II Iil I III! ~--- ORDINANCE NO. AN ORDINANCE OF THE CITY COMHISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A SPECIAL PURPOSE AND A UTILITY EASEHENT, (LOCATED AT 1632 NORTH FEDERAL HIGHWAY); SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND OTY CLERK TO EXECUTE A DISCLAIMER FOR SAID ABANDONMENT; PROVIDING THAT THE A-I-I'ACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; P:2,OVIDING FOR CONFLICTS, SEVERABILTI'Y AND AN EFFECTIVE DATE. WHEREAS, the applicant, ]an C Hansen, AICP, agent for Olen Residential Realty Company, property owner, has requested abandonment of a special purpose and a utility easement, located at 1632 North Federal Highway; and WHEREAS, comments have been solicited from the appropriate City Departments; and WHEREAS, public hearings have been held before the City's Planning and Zoning Board and the City Commission on the proposed abandonment; and WHEREAS, based on the foregoing information, the said easements no longer serve any useful purpose. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION · OF THE C!TY OF EOYNTON EE~.~:~ FLOP./~.D~.~ TH.~.T: Section 1. The City Commission of the City of Boynton Beach, Fiorida by and through its City Commission does hereby abandon a special purpose easement and a utility easement, located at 1632 North Federal Highway, and more particularly described in Exhibit "A", subject to Conditions included in Exhibit "B'- Conditions of Approval, attached hereto and made a part hereof. Section 2. The Mayor and City Clerk are 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. ORB 18996 Pg 489 Sectibn 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. This ordinance passage. FIRST READING thls ~ day of SECOND, FINAL READING ja'~~g~/, 1999. shall become effective immediately upon .~C--~-e~a~ ~v ., 1999. AND PASSAGE this /~ day of CITY OF BOYNTON ~EA~H, FLORIDA Vice yor ~ayor ~ro leto Comm~ssio3%er , Co~~sior~, r . Commissioner ATTEST: ,s\\\\ll{ It ! f!if/////., RECORDER'S MEMO: Legibility of document unsatisfactory when r~ceived. ORB ~-0~-~?~ Pg ~0 EXHIBIT "A" Utility Easeme't The West five feet of lot 32, and the West 5 feet of ~ot 53, and the East 5 feet of lot 33, and the East five feet of ~ot 52, together with 10 foot area of undediceted roadway lying five feet on either side of the Southerly extension of the East line of lot 33, as recorded in the Official Record Book 1415, Page 102, Public Records of Palm Beach County, F]odda, allocated in Lake V~llage, a subdivision of the City of Boynton Beach, Florida, according to the plot thereof on file in the Office of the Clerk of the Circuit Court in and for Palm. eeach.._County, Roi-ida. _ret0 .rd. e~i- -_!n_Pl?t_B__°0_k 2__l,_?a_g~. !_8' public records of Palm Beach County, Flodda. Special Purpose Easement_ A portion of a parcel of land lying along the South line of Lot 18, SAM .BROWN JR.'S SUBDIVISION, a subdivision of the City of Boynton Beach, Rodd=~ according to the plat thereof on file in the office of the Clerk of the Circu~rt Court in and for Palm Beach Count, Fiodda, recorded in Plat Book 1, Page 81, Public Records of Palm Beach County, Flodda, being more particularly described as follows: Commencing at the northwest comer of Lot 11, LAKE VILLAGE, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, recorded in Plat Book 21, Page 18; thence North 89"59'45" East, along North line of said plat, a distance of 49.16 feet to the POINT OF BEGINNING of said portion; thence ~eparting said North line North 07°36'49" East, a distan.ce of 10.09 feet; thence North 89~59'45' East a distance of 394.55 feet; thence North 00~0'15" West, a distance of 20.00 feet, thence North 89°59'45" East, a distance of 30.00 feet; thence South 00°00'15" East, a distance of 20.00 feet; thence North 89°59'45" East, to a point on the mean high water line of Lake Worth, a distance of 189.65 feet; thence South 13°18'59' West, along said mean high water line, a distance of 10.28 feet to a point on the North line of said plat of LAKE VILLAGE; thence South 89e59'45" West along said. North plat line, a distance of 613.17 feet to the POINT OF BEGINNING. 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 and disclaim a certain special purpose easement and a utility easement, more particularly described herein as 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 /G day of February, 1999. ~,..,xx_x~.~ ~&~,~xx~'u ~mmm#~,.. CITY__s__//~OF BOYIXIT. DN-BE~CH, FLORIDA FLOP DA) COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared JERRY TAYLOR and SUZANNE KRUSE, Mayor and CJb! Clerk respe~ively, 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. ORB 10996 Pg W:I:TNESS my hand and official seal in the said State and County this I ~//~day of February, 1999. My Commission Expires: NOTARY PUBLIC, State of Florida ,~,Commissiml # CC 760467 Ex.i~es JuIV 19, 2002 BONDING CO., INC. ORB 10996 Pg EXI~IBIT "A" Utility EasemenJ The West five feet of lot 32, and the West 5 feet of lot 53, and the East 5 feet of lot 33, and the East five feet of lot 52, together with 10 foot area of undedicat~d roadway lying five feet on either side of the Southerly extension of the East line of lot 33, as recorded in the Official Record Book 1415, Page 102, Public Records of Palm Beach County, Flodda, allocated in Lake Village, a subdivision of the City of Boynton Beach, Florida, according to the plot thereof on file in the Office of the Clerk of the ............. Circuit Court in and for PalmBeach__~o_un~J, Roi'ida recorded in Plat Book 21, Page 18, public records of Palm Beach County' Florida, Special Purpose Easemen_t A portion of a parcel of land lying along the South line of Lot 18, SAM .BROWN JR.'S SUBDIVISION, a subdivision of the City of Boyntor~ Beach, Fiodda, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 81, Public Records of Palm Beach County, Florida, being more particularly described as follows: Commencing at the northwest comer of Lot 11, LAKE vILLAGE, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, recorded in Plat Book 21, Page 18; thence North 89°59'45" East, along North line of said plat, a distance of 49.16 feet to the POINT OF BEGINNING of said portion; thence ~eparting said North line North 07°36'49" East, a distance of 10.09 feet; thence North 89°59'45" East, a distance of 394.55 feet; thence North 00°00'15" West, a distance of 20.00 feet, thence North 89059'45" East, a distance of 30.00 feet; thence South 00o00'15" East, a distance of 20.00 feet; thence North 89059'45" East, to a point on the mean high water line of Lake Worth, a distance of 189.65 feet; thence South' 13°18'59" West, along said mean high water line, a distance of 10.28 feet to a point on the North line of said plat of LAKE VILLAGE; thence South 89°59,45" West along said North plat line, a distance of 613.17 feet to the POINT OF BEGINNING. Boynton Beach 100 E. Boynton Beach Boulevard P.o. Box310 Boynton Be~cb~ Florida 33425-0310 City Hapb (561) ~ 742-hobo FAX: (561)~ 7~2.bo9o ORB 1E1~"~":=.~6 p§ '~.2.~F__., I)OROTHY H. #[LKEN, CLERK PB COUNTY, FL CER TIFICA TION I, JANET PRAINITO, DEPUTY CITY CLERK of the City of Boynton Beach, Florida, do hereby certify, that the attached Ordinance #099-06 consisting of three (3) pages, is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. Also attached is the original disclaimer consisting of three (3) pages and a map consisting of two (2) pages WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, this 26t~ day of February, 1999. ,~A/~E T PRAINITO 'DlgPUTY CITY CLERK February 26, 1999 America's Gateway to the Gulfstream ORB 18996 Pg 434 LOT 25 / LOT OF LAKE/VILLAGE BOOK /fil,' PAGE 18 / / 26 PLAT PLAT LEGAL DESCRIPTION: LOT 33 UNDEDICATED ROADWAY / / LOT 32 30 15 0 GRAPHIC SCALE tN FEET SCALE: 1"= $0' UTfL[TY EASEMENT b O.R.B. 1415, PG, 102 LOT PER . ~ SOUTH LINE PLAT OF LAKE VILLAGE PLAT 800K 21, PAGE I8 The West 5 feet of Lot 32, and the West 5 feet of Lot 55 the ~-ast 5 f~et oF Lot ~" · , . .., _. . , ,on,d, the East 5 fee*. of Lot 33, and ' oo, as r,ecor.a, ed in Official Re,cord ~OOk t415, Page 102, Public Records of Pa m Beach Countv, Florida h -- ,~ '.~ i ,,-.. · t., v. uv,X,,~v~, pullen, r)orlaa occoram to the I - · '-- ~' Off ce of the Clerk .... g pot th.c eot' on file m the of the. C)rcumt Court ~n and for Palm Beach County, Florida recorded in Plat Book 21, Page 18, public records of Palm Beach County, Florida. 30 SURVEYOR'S NOTES: 1. THIS DRAWING IS NOT A SURVEY. ABBREVIATIONS: P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT O.R.B.- OFFICIAL RECORD BOOK 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 3 THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANy EACH OTHER. 4. THIS I..EC-,AL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL R,qSED SEAJ,~ OF A FLORIDA LICENSED SURVEYOR AND MAPPI .EMPLOYED 8~G .LAND SURVEYING, INC. · PREPARED . ~/C2ERTir ii · PROFESSI( SURVEYOR AND MAPPER .EL. Oi~iDA :':AFE NO. 56i3 _~ LIDBERG ,L/:~N'D "~,/ SURVb.-YIN~ INC. L~:~45~ .. 675 Wes-l-I. ndian-~own Road, 5UI.TE 200, dUpi+~em, F/om/da 33458 TEL ' 567-746-8454 AUG 5 1998 SKETCH FOR: OLEN RESIDENTIAL. REALTY CORP-ORATIO. N FLD. JOB FB. PG. 98-040(J0, OFF, . DA TE D L.,, ,.. 07/29/98 A98-040 Ct',O, REF. SHEET OF D...:L A98-O40A(m$) I i ORB 10996 Pg 455 MEAN HIGH WATER LINE CC L.N(E WORTH PER DEED 60 ~0 0 60 GRAPHIC SCALE IN FEET SCALE: 1" = 60' S13° 18,59',W 10.28' LOT 3 LOT 4. SOO° O0'iS"E co ~ ----- 20.00'---~ ~ > ' ' "E ~I~ LOT 5 N89° 59 45 m - 30.00, -CI; N00~ 00'15"W 20.00' LOT 6 SOUTH 10' SA~ CROWN aR.S' SUSD~V,S,O~ LOT 7 : ., ~o o ~ LOT 8 o LOT 9 LOT ~0 N07° --- P.O.B. - ABBREVIATIONS: 10.09' P.O.B.- POINT OF BEGINNING ~ ~ NORTHWEST CORNER P.'O.C,., POINT OF COMMENCEMENT O.R,B. - OFFICIAL RECORD BOOK ~ ~PLAT BOOK 21. PAGE 18 ' LIDBER~ 'lAND i~o.. ~OS iS. LB4.431 . OFF." DA TE 6 75 Wes ~.. [ nd i on ~o~ Road, L.J.C~ 07/29/98 SUITE 200, Jupife~, Florida 53458 CKD. REF. TEL. 56'1~746-8454 D.C~. PG. DWG. A98-040C SHEET OF 2 2