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15-017City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6060 e -mail cityclerk@cfl.us www.boynton-beach.org ( k JR. BK 283616 PG C1652 REECORDED 10/05/2016 08- Ppl Beach Cotjntv� Florida UJ 2A L 0A P FSS 002 (6psliil; I, JUDITH A. PYLE,, INTERIM CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached Ordinance No. 15-017 consisting of five (5) pages, is a true and correct copy as it appears 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 27 th day of September, 2016. JUOTH A. PYLE, CMC INTERIM CITY CLERK (SEAL) S:\CC\WP\certifications\Ordinances\2015\Certified Ordinance 15-007.docx America's Gateway to the Gulfstream 1 ORDINANCE NO. 15 -017 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING ABANDONMENT OF A TEN (10) 5 FOOT WIDE UTILITY EASEMENT IN CONJUNCTION 6 WITH THE ISTORAGE WAREHOUSE ADDITION 7 PROJECT, MORE PARTICULARLY DESCRIBED HEREIN, 8 , SUBJECT TO STAFF COMMENTS; AUTHORIZING THE 9 CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH 10 SHALL BE RECORDED WITH THIS ORDINANCE IN THE 11 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; 12 AND PROVIDING AN EFFECTIVE DATE. 13 14, 151 WHEREAS, Bradley Miller of Miller Land Planning, Inc., agent for Christophe 16 ! Miller of Storage Quest Boynton Beach, LLLP, is requesting the City abandon a ten (10 17 foot wide utility easement in conjunction with the iStorage Warehouse Addition projec 18 located at 2951 SW 14 Place, subject to staff comments; and 19 20 WHEREAS, comments have been solicited from the appropriate Ci 21 Departments, and public hearings have been previously held before the City's Planning : 22 Development Board, and the City Commission on the proposed abandonments; and 23 24 WHEREAS, staff finds that the ten (10) foot wide utility easement no longe 25 serves a public purpose, and the City Commission adopts that finding. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSIO 28 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 29 30 II Section 1. The foregoing Whereas clauses are true and correct and 31 incorporated herein by this reference. 32 I 331 Section 2. The City Commission of the City of Boynton Beach, Florida, does 34 hereby abandon a ten (10) foot wide utility easement in conjunction with the iStorage 351 Warehouse Addition project located at 2951 SW 14 Place, subject to staff comments. 36 The property being abandoned is more particularly described as follows: 37 381 A PARCEL OF LAND LYING IN THE WEST ONE HALF (W1/2) OF THE NORTHWEST 39 QUARTER (NW1 /4) OF SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM 40 BEACH COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY 41 f DESCRIBED AS FOLLOWS: 42 43 COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 5, THENCE NORTH 44 1 87 °29'35" EAST ALONG THE NORTH LINE OF SAID SECTION 5, A DISTANCE OF 353.34 45 ` FEET; THENCE DUE SOUTH ALONG A LINE 353.00 FEET EAST OF AND PARALLEL TO 46 ? THE WEST LINE OF SAID SECTION 5, A DISTANCE OF 476.37 FEET; THENCE NORTH 47 87 °29'35" EAST ALONG A LINE 475.91 FEET SOUTH OF AND PARALLEL TO THE SAID S \CC \WP \ORDINANCES\2015 \15 -017 - !Storage Abandonment doc 1 NORTH LINE OF SECTION 5, A DISTANCE OF 315.50 FEET TO THE POINT OF 2 ' BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; 3 4 THENCE ALONG THE FOLLOWING COURSES AND DISTANCES; 5 6 NORTH 02 °30'25" WEST, 39.20 FEET; NORTH 25 °00'25" WEST, 29.60 FEET; NORTH 7 02 °30'25" WEST, 325.50 FEET; NORTH 87 °29'35" EAST, 8.00 FEET; SOUTH 02 °30'25" 8 EAST, 323.90 FEET; SOUTH 25 °00'25" EAST, 29.60 FEET; 9 SOUTH 02 °30'25" EAST, 32.80 FEET; NORTH 87 °29'35" EAST, 440.97 FEET; SOUTH 10 i 02 °30'25" EAST, 8.00 FEET; SOUTH 87 °29'35" WEST, A DISTANCE OF 448.97 FEET TO 11 THE POINT OF BEGINNING. 12 13 And 14 15 A PARCEL OF LAND LYING IN THE WEST ONE HALF (W 1/2) OF THE NORTHWEST 16 QUARTER (NW 1/4) OF SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM 17 ' BEACH COUNTY, FLORIDA; SAID PARCEL OF LAND BEING MORE PARTICULARLY 18 DESCRIBED AS FOLLOWS: 19 20 COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 5, THENCE NORTH 21 1 87 °29'35" EAST ALONG THE NORTH LINE OF SAID SECTION 5, A DISTANCE OF 353.34 22 FEET; THENCE DUE SOUTH ALONG A LINE 353.00 FEET EAST OF AND PARALLEL TO 23 ; THE WEST LINE OF SAID SECTION 5, A DISTANCE OF 40.04 FEET; THENCE NORTH 24 ' 87 °29'35" EAST ALONG A LINE 40.00 FEET SOUTH OF AND PARALLEL TO THE SAID 25 : NORTH LINE OF SECTION 5, A DISTANCE OF 290.18 FEET TO A POINT; THENCE 26 ' SOUTH 00 °44'05" EAST, 71.92 FEET; THENCE NORTH 88 °52'35" EAST, 219.00 FEET TO 27 1 THE POINT OF BEGINNING OF THE CENTERLINE OF A 10.00 FOOT WIDE UTILITY 28 EASEMENT; THENCE NORTH 87 °28'35" EAST, A DISTANCE OF 225.88 FEET; THENCE 291 SOUTH 02 °30'25" EAST, A DISTANCE OF 358.70 FEET TO A POINT ON THE NORTH LINE 301 OF LAWSON INDUSTRIAL PARK PLAT NO 1, AS RECORDED IN PLAT BOOK 42, PAGE 31 1 134 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA (SAID POINT 32 j LYING 10.00 FEET WEST OF THE NORTHWEST CORNER OF LOT 3, LAWSON 33 1 INDUSTRIAL PARK PLAT NO 1.) 34 35 ALSO: 36 37 FROM THE POINT OF BEGINNING; THENCE WITH A BEARING OF NORTH 87 °28'35" 381 EAST, ALONG THE CENTERLINE OF THE EASEMENT A DISTANCE OF 225.88 FEET; 39 THENCE SOUTH 02 °30'25" EAST, A DISTANCE OF 170.00 FEET TO THE POINT OF 40 BEGINNING OF A 10.00 FOOT WIDE EASEMENT FOR FIRE HYDRANT; THENCE WITH 41 I A BEARING OF SOUTH 87 °29'35" WEST, A DISTANCE OF 10.00 FEET MORE OR LESS TO 42 THE END OF THE DESCRIBED EASEMENT. 43 44 451 Section 3. The City Manager is hereby authorized and directed to execute the 46 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 47 Records of Palm Beach County, Florida. 48 49 Section 4. This Ordinance shall take effect immediately upon passage. 50 51 S: \CC \WP \ORDINANCES\2015 \15 -017 - !Storage Abandonment doc 1 FIRST READING this 21 day of July, 2015. 2 3 4/ SECOND, FINAL READING AND PASSAGE THIS WA day of 4 ,44 , 2015. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 YES NO 9 10 Mayor - Jerry Taylor / 11 12 Vice Mayor - Joe Casello 13? 14 C ommissioner - David T. Merker 7' 15 16 Commissioner - Mack McCray / 17 18 Commissioner - Michael M. Fitzpatrick / 19 I 20 21 1 VOTE 5 22 23 ' ATTEST: 24 25 26 Z{ ,. / - ref "Tr &% C��i� • et M. Prainito, C y i ty Clerk 9 30 31 . eA1- Y P 32 (Corporate Seal) 33 i* ''''\\,. U, t� 2� ^5f 2. f QQ 1 Y ; S: \CC \WP \ORDINANCES\ 2015 \15 -017 - iStorage Abandonment doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that The City Commission of the City of Boynton Beach, Florida, does hereby abandon a ten (10) foot wide utility easement in conjunction with the iStorage Warehouse Addition project located at 2951 SW 14 Place, subject to staff comments. The property being abandoned is more particularly described as follows: A PARCEL OF LAND LYING IN THE WEST ONE HALF (W1 /2) OF THE NORTHWEST QUARTER (NW1 /4) OF SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 5, THENCE NORTH 87 °29'35" EAST ALONG THE NORTH LINE OF SAID SECTION 5, A DISTANCE OF 353.34 FEET; THENCE DUE SOUTH ALONG A LINE 353.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID SECTION 5, A DISTANCE OF 476.37 FEET; THENCE NORTH 87 °29'35" EAST ALONG A LINE 475.91 FEET SOUTH OF AND PARALLEL TO THE SAID NORTH LINE OF SECTION 5, A DISTANCE OF 315.50 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE ALONG THE FOLLOWING COURSES AND DISTANCES• NORTH 02 °30'25" WEST, 39.20 FEET; NORTH 25 °00'25" WEST, 29.60 FEET; NORTH 02 °30'25" WEST, 325.50 FEET; NORTH 87 °29'35" EAST, 8.00 FEET; SOUTH 02 °30'25" EAST, 323.90 FEET; SOUTH 25 °00'25" EAST, 29.60 FEET; SOUTH 02 °30'25" EAST, 32.80 FEET; NORTH 87 °29'35" EAST, 440.97 FEET; SOUTH 02 °30'25" EAST, 8.00 FEET; SOUTH 87 °29'35" WEST, A DISTANCE OF 448.97 FEET TO THE POINT OF BEGINNING. And A PARCEL OF LAND LYING IN THE WEST ONE HALF (W 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 5, THENCE NORTH 87 °29'35" EAST ALONG THE NORTH LINE OF SAID SECTION 5, A DISTANCE OF 353.34 FEET; THENCE DUE SOUTH ALONG A LINE 353.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID SECTION 5, A DISTANCE OF 40.04 FEET; THENCE NORTH 87 °29'35" EAST ALONG A LINE 40.00 FEET SOUTH OF AND PARALLEL TO THE SAID NORTH LINE OF SECTION 5, A DISTANCE OF 290.18 FEET TO A POINT; THENCE SOUTH 00 °44'05" EAST, 71.92 FEET; THENCE NORTH 88 °52'35" EAST, 219.00 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF A 10.00 FOOT WIDE UTILITY EASEMENT; THENCE NORTH 87 °28'35" EAST, A DISTANCE OF 225.88 FEET; THENCE SOUTH 02 °30'25" EAST, A DISTANCE OF 358.70 FEET TO A POINT ON THE NORTH LINE OF LAWSON INDUSTRIAL PARK PLAT NO 1, AS RECORDED IN PLAT BOOK 42, PAGE 134 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA (SAID POINT LYING 10.00 FEET WEST OF THE NORTHWEST CORNER OF LOT 3, LAWSON INDUSTRIAL PARK PLAT NO 1.) ALSO: FROM THE POINT OF BEGINNING; THENCE WITH A BEARING OF NORTH 87°28'35" EAST, ALONG THE CENTERLINE OF THE EASEMENT A DISTANCE OF 225.88 FEET; THENCE S:\CC\WPIORDINANCES\2015 \15-017 - Storage Abandonment doc SOUTH 02 °30'25" EAST, A DISTANCE OF 170.00 FEET TO THE POINT OF BEGINNING OF A 10.00 FOOT WIDE EASEMENT FOR FIRE HYDRANT; THENCE WITH A BEARING OF SOUTH 87 °29'35" WEST, A DISTANCE OF 10.00 FEET MORE OR LESS TO THE END OF THE DESCRIBED EASEMENT. 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 , 2015. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet M. Prainito, MMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) )ss: 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 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 day of , 2015. NOTARY PUBLIC, State of Florida My Commission Expires: S: \CC \WP\O 2DINANCES\2015 \ 15-017 - !Storage Abandonment doc