12-018 If
1 ORDINANCE NO. 12 -018
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AND
5 AUTHORIZING ABANDONMENT OF A
6 PORTION (355 FOOT STRIP) OF THE TWELVE
7 (12) FOOT -WIDE UTILITY EASEMENT,
8 I LOCATED AT 501 SE 18 AVENUE, SUNSHINE
9 SQUARE SHOPPING PLAZA, SUBJECT TO
10 ' STAFF COMMENTS; AUTHORIZING THE
11 INTERIM CITY MANAGER TO EXECUTE A
12 DISCLAIMER, WHICH SHALL BE RECORDED
13 WITH THIS ORDINANCE IN THE PUBLIC
14 RECORDS OF PALM BEACH COUNTY,
15 FLORIDA; AND PROVIDING AN EFFECTIVE
16 DATE.
17
18
19 WHEREAS, James Mirrione of E & A Sunshine Squre, LLC., is requesting to
20 abandon a portion (355 foot strip) of a twelve (12) foot -wide utility easement located at
21 501 SE 18 Avenue, Sunshine Square Shopping Plaza, subject to staff comments; and
22
23 WHEREAS, comments have been solicited from the appropriate City
24 Departments, and public hearings have been held before the City's Planning & Zoning
25 Board, and the City Commission on the proposed abandonment; and
26
27 WHEREAS, staff finds that this portion of the utility easement is being vacated
28 because there are no longer any public utilities located within the easement and will not
29 have any public utilities in the future, therefore no longer serves a public purpose, and the
30 City Commission adopts that finding.
31
32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
33 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
34
35 Section 1. The foregoing Whereas clauses are true and correct and
36 incorporated herein by this reference.
37
38 Section 2. The City Commission of the City of Boynton Beach, Florida, does
39 hereby abandon a portion (355 foot strip) of the twelve (12) foot -wide utility easement
40 located at 501 SE 18 Avenue, Sunshine Square Shopping Center in the City of Boynton
41 Beach, subject to staff comments. The property being abandoned is more particularly
42 described as follows:
43
44
45
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11 '
1
2 A STRIP OF LAND BEING A PORTION OF LOT 1, AS RECORDED IN PLAT
3 BOOK 1, AT PAGE 4 AND BEING A PORTION OF THAT CERTAIN 12.00
4 FOOT WIDE UTILITY EASEMENT RECORDED IN OFFICIAL RECORDS
5 BOOK 881, AT PAGE 840 AND OFFICIAL RECORDS BOOK 884, AT PAGE 459,
6 ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID
7 LANDS LYING AND SITUATE IN A PORTION OF THE NORTHEAST ONE-
8 ' QUARTER (NE 1 /4) OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
91! PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
101 DESCRIBED AS FOLLOWS:
11
12 COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE
13 SOUTH 89° 43'15" WEST ALONG THE NORTH LINE OF SAID SECTION 33,
14 FOR 1,248.84 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE
15 EASTERLY RIGHT -OF -WAY LINE FOR FLORIDA EAST COAST RAILROAD;
16 THENCE SOUTH 08° 11'15" WEST ALONG SAID EASTERLY LINE, FOR
17 529.77 FEET TO THE POINT OF BEGINNING OF A 12.00 FOOT WIDE STRIP
18 OF LAND LYING 6.00 EACH SIDE OF AND ADJACENT TO THE FOLLOWING
19 DESCRIBED CENTERLINE; THENCE NORTH 89° 43'15" EAST, FOR 355.87
20 FEET TO THE POINT OF TERMINUS.
21
22 SUBJECT TO EXISTING EASEMENTS, RIGHTS -OF -WAY, COVENANTS,
23 RESERVATIONS AND RESTRICTIONS OF RECORD, IF ANY.
24
25 SAID LANDS LYING AND SITUATE IN PALM BEACH COUNTY, FLORIDA
26
27 A location map is attached hereto as Exhibit "A."
28
29 Section 3. The Interim City Manager is hereby authorized and directed to
30 execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the
31 Public Records of Palm Beach County, Florida.
32
33 Section 4. This Ordinance shall take effect immediately upon passage.
34
35 FIRST READING this 7 day of November, 2012.
36
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1 SECOND, FINAL READING AND PASSAGE THIS 4 day of December,
2 2012.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6 i ore_ �. lir... 42 &IV
7 Mayor — :. • pew L. -'
8
10 ice Ma ac M ra
11'
12
13 Coyoner
14
15 L
16 Commis • er — even H . lz
17
18
19 Commissioner — Marlene Ross
20 ATTEST:
21
22 �.
23 Jar et M. Prainito, MMC
24 °ity Clerk
25 07r •
26
27 e Se.
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11 I
1
2 DISCLAIMER
3
4 KNOW ALL MEN BY THESE PRESENTS that the City Commission of the
5 City of Boynton Beach, Florida, does hereby abandon a portion (355 foot strip) of the
6 twelve (12) foot -wide utility easement located at 501 SE 18 Avenue, Sunshine Square
7 Shopping Center in the City of Boynton Beach, subject to staff comments. The property
8 being abandoned is more particularly described as follows:
91
10 A STRIP OF LAND BEING A PORTION OF LOT 1, AS RECORDED IN PLAT
11 BOOK 1, AT PAGE 4 AND BEING A PORTION OF THAT CERTAIN 12.00
12 FOOT WIDE UTILITY EASEMENT RECORDED IN OFFICIAL RECORDS
13 BOOK 881, AT PAGE 840 AND OFFICIAL RECORDS BOOK 884, AT PAGE 459,
14 ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID
15 LANDS LYING AND SITUATE IN A PORTION OF THE NORTHEAST ONE -
16 QUARTER (NE 1/4) OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
17 PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
18 DESCRIBED AS FOLLOWS:
19
20 COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE
21 SOUTH 89° 43'15" WEST ALONG THE NORTH LINE OF SAID SECTION 33,
22 FOR 1,248.84 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE
23 EASTERLY RIGHT -OF -WAY LINE FOR FLORIDA EAST COAST RAILROAD;
24 THENCE SOUTH 08° 11'15" WEST ALONG SAID EASTERLY LINE, FOR
25 529.77 FEET TO THE POINT OF BEGINNING OF A 12.00 FOOT WIDE STRIP
26 OF LAND LYING 6.00 EACH SIDE OF AND ADJACENT TO THE FOLLOWING
27 DESCRIBED CENTERLINE; THENCE NORTH 89° 43'15" EAST, FOR 355.87
28 FEET TO THE POINT OF TERMINUS.
29
30 SUBJECT TO EXISTING EASEMENTS, RIGHTS -OF -WAY, COVENANTS,
31 RESERVATIONS AND RESTRICTIONS OF RECORD, IF ANY.
32
33 SAID LANDS LYING AND SITUATE IN PALM BEACH COUNTY, FLORIDA
34
35 IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
36 Beach, Florida, have hereunto set their hands and affixed the seal of the City this
37 day of , 2012.
38 ATTEST: CITY OF BOYNTON BEACH, FLORIDA
39
40
41 Janet M. Prainito, MMC Lori LaVerriere, Interim City Manager
42 City Clerk
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1
2 STATE OF FLORIDA )
3! )ss:
4 ' COUNTY OF PALM BEACH )
5
6 BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere
7 and Janet M. Prainito, Interim City Manager and City Clerk respectively, of the City of
8 Boynton Beach, Florida, known to me to be the persons described in and who executed
9 the foregoing instrument, and acknowledged the execution thereof to be their free hand
10 and deed as such officers, for the uses and purposes mentioned therein; that they
11 affixed thereto the official seal of said corporation; and that said instrument is the act
12 and deed of said corporation.
13 WITNESS my hand and official seal in the said State and County this day
14 of , 2012.
15
16
17
18 NOTARY PUBLIC, State of Florida
19 My Commission Expires:
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