14-028 Return to: (enclose self- addressed stamped envelope) 1l11111II1I! Ill 111111111111111 1111111111 1!!1111111lt
Name:
Address: C:FN 201 40 432967
OR BK 27175 PG Q1919
RECORDED 11/20/2014 17 ;01 :55
Palm Beach County, Florida
Sharon R. Bock,CLERK & CO1]PTROLLER
Pgs 0919 - 923; (5pgs)
1 CORRECTIVE
2 ORDINANCE NO. 14 -028
3
4 (Corrects City of Boynton Beach Ordinance No. 14 -028, Recorded at ORB 27113,
5 Page 1530 of the Public Records of Palm Beach County, Florida)
6
7 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
8 FLORIDA, AUTHORIZING ABANDONMENT OF A 12 -FOOT
9 WIDE UTILITY EASEMENT ALONG MILITARY TRAIL AS
10 PART OF THE CONSTRUCTION OF A WALMART STORE
11 AT MILITARY TRAIL AND COCONUT LANE; ACCEPT
12 DEDICATION OF ADDITIONAL RIGHT OF WAY TO PALM
13 BEACH COUNTY WHICH WILL INCLUDE THE AREA
14 VACATED BY THE EASEMENT, SUBJECT TO STAFF
15 COMMENTS; AUTHORIZING THE CITY MANAGER TO
16 EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED
17 WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF
18 PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN
19 EFFECTIVE DATE.
20
21 WHEREAS, Flavor Pict Properties, LLC., is requesting the abandonment of a 12
22 foot utility easement recorded on May 2, 1991, in ORB 6809, Page 941 of the Public
23 Records of Palm Beach County, along Military Trail as part of the construction of a
24 Walmart store located at the northeast corner of Military Trail and Coconut Lane which
25 requires the dedication of additional right of way to Palm Beach County for a right turn
26 lane; and
27
28 WHEREAS, the City of Boynton Beach currently has a 12 foot utility easement
29 and an existing water main and force main in the area of the new turn lane;
30
31 WHEREAS, the owner of the property has agreed to grant a new City of Boynton
32 Beach utility easement on the site and the existing utility easement will be abandoned
33 prior to the dedication of the additional right of way; and
34
35 WHEREAS, comments have been solicited from the appropriate City
36 Departments, and public hearings have been held before the City's Planning and
37 Development Board, and the City Commission on the proposed abandonment; and
38
39 WHEREAS, staff finds that the 12 foot -wide utility easement no longer serves a
40 public purpose, and the City Commission adopts that finding.
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
43 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
44
45 Section 1. The foregoing Whereas clauses are true and correct and
1
1 Section 2. The City Commission of the City of Boynton Beach, Florida, does
2 i1 hereby abandon an existing 12 foot utility easement recorded on May 2, 1991, in ORB
3 1' 6809, Page 941 of the Public Records of Palm Beach County along Military Trail as part
4 I of the construction of a Walmart store located at the northeast corner of Military Trail and
5 11 Coconut Lane which requires the dedication of additional right of way to Palm Beach
6 ! I County for a right turn lane, subject to staff comments. The property being abandoned is
7 1 more particularly described as follows:
8 r"
9 ! A 12 FOOT UTILITY EASEMENT LYING WITHIN A PARCEL OF LAND
10 I SITUATED IN SECTION 1, TOWNSHIP 46 SOUTH, RANGE 42 EAST,
11 1 PALM BEACH COUNTY, FLORIDA; BEING MORE PARTICULARLY
12 i DESCRIBED AS FOLLOWS:
13 g'
14 1' THE WEST 12 FEET OF THE FOLLOWING DESCRIBED PARCEL:
15 1
16 THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
17 1 THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 46 SOUTH,
18 1 RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS THE
19 ' RIGHT OF WAYS FOR COCONUT ROAD AND MILITARY TRAIL (S.R.
20 1 809), AS LAID OUT AND IN USE.
21
22 1, Section 3. The City Manager is hereby authorized and directed to execute the
;
23 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public
24 ' Records of Palm Beach County, Florida.
25 ,
26 Section 4. This Ordinance shall take effect immediately upon passage.
27
28 FIRST READING this 7 day of OCT. , 2014.
29
30
{00043873 1 306 - 9001821 ) S \CA\ Ordinances \Abandonments \Ordinance - Military Trail (12 ft Util Esmt)(corrected) doc
1 SECOND, FINAL READING AND PASSAGE THIS 41 day of OCT ,
2 2014.
3 CITY OF BOYNTON BEACH, FLORIDA
4
5 `DOTE
'
6 /f!.... L ri
7 i&or_Je 'aylo f YES 7
9 �
10 11 Vic- ayor — Joe Casello YES
12
13
14
15 Commissioner - David T. Me YES
16
17 /
18
19 C :-• ssioner Mack McCra # YES
20
21
22
23 Commissio er - Mi .el M. • .at ' k YES
24 5 - 0
25 ATTEST:
26
27
28
29 4
30 • et M. Prainito, MMC
31 ' ity Clerk
32
33 G`
34
35
36 o to Seal) 'l'
:TD N
{00043873 1 306- 9001821 } S \CA \ Ordinances \Abandonments \Ordinance - Military Trail (12 ft Util Esmt)(corrected) doc
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City
of Boynton Beach, Florida, does hereby abandon an existing 12 foot utility easement
recorded on May 2, 1991, in ORB 6809, Page 941of the Public Records of Palm Beach
County along Military Trail as part of the construction of a Walmart store located at the
northeast corner of Military Trail and Coconut Lane which requires the dedication of
additional right of way to Palm Beach County for a right turn lane, subject to staff comments.
The property being abandoned is more particularly described as follows:
A 12 FOOT UTILITY EASEMENT LYING WITHIN A PARCEL OF LAND
SITUATED IN SECTION 1, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
THE WEST 12 FEET OF THE FOLLOWING DESCRIBED PARCEL:
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 46 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, LESS THE RIGHT OF WAYS
FOR COCONUT ROAD AND MILITARY TRAIL (S.R. 809), AS LAID OUT
AND IN USE.
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 /O
day of .O-LJ. , 2014.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
�� R�� • Vim-
J. et M. Prainito, MMC Lori LaVerriere, City Manager
ity Clerk
STATE OF FLORIDA ) J
)ss: .7-
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and
Janet M. 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
i
{000438311 306- 9001821 } S \CA \OrdmanceslAbandonments \Ordinance - Military Trail (12 ft Util Esmt)(corrected) doc
t, I
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 14 day of
I.1NYI? h,'i� , 2014.
' A . L. - ii.. 10
NOTARY PUBLIC, S to of Florida
My Commission Expires: JIM e,
,PR
Po CATHcpir CHERRY•GUBERMAN
MY i E 20763 0
* EX E S June S)ON 1 2,
•
° Bonded Thru Budget Notary Services
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{0004387 306- 9001821 } S \CA \Ordinances\Abandonments \Ordinance - Military Trail (12 ft Utd Esmt)(corrected) doc