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09-029 - 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~ ~J.. ~'/l_~ ~(lk.bt2 - 1 - . ,,"HHMk ' I 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 - 2 - I 1 SECOND, FINAL READING AND PASSAGE THIS ~day of June.. ,2009. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 ,0' 5 6 7 8 ) 9 10 // ,/ 11 12 13 14 15 16 17 18 , 19 ATTEST: 20 Yn.~ 21 22 23 24 25 26 27 S.\CA\Ordinances\Abandonments\NE 12th Avenue dock doc - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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 - 4 - The City of Boynton Beach (~....r~.~ " . ," ; , t " ) \ \ ; \~~~ ~~~( .. .~. ~ . . , 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 1111111111 ~ III II IIf If f1l If f!~!@1~iN!qrJIF'lf 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 . ~'"~fil'5.)iH:il~~Jld , l'I:J~f :KQ 1'fV,Qa ;j~lJ 1lfl~ 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 /) ti ~t..t. (J,tdf;,a~ frqst~i' Anne Constantine tfe'LVeabJ e Te.u~J ~~~!~ State of Florida ) ) County of Palm Beach) ~/au !J~ NOTARY PUBLIC-STATE OF FLORIDA My commission expires: I Irb/:20' ~ - ) ) County of Palm Beach) -11--- 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. /~~/ . / //f~ ffi ~ /l~ad 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 ) ) ) County of ,?f r( 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 . ., eo-. ExpINt .. 10. 201S C....- " DO 827_ ...........liiioiiii .. My comrnisslOn expires: I 10 dOl3 JQl " I u ') A I (l JLV VGi UL,~ NOTARY PUBLIC-STATE OF FLORIDA State of Florida ) ) 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 .~(au a)~1 NOTARY PUBLIC-STATE OF FLORIDA My commission expires: //,0 r~~ . -..... ............ ....... ....tIII 10,2013 . li.Wln'.: 827t1l 4 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 c~ '/ -- c:.:;.~? 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 . .--X 11i ~<' 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