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17-009 1111111 1111111111 1111111111 11111 11111 11111111 The City of Boynton Beach CF N 201701310n0 B00 OR BK 29016 PG 0975 RECORDED 04/14/2!X17 08:57:46 Palm Beach Count Florida tXa a= City Clerks Office Sharon R. BockyCLERK & COMPTROLLER 100 E BOYNTON BEACH BLVD F'ss 01975 - 981; (7ass)st. BOYNTON BEACH FL 33435 rYS (561) 742-6060 FAX: (561) 742-6060 e-mail : cityclerk@cfl.us www.boynton-beach.org `cam. CERTIFICATION I, JUDITH A. PYLE, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached Ordinance No. 17-009 consisting of six (6) 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 of the CITY OF BOYNTON BEACH, FLORIDA, dated this 6th day of April, 2017. JU H A. PYLE, C CITY CLERK }GAS (SEAL) • S:\CC\WP\certifications\Ordinances\2015\Certified Ordinance 17-009.docx America's Gateway to the Gulfstream 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 42 43 44 45 ORDINANCE NO. 17 -009 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF THAT PORTION OF THE BOYNTON BEACH BOULEVARD RIGHT -OF -WAY IMMEDIATELY EAST OF FEDERAL HIGHWAY AND ABUTTING THE NORTH PROPERTY LINE OF THE SUBJECT SITE, WHICH ENCOMPASSES THE CURRENT SIDEWALK IlMPROVEMENTS AND RIGHT TURN LANE ONTO NE 6 TH COURT ALONG WITH THE ABANDONMENT OF THE WEST 10 FEET OF NE 6TH COURT, BETWEEN BOYNTON BEACH BOULEVARD AND OCEAN AVENUE, MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY 'MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ocean One Boynton LLC., Applicant is requesting the City abandon that portion of the Boynton Beach Boulevard right -of -way immediately east of Federal Highway and abutting the north property line of the subject site, which encompasses the current sidewalk improvements and right turn lane onto NE 6 th Court along with the abandonment of the west 10 feet of NE 6th Court, between Boynton Beach Boulevard and Ocean Avenue, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been previously held before the City's Planning & Development Board, and the City Commission on the proposed abandonments; and WHEREAS, staff finds that the portion of the Boynton Beach Boulevard right -of- way immediately east of Federal Highway and abutting the north property line of the subject site, which encompasses the current sidewalk improvements and right turn lane onto NE 6 th Court along with the abandonment of the west 10 feet of NE 6 th Court , between Boynton Beach Boulevard and Ocean Avenue no longer serves a public purpose, and the City Commission adopts that finding. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. C:\ Users\ StanzioneT\ AppData\ LocallMicrosoft \WindowslTemporary Internet Files\ Cor; ent. lE5\ SATNOEVN \Ocean__One_Abandonment_ _Ordinence.doc 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 42 43 44 45 46 47 48 49 50 51 52 53 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon that portion of the Boynton Beach Boulevard right -of -way immediately east of Federal Highway and abutting the north property line of the subject site, which encompasses the current sidewalk improvements and right turn lane onto NE 6th Court along with the abandonment of the west 10 feet of NE 6 Court, between Boynton Beach Boulevard and Ocean Avenue, subject to staff comments. The property being abandoned is more particularly described as follows: A PORTION OF THE NORTHWEST ONE - QUARTER OF SECTION 27, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, INCLUDING PORTIONS OF LOTS I THROUGH 6, "FUNK BROS. ADDITION TO THE TOWN OF BOYNTON", AS RECORDED IN PLAT BOOK 2 AT PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF LOT 41 "DEWEY'S SUBDIVISION ", AS RECORDED IN PLAT BOOK 1 AT PAGE 37 OF SAID PUBLIC RECORDS, ALL IN ACCORDANCE WITH THE "AGREEMENT PLAT ", AS RECORDED IN PLAT BOOK 10 AT PAGE 2, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27; THENCE NORTH 89 °55'38" EAST, ALONG THE NORTH LINE OF SAID SECTION 27, A DISTANCE OF 86.08 FEET; THENCE SOUTH 00 0 04'22" EAST, A DISTANCE OF 22.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°55'38" EAST, A DISTANCE OF 216.56 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 88 0 20'52 ", A DISTANCE OF 38.55 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01 °43'30" EAST, ALONG A LINE 15.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOTS 1 THROUGH 6 AND THE EAST LINE OF SAID LOT 41, A DISTANCE OF 549.27 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 10.00 FEET AND A CENTRAL ANGLE OF 91 0 34'03 ", A DISTANCE OF 15.98 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89 °50'33" WEST, ALONG A LINE 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 41, A DISTANCE OF 10.00 FEET TO A POINT OF CUSP OF A CIRCULAR CURVE TO THE LEFT; THENCE EASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 10.00 FEET AND A CENTRAL ANGLE OF 91 0 34'03 ", A DISTANCE OF 15.98 FEET TO THE POINT OF TANGENCY; THENCE NORTH 01'43'30" WEST, ALONG A LINE 25.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT 41 AND LOTS 1 THROUGH 6, A DISTANCE OF 525.69 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 91 A DISTANCE OF 40.02 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 86 °34'01" WEST, A DISTANCE OF 41.95 FEET; THENCE NORTH 76 °46'09" WEST, A DISTANCE OF 50.34 FEET; THENCE SOUTH 89 °55'38" WEST, A DISTANCE OF 129.69 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 25 0 51'49 ", A DISTANCE OF 9.03 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS SOUTH 70 °12'14" EAST (THE LAST FIVE DESCRIBED COURSES BEING COINCIDENT WITH THE SOUTHERLY LINE OF A RIGHT -OF -WAY DEDICATED PER OFFICIAL RECORDS BOOK 23563 AT PAGE 1115 OF SAID PUBLIC RECORDS); THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 70 0 07'51 ", A DISTANCE OF 30.60 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAIN 10,379 SQUARE FEET, MORE OR LESS. C:\ Users \StanzioneT\AppDatalLocal \Microsoft \Windows \Temporary Internet Files \Content.!E5 \SATNOEVN \Ocean_ One _..Ordinance.doc 1 2 3 4 5 6 7: 8 9 10 1� 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 Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this 21" day of March, 2017. SECOND, FINAL READING AND PASSAGE this 4 day of April, 2017. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCtay Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE ATTEST: e Judi h A. Pyle, CMC C' y Clerk (Corporate Seal) C\ Users \StanzioneT\AppData \Local \Microsoft\ Windows \Temporary Internet Files\ Content. lE5\ VAGZE6P0 \Ocean_One_Abandonment_ - _Ordinance doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that The City Commission of the City )f Boynton Beach, Florida, does hereby abandon that portion of the Boynton Beach Boulevard •fight -of -way immediately east of Federal Highway and abutting the north property line of the subject site, which encompasses the current sidewalk improvements and right turn lane onto '1E 6` Court along with the abandonment of the west 10 feet of NE 6` Court, between 3oynton Beach Boulevard and Ocean Avenue, subject to staff comments. The property being abandoned is more particularly described as follows: PORTION OF THE NORTHWEST ONE - QUARTER OF SECTION 27, TOWNSHIP 45 SOUTH, ,ANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, INCLUDING PORTIONS OF LOTS I - HROUGH 6, "FUNK BROS. ADDITION TO THE TOWN OF BOYNTON ", AS RECORDED IN 'LAT BOOK 2 AT PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, LORIDA, AND A PORTION OF LOT 41 "DEWEY'S SUBDIVISION ", AS RECORDED IN 'LAT BOOK 1 AT PAGE 37 OF SAID PUBLIC RECORDS, ALL IN ACCORDANCE WITH THE AGREEMENT PLAT ", AS RECORDED IN PLAT BOOK 10 AT PAGE 2, AND BEING MORE 'ARTICULARLY DESCRIBED AS FOLLOWS: O MM ENCING AT THE NORTHWEST CORNER OF SAID SECTION 27; THENCE NORTH 9 EAST, ALONG THE NORTH LINE OF SAID SECTION 27, A DISTANCE OF 86.08 FEET; THENCE SOUTH 00 °04'22" EAST, A DISTANCE OF 22.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 °55'38" EAST, A DISTANCE OF 216.56 FEET TO THE DINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 88 °20'52 ", A DISTANCE OF 38.55 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01 °43'30" EAST, ALONG A LINE 15.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOTS I THROUGH 6 AND THE EAST LINE OF SAID LOT 41, A DISTANCE OF 549.27 FEET TO THE POINT OF CURVATURE OF A IRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY AND WESTERLY ALONG THE RC OF SAID CURVE, HAVING A RADIUS OF 10.00 FEET AND A CENTRAL ANGLE OF 91 °34'03 ", A DISTANCE OF 15.98 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89 °50'33" WEST, ALONG A LINE 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 41, A DISTANCE OF 10.00 FEET TO A POINT OF CUSP OF A CIRCULAR CURVE TO THE LEFT; THENCE EASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 10.00 FEET AND A CENTRAL ANGLE OF 91 °34'03'', A ISTANCE OF 15.98 FEET TO THE POINT OF TANGENCY; THENCE NORTH 01 °43'30" WEST, ALONG A LINE 25.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT 41 AND LOTS 1 THROUGH 6, A DISTANCE OF 525.69 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 91 0 42'29 ", A DISTANCE OF 40.02 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 86 °34'01 WEST, A DISTANCE OF 41.95 FEET; THENCE NORTH 76 0 46'09" WEST, A DISTANCE OF 50.34 FEET; THENCE SOUTH 89 °55'38" WEST, A DISTANCE OF 129.69 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 25 °51'49 ", A DISTANCE OF 9.03 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS SOUTH 70 14" EAST (THE LAST FIVE DESCRIBED COURSES BEING COINCIDENT WITH THE SOUTHERLY LINE OF A RIGHT -OF -WAY DEDICATED PER OFFICIAL RECORDS BOOK 23563 AT PAGE 1115 OF SAID PUBLIC RECORDS); THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET emporary Internet Files \Content.IE5 \SATNOEVN\ Ocean_ One_Abandonment_ - _Ordinance doc I A CENTRAL ANGLE OF 70 0 07'51 ", A DISTANCE OF 30.60 FEET TO THE POINT OF INNING. ID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, DRIDA, AND CONTAIN 10,379 SQUARE FEET, MORE OR LESS. V WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, lorida, have hereunto set their hands and affixed the seal of the City this V`` day of / , 201T TTEST: Judith A. Pyle, CMC City Clerk CITY OF BOYNTON BEACH, FLORIDA Lori LaVerriere, City Manager TATE OF FLORIDA ) )ss: ' OUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and udith A. Pyle, CMC, City Manager and City Clerk respectively, of the City of Boynton Florida, known to me to be the persons described in and who executed the going instrument, and acknowledged the execution thereof to be their free hand and d as such officers, for the uses and purposes mentioned therein; that they affixed thereto official seal of said corporation; and that said instrument is the act and deed of said )oration. WITNESS my hand and official seal in the said State and County this day of 2017. NOTARY PUBLIC, State of Florida My Commission Expires: C' \UserslS6a zioneT\ AppData\Local\MicrosofllWindows \Temporary Internet Files\ Content. IE51SATNOEVN \Ocean_One_Abandonment_ _Ordinance.doe EXHIBIT "A" 0 20 40 60 120 160 Feet Source: Palm Beach County GIS Digital Data 2006 -2015 Copyright Palm Beach County Florida 2006 -2015 All rights reserved - Subject to a Licence Agreement