06-010
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OR BK 198~~ PG 1738
ilECORDED 01/23/20')6 10:50:15
Palm Beach County, Florida
Sharon R. Bock,CLERK & COnPTROLLE:
Pgs 1738 - 1744; (7pgsl
1 ORDINANCE NO. 06- 010
2
3 AN ORDINANCE OF THE CITY Of' BOYNTON
4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT
5 OF A PORTION OF NORTH CIRCLE DRIVE (AKA
6 NE 17TH AVENUE) AND A PORTION OF SOUTH
7 CIRCLE DRIVE (FKA NE 16TH DRIVE) FROM
8 NORTHEAST 3RD COURT WESTWARD TO THE
9 FOUR SEA SUNS CONDOMINIUM, INC., SUBJECT TO
10 STAFF COMMENTS; AUTHORIZING THE CITY
11 MANAGER TO EXECUTE A DISCLAIMER, WHICH
12 SHALL BE R~CORDED WITH THIS ORDINANCE IN
13 THE PUBLIC RECORDS OF PALM BEACH COUNTY,
14 FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
15
16
17 WHEREAS, Four Sea Suns Condominium, Inc., , pursuant to the Right-Of-Way
18 Improvement and Abandonment Agreement approved by the City Commission on July 19,
19 2005, through Resolution 05-122, is requesting the abandonment of a portion of North Circle
20 Drive (aka NE 17th Avenue) and a portion of South Circle Drive (tka NE 16th Drive) from
21 Northeast 3,d Court westward to the Four Sea Suns Condominium, Inc" complex, subject to sta
22 comments; and
23
24 WHEREAS, comments have been solicited from the appropriate City Departments, and
25 public hearings have been held before the City Commission on the proposed abandonment; and
26
27 WHEREAS, staff has determined that the subject roadway segments would no longer
28 serve a public purpose and would eliminate the need for the City to maintain these two roadway
29 segments once,
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
32 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
33
34 Se(:tion..h The foreg'Jing Whereas clauses are t'-ue and correct and incorporated
35 herein by this reference,
36
37 Section 2, The City Commission of the City of Boynton Beach, Florida, does hereb
38 abandon a portion of North Circle Drive (aka NE 17th Avenue) and a portion of South Circle
39 Drive (tka NE 16th Drive) from Northeast 3'd Court westward to the Four Sea Suns
40 Condominium, Inc., complex, subject to staff comments, and more particularly described in the
41 attached Composite Exhibit "A."
42
43 Section 3, The City Manager is hereby authorized and directed to execute the
44 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
45 of Palm Beach County, Florida.
46
S:\CAIOrdinances\Abandonments\Four Sea Suns_doc
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Section 4.
This Ordinance shan take effect immediately upon passage.
FIRST READING this ~ day of -..h.nuevy ,2006.
SECOND, FINAL READING AND PASSAGE THIS ~ day of Ja.nlJAry,
2006,
CITY OF BOYNTON BEACH, FLORIDA
~
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~~ssioner
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Commissioner
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S:\CA\Qrdinances\Abandonments\Four Sea Suns.doc
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
a portion of North Circle Drive (aka NE 17th Avenue) and a portion of South Circle Drive
(tka NE 16th Drive) from Northeast 3'd Court westward to the Four Sea Suns Condominium,
Inc" complex subject to staff comments, and more par1icularly described in the attached
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 11
day of January, 2006.
STATE OF FLORIDA
)
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personany appeared Kurt Bressner and
Janet 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 ~oay of
January, 2006,
NOTARY PUB~~ili: ~: ~feDA
'WiCommiSSiOn # DD421091
F.xj)ires: APR. 21, 2009
Th Atlantic Bonding Co., Ine.
Bonded ru
S:\CA\Ordinances\Abandonments\Four Sea Suns_doc
EXHIBIT RAR
PARCEL 1
LEGAL DESCRIPTION
BEING A PORTION OF THE 30.00 FOOT WIDE RIGHT OF,WAY OF SOUTH CIRCLE DRIVE
AS LAID OUT AND IN USE LYING IN LOT 20, SAM BROWN JR'S HYPOLUXO
SUBDIVISION, PLAT BOOK 1, PAGE 81, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIOA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 20, AS SAME IS SHOWN ON SAID PLAT,
RUN THENCE NORTH 02' 04' 20" WEST ALONG THE WEST LINE OF SA I D PLAT, A
OISTANCE OF 30.02 FEET; THENCE NORTH 89'59'35" EAST, A DISTANCE OF 495,63
FEET; THENCE SOUTH 00' 00' 25" EAST, A D I STANCE OF 30.00 F.:EET TO A POI NT ON
THE SOUTH LINE OF SA I D LOT 20; THENCE SOUTH 89' 59 ' 35" WEST ALONG SA I D SOUTH
LINE OF LOT 20, A DISTANCE OF 494,55 FEET TO THE POINT OF BEGINNING.
TOGETHER WI TH
PARCEL 2
BEING A PORTION OF THE 60.00 FOOT WIDE RIGHT OF WAY OF NORTH CIRCLE DRIVE
AS LAIO OUT AND IN USE LYING IN LOT 22, SAM BROWN JR'S HYPOLUXO
SUBOIVISION, PLAT BOOK 1, PAGE 81, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 20. AS SAME IS SHOWN ON SAID
PLAT, RUN THENCE NORTH 02'04'20" WEST ALONG THE WEST LINE OF SAID PLAT, A
DISTANCE OF 319.11 FEET TO THE SOUTHWEST CORNER OF SAID LOT 22 AND THE
POINT OF BEGINNING; THENCE CONTINUE NORTH 02'04'20" WEST ALONG SAID WEST
LINE, A DISTANCE OF 60.04 FEET; THENCE NORTH 89'59'35" EAST, A DISTANCE OF
500,21 FEET; THENCE SOUTH 00'00'25" EAST, A DISTANCE OF 60,00 FEET TO A
PO I NT ON THE SOUTH LINE OF SA I D LOT 22; THENCE SOUTH 89' 59 ' 35" WEST ALONG
SAID SOUTH LINE OF LOT 22, A DISTANCE OF 498,05 FEET TO THE POINT OF
BEGINNING,
THIS SKETCH OF LEGAL DESCRIPTION IS NOT A SURVEY AND IS NOT VALID WITHOUT
THE SIGNATURE AND RAISED SEAL OF PROFESSIONAL SURVEYOR AND MAPPER TIMOTHY
M, SMITH, FLORIDA CERTIFICATE NUMBER LS 004676,
SURVEYOR'S NOTES
BEARINGS SHOWN HEREON ARE REFERENCED TO THE WEST LINE OF SAM BROWN JR'S
HYPOLUXO SUBDIVISION, PLAT BOOK 1, PAGE 81, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLOR IDA, HA V I NG A BEAR I NG OF NORTH 02' 04' 20" WEST,
NOT A SURVEY
TIMOTHY M. SMITH
LAND SURVEYING~ INC.
103 SUNFLOWER STREET
ROYAL PALM BEACH, FL 33411
(561) 602-8160
LB #6865
SHEET 1 OF 2
T MOTHY M. SMITH, P,S,M,
FLORIDA CERTIFICATE NO. 4676
SCALE: N/A
DATE: JAN 2005
SKETCH OF LEGAL
DESCRIPTION PROPOSED
ROAD ABANDONMENT
DIRECTORY: BOYNSUNS
FIELD BOOK: N/A
DWG NO.: SUNSSKO 1
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PLAT BOOK 24
PAGE 226
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EXHIBIT "A"
LOT 23
LOT 22
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PARCEL 2
PORTION OF N CIRCLE DRIVE
S89'S9'3S"W 498.0S'
S LINE LOT 22
LOT 21
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PLAT BOOK 1 PAGE 81
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PLAT BOOK 1 PAGE 81
27
LOT 19
26
BOYNTONBOROUGH
PLAT BOOK 25 PAGE 174
TIMOTHY M. SMITH
LAND SURVEYING, INC.
103 SUNFLOWER STREET
ROYAL PALM BEACH, FL 33411
(561) 602-8160
LB #6865
NOT A SURVEY
SKETCH OF LEGAL
OESCRIPTION PROPOSED
ROAD ABANDONMENT
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DA TE: JAN 2005
DIRECTORY: BOYNSUNS
FIELD BOOK: N/A
DWG NO.: SUNSSKO 1
EXHIBIT RAn
PARCEL 1
LEGAL DESCRIPTION
BEING A PORTION OF THE 30.00 FOOT WIOE RIGHT OF,WAY OF SOUTH CIRCLE DRIVE
AS LAID OUT AND IN USE LYING IN LOT 20, SAM BROWN JR'S HYPOLUXO
SUBDIVISION, PLAT BOOK 1, PAGE 81, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIOA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 20, AS SAME IS SHOWN ON SAID PLAT,
RUN THENCE NORTH 02' 04' 20" WEST ALONG THE WEST LINE OF SA I D PLAT, A
DISTANCE OF 30.02 FEET; THENCE NORTH 89'59'35" EAST, A DISTANCE OF 495.63
FEET; THENCE SOUTH 00'00'25" EAST, A OISTANCE OF 30,OD EEET TO A POINT ON
THE SOUTH LINE OF SAID LOT 20; THENCE SOUTH 89'59'35" WEST ALONG SAID SOUTH
LINE OF LOT 20, A DISTANCE OF 494.55 FEET TO THE POINT OF BEGINNING.
TOGETHER WI TH
PARCEL 2
BEING A PORTION OF THE 60,00 FOOT WIDE RIGHT OF WAY OF NORTH CIRCLE DRIVE
AS LAID OUT AND IN USE LYING IN LOT 22, SAM BROWN JR'S HYPOLUXO
SUBDIVISION, PLAT BOOK 1, PAGE 81, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 20, AS SAME IS SHOWN ON'SAID
PLAl', RUN THENCE NORTH 02'04'20" WEST ALONG THE WEST LINE OF SAIO PLAT, A
DISTANCE OF 319,11 FEET TO THE SOUTHWEST CORNER OF SAID LOT 22 AND THE
POINT OF BEGINNING; THENCE CONTINUE NORTH 02'04'20" WEST ALONG SAID WEST
LINE, A DISTANCE OF 60.04 FEET; THENCE NORTH 89'59'35" EAST, A DI'STANCE OF
500.21 FEET; THENCE SOUTH 00'00'25" EAST, A DISTANCE OF 60,00 FEET TO A
POINT ON THE SOUTH LINE OF SAID LOT 22; THENCE SOUTH 89'59'35" WEST ALONG
SAID SOUTH LINE OF LOT 22, A DISTANCE OF 498.05 FEET TO THE POINT OF
BEGINNING.
SURVEYOR'S NOTES
THIS SKETCH OF LEGAL DESCRIPTION IS NOT A SURVEY AND IS NOT VALID WITHOUT
THE SIGNATURE AND RAISED SEAL OF PROFESSIONAL SURVEYOR ANO MAPPER TIMOTHY
M. SMITH, FLORIDA CERTIFICATE NUMBER LS 004676,
BEARINGS SHOWN HEREON ARE REFERENCED TO THE WEST LINE OF SAM BROWN JR'S
HYPOLUXO SUBDIVISION, PLAT BOOK 1, PAGE 81, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLOR IDA, HAY I NG A BEAR I NG OF NORTH 02' 04' 20" WEST.
SKETCH OF LEGAL .
DESCRIPTION PROPOSED
ROAD ABANDONMENT
T MOTHY M, SMITH, P,S.M.
FLORIDA CERTIFICATE NO. 4676
SCALE: N/A
DATE: JAN 2005
DIRECTORY: BOYNSUNS
F I ELO BOOK: N/A
DWG NO.: SUNSSKO 1
NOT A SURVEY
TIMOTHY M. SMITH
LAND SUAVEYING~ INC.
103 SUNFLOWER STREET
ROYAL PALM BEACH, FL 33411
(561) 602-8160
LB #6865
SHEET 1 OF 2
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PLAT BOOK 1 PAGE 81
27
EXHIBIT "A"
LOT 23
LOT 22
N89'59'35"E
500,21 '
PARCEL 2
PORTION OF N CIRCLE DRIVE
589'59'35"W 498,05'
SAM BROWN JR'S
HYPOLUXO SUBDIVISION
PLAT BOOK 1 PAGE 81
LOT 20
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PAR 1
PORTION OF 5 CIRCLE DRIVE
589' 59' 35"W 494.55'
S LINE LOT 20
S LINE LOT 22
LOT 21
LOT 19
26
BOYNTONBOROUGH
PLAT BOOK 25 PAGE 174
TIMOTHY M. SMITH
LAND SURVEYING, INC.
103 SUNFLOWER STREET
ROYAL PALM BEACH, FL 33411
(561) 602-8160
LB #6865
NOT A SURVEY
SKETCH OF LEGAL
OESCRIPTION PROPOSEO
ROAD ABANDONMENT
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DWG NO,: SUNSSKO 1
21
The CUlJ oi BolJnton 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.f1.us
www.boynton,beach.org
January 18, 2006
MS, SHARON R, BOCK
CLERK & COMPTROLLER
PALM BEACH COUNTY
RECORDING/ABSTRACT
P.O. BOX 4177
WEST PALM BEACH FL 33402-4177
ATTN: DAVID GILLESPIE
Dear Ms. Bock:
RE:
ACCOUNT #1031
(7 PAGES) = $61.60
Please record the following seven (7) original pages as one (1) document:
ORDINANCE NO, 06-010
Abandoning a portion of North Circle Drive (aka NE 17th Avenue) and a portion of South
Circle Drive (fka NE 16th Drive) from Northeast 3"' Court westward to the Four Sea Suns
Condominium, Inc,
INCLUDING DISCLAIMER
If there are any questions or concerns, please do not hesitate to contact me. Thank you.
Very truly yours,
CITY OF BOYNTON BEACH
Yn,p~
J net M. Prainito, CMC
ity Clerk
Attachment
c: Central File
Palm Beach County Recording File
S:\CC\WP\PBC recording\ 2005\ABANDONMENTS\2006\Ordinance 06-0tO - Four Sea Suns Condo.doc
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