06-060
Return to: (enclose self-addressed stamped envelope)
111111111 III~ 1111I11111 n l"nlll~m II~IIII
Name
Address:
CFN 2(ZJ060467143
OR BK 20715 PG 0982
RECORDED 08/10/2006 11: 16: 25
Palm Beach County, Florida
Sharon R. Bock, CLERK & COMPTROLLER
Pgs 0982 - 987; ( 6p~Js )
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ORDINANCE NO. 06- OfoD
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING ABANDONMENT
OF A PORTION OF 10 FOOT WIDE UTILITY
EASEMENT, LOCATED ON PROPERTY NEAR THE
SOUTHWEST CORNER OF SOUTHEAST 23RD
AVENUE AND FEDERAL HIGHWAY, SUBJECT TO
ST AFF COMMENTS; AUTHORIZING THE CITY
MANAGER TO EXECUTE A DISCLAIMER, WHICH
SHALL BE RECORDED WITH THIS ORDINANCE IN
THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Southern Homes of Palm Beach, II, LLC, is requesting that the City
abandon a 10 foot wide utility easement located on the Coastal Bay Colony plat, subject to staff
comments; and
WHEREAS, comments have been solicited from the appropriate City Departments, and
public hearings have been held before the City's Community Redevelopment Agency, and the
City Commission on the proposed abandonment; and
WHEREAS, staff finds that the utility easement no longer serves a public purpose, and
the City Commission adopts that finding.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
abandon a 10 foot wide utility easement located on the Coastal Bay Colony plat, subject to staff
comments. The property being abandoned is more particularly described as follows:
A portion of the SE one quarter (SE V4), Section 33, Township
45 South. Range 43 East, City Of Boynton Beach, Palm Beach County,
Florida being more particularly described as follows:
Commence at a point being on a line 385.56 foot South of the North
line of the said Southeast one-quarter (SE lf4) as intersected with a
line being 33.00 west of parallel with the centerline of South
Federal Highway (US Highway No.1) as shown on the Florida Department
of Transportation right of way map, section 9301-205-93010-2501 State
S:\CA rdinanceslAbandonmentslCoastal Bay Colony.doc
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Road No.5, sheet 3 of 10; thence South 04033'08" West along said
parallel line, 100.00 feet to line being 485.10 foot South of and
parallel with North line of the said Southeast one-quarter (SE ~):
thence South 89004'23" West along said parallel line, 295.00 feet to
the point of beginning: thence continue South 89004'23" West along said
parallel line, 55.00 feet to a line being 251.25 East of and parallel
with the West line of the Northeast one-quarter (NE ~), of the South
east one quarter (SE Y4), of said section 33: thence North 01030'00"
west along said parallel line, 99.55 feet to line being 385.56 foot
South of the North line of the southeast one-quarter (SEl/4) of said
Section 33: Thence North 89004'23" East along said parallel line, 10.00
feet: thence South 01030'00" East 89.55 feet; thence North 89004'23"
East, 45.10feet: thence South 00055'37" East, 10.00 feet to the point of beginning.
Said lands lying in the city of Boynton Beach, Palm Beach County, Florida,
containing 0.033 acre (1,445 .98 square feet) more or less.
A location map is attached hereto as Exhibit "A."
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
S:\CA rdinanceslAbandonmenls\Coaslal Bay Colony. doc
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II
FIRST READING this ~ day of Ju.I'1 ,2006.
SECOND, FINAL READING AND PASSAGE THIS ~day of JuJi
2006.
CITY OF BOYNTON BEACH, FLORIDA
-t-1-/o
ATTEST:
S:\C rdinanceslAbandonmenls\Coaslal Bay Colony. doc
JmnnSSlOner
"'
i~L,
COmmiSSIOner
.,
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City
of Boynton Beach, Florida, does hereby abandon a 10 foot wide utility easement located on
the Coastal Bay Colony plat, subject to staff comments. The property being abandoned is
more particularly described as follows:
A portion of the SE one quarter (SE Y4), Section 33, Township
45 South. Range 43 East, City Of Boynton Beach, Palm Beach County,
Florida being more particularly described as follows:
Commence at a point being on a line 385.56 foot South of the North
line of the said Southeast one-quarter (SE ~) as intersected with a
line being 33.00 west of parallel with the centerline of South
Federal Highway (US Highway No.1) as shown on the Florida Department
of Transportation right of way map, section 9301-205-93010-2501 State
Road No.5, sheet 3 of 10; thence South 04033'08" West along said
parallel line, 100.00 feet to line being 485.10 foot South of and
parallel with North line of the said Southeast one-quarter (SE ~):
thence South 89004'23" West along said parallel line, 295.00 feet to
the point of beginning: thence continue South 89004'23" West along said
parallel line, 55.00 feet to a line being 251.25 East of and parallel
with the West line of the Northeast one-quarter (NE ~), of the South
east one quarter (SE ~), of said section 33: thence North 01030'00"
west along said parallel line, 99.55 feet to line being 385.56 foot
South of the North line of the southeast one-quarter (SE 1/4) of said
Section 33: Thence North 89004'23" East along said parallel line, 10.00
feet: thence South 01030'00" East 89.55 feet; thence North 89004'23"
East, 45.10feet: thence South 00055'37" East, 10.00 feet to the point of beginning.
Said lands lying in the city of Boynton Beach, Palm Beach County, Florida,
containing 0.033 acre (1,445 .98 square feet) more or less.
S:\CA\Ordi nceslAbandonmenls\Coaslal Bay Colony.doc
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 IB day of
~,2006.
QTES~: ,
STATE OF FLORIDA
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally 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 JL day of
~
,2006.
~ ,,(; /1 (11/,1 (
/ ,Lv--( H V' \~. ulLb-~
NOTARY PUBLIC, State ofFI, r\da
My Commission Expires: I)
!i~
~ OF,./
Notary Public State of Florida
Carol A Mahoney
My Commission D0460414
Expires 08/10/2009
S:ICAIOrdi ceslAbandonmentslCoastal Bay Colony.doc
.
1 in. = 154.0 feet
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Coastal Bay Colony Exhibit A