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17-0171 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 3 36 37 38 39 40 41 42 43 44 45 46 47 C � }i�� �0 fit`, ORDINANCE NO. 17- 017 I 1 002- CF14 201'7029:3961 RECORDED 081/1-4/20i'7 1241�0 Naltd Beach ComUjy Florida 4 .f ht7rotn tam BYaz0..t;PCLERK.. & COMPTROLL AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF AN EXISTING 12 FOOT WIDE UTILITY EASEMENT WITHIN THE FORMER VERZAAL (LANDSCAPE) NURSERY PARCEL LOCATED ON FLAVOR PICT ROAD WEST OF MILITARY TRAIL, 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, the owner /developer, is requesting the abandonment of an existing 12 foot wide utility easement recorded January 20, 1998, in ORB 10870, Page 1891 of the Public Records of Palm Beach County; and WHEREAS, the parcel is being acquired to be utilized for the purpose of Phase II Flavor Pict Townhomes Development; and WHEREAS, the developer has dedicated separate City of Boynton Beach Utility easements associated with adjacent Phase - I Townhome property as part of their recorded Plat and the Phase — II utility easements will be dedicated in the same manner; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City Commission on the proposed abandonment; and WHEREAS, staff finds that the utility easement 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. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon an existing 12 foot wide utility easement recorded January 20, 1998, in ORB 10870, Page 1891 of the Public Records of Palm Beach County, subject to staff comments. The property being abandoned is more particularly described as follows: See Exhibit "A" attached hereto. C'\ Users \stanzione- AppData \Local \Microsoft \Windows \Temporary Internet Files \Content. IE51SATNCEVMAbandon_l2_ foot_ Utility _Easemenl_landscape_nursery_ Ordinance.doc 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62. 63 64 65 66 7 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 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 20 day of June, 2017. SECOND, FINAL READING AND PASSAGE THIS I F day of —JUAaz 2017. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus .. Commissioner — Joe Casello VOTE'' r ATTEST: ° �,, Judith A. Pyle, CMC ; City Clerk (Corporate Sea]) C:( Users\ StanzioneT\ AppDatalLocal \Microsoft\Windows\Temporary Internet Files\ Content .IE51SATNCEVN1Abandon_12_ foot_ Uti! ity _Easement_landscape_nursery_• _Ordinance.doc 'll("A "I p 11 0N: ALL OF THAT CERTAIN CITY OF BOrsITON BEACH UTILITY EASEMENT RECORDED IN OFFICIAL RECORD BOOK 10270, PAGE 1891 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING h ORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 2; THENCE S.01'53'38 "E. ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 43.16 FEET; THENCE N.89°11'03 "E. ALONG THE SOUTH RIGHT -0I -WAY LINE OF FLAVOR PICT ROAD, AS RECORDED IN OFFICIAL RECORD BOOK 8709, PAGE 216 OF SAID PUBLIC RECORDS, A DISTANCE OF 9.81 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.89'11'03 "E. ALONG SAID RIGHT -OF -WAY LINE, A DISTANCE OF 19.92 FEET; THENCE S.52'08'37 "W., A DISTANCE OF 57.84 FEET; THENCE S.01`20 * 08 "E., A DISTANCE OF 159.24 FEET; THENCE S.09'32'40 "E., A DISTANCE OF 49.91 FEET; THENCE N.85"17'52 "E., A DISTANCE OF 8.27 FEET, THENCE N.01'36'29 "W., A DISTANCE OF 6.96 FEET; THENCE N.88'23'31'"E., A DISTANCE OF 12.00 FEET; THENCE S.01'36'29 "E., A DISTANCE OF 33.16 FEET, THENCE 5.88'23'31 "W., A DISTANCE OF 12.00 FEET; THENCE N.01'36'29 "W., A DISTANCE OF 11.18 FEET; THENCE S.85'17'52 "W., A DISTANCE OF 18.65 FEET; 'THENCE N.0932'40 "W., A DISTANCE OF 56.74 FEET; THENCE N.84'48'24 "W., A DISTANCE OF 24.98 FEET; THENCE N.05'11'36 "E., A DISTANCE OF 12.00 FEET; THENCE S.84'48'24 "E., A DISTANCE OF 22.88 FEET; THENCE N.01 "20'08 "W., A DISTANCE OF 102.81 FEET; THENCE S.87'52'02 "W., A DISTANCE OF 13.56 FEET; THENCE N.12'09'03 "W., A DISTANCE OF 16.09 FEET, THENCE N.02'39'23 "E., A DISTANCE OF 7.53 FEET; THENCE S.87'20'37 "E., A DISTANCE OF 16.09 FEET; THENCE N.01"20'08 "W., A DISTANCE OF 34.17 FEET; )THENCE N.52'08'37 "E., A DISTANCE OF 47.99 FEET TO THE POINT OF BEGINNING. LANDS SITUATE IN PALM, BEACH COUNTY, FLORIDA. CONTAINING 4,453 SQUARE FEET /0.1022 ACRES MORE OR LESS. OI : 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMUITS OF RECORD. 3. BEARINGS SHOi'N HEREON ARE RELATIVE TO A GRID BEARING OF N.89`11'03 "E. ALONG THE SOUTH RIGHT- OF -6lAY LINE OF FLAVOR PICT ROAD, AS RECORDED IN OFFICIAL RECORD BOOK 8709, PAGE 216 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, RELATIVE TO 111E FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (1990 ADJUSTMENT) - 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. DATA SHO':1N HEREON WAS COMPILED FROM INSTRUMENT'S OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. CERTIFICAM I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST Cr MY KNOWLEDGE AND BELIEF AS PREPARED UNDER SAY DIRECTION ON APRIL. 4, 2017. 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER 5J -17 ADOPTED BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027 CAULFIELD & WHEELER, INC. CIVIL ENGINEERING - LAND SURVEYING l 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (560- 392 -1991 / FAX (560- 750 -1452 A10I PIC'I' ' {U' I , . _ 'S Cf 4 I" BOYN ION BEACH AS D r ,VID P. UNDLEY GISTERED LAND RVEYOR NO. 500 ATE OF FLORIDA S. ' e 1 OF 2 DATE 4/04/17 ill F.B./ PG. N/A SCALE AS SHOWN IIJOB NO. 6675ABANI N. LINE OF THE S.E. 1/4 OF SECTION 2 TOWNSHIP 46 SOUTH. RANGE 42 EAST N P . O INT OF COMMENCEMEN1 E. UNE OF THE S.W. 1/4 OF THE S.E. 1/4 OF N.E. CORNER OF THE SM. 1/4 OF THE S.E. 1/4 OF 0 1 e'--- (W BEG SECTION 2. TOWNSHIP 46 SOUTH, RANGE 41-2 EAST INNING IFILM/M 'r"-;C!.* ROAD, �g 1 RIGHT-OF-WAY VIADTH VARIES ml N c-'r3ka E: Wl 2'Cl9'03 4 1 6. n. 9 ` 13. z ` \ -S. RIGHT-OF-WAY LINE (O.R.B. 8709, PAGE 216) BEARING BASIS 1 'ME. SLE. 1/4- OF SEC'noN 2 TOWNSHIP 46 SIGNUTH, RANGE 42 EAST S54'46WE 2Za8'--\ t�B �� 4. G & 1 OXTY OF BOYNTON BEACH � U'PlUTY EASEMMT co .1 (,.R... 1 0270, PAGE 189 58517 NOV36"29"W 14.12= N 8 8`2 W3 1 "E let. 00' 0 1 75 W2. 9 0 E q 6 0 CAULFIELD & WHEELER, INC. fv �` Ewa �� CIVIL ENGINEERING - LAND SURVEYING 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (560-392-1991 / FAX (560-750-1452 1 3,0 1 i 'MMIN BEACH 2:,A- .T ABANDONMENT VIVE'lM, OF DESCRIPMON S88'23'31 "W i. 2'. Co' SHEEET 2 OF' 2 FD 4/0 F.B./ PG. N/A SCALE AS SHOWN JOB NO, 6675ABANII DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon an existing utility easement recorded January 20, 1998, in ORB 10870, Page 1891 of the Public Records of Palm Beach County, subject to staff comments. The property being abandoned is more particularly described as follows: See Exhibit "A" attached hereto. IN WITNESS WHEREOF, the duly authorised officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day ofd., 2017 ATTES�: � OF BOYNTON BEACH, FLORIDA J�}itn A. Pyle, CMC " i LaVerriere, City Manager C tv Clerk STATE OF FLORIDA )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and Judith A. Pyle, 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 to be their free hand and deed as such officers, for the uses and purposes mentioned therein; 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 day of 2017. C: 1User4\$ tanzioneTlAppData \LocallMicrosoft\Windows \Temporary Internet Files\ Content .IE5 \SATNOEVN\Abandon_12_ foot_ Utility _Ease7ent_landscape_nursery_