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R97-067 t RESOLUTION NO. R97- ~,~' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A FIVE FOOT WIDE ACCESS CONTROL EASEMENT LOCATED ADJACENT TO MINER ROAD, EAST OF HIGH RIDGE ROAD; BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ABANDONMENT; PROVIDING THAT THE ATTACHED DIS~ BE RECORDED IN THE PUBLIC OF PALM BEACH COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Richard Harris, agent for Waste Management, Inc. of Florida, has requested the abandonment of a five (5) foot wide access control easement located adjacent to Miner Road, east of High Ridge Road; and 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; and WHEREAS, the undeveloped portion the Miner Road right-of-way between High Ridge Road and 1-95 is being abandoned separately but concurrently with this request; and WHEREAS, based on the foregoing information, the said access control easement 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 a five (5) foot wide access control easement located adjacent to Miner Road, east of High Ridge ! r~¥pr ~oad - Access CorRrol Easemertl Ablnd(]nmellt ~t/97 Road, as depicted on the attached Exhibit "A", loCated in the City of Boynton Beach, Florida and depicted on Exhibit "A" attached hereto. Section 2. 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 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ~, day of May, 1997. ATTEST: Cit~/Clerk "- CITY OF BOYNTON BEACH, FLORIDA Mayor ~ ~-~ . c~mmjssipner/. / ~ ~ommJss~oner ~/ Commissionor . Road - .&coals Conffol EXHIBIT "A" Five (5') foot access control easement which encumbers the North 5' of Lots 18 and 19 of the BOYNTON BEACH DISTRIBUTION CENTER, according to the Plat thereof, recorded in Plat Book 47, at Page 100, of the Public Records of Palm Beach County, Florida. The access control easement was dedicated by the Plat of BOYNTON BEACH DISTRIBUTION CENTER for the purposes of control and jurisdiction over Tract S-.1 (Minor Road), as established by the Plat of BOYNTON BEACH DISTRIBUTION CENTER. Boynton Beach 100 E. Boynton Beach Bo~le~rd P.O. Box310 v' Boynton Beach, Florida 33425-0310 City Hall: (561) 375-6000 FAX: (561) 375-6090 CERTIFICATION I, Suzanne M. Kruse, City Clerk of the City of Boynton Beach, Florida, do hereby certify that the attached Resolution #R97-67 consisting of two pages (2 pages) and Exhibit "A" consisting of one 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 9th day of May, 1997. word/wp/procedure/certify Suzan~e M. Krus~, CMC/J~AE City Clerk May 9, 1997 America's Gateway to the Gulfstream I I I I I I I EXHIBIT "D" 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.U.D. & 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 Road - Abandonment 4125/97 i' ~ i t LEGAL DESCRIPTION OF 30' UTILtTY EASEMENT ~ BOYNTON BEACH DISTRIBUTION CENTER ~ARAME)UNT ENGINEERING GROUP 14-1 N.W, 20th. ST SUTE F-7 PROJECT NO: I LB NO. ISHEET: JDATE: BOCA RATON, FL. '334-31,(561)395-7805 2056I 3353! 2 OF 2 J' 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 4.7, PAGE 100 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: SAID 50 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 i~ LINE 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 P.I.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. DRAWN BY: M.D. ~ CHECKED BY: C.G.M. .. REV SIONS DATE BY SKETCH AND LEGAL DESCRIPTION THIS IS NOT A LAND SURVEY EXHIBIT "C" PARAMOUNT ENGINEERING GROUP 141 N.W. 20th: ST. SUITE F-7 )OCA RATON, FL. 33431,(561)395-7805 t SURVEYOR'S NOTES: 1. LEGAL DESCRIPTION SHEE'F 2 OF 2 1"=30' SKETCH AND LEGAL DESCRIPTION OF .30' UTILITY EASEMENT BOYNTON BEACH DISTRIBUTION CENTER PROJECT NO:I LB NO- iSHE = IDA : 2056 3353 1 OF 2 4/22/96 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.D. PLAT BOOK HIGH .340.28' MINER ROAD / CEDAR RIDGE, A P.U.D. & RIDGE COMMERCE PARK, A P.I.D.! P.B. 46, PG. 58 S87'40'45E TRACT S-1 (MINOR ROAD) 10' U.E. LOT 18 BOYNTON BEACH DISTRIBUTION P.B. 47, PG. 100  U.E. ~ '~ ~ m~ NOT PLATTED II P.O.B. PLAT LIMITS =~,,RAWN BY: M.D. I CHECKED BY: C.G.M. ~/ISlONS ! DATE IBY SKETCH AND LEGAL DESCRIPTION THIS IS NOT A LAND SURVEY CERTIFICATION: 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 DESCRIPTION AND SKETCH COMPLY WITH THE MINIMUM TECHNIC, Z~ STANDARDS AS 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 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 - Abandonmer~ 4~5/97 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the i laws of the State of Florida, does hereby abandon and disclaim the unimproved segment of Miner Road right-of-way between High Ridge road and 1-95 made up of three 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 in 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. 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, 1997. ATTEST: CITY 0F~0YNTw0~H~FLORI DA SuSanne Kruse, Gerald Taylor, Mayor City Clerk Min~' Rosd 4/25/97 STATE OF FLORIDA 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. CoY PUBLIC, State of Florida mmission~ Expires: Minmr Road- Abmmndonn~nt 4~25/97