R96-112RESOLUTION NO. R96-//,~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN ABANDONMENT OF A 30' RIGHT-OF-
WAY ON PURPLE HEART WAY PURSUANT TO
SETTLEMENT AGREEMENT ENTERED INTO BETWEEN
THE CITY OF BOYNTON BEACH AND HOWARD
SCHARLIN, TRUSTEE FOR WOOLBRIGHT PLACE,
JOINT VENTURE BY RESOLUTION R95-65; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Resolution No. R95-65, the City of Boynton Beach entered into
a Settlement Agreement with Howard Scharlin,~Trustee for Woolbright Place, Joint
Venture, (SCHARLIN) which Agreement provided for the abandonment of the
southernmost 30' of the industrial road right-of-way by the City to SCHARLIN;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute a Right-of-Way Abandonment for tt'te southerly 30' of the right-of-way, located
on Purple Heart Way, more particularly described in Exhibit "A", attached hereto and
made a part hereof.
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of August, 1996.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Cit~'Clerk
Authsig.res
abandomenfJ/ROW
Scharlin-8/1/96
Commissioner
Commissioner
Co~,n~s~,ioner
~0~o
This instrument was prepared by=
Howard R. Scharlin, Esq.
Scharlin, Lanzetta, Cohen, Cobb & Ebin
1399 S.W. First Avenue, #400
Mi~ml, FL 33130
RIGHT-OF-WAY ABANDONMENT
THIS INSTRUMENT, vacating a portion of right-of-way given by
the CITY OF BOYNTON BEACH, a Florida municipal corporation (the
"CITY"), on this /~ day of /~~-~, 1996 at Boynton Beach,
Florida saying thereupon:
WHEREAS, the developers of Woolbright Place Plat No. 1,
according to the Plat thereof, recorded in Plat Book 67, Page 47
through 49 of the Public Records of Palm Beach County, Florida
includes dedication of a road way identified on said Plat as Tract
"A" with the Street name of Morton's Way (the "Subject Road Right-
of-Way); and
WHEREAS, by.resolution duly enacted by the CITY at a properly
constituted meeting of the City Council, Resolution No. 95-65, the
CITY resolved to vacate the Southerly 30' of the Subject Road
Right-of-Way which is more specifically described as follows:
A portion of Tract "A" (also known as Morton's Way),
WOOLBRIGHT PLACE PLAT 1, according to the Plat thereof as
recorded in Plat book 67, Pages 47 through 49, of the
Public Records of Palm Beach County, Florida, more
particularly described as follows:
COMMENCING at the Southeast corner of Tract "E", SHOPPES
OF WOOLBRIGHT P.C.D., according to the Plat thereof
recorded in Plat Book 65, Pages 137 and 138, Public
Records of Palm Beach County, Florida; thence
N01°34'16"W, 571.91 feet to the Northeast corner of said
Tract "E", and the POINT OF BEGINNING, thence
S88°26'13"W,'along the North boundary of said Tract "E",
1125.37 feet to a point on the East boundary of Tract
"A", (also known as: S.W. 8th Street), SHOPPES OF
WOOLBRIGHT P.C.D.; thence S37°35,20,,W, along said East
boundary, 46.53 feet to a point on the arc of a non-
tangent curve, concave to the Northeast, (radial line ko
said point bears S76°44,26,,W); thence Northwesterly along
the arc of said curve, having a. radius of 1438.26 feet,
a central angle of 01°13,04,, ansan arc distance of 30.57
feet; thence N37°35,20,,E, 46.53 feet to a point on a line
30.00 feet North of and parallel with the North boundary
of said Tract ',E"; thence N88°26,13,,E, along said
parallel line, 1131.24 feet to a point on the East
boundary of said Tract "A"; thence S01°34,16,,E, along
said East boundary, 30.00 feet to the POINT OF BEGINNING.
Said lands lying and situate in the City of Boynton
Beach, Palm Beach County, Florida.
NOW, THEREFORE, after due consideration by the City Council
with a quorum present, and in implementation of the said resolution
to vacate a portion of the Subject Road Right-of-Way, the ~CITY
acting by its duly constituted officers does hereby vacate the
Southerly 30' of the Subject Road Right-of-Way. In vacating the
Southerly 30' of the Subject Road Right-of-Way, that vacated
portion of the right-of-way, without further action by any party,
becomes the Northerly 30' of Tract E of the Shoppes of Woolbright
P.C.D., according to the Plat thereof, as recorded in Plat Book 65,
Pages 137 and 138, of the Public Records of Palm Beach County,
Florida.
IN WITNESS WHEREOF, this instrument is executed by the Mayor
of the City of Boynton Beach and the Mayor's signature is attested
by the City Clerk and the corporate seal of the CITY is affixed.
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument
/5 day of /~j~ , 1996, by
as ~~ ~) of City
~H~nn~ ~~ as the
personally known to me ~r ~ko kavemprc~u~
THE CITY OF BOYNTON BEACH
--
was a~~'be for this
199
The ~oynt6n Beth and
City Clerk, who are
My Commission Expires:
ary Public, Sta Florida
Comm{ssion N-mher ~
~ ~ ~ ~PI~,S.~ ' "1998
This instrument was prepared by:
Howard R. Scharlin, Esq.
Scharlin, Lanzetta, Cohen, Cobb & Ebin
1399 S.W. First Avenue, %400
Miami, FL 33130
RIGHT-OF-WAY ABANDONMENT
THIS INSTRUMENT, vacating a portion of right-of-way given by
the CITY OF BOYNTON BEACH, a Florida municipal corporation (the
"CITY"), on this /~ day of ~~--~, 1996 at Boynton Beach,
Florida saying thereupon:
WHEREAS, the developers of Woolbright Place Plat No. 1,
according to the Plat thereof, recorded in Plat Book 67, Page 47
through 49 of the Public Records of Palm Beach County, Florida
includes dedication of a road way identified on said Plat as Tract
"A" with the Street name of Morton's Way (the "Subject Road Right-
of-Way); and
WHEREAS, by resolution duly enacted by the CITY at a properly
constituted meeting of the City Council, Resolution No. 95-65, the
CITY resolved to vacate the Southerly 30' of the Subject Road
Right-of-Way which is more specifically described as follows:
A portion of Tract "A" (also known as Morton's Way),
WOOLBRIGHT PLACE PLAT 1, according to the Plat thereof as
recorded in Plat book 67, Pages 47 through 49, of the
Public Records of Palm Beach County-, Florida, more
particularly described as follows:
COMMENCING at the Southeast corner of Tract "E", SHOPPES
OF WOOLBRIGHT P.C.D., according to the Plat thereof
recorded in Plat Book 65, Pages 137 and 138, Public
Records of Palm Beach County, Florida; thence
N01°34'16"W, 571.91 feet to the Northeast corner of said
Tract "E", and the POINT OF BEGINNING, thence
S88°26'13"W,'along the North boundary of said Tract "E",
1125.37 feet 'to a point on the East boundary of Tract
"A", (also known as: S.W. 8th Street), SHOPPES OF
WOOLBRIGHT P.C.D.; thence S37°35,20,,W, along said East
boundary, 46.53 feet to a point on the arc of a non-
tangent curve, concave to the Northeast, (radial line to
said point bears S76°44,26,,W); thence Northwesterly along
the arc of said cu~e, having a. radius of 1438.26 feet,
a central angle of 01°13,04,, ansan arc distance of 30.57
feet; thence N37°35,20,,E, 46.53 feet to a point on a line
30.00 feet North of and parallel with the North boundary
of said Tract "E"; thence N88°26,13,,E, along said
parallel line, 1131.24 feet to a point on the East
boundary of said Tract "A"; thence S01°34'16,,E, along
said East boundary, 30.00 feet to the POINT OF BEGINNING.
Said lands lying and situate in the City of Boynton
Beach, Palm Beach County, Florida.
!200
NOW, THEREFORE, after due consideration by the City Council
with a quorum present, and in implementation of the said resolution
to vacate a portion of the Subject Road Right-of-Way, the CITY
acting by its duly constituted officers does hereby vacate the
Southerly 30' of the Subject Road Right-of-Way. In vacating the
Southerly 30' of the Subject Road Right-of-Way, that vacated
portion of the right-of-way, without further action by any party,
becomes the Northerly 30' of Tract E of the Shoppes of Woolbright
P.C.D., according to the Plat thereof, as recorded in Plat Book 65,
Pages 137 and 138, of the Public Records of Palm Beach County,
Florida.
IN WITNESS WHEREOF, this instrument is executed by the Mayor
of the City of Boynton Beach and the Mayor's signature is attested
by the City Clerk and the corporate seal of the CITY is affixed.
THE CITY OF BOYNTON BEACH
APPROVED AS TO FORM:
CITY A%-I'O RNEY
STATE OF FLORIDA
COUNTY OF PALM BEACH
By: .....
' ~!_TY CLERK
was ~~~{ fore
1996, by - '~ ~-~
of' The City of Boynt~
The foregoing instrument me this
/Z day of {'~,~an~
as - /~~ /) Beach and
~qxm~n~ kJ~E- as the City Clerk, who are
personally known to me cr '~:ho ka--~ ~rc~uc~
My Commission Expires:
ary Public, State of Florida
=="~ ~" -J~l- I~1. f-~R~,'N ,'I-o
Commission Number t
'li ,c-',2;~'.'~:~ JANET M. PRAiN TO
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~"//-96~1 'ON NOI.Lri909:::I~I
Boulevard
P.o. Box310
Boynton Beach, Florida 33425-0310
CityHalL.. (407) 375-6ooo
FAX: (407) 375-6090
CERTIFICATION
I, Suzanne M. Kruse, City Clerk of the City of Boynton Beach, Florida, do hereby certify
that attached Resolution #R96-112, consisting of one (1) page; a map consisting of one
(1) page and Exhibit "A" two (2) pages 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
FLORIDA, this 13th of August, 1996.
of the CITY OF
BOYNTON BEACH,
City Clerk
August 13, 1996
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