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R97-068RESOLUTION NO. R97'~ A RESOLUTION OF THE CITY COMI4ISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF THE UNIMPROVED SEGMENT OF MINER ROAD RIGHT- OF-WAY BETWEEN HIGH RIDGE ROAD AND 1-95; BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT ~A" ATTACHED HERETO, EXCLUDING ANY EXISTING FLORIDA POWER & LIGHT EASEMENTS WITHIN THE RIGHT-OF-WAY BEING ABANDONED, RESERVING TO THE CITY OF BOYNTON BEACH TWO UTILITY EASEMENTS, RESERVING TO THE CITY OF BOYNTON BEACH A 25 FOOT WIDE BUFFER EASEMENT, AND DEDICATING SAID BUFFER EASEMENT TO HIGH RIDGE COMMERCE PARK ASSOCIATION; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ABANDONMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Richard Harris, agent for Condor Investments of Palm Beach County, Inc., the property owner of High Ridge Commerce Park PID, has requested the abandonment of the unimproved segment of Miner Road right-of-way between High Ridge Road and 1-95 made up of three (3) parcels, excluding the existing Florida Power & Light easements located within the right-of-way being abandoned; reserving to the City of Boynton Beach two (2) utility easements, reserving to the City of Boynton Beach a 25 foot wide buffer easement, and dedicating said easement to the High Ridge Commerce Park Association, Inc.; and WHEREAS, the reservation of a buffer easement from the right-of-way being abandoned is necessary as the existing buffer easement is being abandoned separately but concurrently with the abandonment of the unimproved segment of Miner Road right-of-way between High Ridge Road and 1-95, thereby effectively relocating the buffer easement to the southern boundary of Cedar Ridge P.U.D. and High Ridge Commerce Park P.I.D.; WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board and the City Commission on the proposed abandonment; M~erRoad-A~lndonmer~ ~25/97 WHEREAS, the conditions imposed by the City Commission'$n December 19, 1995, have been satisfied; and WHEREAS, based on the foregoing information, the said right-of-way to be abandoned no longer serves any useful purpose ' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida by and through its City Commission, does hereby abandon the unimproved segment of Miner Rcad right-of-way between High Ridge Road and 1-95, made up of three (3) parcels and depicted on the attached Exhibit "A" , located in the City of Boynton Beach, Florida and depicted on Exhibit "A" attached hereto; excluding the existing Florida Power & Light easements located within the right-of-way being abandoned; reserving to the City of Boynton Beach two (2) utility easements, as depicted and described on Exhibit "B" and Exhibit "C", located in the City of Boynton Beach, Florida; reserving to the City of Boynton Beach a 25 foot wide buffer easement, as depicted and described in Exhibit "D", located in the City of Boynton Beach, Florida; and dedicating said easement described in Exhibit "D" to the High Ridge Commerce Park Association, Inc. Section 2. This resolution shall not be construed to abandon, surrender, dedicate, transfer, or otherwise give away the existing Florida Power & Light easements located within the boundary of the right-of-way to be abandoned. Section 3. The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 4. This immediately upon passage. Resolution shall take effect PASSED AND ADOPTED this ~ day of May, 1997. ATTEST: '~ Cf/ty Clerk CITY OF BOYNTON BEAC~3~w--~LORIDA ~°~ .r ' /' V~Mayor ~d~issioner Co~±ss±ener IVliner Road 4/2~g7 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 and disclaim the unimproved segment of Miner Road right-of-way between High Ridge rcad and 1-95 made up of three parcels and depicted on the attached Exhibit hA", located in the City of Boynton Beach, Florida and depicted on Exhibit hA" attached hereto, excluding the existing Florida Power & Light Easements located within the right-of-way being abandoned, reserving to the City of Boynton Beach two (2) utility easements, as depicted and described in Exhibit nBn and Exhibit nc", located in the City of Boynton Beach, Florida, reserving to the City of Boynton Beach a 25 foot wide buffer easement, as depicted and described in Exhibit nD", located in the City of Boynton Beach, Florida; and dedicating said easement described in Exhibit nD" to the High Ridge Commerce Park Association, Inc. 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 May, Gerald Tayl/Mayor 4 STATE OF FLORIDA ) )SS; COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared GERALD TAYLOR and SUZANNE KRUSE, Mayor 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 May, 1997. ~OT~RY PUBLIC, State of Florida ~/Commission Expires: Miner Road - Abandonment 4125197 EXHIBIT "A" 9'792 P~ ~t 668 The legal description for the area to be abandoned is: Tract S-1 (Miner Road), as ;stablished by the Plat of BOYNTON BEACH DISTRIBUTION CENTER, according to the plat thereof recorded in Plat Book 47, Page 100, of the Public Records of Palm Beach County, Florida. Together with Tract s-2 (Miner Road), as established by the Plat of CEDAR RIDGE PUD & HIGH RIDGE COMMERCE PARK PID, according to the plat thereof recorded in Plat Book 46, Page 58, of the Public Records of Palm Beach county, Florida, bounded on the west by the right-of-way of High Ridge Road and bounded on the east by the eastern most boundary of the Plat of Cedar Ridge, a P.U.D. and High Ridge Commerce Park, a P.I.D. Together with Easement and tight-of-way over and across the North 25 feet of the West 340 feet of the North ~ of the Northwest % of the Northwest % of Section 16, Township 45 South, range 43 East, of Palm Beach County, Florida. The above-described easement for access and right-of-way was granted by Easement Deed dated August 13, 1976, executed by James O. Taylor and Mildred Taylor, his wife, and David P. Taylor and Jacqueline Taylor, his wife, in favor of the City of Boynton Beach. Miner Road - Abandonment 4/25197 EXHIBIT "B" The City reserves a utility easement with the following legal description: The South 24.0 feet of Tract S-1 (Miner Road), as established by the Plat of BOYNTON BEACH DITRIBUTION CENTER, according to the plat thereof recorded in Plat Book 47, Page 100, of the Public Records of Palm Beach County, Florida. Miner Road - Abando~lle~ 4125197 EXHIBIT "C" ORB NEERING GROUP 141 N.W. 20th. ST. SUITE F-7 33431, ~395-7805 SKETCH AND LEGAL DESCRIPTION OF 30' UTILITY EASEMENT BOYNTON BEACH DISTRIBUTION CENTER PROJECT NO: LB NO. /SHEET: DATE: 2056 3353 I I OF 2 4/22/96 340. SURVEYOR'S NOTES: 1. LEGAL DESCRIPTION SHEET 2 OF 2 LEGEND: P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING P.O.T. POINT OF TERMINATION U.E. UTILITY EASEMENT PG. PAGE P.B. PLAT BOOK MINER ROAD CEDAR RIDGE, A P.U.D. HIGH RIDGE COMMERCE PARK, A P.B. 46, PG. 58 ~.8' ~ '"" ,~ 561.89' S87'40'4,5E TRACT S-1 ~ (MINOR ROAD) 10' U.E. LOT 18 BOYNTON BEACH DISTRIBUTION CENTER P.B. 47, PG. 100 ~RAWN BY: M.D. ~EVISIONS SKETCH THIS IS ICHECKED BY: C.G.M. AND LEGAL DESCRIPTION NOT A LAND SURVEY CER'rIFICATION: I HEREBY CERTIFY THAT THE LEGAL DESCRIPTION AND SKETCH AS SHOWN HEREON ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND, FURTHERMORE, THAT SAID LEGAL DESCEIPTION AND SKETCH COMPLY WITH THE MINIMUM TECHNICAL STANDARDS A.S SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. -'/ CARL G. MILLER PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION NO. 3581 pARAMOUNT ENGINEERING GROUP 14t N.W, 20th. ST. SUITE F-7 BOCA RATON, FI_ 33431,(561)$95-7805 LEGAL DESCRIPTION OF $0' UTILITY EASEMENT BOYNTON BEACH DISTRIBUTION CENTER PROJ 'CT NO: I NO- ISHE r: I DATE: 2056 ,.3553 2 OF 2 I 4/22/96 LEGAL DESCRIPTION 30 FOOT UTILITY EASEMENT (SANITARY SEWER) A PARCEL OF LAND (SAID 30 FOOT UTILITY EASEMENT) LOCATED WITHIN THE PLAT OF BOYNTON BEACH DISTRIBUTION CENTER, AS RECORDED IN PLAT BOOK 47, PAGE 100 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: SAID 30 FEET UTILITY EASEMENT BEING A NORTHERLY EXTENSION OF THE 50 FOOT (10' + 20') UTILITY EASEMENT AS SHOWN ON SAID PLAT OF BOYNTON BEACH DISTRIBUTION CENTER THROUGH THE EASTERLY PORTION OF TRACT S-1 (MINOR ROAD); BEGINNING AT THE NORTHEAST CORNER OF LOT 18 AND THE EASTERLY LINE OF SAID PLAT OF BOYNTON BEACH DISTRIBUTION CENTER AND THE SOUTHERLY LINE OF SAID MINOR ROAD; THENCE NORTH 00'00'07" EAST (BEARINGS USED HEREIN ARE REFERENCED TO SAID PLAT OF BOYNTON BEACH DISTRIBUTION CENTER AS THE NORTH UNE OF SAID PLAT BEING S87'40'45" E), ALONG SAID EASTERLY LINE OF SAID PLAT AND BEING THE EASTERLY LINE OF SAID 30 FOOT UTILITY EASEMENT, A DISTANCE OD 54.04 FEET TO THE SOUTHERLY LINE OF THE PLAT OF CEDAR RIDGE, A P.U.D. & HIGH RIDGE COMMERCE PARK, A PJ.D., AS RECORDED IN THE SAID PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE POINT OF TERMINATION OF SAID 30 FOOT UTILITY EASEMENT. SHORTEN OR LENGTHEN AS NECESSARY THE WESTERLY LINE OF SAID 30 FOOT UTILITY EASEMENT TO TERMINATE AT THE NORTHERLY OR SOUTHERLY LINES OF SAID MINOR ROAD. SUBdECT TO EXISTING RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS- OF-WAY OF RECORD. ~AWN BY: M.D. ICHECKED BY: C.G.M. SKETCH AND LEGAL DESCRIPTION THIS IS NOT A LAND SURVEY EXHIBIT "D" ~792 I~9 t 672 The City of Boynton Beach reserves a 25 foot wide buffer easement with the following legal description: A 25 foot wide buffer easement encumbering the south 25 feet of Tract S- 2 of CEDAR RIDGE, A P.UD. & HIGH RIDGE COMMERCE PARK, A P.I.D., according to the Plat thereof recorded in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida., in Plat Book 46, Page 58. Miner Read - Abandonment 4/25197