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R04-030RESOLUTION NO. R 04- O.~tT) A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING ANY INTEREST THE CITY HAS IN A CERTAIN 10 FOOT (750 SQUARE FOOT), WIDE SIDEWALK EASEMENT DEDICATED TO PALM BEACH COUNTY, FLORIDA IN OFFICIAL RECORD BOOK 6462, PAGE 862; BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO PALM BEACH COUNTY UPON ADOPTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 3, 2004, the City Commission approved the redevelopment of the former Chevron site at the Northeast comer of Boynton Beach Boulevard and Congress Avenue (Boynton Place NWSP 03-025); and WHEREAS, the former Chevron site contains a 10 foot (750 square foot) sidewalk easement under the jurisdiction of Palm Beach County, which parallels a portion of the existing sidewalk along Boynton Beach Boulevard; and. WHEREAS, City staff has determined that this easement which lies within the corporate limits of the municipality, serves no purpose to the City; and WHEREAS, the applicant, Paradise Development Group, has requested an abandonment of the easement from Palm Beach County to allow sufficient space for the minimum required landscape buffer; and WHEREAS, a requirement of abandonment from Palm Beach County is the adoption of a resolution from the municipality abandoning any interest it may have in the aforestated easement; and WHEREAS, staff has reviewed this request and recommends to the City Commission that the City of Boynton Beach abandon any interest it may have in the 750 square foot easement more fully described in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and :ereby ratified and confirmed by the City Commission O~Abandonments\750 foot County easement-Chevron site.doc Section 2. The City Commission of the City of Boynton Beach, Florida by and through its City Commission does hereby abandon any interest it has in a 10 foot wide (750 square foot) sidewalk easement as described in Exhibit "A" attached hereto. Section 3~. The City Clerk is hereby directed to forward a copy of this Resolution to Palm Beach County, Florida upon adoption. S._ection 4. This resolution shall take effect immediately upon passage. PASSED AND ADOPTED this __~ day of March, 2004. ATTEST: City Clerk -- Dce/o .~,~ CITY OF BOYNTON BEACH, FLORIDA ~ ....... ~-~ommissioner 3~,bandonments\750 foot County easement-Chevron site.doc OR8 ~462 Ps. ~,. ~,~ PARCEL 10SA AlSo being a portion o~''"~ certain parcel of land describe in Official Record Book 19~' 700 of :he public rec d said ~a~m Beech County and ~or~.l..~ ........ ords of - _. Commence at the Nort~,..~J~w_~.?;':;~ ~venue~ theses G '"~ Aasc~C-of-wa .... th ........ O~th 46'06'43. ER~.:~.~- - y lSne of 9.90 feet to the POINT-OF-B~GI~N~NGI the~ North 02'04 a d/stance of L0,00 feet; th~oe No=th ~"~5'05- gas~ of 75.00 fee~l thence south 02 04~55, ' ~ centerltne of B · ~.u~ n~h ' ~ 7 · feet oynton Beach Bo ~, ~n~ Parallel to along Said Pa~allel m.4 ..... 9levardt the~'~Uth B~GINN~NG. - *~,,u ~ azncanae of 75 ~0""~ l'-':~~ u~.. west Curtaining 750 e~are feet~ more.or Sheet 1 o~ 2 The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org l lilllllllllllllllllllll[lllllllllllglllll CFN 20040254303 OR BK 16913 PG 0888 RECORDED 05/06/2004 10: 23:42 Palm Beach County, Florida Dorothy H Wilken, Clerk of Court CERTIFICATION I, Bonnie Glinski, Deputy City Clerk of the City of Boynton Beach, Florida, do hereby certify that the attached Resolution #R04-030, consisting of two (2) pages and Exhibit "A" consisting of one (1) page 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, this 27th day of April, 2004. BONNIE GLINSKI, DEPUTY CITY CLERK (SEAL) s:lcclwPlcertificationslcertification - BG - sailfish.doc America 'a Gateway to the Gulfstream RESOLUTION NO. R 04- O~t9 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING ANY INTEREST THE CITY HAS IN A CERTAIN 10 FOOT (750 SQUARE FOOT), WIDE SIDEWALK EASEMENT DEDICATED TO PALM BEACH COUNTY, FLORIDA IN OFFICIAL RECORD BOOK 6462, PAGE 862; BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO PALM BEACH COUNTY UPON ADOPTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on Februa~ 3, 2004, the City Commission approved the redevelopment of the former Chevron site at the Northeast comer of Boynton Beach Boulevard and Congress Avenue (Boynton Place NWSP 03-025); and WHEREAS, the former Chevron site contains a l0 foot (750 square foot) sidewalk easement under the jurisdiction of Palm Beach County, which parallels a portion of the existing sidewalk along Boynton Beach Boulevard; and. WHEREAS, City staff has determined that this easement which lies within the corporate limits of the municipality, serves no purpose to the City; and WHEREAS, the applicant, Paradise Development Group, has requested an abandonment of the easement from Palm Beach County to allow sufficient space for the minimum required landscape buffer; and WHEREAS, a requirement of abandonment from Palm Beach County is the adoption of a resolution from the municipality abandoning any interest it may have in the aforestated easement; and WHEREAS, staff has reviewed this request and recommends to the City Commission that the City of Boynton Beach abandon any-interest it may have in the 750 square foot easement more fully described in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and ereby ratified and confirmed by the City Commission ~:\CA\RESO~Abandonments\750 foot County easement-Chevron site.doc Section 2. The City Commission of the City of Boynton Beach, Florida by and through its City Commission does hereby abandon any interest it has in a 10 foot wide (750 square foot) sidewalk easement as described in Exhibit "A" attached hereto. Section 3. The City Clerk is hereby directed to forward a copy of this Resolution to Palm Beach County, Florida upon adoption. Section 4. This resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ] ~ day of March, 2004. ATTEST: CITY OF BOYNTON BEACH, FLORIDA ;:\CA\RESO~Abandonments\750 foot County easement-Chevron site.doc O~ m /' <,~.,; PARCEL 10SA 43 East. Palm Beach County~rtda: . { { ":~ ) . Aisc being a portion o~'~ certain parcel of land de,cried ~n Official Record Book 191~/~ 700 of ~ha public .rouord~ of said Palm ~each County and ~o~~Ularly described a~ lollow~- Commence ~t the No~hwest ~~f said Sectlo~ 2~1 .thence South 00'57~00" Bast, along tba-x":' ~--~.~l~e of said Bec=io~ 2~ a 60..00 feet to a pot~t on t~e Easterner,-of-way lt~e of con~re~ Avenue~ thence Sou~h 46'06~43" E~-~:,~tanoa of 42.55 ~ee~; thence North 87'55'05" Eas~ along a ~ll~rallel and 62.75 feet ~or~ of the oenterline of ~uynto~ ~-Boulevard, a distance of 9.90 fee~ ~o the ~INT-OP-BEGINN.I~G~ th~ North 02'04~55" Wes~ a distance of $0.00 feet; the~oe North ~'~5'05" East a distance o[ 75.00 ~aetl thence ~outh D2 04'55" Ras~{-~etance o~ 10.00 f~t to a point on a line 62.75 feet north ~ )~nd parallel to ~he ' along said ps,alia1 1-ine a diatanc~ of 75.~%/~ to the POINT-OF- Containing 750 s~are feet~ ~O~a'or ~e~-~ I]h~et I o~ 2