09-029
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Return to: (enclose self-addressed stamped envelope)
Name: 111111111111111111111I
Address:
eFN 200'302118:32
OR BK 2:3301 PG 0281
RECORDED 06/24/2009 15:03:52
PalM Beach County, Florida
Sharon R. Bock,CLERK & COKPTROLLER
Pgs 0281 - 284; (4pgs)
1 ORDINANCE NO. 09-0}..1
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING
5 ABANDONMENT OF A PORTION OF
6 NORTHEAST 12TH AVENUE CURRENTLY
7 PROTRUDING INTO THE CANAL W A TERW A Y,
8 SUBJECT TO ST AFF COMMENTS;
9 AUTHORIZING THE CITY MANAGER TO
10 EXECUTE A DISCLAIMER, WHICH SHALL BE
11 RECORDED WITH THIS ORDINANCE IN THE
12 PUBLIC RECORDS OF PALM BEACH COUNTY,
13 FLORIDA; AND PROVIDING AN EFFECTIVE
14 DATE.
15
16 WHEREAS, the now known roadway ofN.E. lih Avenue (tka Maryland Avenue) was
17 created in the original record plat of WILMS WAY, as recorded in Plat Book 23, Page 110,
18 according to the Public Records of Palm Beach County, Florida on October 26, 1950, and
19
20 WHEREAS, two (2) homeowner associations re-platted a portion of the aforesaid
21 record plat, those being the plat of LAKE WORTH MARINER VILLAGE (to the south) as
22 recorded in Plat Book 33, Pages 41 & 42, according to the Public Records of Palm beach
23 County, Florida on June 28, 1977, which incorporated original Wilms Way Lots 18 thru 26 and
24 a portion ofN.E. lih Avenue, and the plat of MARINER'S WAY (to the north) as recorded in
25 Plat Book 52, Page 193, Public Records of Palm Beach County, Florida on February 8, 1986,
26 which incorporated original Wilms Way Lots I thru 9 and a portion ofN.E. lih Avenue, and
27
28 WHEREAS, the City of Boynton Beach encountered a rainfall event in the spring of
29 2000 that caused ground support damage to a existing seawall behind an existing Utilities
30 Department lift station located within the remainder of N.E. lih Avenue, said seawall repairs
31 were made in the Fall of 2001, including a re-constructed wood dock along said seawall, and
32
33 WHEREAS, the two (2) homeowner associations have approach the city to abandon
34 that portion of N.E. 12th Avenue currently protruding into the canal waterway (beyond the
35 existing seawall supporting the city's lift station), and 1)1e City Commission discussed this issue
36 at their February 17, 2009 commission meeting, and directed staff to go forward with the
37 abandonment process and create an "hold harmless" agreement with the two homeowner
38 associations.
39
40 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF
41 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
42
43 Section 1. The foregoing Whereas clauses are true and correct and incorporated
44 herein by this reference.
45 LS :01 WV Z-10r 60
S:\CA\Ordinances\Abandonments\NE 12th Avenue dockdoc . r' \;\:JD ^.u~
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1 Section 2. The legal description for that portion ofN.E. lih Avenue to be
2 abandoned is as follows:
3
4 Being the East 25 feet of the NE 1 ih A venue right-of-way as shown on the plat
5 of LAKE WORTH MARINER VILLAGE, as recorded in Plat Book 33, Pages
6 41 & 42, and the East 25 feet of the NE 1 ih A venue right-of-way as shown on
7 the plat of MARINER'S WAY as recorded in Plat Book 52, Page 193, both
8 according to the Public Records of Palm Beach County, Florida,
9
10 Subject to an access easement over the West 10 feet thereof for lift station
11 bulkhead wall maintenance purposes.
12
13 Section 3. The City Manager is hereby authorized and directed to execute the
14 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
15 of Palm Beach County, Florida.
16
17 Section 4. All ordinances or parts of ordinances in conflict herewith be and the
18 same are hereby repealed.
19
20 Section 5. Should any section or provision of this Ordinance or portion hereof, an
21 paragraph, sentence or word be declared by a court of competent jurisdiction to b e invalid,
22 such decision shall not affect the remainder of this Ordinance.
23
24 Section 6. Authority is hereby granted to codify this said Ordinance as necessary.
25
26 Section 7. This Ordinance shall become effective immediately after passage.
27
28 FIRST READING this c1~day of June...
29 ,2009.
30
31 {REMAINDER OF PAGE INTENTIONALL LEFT BLANK}
32
S:\CA\OrdinancesIAbandonmentsINE 12th Avenue dock doc
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1 SECOND, FINAL READING AND PASSAGE THIS ~day of June.. ,2009.
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3 CITY OF BOYNTON BEACH, FLORIDA
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S.\CA\Ordinances\Abandonments\NE 12th Avenue dock doc
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DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City
of Boynton Beach, Florida, does hereby abandon the extended portion ofN.E. lih Avenue,
subject to staff comments. The property being abandoned is more particularly described as
follows:
Being the East 25 feet of the NE 1 ih A venue right-of-way as shown on the
plat of LAKE WORTH MARINER VILLAGE, as recorded in Plat Book 33,
Pages 41 & 42, and the East 25 feet of the NE lih Avenue right-of-way as
shown on the plat of MARINER'S WAY as recorded in Plat Book 52, Page
193, both according to the Public Records of Palm Beach County, Florida,
Subject to an access easement over the West 10 feet thereof for lift station
bulkhead wall maintenance purposes.
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 ~ ,2009.
A TTES{)
~
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet M. 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 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 j (;J -fh day of
~Jllnf
,2009.
~rw.LWiiJ &VJ~.ult.uma11
NOT ARY PUBLIC, State Florida
My Commission Expires: Cft+tlt.rjn~
Clleff'{ ~ubeYm(l 1'1
KOTA.-qy PUBUC.STATE OF FLORJDA
/'"....... Catherine Cherry-Guberman
~ ~1 J COIl1;rnission # DD792144
....,,,..',." E;(plres: MAY 27, 2012
S\C A \Ordinances\~bill11ffiifM~H~,~TIillF~1J~\\8~doc
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The City of Boynton Beach
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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
June 18, 2009
MS. SHARON R. BOCK
CLERK & COMPTROLLER
PALM BEACH COUNTY
RECORDING/ABSTRACT
P.O. BOX 4177
WEST PALM BEACH FL 33402-4177
ATIN: Millie
Dear Ms. Bock:
RE: ACCOUNT #1031 THREE (4) PAGES =$36.10
Please record the following four (4) original pages as one (1) document:
ORDINANCE NO. 09-029
Including Disclaimer
Authorizing Abandonment of a portion of NE 12th Avenue currently
protruding into the Canal Waterway
If there are any questions or concerns, please do not hesitate to contact me. Thank you.
Very truly yours,
cm OF BOYNTON BEACH
~Yn. p~
~t M. Prainito, CMC
City Clerk
Attachment
c: Central File
Palm Beach County Recording File
S:\CC\WP\PBC recording\ABANDONMENTS\ORDINANCE NO. 09-029.doc
America's Gateway to the Gulfstream
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Return to and Prepared by: CF'i ~:~ u I] ~:I D ::: 4 !. i:.;
OR BI{ 2::r::t::I::~ J 'Ct . _ ~:16 9
Vincent 1. Piazza RECORDED 07,' 2:J/ ;~() [,4. 1.J: il;: '15
Mathews & Piazza, P.A. Palm Beach c.o1,mt}'. Fl')I'ida
1325 S. Congress Ave., Suite 104 Sharon Jl. BOCJ':t eLl;J ti .~ C:OflPTRCiL~ER
Boynton Beach, Fl. 33426 Pgs 1~,69- 1 ~)7: ; . pg:3l'
DOCK INDEMNIFICATION AGREEMENT
-~
TIllS DOCK INDEMNIFICATION AGREEMENT is made as of the J~~)___day of
Jul1- 2009, by the CITY OF BOYNTON BEACH, a political subdivision, ("CITY"),
Marirler's Way Association, Inc., a Florida non profit corporation, ("Mariner HI) ~"), A.mH~
Constantine Trust ("South Owner") and David Hemingway and Robin Hemingw lY .:( olle,cdvl~ly
"North Owner").
PREAMBLE:
As part of certain plat known as "Wilms Way Plat" recorded in Plat Book 23, ] lage ] 10
of the Public Records of Palm Beach County Florida, the public was dedicated a lOal:. ight of
way on Maryland Avenue nlkJa NE lzth Avenue for the perpetual use as a public high'vay.
The public dedication ofNE 12th A venue falls within the purview of the authl I] ity of the
CITY.
In accordance with Oq-OaCJ , the CITY abandoned that certain submerge i portiOll
ofNE 12th Avenue ("Abandoned Road") improved by a dock owned by David & Ro') n
Hemingway (North Owner) and South Owner, and subject to North Owner's exclus.i' " ~ right to
use and occupy the northern half of the dock consistent with the provisions of the Dle c laratil>n of
Restrictions of Mariners Way as amended.
As part of the abandonment, CITY desires to obtain an indemnity and hol.:! bllmlesll
agreement from Mariner HOA and South Owner regarding the dock.
Mariner HOA desires to obtain an indemnity and hold harmless agreemert JOr 0 m North
Owner as the exclusive possessor and user of the northern half of the dock.
The parties desire to provide evidence of and specifically set forth the duties and
obligations with respect to the indemnities for the dock
In consideration of the foregoing, the premises and mutual benefits and covel [] wts
contained herein, and other good and valuable consideration provided by the terms I[.j' the
Agreement, the sufficiency and receipt of which is hereby acknowledged, the partie; s agmc: aH
follows:
1. Mariner's HOA shall indemnify the CITY against and save CITY ha. 1 nles:~ from
any and all damages, costs and expenses which are actually incun'ed c r sujJere:d
by CITY at any time or times arising from personal injuries sustained by person!1
on the northern half of the abandoned Property, including without l~l~bfMl, OE 1flf 150
reasonable attorney fees and court costs. I .
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2. South Owner, at its sole cost and expense, shall indemnify the CITY against and
save CITY harmless from any and all damages, costs and expenses of any kind or of any nature
whatsoever which may be actually incurred or suffered by CITY at any time or times arising
from or out of activities on or about, or alleged to be on or about, the southern half of the dock,
including without limitation, reasonable attorney fees and court costs.
3. North Owner shall indemnify Mariner's HOA against and save Mariner's HOA
harmless from any and all damages, costs and expenses which are actually
incurred or suffered by Mariner's HOA at any time or times arising from personal
injuries on the northern half of the abandoned property including, without
limitation, reasonable attorney fees and court costs. In addition, North Owner
shall indemnify Mariners HOA for any sums Mariner's HOA may incur to City
consistent with its obligation to indemnify the City as provided in this agreement.
4. North Owner, at all times, shall maintain a comprehensive general liability
insurance policy on the north half of the dock.
5. No provision of this Agreement may be changed, waived, discharged or
terminated except by the party or parties who may reasonably be construed to benefit from the
language sought to be changed, waived or discharged.
6. This Agreement and the rights and obligations of the parties hereunder shall in
respects be governed by, and construed and enforced in accordance with, the laws of the State of
Florida.
7. The covenants and provisions of this Agreement shall run with the abandoned Road.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the day
and year first above written
CITY:
~~
By: URT BRESSNFR
CITY MANAGER
BOYNTON BEACH, H
Mariner's Way Association, Inc., a Florida non
pro~nq/0.
By: Steve F1eCk,~~
Anne Constantine Trust
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Anne Constantine tfe'LVeabJ e Te.u~J
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State of Florida )
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County of Palm Beach)
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NOTARY PUBLIC-STATE OF FLORIDA
My commission expires: I Irb/:20' ~ -
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County of Palm Beach)
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SWORN TO AND SUBSCRIBED before me this L day of ;J 1I LV, 200 q by
Steve Fleck, Presi nt of Mariner's Way Association, Inco, a Florida non prom corporation who
provided ~(~ (it ,as proof of identification.
/~~/ .
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l-oN ARY PUBLIC-STATE OF FLO A
NOTARY PUBlJC-STf;rE OF FLORIDA
~ Lynn M. Swanson
Commission # DD478174
Expires: NOY. 17, 2009
Bonded Thru Atlantic ~mlin~ I::@,. mil.
State of Florida
My commission expires:
State of
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County of
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1~O AND SUBSCRIBED before me this ...L day of '-.J U L~ ' 200:L by
t\:x)f~ (, . '~~ as Trustee of Anne Constantine Trust who provided R 16'~fl- kiQ. as
proofofi e" _WIIIR
~ NIIc . ..... of FlorIda
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...........liiioiiii ..
My comrnisslOn expires: I 10 dOl3
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NOTARY PUBLIC-STATE OF FLORIDA
State of Florida )
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County of Palm Beach) .2>
SWORN TO AND SUBSCRIBED before me this 8ay of, Ju L'v/
David Hemingway and Robin Hemingway who provided J1.-()ll/~;+- f-- rc! .
identification.
, 200L by
as proof of
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NOTARY PUBLIC-STATE OF FLORIDA
My commission expires: //,0 r~~
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....... ....tIII 10,2013
. li.Wln'.: 827t1l
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STATE OF ~
COUNTY OF __~_
The fO~~t acknowledged efl re
20~ by , as
BoJ/n'ton Beach, who IS personally known to me or wh as produced
as identification.
Name:
Notary Public-State of
Commission No.:
My commission expires:
NOTARY PUBLIC..sTATE OF FLORIDA
~"""""" Steohanie D. Kahn
i.1commission #DD873790
~.."..."l Expires: MAY 22, 2013
BOl'lDED THRU ATLt\NTlC BONDING co., me.
~ity of
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BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS THAT CITY OF BOYNTON BEACH, a political
subdivision, in the County of Palm Beach, State of Florida, parties of the first part, for and in
consideration of the sum of TEN DOLLARS and other good and valuable considerations, lawful
money of the United States, to them paid by David and Robin Hemingway, parties of the second part,
the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred and delivered,
and by these presents does grant, bargain, sell, transfer and deliver unto the said parties of the second
part, their executors, administrators and assigns, the following:
That Northerly 37.5 feet of that certain dock adjacent to that certain bulkhead located Easterly
of the intersection of N.E lih Avenue and N.E. lih Terrace and South of Lot 1 of Mariners
Way, according to the Plat thereof, as recorded in Plat Book 52, Page 193 of the Public Records
of Palm Beach County, Florida and North of Lot 1 of Lake Worth Mariner Village, according to
the Plat thereof, recorded in Plat Book 33, Pages 41 and 42 of the Public Records of Palm
Beach County Florida, having the approximate dimensions of 37.5 feet in length and 3 feet in
width.
TO HA VE AND TO HOLD the same unto the said parties of the second part, their executors,
administrators and assigns forever.
AND they do, for them and their heirs, executors and administrators, covenant to and with the
said parties of the second part, their executors, administrators and assigns, that they are the lawful
owners of the said goods and chattels; that they are free from all encumbrances, that they have good
right to sell the said aforesaid, and that they will warrant and defend the sale of the said property, goods
and chattels hereby made, unto the said parties of the second part, their executors, administrators and
assigns against the lawful claims and demands of all persons whomsoever.
:th.
15" day of
J IN WITNESS WHEREOF, they have hereunto set their hand and seal this
~,2009.
Signed, sealed and delivered
In the presence of:
I'
o .
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C./ U de. '1 : fl\... 'lA ut/(
Witness ?'
City of Boynton Beach
cV~
By:
KlIRJ BRESSNER
CliY MANA.GER
BOYNTON BEACH. Fl
Witness
STATE OF ~O.el!;
COUNTY OF L.J ",."P
The fO~ i~s acknowledged b
20rlf.. by , as
Boynton Beach, who is personally known to me or who s produce
as identification.
Name ~~OL
Notary Public-State of
Commission No,:
My commission expires:
NOTARY PUBLlC-STATE OF nORmA
..........", Stephanie D. Kahn
fW koromission #DD873790
\~i Expires: MAY 22, 2013
""I,U"" NDING co INC.
BONDED THRU ATUNTlc BO "
~ty of
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@cLboynton-beach.f1.us
www.boynton-beach.org
July 16/ 2009
MS. SHARON R. BOCK
CLERK & COMPTROLLER
PALM BEACH COUNTY
RECORDING/ABSTRACT
P.O. BOX 4177
WEST PALM BEACH FL 33402-4177
ATTN: Millie
Dear Ms. Bock:
RE: ACCOUNT #1031 THREE (7) PAGES =$61.60
Please record the following four (7) original pages as one (1) document:
DOCK INDEMNIFICATION AGREEMENT AND BILL OF SALE
Authorizing Abandonment of a portion of NE 12th Avenue currently
protruding into the Canal Waterway
Ifthere are any questions or concerns, please do not hesitate to contact me. Thank you.
Very truly yours,
CITY OF BOYNTON BEACH
~Yn. p~
~ M. Prainito, CMC
City Clerk
Attachment
c: Central File
Palm Beach County Recording File
S:\CC\WP\PBC recording\ABANDONMENTS\Dock Indemnification Agreement & Bill of Sale. doc
America's Gateway to the Gulfstream