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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 Document in Windows Internet Explorer 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 Document in Windows Internet Explorer 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. Document in Windows Internet Explorer 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 Document in Windows Internet Explorer 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: Document in Windows Internet Explorer