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R97-026RESOLUTION R97-,~'~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A PETITION FOR CANELLATtON OF A PORTION OF THE EROSION CONTROL LINE ESTABLISHED FOR THE OCEAN RIDGE/BRINY BREEZES BEACH RESTORATION PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1982, the State of Florida Board of Trustees of the Internal Improvement Trust Fund ("Board of Trustees") established the Erosion Control Line for the Ocean Ridge/Briny Breezes Beach Restoration Project; and WHEREAS, Section 161.211, Florida Statutes, provides that the 3oard of Trustees shall cause to be canceled or vacated of record 'he resolution authorizing the beach erosion control project and the ;urvey locating the erosion control line upon receipt of written petition signed by those owners of a majority of the lineal feet of the iparian property which either abuts or would have abutted the erosion control line if the same had been located at the line of mean dgh water on the date the Board of Trustees' survey was recorded, ~rovided that construction of the beach erosion control project has ot commenced within two years from the date of the recording of the Board of Trustees' survey: and WHEREAS, construction of the Ocean Ridge/Briny Restoration Project authorized by the Board of Trustees in not yet commenced; and Breezes 1982, has WHEREAS, cancellation of a portion of the erosion control line witl allow for establishment of a new erosion control tine consistent wifh '~e current Ocean Ridge Shore Protection Project; and WHEREAS, the City Commission, has deemed it to be in the ~est interests of the residents and citizens of the City to execute the Petition for CancellatiOn of a portion of the Erosion Control Line established for the Ocean Ridge/Briny Breezes Beach Restoration ~roject; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF [HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Iodda does hereby authorize and direct the Mayor and City Clerk to execute a Petition for Cancellation of a portion of the Erosion Control Line established for the Ocean Ridge/Briny Breezes Beach Restoration Project, a copy of said Petition being attac:hed hereto as Exhibit "A". Section 2. This Resolution will become effective immediately Jpon passage. PASSED AND ADOPTED this/,¢ day of February, 1997. Ci(/y Clerk CITY OF BOYNTON BEACH, FLORIDA Commissioner C~"missioner (CorJ;k~l~~al) PETITION FOR CANCELLATION OF A PORTION OF THE EROSION CONTROL LINE ESTABLISHED FOR THE OCEAN RIDGE/ BRINY BREEZES BEACH RESTORATION PROJECT WHEREAS, the State of Florida Board of Trustees of the Internal Improvement Trust Fund ("Board of Trustees") in 1982 duly established by its Certificate of Approval the Erosion Control Line for the Ocean Ridge/Briny Breezes Beach Restoration Project, a copy of which is attached hereto as Exlfibit A and incorporated herein by reference; and WHEREAS, Section 161.211, Florida Statutes, provides that the Board of Trustees shall cause to be canceled or vacated of record the resolution authorizing the beach erosion control project and the survey locating the erosion comrol line upon receipt of written petition signed by those owners of a majority of the lineal feet of the riparian property which either abuts or would have abutted the erosion control line if the same had been located at the line of mean high water on the date the Board of Trustees' survey was recorded, provided that construction of the beach erosion control project has not commenced within two years from the date of the recording of the Board of Trustees' survey, as provided in Section 161.181, Florida Statutes; and WHEREAS, construction of the Ocean Ridge/Briny Breezes Beach Restoration Project authorized by the Board of Trustees in 1982 has not yet commenced; and WHEREAS, cancellation of a portion of the erosion control line, as set forth in Exhibit B attached hereto and incorporated herein by reference, will allow for establishment of a new erosion control line consistent with the current Ocean Ridge Shore Protection Project. NOW, THEREFORE, the undersigned as owner of the following described land abutting the established Erosion Control Line as set forth hereunder: The North 150 feet of the South 986.93 feet of Government Lots 1 and 5 lying east of the centerline of State Road A-I-A, together with the North 450 feet of the South 836.93 feet of Government Lots 1 and 5 lying east of the centerline of State Road A-l-A, together with the North 219.41 feet of the South 386.93 feet of Government lot 5 lying east of Ocean Boulevard, together with the South 166.98 feet of Government Lot 5 lying east of Spanish Creek; all parcels being in Section 22, Township 45 South, Range 43 East, Palm Beach County, Florida. hereby petitions the Board of Trustees pursuant to Section 161.211, Florida Statutes, to cancel and vacate that portion of the Erosion Control Line described in Exhibit B hereto. IN WITNESS WHEREOF, the mayor of the City of Boynton Beach, Florida has made and executed this Petition on behalf of the City this ,~,~ day of ,~z~,~,~,~ ,1997. ATTEST: City Clerk CITY OF BOYNTON BEACH, FLORJDA APPROVED AS TO FORM: EXHIBIT A CERTIFICATE OF APPROVAL ESTABLISHMENT~ OF EROSION CONTROL LINE WHEREAS, Sections 161.141.through 161.211, Florida Statutes, authorized the State of Florida Board of Trustees of'the Internal Improvement Trust Fund to locate and fix an erosion control line in the tidal waters of the State of Florida where beach erosion is a serious menace to the economy and general welfare of the people of the State; and WHEREAS, the State of Florida Department of Natural Resources has certified that severe beach erosion has occurred in the area and recommends.that a beach erosion control project be undertaken; and WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund held a public hearing on the 6th day of.April, 1982, at Tallahassee, on the proposed erosion control line as surveyed by George W. Wren, Registered Land Surveyor, being more particularly described in Exhibit A, attached hereto and made a part hereof; and -WHEREAS, the Board of Trustees of the Inter~al Improvement Trust Fund has examined the evidence on the merits of the proposed beach erosion control project and finds that the restoration· o·f %he beach is in the interest of the public; and WHEREAS, from evidence presented to it and made a part of the file in the~e proceedings the Board of Trustees of the Internal Improvement Trust Fund has found that the owners of more than fifty percent of %he lineal distance of the uplands riparian to such line have given their consent in writing'to the location of the line; and WHEREAS, all owners of lands riparian to said line and within a thousand feet thereof by radial measure- ment have been notified by certified mail of the proceedings to establish the erosion control line; and WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund has determined that all requirements of the statutes hereunto applicable have been complied with in proper manner; NOW, THEREFORE, BE IT RESOLVED BY THE STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND that the erosion control line be approved, adoPted, and certified for the purposes prescribed-by Section 161.141 through 161.211, Florida Statutes, and the same is to remain effective ~until invalidated in accordance with the law. DONE AND ORDERED THIS. /~-day of ~/ , 19~, pursuant to action of the State of Florida Board of Trustees of the Internal Improvement Trust.Fund in regular meeting on April 6, 1982. Governo~ - Chairman ATTEST: E×eodtive Director State of 'Florida of Natural Resources APPROVED AS TO FORM & LEGALITY DEPARTMENT ATTORNEY EXHIBIT A OCEAN RIDGE/BRINY BREEZES .BEACH RESTORATION PROJECT-EROSION CONTROL'LINE EROSION CONTROL LINE A line in Sections 15,. 22, 27, and 34, Township 45 South, Range 43 East, also Sections 3, and 10,-Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Commencing at the United States'Coast and Geodetic Survey Triangulation Station Haulover No. 2 having for its coordinates X = 812,531.49 and Y = 804,794.04, in the Florida State Plane Coordinate System, East Zone; thence run a grid bearing of S39~08'04"E 282.89 fee~ to the Point of Beginning and the North Termings of the Erosion Control Line. Thence r~n S20 thence run S09 thence run S17 thence run Sl0 thence run S10 thence run S08 thence run S06 thence run S06 33'40"W 90.37 feet to a point; 56'33"W 1,442.16 feet to a point; l~rl5"W 917.74 feet to a point; 25'35"W 1,059.29 feet to a point; 26'53"W 1,320.69 feet '~o a point; 57'41"W 1,004.06 feet to a point; 29'05"W 700,38 feet to a point; ~46'26"W 696.06 feet to a point; thence run S06~ thence run S12 thence run S06 thence run S06 thence-run-S07 thence run S07 thence run S08' thence run S08c thence run S06 thence run S06 ~24'57"W 1,196.49 feet to a point; thence run S07°52'17"W 839.71 feet to a point; thence run S09°19'10"W 1,180.08 feet to a point; thence run S09°56'48"W 1,100.54 feet to a point; thence run S09°44'44"W 1,120.67 feet to a point; thence run S09°33'26"W 98~.94 fe~t to a point which is %he Southern Terminus of the Erosion Control Line; thence; along a tie line; ~ run S09°38'36"W 1,166 48 feet to'a point; thence run S06°33'41"W 920.6~ feet to a point; 15'31"W 1,063~14 feet to a point; 09'48"W 326.53 feet-to a point; 26'46"W 1,117.87 feet to a point; 34'37"W 1,052.93 feet to a point; 08'19"W ;1,150.72 feet to a point; 38'47"W 1,073.95 feet to a point; 34'51"W 1,100.52 feet to a point; 15'38"W 1,018.26 feet to a point; 54'09"W 1,325.51 feet to a point; thence run S05 44'09"W 317.19 feet to the Point of Termination'of %he tie line.. Thence run S13°33'33"W 2.,256.41 feet.to the United States Coast and Geodetic Survey Triangulation Station Elkhart having for its coordinates X = 808,378.19 and Y = 777,405.78 in the Florida State Plane Coordinate System, East Zone. RECORD VERIFIED ' PALM BEACH COUNTY, FL.P, JOHN B. DUNKLE CLERK CIRCUIT COURT EXHIBIT B DESCRIPTION OF THAT PORTION OF THE OCEAN RIDGE/BRINY BREEZES BEACH RESTORATION PROJECT - EROSION CONTROL LINE TO BE CANCELED BY PETITION A LINE IN SECTION'S 15,22, & 27, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE UNITED STATES COAST AND GEODETIC SURVEY TRIANGULATION STATION HAULOVER NO. 2 HAVING FOR ITS COORDINATES X=812,531.49 AND Y=804,794.04, IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE (NAD 1927); THENCE RUN A GRID BEARING OF SOUTH 39°08'04'' EAST 282.89 FEET TO THE POINT OF BEGINNING AND THE NORTH TERMINUS OF THE EROSION CONTROL LINE. THENCE RUN SOUTH 20°33'40'' WEST 90.37 FEET TO A POINT; THENCE RUN SOUTH 09"56'33'' WEST 1,442.16 FEET TO A POINT; THENCE RUN SOUTH 17"13'15'' WEST 917.74 FEET TO A POINT; THENCE RUN SOUTH 10"25'35'' WEST 1,059.29 FEET TO A POINT; THENCE RUN SOUTH 10"26'53'' WEST 1,320.69 FEET TO A POINT; THENCE RUN SOUTH 08°57'41'' WEST 1,004.06 FEET TO A POINT; THENCE RUN SOUTH 06°29'05'' WEST 700.38 FEET TO A POINT; THENCE RUN SOUTH 06"46'26'' WEST 696.06 FEET TO A POINT; THENCE RUN SOUTH 06~24'57'' WEST 142.61 FEET TO A POINT OF TERMINATION HAVING COORDINATES OF X=811,392.86 AND Y=797,331.68 (NAD 1927) Tie City of • Boynton Beach. 100 B. Boynton Beach Boulevard OY Iv T .1; , P.O. Boo310 to\ Boynton Beach, Florida 33425 -0310 '7' City Hatt (561) 375 -6000 r, 7 FAX (561) 375 -6090 �c _- .erA ���y elf J..V% ,Uon# P O F February 25, 1997 if';‘ / /-; 4/3 14/ t y_ // p u rr Mr Robert Clinger Department of Environmental Resources Management 3323 Belvedere Road, Building 502 West Palm Beach, FL 33406 -1548 RE: RESOLUTION #R97 -26 ... PETITION FOR CANCELLATION OF A PORTION OF THE EROSION CONTROL LINE ESTABLISHED FOR THE OCEAN RIDGE/BRINY BREEZES BEACH RESTORATION PROJECT Dear Mr Clinger Attached please find copies of the above mentioned Resolution #R97 -26 and Petition which was approved at the City Commission regular meeting held on February 18, 1997 If you have any questions pertaining to this, please do not hesitate to contact me Thank you Sincerely, CITY OF BOYNTON BEACH Sue Kruse, CMC /AAE City Clerk mas. disc wp fllegfm Americas Gateway to the Guff-stream C. PETITION FOR CANCELLATION OF A PORTION OF THE EROSION CONTROL LINE ESTABLISHED FOR THE OCEAN RIDGE/ BRINY BREEZES BEACH RESTORATION PROJECT WHEREAS, the State of Florida Board of Trustees of the Internal Improvement Trust Fund ( "Board of Trustees ") in 1982 duly established by its Certificate of Approval the Erosion Control Line for the Ocean Ridge/Briny Breezes Beach Restoration Project, a copy of which is attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, Section 161.211, Florida Statutes, provides that the Board of Trustees shall cause to be canceled or vacated of record the resolution authorizing the beach erosion control project and the survey locating the erosion control line upon receipt of written petition signed by those owners of a majority of the lineal feet of the riparian property which either abuts or would have abutted the erosion control line if the same had been located at the line of mean high water on the date the Board of Trustees' survey was recorded, provided that construction of the beach erosion control project has not commenced within two years from the date of the recording of the Board of Trustees' survey, as provided in Section 161.181, Florida Statutes; and WHEREAS, construction of the Ocean Ridge/Briny Breezes Beach Restoration Project authorized by the Board of Trustees in 1982 has not yet commenced; and WHEREAS, cancellation of a portion of the erosion control line, as set forth in Exhibit B attached hereto and incorporated herein by reference, will allow for establishment of a new erosion control line consistent with the current Ocean Ridge Shore Protection Project. NOW, THEREFORE, the undersigned as owner of the following described land abutting the established Erosion Control Line as set forth hereunder: The North 150 feet of the South 986.93 feet of Government Lots 1 and 5 lying east of the centerline of State Road A -1 -A, together with the North 450 feet of the South 836.93 feet of Government Lots 1 and 5 lying east of the centerline of State Road A -1 -A, together with the North 219.41 feet of the South 386.93 feet of Government lot 5 lying east of Ocean Boulevard, together with the South 166.98 feet of Government Lot 5 lying east of Spanish Creek; all parcels being in Section 22, Township 45 South, Range 43 East, Palm Beach County, Florida. hereby petitions the Board of Trustees pursuant to Section 161.211, Florida Statutes, to cancel and vacate that portion of the Erosion Control Line described in Exhibit B hereto. IN WITNESS WHEREOF, the mayor of the City of Boynton Beach, Florida has made and executed this Petition on behalf of the City this v2a day of �,c3A: Ry , 1997. ATTEST: CITY OF BOYNTON BEACH, FLORIDA f ry By: 13.4a. yG City Clerk M. r APPROVED AS TO FORM: - B : � ( it Y City Attorney EXHIBIT A CERTIFICATE OF APPROVAL ESTABLISHMENT OF EROSION CONTROL LINE nJ 00 N. WHEREAS, Sections 161.141 through 161.211, Florida Statutes, authorized the State of Florida Board of Trustees ►O of the Internal Improvement Trust Fund to locate and fix an erosion control line in the tidal waters of the State of Florida where beach erosion is a serious menace to the economy and general welfare of the people of the State; and aE WHEREAS, the State of Florida Department of M Natural Resources has certified that severe beach erosion FIR has occurred in the area and recommends that a beach `43 22 erosion control project be undertaken; and WHEREAS, the Board of Trustees of the Interna] Improvement Trust Fund held a public hearing on the 6th day of April, 1982, at Tallahassee, on the proposed erosion control line as surveyed by George W. Wren, Registered Land Surveyor, being more particularly described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund has examined the evidence on the merits of the proposed beach erosion control project and finds that the restoration of the beach is in the interest of the public; and WHEREAS, from evidence presented to it and made a part of the file in these proceedings the Board of Trustees of the Internal Improvement Trust Fund has found that the owners of more than fifty percent of the lineal distance of the uplands riparian to such line have given to their consent in writing to the location of the line; and co oz 00 ti co 07 03 WHEREAS, all owners of lands riparian to said line and within a thousand feet thereof by radial measure- ment have been notified by certified mail of the proceedings to establish the erosion control line; and WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund has determined that all requirements of the statutes hereunto applicable have been complied with in proper manner; NOW, THEREFORE, BE IT RESOLVED BY THE STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND that the erosion control line be approved, adopted, and certified for the purposes prescribed by Section 161.141 through 161.211, Florida Statutes, and the same is to remain effective until invalidated in accordance with the law. DONE AND ORDERED THIS /ITC' day of - 2714e/ , 198,2 , pursuant to action of the State of Florida Board of Trustees of the Internal Improvement Trust,Fund in regular meeting on April 6, 1982. Governo - Chairman ATTEST: Exe tive Director State of Florida Department of Natural Resources • • " * ig ;,' '� Pe. zit', 041 APPROVED AS TO ;•, ,!c - • 1 : • FORM & LEOALIlY • ,., 11‘k% :i1 . ma y,; e /�i Aug DEPARTMENT ATTORNEY 7 (TI ;in r a ii , •.4'1 S i�•:•:�7�.. . �' .t . X4. In Myti v, tZ: n •. Cr, EXHIBIT A OCEAN RIDGE /BRINY BREEZES BEACH RESTORATION PROJECT - EROSION CONTROL'LINE EROSION CONTROL LINE A line in Sections 15, 22, 27, and 34, Township 45 South, Range 43 East, also Sections 3, and 10, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Commencing at the United States'Coast and Geodetic Survey Triangulation Station Haulover No. 2 having for its coordinates X = 812,531.49 and Y = 804,794.04, in the Florida State Plane Coordinate System, East Zone; thence run a grid bearing of S39 08'04 "E 282.89 feet to the Point of Beginning and the North Terminus of the Erosion Control Line. Thence run S20 ° 33'40 "W 90.37 feet to a point; thence run S09 ° 56'33 "W 1,442.16 feet to a point; thence run S17 ° 13'15 "W 917.74 feet to a point; thence run S10 ° 25'35 "W 1,059.29 feet to a point; thence run S10 ° 26'53 "W 1,320.69 feet '€o a point; thence run S08 ° 57'41 "W 1,004.06 feet to a point; thence run S06 ° 29'05 "W 700.38 feet to a point; thence run S06 ° 46'26 "W 696.06 feet to a point; thence run S06 ° 24'57 "W 1,196.49 feet to a point; thence run S07 ° 52'17 "W 839.71 feet to a point; thence run S09 ° 19'10 "W 1,180.08 feet to a point; thence run S09 ° 56'48 "W 1,100.54 feet to a point; thence run S09 ° 44'44 "W 1,120.67 feet to a point; thence run S09 ° 33'26 "W 982.94 feet to a point which is the Southern Terminus of the Erosion Control Line; thence; along a tie line; • run S09 ° 38'36 "W 1,166.48 feet to a point; thence run S06 ° 33'41 "W 00.63 feet to a point; thence run S06 ° 15'31 "W 1,063614 feet to a point; thence run S12 ° 09'48 "W 326.53 feet a point; thence run S06 ° 26'46 "W 1,117.87 feet to a point; thence run S06 ° 34'37 "W 1,052.93 feet to a point; thence run S07 "W 1,150.72 feet to a point; thence run S07• ° 38'47 "W 1,073.95 feet to a point; thence run S08 ° 34'51 "W 1,100.52 feet to a point; thence run S08 ° 15'38 "W 1,018.26 feet to a point; thence run S06 ° 54'09 "W 1,325.51 feet to a point; thence run S05 ° 44'09 "W 317.19 feet to the Point of Termination of the tie line.. Thence run S13 ° 33'33 "W 2,256.41 feet.to the United States Coast and Geodetic Survey Triangulation Station Elkhart having for its coordinates X = 808,378.19 and Y = 777,405.78 in the Florida State Plane Coordinate System, East Zone. co co co n- co RECORD VERIFIED ap PALM BEACH COUNTY, FLA JOHN B. DUNKLE CLERK CIRCUIT COURT EXHIBIT B DESCRIPTION OF THAT PORTION OF THE OCEAN RIDGE /BRINY BREEZES BEACH RESTORATION PROJECT - EROSION CONTROL LINE TO BE CANCELED BY PETITION A LINE IN SECTION'S 15,22, & 27, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE UNITED STATES COAST AND GEODETIC SURVEY TRIANGULATION STATION HAULOVER NO. 2 HAVING FOR ITS COORDINATES X= 812,531.49 AND Y= 804,794.04, IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE (NAD 1927); THENCE RUN A GRID BEARING OF SOUTH 39 °08'04" EAST 282.89 FEET TO THE POINT OF BEGINNING AND THE NORTH TERMINUS OF THE EROSION CONTROL LINE. THENCE RUN SOUTH 20 °33'40" WEST 90.37 FEET TO A POINT; THENCE RUN SOUTH 09 °56'33" WEST 1,442.16 FEET TO A POINT; THENCE RUN SOUTH 17 °13'15" WEST 917.74 FEET TO A POINT; THENCE RUN SOUTH 10 °25'35" WEST 1,059.29 FEET TO A POINT; THENCE RUN SOUTH 10 °26'53" WEST 1,320.69 FEET TO A POINT; THENCE RUN SOUTH 08 °57'41" WEST 1,004.06 FEET TO A POINT; THENCE RUN SOUTH 06 °29'05" WEST 700.38 FEET TO A POINT; THENCE RUN SOUTH 06 °46'26" WEST 696.06 FEET TO A POINT; THENCE RUN SOUTH 06 °24'57" WEST 142.61 FEET TO A POINT OF TERMINATION HAVING COORDINATES OF X= 811,392.86 AND Y= 797,331.68 (NAD 1927) Oceanfront Park North & South Boundaries O O O g�� o 1 15 0 .. lig r :.i v i/d It 071'aMAO 848 FEET NGVD am,w Rua 2 R -157 W O L° v O R - ° 20 86 FEa N -G V 0 R -156 K.50' t® 0 170 O1' 0 -- S 03' 55 20 W 258. ' S 14. 20 51, W DNR -DISC W G -02 24{ ® a 13 7N 796860 S E e1157O.0 ------ "---- �� - ' ? r S o63r.1- w '— ...1 • � S 03`5 12' M 2451 i 4 ! i: ®S OT 0 1°°"°' w S 5. 29. 09 W " 22 ?Q��CiQNT _ LINE -' S 19' 12' 55= W 78.94' CONCRETE -- 1 O 264.46 O V MS NCVD 1929 GROI _ _ - S )0. O5, �T BE 34, W /1-30--SW � n 7 v9e5273 290 . 9 4' E e11726.♦ t NOTE; EROSION CONTROL LIN :kg-- IS THE MEAN HIGHWATER u , LINE. ' EXISTING EROSION CONTROL LINE— S 25' 38' 02' BY OTHE -RS (TO BE VACATED) (MEAN HIGH WATER LINE AS LOCATED ON- 5- 26 -78)