R24-079 1 RESOLUTION NO. R24-079
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, DECLARING AN APPROXIMATELY.012-ACRE PORTION
5 OF THE PROPERTY LOCATED AT 3501 S. CONGRESS AVENUE, BOYNTON
6 BEACH, TO BE SURPLUS, SELECTING THE METHOD OF DISPOSITION TO
7 BE TRANSFERRED TO PALM BEACH COUNTY, AND AUTHORIZING THE
8 MAYOR TO SIGN A WARRANTY DEED BETWEEN THE CITY OF BOYNTON
9 BEACH ("GRANTOR") AND PALM BEACH COUNTY ("GRANTEE")
10 CONVEYING TITLE TO THE RIGHT-OF-WAY CORNER CUP FOR THE
11 INTERSECTION IMPROVEMENTS AT CONGRESS AVENUE AND MINER
12 ROAD; AND PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER
13 PURPOSES.
14
15 WHEREAS, Palm Beach County ("County") is doing an intersection improvement at
16 Congress Avenue and Miner Road, Project No. 2019112.The County requested the City convey
17 title to a .012-acre piece of a right-of-way corner clip adjacent to City Fire Station No. 3, located
18 at 3501 S. Congress Avenue; and
19
20 WHEREAS, Chapter 2, Article IV, Section 2-56 (c) of the City of Boynton Beach Code of
21 Ordinances authorizes the City Commission to dispose of real property that is determined to
22 be in the best interest of the City; and
23
24 WHEREAS, before any improved or unimproved property owned by the City can be
25 sold, the City Commission must first declare the property to be surplus; and
26
27 WHEREAS, the City Commission, upon recommendation of staff, declares an
28 approximately.012-acre portion of the property located at located at 3501 S.Congress Avenue,
29 as further described in "Exhibit A," to be surplus; and
30
31 WHEREAS,the Commission, upon recommendation of staff, has deemed it to be in the
32 best interests of the citizens and residents of the City to declare the property surplus and
33 approve and authorize the Mayor to sign a Warranty Deed between the City of Boynton Beach
34 ("Grantor") and County ("Grantee") for the right-of-way corner clip for the intersection
35 improvements at Congress Avenue and Miner Road within the City of Boynton Beach.
36
37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
38 BOYNTON BEACH, FLORIDA, THAT:
39
40 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
41 being true and correct and are hereby made a specific part of this Resolution upon adoption.
42
43 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
44 declare an approximately .012-acre portion of the City owned property located at 3501 S.
45 Congress Avenue, further described in "Exhibit A" as surplus, select the method of disposition
46 to be conveyance to the County, and approve the Warranty Deed between the City of Boynton
47 Beach ("Grantor") and Palm Beach County ("Grantee") for the right-of-way corner clip for the
48 intersection improvements at Congress Avenue and Miner Road within the City of Boynton
49 Beach.
50
51 SECTION 3. The City Commission hereby authorizes the Mayor to execute the
52 Warranty Deed, in form and substance similar to "Exhibit A," and any other documents
53 necessary to effectuate the transaction, subject to approval by the City Attorney's Office.
54
55 SECTION 4. Upon execution of the Warranty Deed by the City, the City Clerk shall
56 record the Deed in the Public Records of Palm Beach County.
57
58 SECTION 5. This Resolution shall take effect in accordance with law.
59
60 PASSED AND ADOPTED this 16th day of April 2024.
61 CITY OF BOYNTON BEACH, FLORIDA
62 YES NO
63
64 Mayor—Ty Penserga ✓
65
66 Vice Mayor—Aimee Kelley
67
68 Commissioner—Angela Cruz
69
70 Commissioner—Woodrow L. Hay
71
72 Commissioner—Thomas Turkinenk'
73
74 VOTE LA—Q
75 A TE T:
76
se
78 Mayle: esus, PA, MMC Ty Pe --
79 City CI- Mayor
80 =� V NTON�,
81 csc.ovoRAte.•.t9 �� APPROVED AS TO FORM:
83 (Corporate Seal) � � L .2. •
SEA •
84 ,1NCORPORATED�
1920 lLK//�Vi�
WA#1.6
85 I, •••.••�•�•�•.. Shawna G. Lamb
86 `��` FLOR��P City Attorney
Return via Palm Beach County interoffice mail to:
Wildad Salomon, Right-of-Way Specialist
Palm Beach County,Engineering&Public Works Department
Roadway Production Division
2300 North Jog Road,3`d Floor West
West Palm Beach,Florida 33411-2750
This Instrument Prepared by:
Yelizaveta B. Herman,Assistant County Attorney
Palm Beach County Attorney's Office
Post Office Box 21229
West Palm Beach,Florida 33416-1229
Property Control Number: Portion of 08-43-45-18-00-000-1010
Purchase Price: $0
Closing Date:
NOT TO BE RECORDED WITHOUT BOARD OF COUNTY COMMISSIONERS ACCEPTANCE DATE
SPACE ABOVE THIS LINE FOR PROCESSING DATA
PROJECT NO.: 2019112
ROAD NAME: Miner Road and Congress Avenue
PARCEL NO.: 101
WARRANTY DEED
THIS DEED is made this jet day of prtd , 20A/ , by CITY OF BOYNTON
BEACH FLORIDA, a Florida municipal corporation,whose post office address is PO Box 310,Boynton Beach,
Florida 33425-0310, ("Grantor"), to PALM BEACH COUNTY, a political subdivision of the State of Florida,
by and through its Board of County Commissioners, whose post office address is Post Office Box 21229, West
Palm Beach, Florida 33416-1229, ("Grantee").
WITNESSETH: That Grantor, for and in consideration of the sum of TEN ($10.00) dollars and other valuable
considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases,
conveys and confirms unto Grantee, all that certain land situate in Palm Beach County, Florida: Property more
particularly described in Exhibit "A" attached hereto and made a part hereof.
TOGETHER with all the tenements, hereditaments, and appurtenances thereto belonging or in anywise
appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND Grantor hereby covenants with said Grantee that said Grantor is lawfully seized of said land in fee simple;
that Grantor has good right and lawful authority to sell and convey said land; that Grantor hereby fully warrants
the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said
land is free of all encumbrances, including but not limited to mortgages, all liens, and special assessments, except
taxes subsequent to the closing date.
Page 1 of 2
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the date first above written.
Signed, sealed and delivered in the presence of:
Grantor:
(Signature of two witnesses
required by Florida law) CITY OF BOYNTON BEACH,
a Florida municipal corporation
Witness Si:,ature (Re• ire i) By:
Tammy L. Stanzione MAYO ENSERGA
Witness Nam Prior T ed CIT Agro•NEY'S OFFICE
/� E. Ot o ,!`1�t ted,kion I�1. 33`'13 A roved fo• and legality
By:
Wi ss Signature (Required) (CORPORAL . +WR. ein
orrney
-1e:6() C lave I
Witnes Nam Printed orTyped
f�3�13�
Q • ;may ,
STATE OF
COUNTY OF `�cx___\trr< oa,_(_�
Before me personally appeared Ty Penserga,who is (choose one)EI personally known to me,or❑ has produced
as identification, and who executed the foregoing instrument as
Mayor of the City of Boynton Bee h, a Florida municipal corporation, and severally acknowledged to and before
me by means of(choose one)Q' physical presence or❑ online notarization, that they executed such instrument
as such officer of said corporation, and that said instrument is the free act and deed of said corporation.
Witness my hand and official seal this /lymday of LP , 20at1 .
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N:\R_O_W\Wildad\2019112 MINER ROAD&CONGRESS AVENUE\WD 4-Corp.docx
Page 2 of 2
EXHIBIT "A" `
MINER ROAD AND
CONGRESS AVENUE
CORNER CLIP
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SECTION 18 TOWNSHIP 45 SOUTH, RANGE 43 EAST
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE
43 EAST, ALSO BEING A PORTION OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4171, PAGE
215, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER IF SAID SECTION 18, THENCE SOUTH 00°34'39" WEST ALONG
THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF 158.15 FEET;
THENCE SOUTH 88°05'57" WEST DEPARTING SAID SECTION LINE, A DISTANCE OF 60.06 FEET TO THE
WEST RIGHT-OF-WAY LINE OF CONGRESS AVENUE AS ESTABLISHED IN THAT ORDER OF TAKING
RECORDED IN OFFICIAL RECORDS BOOK 3393, PAGE 87, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA; SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID PARCEL AND THE POINT
OF BEGINNING; THENCE SOUTH 00°34'39" WEST ALONG THE WEST RIGHT-OF-WAY LINE OF CONGRESS
AVENUE AND THE EAST LINE OF SAID PARCEL, A DISTANCE OF 32.00 FEET; THENCE NORTH 45°39'42"
WEST, A DISTANCE OF 44.27 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL AND THE SOUTH
RIGHT-OF-WAY LINE OF MINER ROAD AS ESTABLISHED IN THE CERTAIN RIGHT-OF-WAY DEED
RECORDED IN OFFICIAL RECORDS BOOK 4723, PAGE 1641 OF SAID PALM BEACH COUNTY PUBLIC
RECORDS; THENCE NORTH 88°05'57" EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 32.00 FEET
TO THE POINT OF BEGINNING.
CONTAINING 512 SQUARE FEET OR 0.012 ACRES, MORE OR LESS.
A .' ` PROJECT: ,�.s. a-or,NO. REVISION BY DATE
N7. W MINER ROAD AND om�223m avA�"c� PALM BEACH COUNTY
rn
N CONGRESS AVENUE N 0 H9 ° ? ENGINEERING AND PUBLIC WORKS
00
CORNER CLIP o SURVEY DIVISION
W \_ 2300 NORTH JOG ROAD
N DESIGN FILE NAME DRAW'NC NO. FIELD BOOK NO. rORI\� EST PALM BEACH,FLORIDA33411
\S-1-23-4253.dgn S-1-23-4253 `
LEGEND
PBC = PALM BEACH COUNTY
D.B.= DEED BOOK
ORB = OFFICIAL RECORD BOOK
A= CENTRAL ANGLE
R = RADIUS DISTANCE
L = ARC DISTANCE
R/W = RIGHT-OF-WAY
TWP = TOWNSHIP
RGE = RANGE
D = DESCRIPTION
PCN = PROPERTY CONTROL NUMBER
SURVEYOR'S REPORT
BEARINGS ARE BASED ON A GRID (NAD 83, 1990 ADJUSTMENT) BEARING OF SOUTH 00°34'39"WEST
ALONG THE EAST LINE OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST AND ALL OTHER
BERINGS ARE RELATIVE THERETO.
THIS INSTRUMENT PREPARED BY SCOTT T ADAMS SR. AND CRAIG S. PUSEY, P.S.M. IN THE OFFICE
OF THE COUNTY ENGINEER, 2300 NORTH JOG ROAD, WEST PALM BEACH, FLORIDA 33411-2745.
THE PALM BEACHCOUNTY ROADWAY PRODUCTION DIVISION (ABSTRACT TITLE SECTION) PROVIDED
ATITLE SEARCH ON MARCH 07, 2023 OF THE CURRENT PROPERTY OWNERS DEEDS, RIGHT-OF-WAY
DOCUMENTION (DEEDS, EASEMENTS, ETC.) RECORDED AND UNRECORDED PLATS WHERE
APPLICABLE AND CURRENT TAX MAP AND ITS THE OPINION OF THE SIGNING SURVEYOR THAT ALL
APPLICABLE ENCUMBRANCES AFFECTING THE PARCEL FROM SAID SEARCH ARE SHOWN HEREON.
NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THE SIGNING SURVEYOR. SINCE THE
ABOVE TITLE SEARCH WAS NOTA COMPREHENSIVE SEARCH REPORT IT IS POSSIBLE THAT THERE
ARE DEEDS OF RECORD, UNRECORDED DEEDS, EASEMENTS OR OTHER INSTRUMENTS WHICH
COULD AFFECT THE PROPERTY, WHICH ARE UNKNOWN TO THE SIGNING SURVEYOR.
COORDINATES SHOWN ARE GRID
DATUM = NAD 83, 1990 ADJUSTMENT
ZONE = FLORIDA EAST
LINEAR UNITS = US SURVEY FOOT
COORDINATE SYSTEM 1983 STATE PLANE TRANSVERSE MERCATOR PROJECTION
ALL DISTANCES ARE GROUND.
PROJECT SCALE FACTOR = 1.000042507
GROUND DISTANCE X SCALE FACTOR = GRID DISTANCE
ALL FEATURE SYMBOLS SHOWN ARE NOT TO SCALE.
THIS IS NOTA SURVEY
NOT VALID WITHOUT THE DIGITAL SIGNATURE AND/OR ORIGINAL SIGNATURE AND RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
I HEREBY CERTIFY THAT THE LEGAL DESCRIPTION AND SKETCH SHOWN HEREON WAS MADE UNDER
MY RESPONSIBLE DIRECTION AND SUPERVISION AND THAT SAID SURVEY MEETS THE FLORIDA
STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS
AND MAPPERS IN RULE 5J-17.050-.052, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER
472.027, FLORIDA STATUTES.
Digitally signed by Craig S Pusey
DN:C=US,O=PALM BEACH COUNTY,dnQualifier=A01410D000001855E84878800110D68,CN=Craig S Pusey
Craig S Pusey Reason I am he BuMor 7 this dowment
Location:
Date:2023.04.03 06:07:57-04'00'
Foxlt PDF Editor Version:12.1.0
CRAIG S. PUSEY P.S.M. DATE
FLORIDA CERTIFICATE NO. 5019
PROJECT 2019112 DRHWONG S-1-23-4253 PROJECT MINER RD & CONGRESS AVE CORNER CLIP MEET: 2 0`' 3
N0.
POC
N.E. CORNER OF
SECTION 18,
TWP.45 SOUTH, RGE.43 EAST
LWDD CANAL L-20 PALM BEACH Co. POSITION
b 0 40' RIGHT-OF-WAY N: 809365.725
o ORB 3919, PG. 1984 E: 953476.331
NORTH LINE SEC. 18, TWP. 45, RNG. 43 78
S88°05'57"W I I 1871,A-17
I I
I I /
LWDD CANAL L-20
b 50' RIGHT-OF-WAY I I /
,0 ORB 4405, PG. 144 I I ham/
I I ,-/
I
20' UTILITY EASEMENN I I / lE I
ORB 3676, PG. 306 I I / rn z
I I / up 0 ii,�
I I :/ CN _
MINER ROAD I I Ni/ Z�n O1_ ii
o 108.0' RIGHT-OF-WAY
O ORB 4723, PG. 1641 I I N QOZ w
°° I I co/
<90_col-o J . Q
o I I / WAN �w v
N: 8 92205.591 I I/ �2m w�
E: 953414.710 I Y Zoa O
OoO v
N88°05'57"E 32.00' I / I
RIGHT-OF-WAY I/ I S88°05'57"W Z
PARCEL 101 60.06' ��
i'�� Q S00°34'39"W
S�,9, • 1 32.00'
En
N: 809173.592 I ch
E: 953414.387co
I o
I 50.00' c)
t
CITY OF BOYNTON BEACH I
POLICE - FIRE STATION I
PCN: 08-43-45-18-00-000-1010 I
ORB 4171, PG. 215 I
I
I E. 1/4 CORNER OF
SECTION 18,
1 TWP.45 SOUTH, RGE.43 EAST
10.0' RIGHT-OF-WAY
I PALM BEACH Co. POSITION
N: 806729.435
ORB 3393, PG. 87 Il �— E: 953449.754
I
I 18
Ji17
THIS IS NOTA SURVEY
PROJECT 2019112 DRAWING
S-1-23-4253 PROJECT MINER RD & CONGRESS AVE CORNER CLIP KHEET 3 OF 3
N0.