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19-021 Return to: (enclose self-addressed stamped envelope) Name: 1111111 11111 11111 111111111 t11111111l 11111111 Address: (:FN 201L 902679e CIT T OF Boy Ulv .EACH (�� ��a J8_�. °a r�EF"' , OFFICE RECORDED 137/22/21319 1tr Palm Beach counts Floc'Ida 19 AOC - I P',, 10: Sharon R. Bad:>CL-ERK & COMPTROLLER f 53 pits 1535 :1542; (8P35) ORDINANCE NO. 19-O a\ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE PARTIAL ABANDONMENT OF AN EXISTING 11 FOOT BY 30 FOOT WIDE PORTION OF A UTILITY EASEMENT ALONG WOOLBRIGHT ROAD AS PART OF THE WAWA PROJECT LOCATED AT WOOLBRIGHT ROAD AND CONGRESS AVENUE, SUBJECT • TO STAFF COMMENTS; AUTHORIZING THE CITY 1 MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL 1 BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC 1 . RECORDS OF PALM BEACH COUNTY, FLORIDA; AND Li PROVIDING AN EFFECTIVE DATE. 1• 1 • WHEREAS, the City is requesting the partial abandonment of a portion of an 1: existing 11 foot by 30 foot wide utility easement recorded December 18, 2000, in ORB 1 12202, Page 1344 of the Public Records of Palm Beach County; and 1: 1. WHEREAS, the abandoned portion of the easement will be dedicated as a public 21 right of way to comply with Palm Beach County's expanded intersection requirements and 2 allow for a required right turn lane from Woolbright Road to Congress Avenue; and 2 2 WHEREAS, the County requires the dedication area to be free and clear of any 2• encumbrances or encroachments,therefore the purpose of the abandonment is to clear title 2• to allow the dedication as a public right of way and the City's utilities will be accessible 2: within the public right of way; and 2 2: WHEREAS, comments have been solicited from the appropriate City 2' Departments, and public hearings have been held before the City Commission on the 31 proposed abandonment; and 3 3 WHEREAS, staff finds that the portion of utility easement no longer serves a 3 public purpose, and the City Commission adopts that finding. 3• 3' NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF 3: THE CITY OF BOYNTON BEACH,FLORIDA THAT: 3 3: Section 1. The foregoing Whereas clauses are true and correct and 3' incorporated herein by this reference. 41 4 Section 2. The City Commission of the City of Boynton Beach, Florida, does 4 hereby partially abandon a portion of an existing 11 foot by 30 foot wide utility easement 4 recorded December 18, 2000, in ORB 12202, Page 1344 of the Public Records of Palm 4• Beach County, subject to staff comments. The property being abandoned is more 4• particularly described as follows: 4: 4 A PORTION OF THE NORTHWEST ONE—QUARTER (NW 1/4) OF SECTION 32, 4: TOWNSHIP 45 SOUTH, RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA AND 4' BEING ALSO KNOWN AS A PORTION OF TRACT H-5 AS MARKED (NOT S:\CA\Ordinances\Abandonments\partial Abandonment 11 foot Utility Easement along Woolbright(Wawa)-Ordinance.docx 5I INCLUDED) ON THE PLAT OF TENTH SECTION, PALM BEACH LEISUREVILLE 51 RECORDED IN PLAT BOOK 30,PAGES 129 THROUGH 141 OF THE PUBLIC RECORDS 5. OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS 5 FOLLOWS: 5, 5' COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT H-5; THENCE 5: S87"39'39"W ALONG A LINE 53 FEET NORTH OF AND PARALLEL WITH THE 5 CENTERLINE OF SOUTHWEST 15TH AVENUE(WOOLBRIGHT ROAD)AS SHOWN ON 5: SAID PLAT, A DISTANCE OF 444.27 FEET; THENCE, DEPARTING SAID LINE, 5• NO2"20'21"W, A DISTANCE OF 7.00 FEET TO A POINT OF INTERSECTION WITH 61 THE NORTH RIGHT—OF—WAY LINE OF SAID SOUTHWEST 15TH 61 AVENUE(WOOLBRIGHT ROAD) , AS RECORDED IN OFFICIAL RECORD BOOK 6 2494, PAGE 586 OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING; 6 THENCE S87"39'39"W ALONG SAID NORTH RIGHT—OF—WAY LINE,A DISTANCE OF 6 30.00 FEET; THENCE NO2"20'21"W, A DISTANCE OF 11.00 FEET; THENCE 6' N87"39'39"E,A DISTANCE OF 30.00 FEET; THENCE S02"20'21"E,A DISTANCE OF 6: 11.00 FEET TO THE POINT OF BEGINNING. 6 6: SAID LANDS LYING IN SECTION 32,TOWNSHIP 45 SOUTH,RANGE 43 EAST,CITY 66 OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA 71 CONTAINING A TOTAL OF 330 SQUARE FEET/0.0076 ACRES MORE OR LESS. 7 7 Section 3. The City Manager is hereby authorized and directed to execute the • 7 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 7- Records of Palm Beach County, Florida. 7. 7: Section 4. This Ordinance shall take effect immediately upon passage. 7 7: FIRST READING this 2- day of * 1 1 ,2019. 7• 81 SECOND, FINAL READING AND PASSAGE THIS IIP day of 3.14....11 , 8 2019. 8. 8 CITY OF BOYNTON BEACH, FLORIDA 8• 8' YES NO 8: 8 Mayor-Steven B. Grant A 6 E��_�A T 8: 8Vice Mayor-Justin Katz y� 9$ 9 Commissioner-Mack McCray 9 9 Commissioner-Christina L. Romelus 9 9' Commissioner-Ty Penserga 9: g VOTE 9: S\CA\Ordinances\Abandonments\partial Abandonment 11 foot Utility Easement along Woolbnght(Wawa)-Ordinance.docx I 9• ATTEST: 10' 101 _"'._...'_`_""-__,,,.., 10 ' 10 ueenester Nieves 10. Deputy City Clerk 10' 10; 10 (Corporate Seal) G1�N �� t V..'o `' �ii 7 ,re. ; Co . O. •by '` � �� - ,.... ,. L L S:\CA\Ordinances\Abandonments\partial Abandonment 11 foot Utility Easement along Woolbright(Wawa)-Ordinance.docx DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of an existing utility easement recorded December 18,2000 in ORB 12202,Page 1344 of the Public Records of Palm Beach County, subject to staff comments. The property being abandoned is more particularly described as follows: A PORTION OF THE NORTHWEST ONE—QUARTER(NW 1/4) OF SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA AND BEING ALSO KNOWN AS A PORTION OF TRACT H-5 AS MARKED(NOT INCLUDED)ON THE PLAT OF TENTH SECTION,PALM BEACH LEISUREVILLE RECORDED IN PLAT BOOK 30, PAGES 129 THROUGH 141 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT H-5; THENCE S87"39'39"W ALONG A LINE 53 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF SOUTHWEST 15TH AVENUE(WOOLBRIGHT ROAD)AS SHOWN ON SAID PLAT,A DISTANCE OF 444.27 FEET;THENCE,DEPARTING SAID LINE, NO2"20'21"W,A DISTANCE OF 7.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH RIGHT—OF—WAY LINE OF SAID SOUTHWEST 15TH AVENUE(WOOLBRIGHT ROAD),AS RECORDED IN OFFICIAL RECORD BOOK 2494, PAGE 586 OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING; THENCE S87"39'39"W ALONG SAID NORTH RIGHT—OF—WAY LINE,A DISTANCE OF 30.00 FEET; THENCE NO2"20'21"W, A DISTANCE OF 11.00 FEET; THENCE N87"39'39"E, A DISTANCE OF 30.00 FEET; THENCE S02"20'21"E, A DISTANCE OF 11.00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA CONTAINING A TOTAL OF 330 SQUARE FEET/0.0076 ACRES MORE OR LESS. IN WITNESS WHEREOF,the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this I$ day of Cd/(1.A , 2019. ATTEST:` CITY OF BOYNTON BEACH, FLORIDA PAID 11 ,111b Nieves Lori LaVerriere, City Manager Deputy City Clerk S:\CA,l rdinances\Abandonments\partial Abandonment I 1 foot Utility Easement along Woolbnght(Wawa)-Ordinance.docx L STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer,for the uses and purposes mentioned therein;that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. W TNESS my hand and official seal in the said State and County this \ _ day of (,t41 0 , 2019. -4 1111V4 lk .°4(ex,--3 Gn,12_. NOTARY PUBLIC, .tate of Florida ,t r ik,c, TAMMY L STANZIONE My Commission Expires:3-a5-‘).,?j * a * Cortunission#GG 306158 a Expires March 25,2023 �,FOF FAS' Booted Thu Budget Notary Services L L S\CA Crdinances\Abandonments\partial Abandonment 11 foot Utility Easement along Woolbnght(Wawa)-Ordinance.doox EXHIBIT "A" DESCRIPTION: A PORTION OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA AND BEING ALSO KNOWN AS A PORTION OF TRACT H-5 AS MARKED (NOT INCLUDED) ON THE PLAT OF TENTH SECTION, PALM BEACH LEISUREVILLE RECORDED IN PLAT BOOK 30, PAGES 129 THROUGH 141 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT H-5; THENCE S87'39'39"W ALONG A LINE 53 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF SOUTHWEST 15TH AVENUE (WOOLBRIGHT ROAD) AS SHOWN ON SAID PLAT, A DISTANCE OF 444.27 FEET; THENCE, DEPARTING SAID LINE, NO2'20'21"W, A DISTANCE OF 7.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF SAID SOUTHWEST 15TH AVENUE(WOOLBRIGHT ROAD) , AS RECORDED IN OFFICIAL RECORD BOOK 2494, PAGE 586 OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING; THENCE S87'39'39"W ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 30.00 FEET; THENCE NO2'20'21"W, A DISTANCE OF 11.00 FEET; THENCE N87'39'39"E, A DISTANCE OF 30.00 FEET; THENCE S02'20'21"E, A DISTANCE OF 11.00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA ICONTAINING A TOTAL OF 330 SQUARE FEET/0.0076 ACRES MORE OR LESS. NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH A SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE ABSTRACTED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, FILE NO. 18127297 JC4, DATE: MARCH 8, 2019 AT 8:00 A.M.. REVISED MARCH 18, 2019 AT 8:31 AM, ALL PLOTTABLE EXCEPTIONS ARE SHOWN. 3. BEARINGS AND DISTANCES SHOWN HEREON ARE RELATIVE TO A GRID BEARING OF S87'39'39"W ALONG THE NORTH RIGHT-OF-WAY LINE OF WOOLBRIGHT ROAD ALSO BEING THE SOUTH LINE OF THAT PARCEL MARKED AS (NOT INCLUDED) TRACT H-5 ON THE PLAT OF TENTH SECTION, PALM LEISUREVILLE, RECORDED IN PLAT BOOK 30, PAGES 129-141 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 4. RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (1990 ADJUSTMENT) BASED ON FIELD MEASUREMENTS. 5. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 6. REFERENCES TO PLAT BOOKS OR OFFICIAL RECORDS BOOK PERTAIN TO THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CERTIFICATE: I I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON JUNE 14, 2019. I 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. SHEET 1 OF 3 CAULFIELD 8, WHEELER, INC. - ,,I,.N,9 br .., David �o� "°°''r DATE 6/14/19 o�-=s��bY�k� CIVIL ENGINEERING - LAND PLANNING Q 'a�W Za;9������r. ;;;0;,:�"' Q LANDSCAPE ARCHITECTURE - SURVEYING `indley ' DRAWN BY DLS 7900 GLADES ROAD - SUITE 100 oaaa BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750-1452 DAVID P. LINDLEY F.B./ PG. N/A REGISTERED LAND WAWA WOOLBRIGHT AND CONGRESS SURVEYOR NO. 5005 SCALE NONE BOYNTON UE ABANDONMENT STATE OF FLORIDA SKETCH OF DESCRIPTION L.B. 3591 JOB NO. 7835aban EXHIBIT "A" w D _J Z LI) Q > 07 I Q Ld I- H- Q NORTH w u) Q 0 cL LOCATION MAP z I— NOT TO SCALE o PROJECT z LOCATION w WOOLBRIGHT ROAD ISECTION 32 TOWNSHIP 45 SOUTH, RANGE 43 EAST NOTES COORDINATES, BEARINGS AND DISTANCES COORDINATES SHOWN ARE GRID DATUM = NAD 83 (90 ADJUSTMENT) ZONE = FLORIDA EAST LINEAR UNIT = US SURVEY FEET COORDINATE SYSTEM 1983 STATE PLANE TRANSVERSE MERCATOR PROJECTION ALL DISTANCES ARE GROUND SCALE FACTOR = 1.000042659 GROUND DISTANCE X SCALE FACTOR = GRID DISTANCE BEARINGS AS SHOWN HEREON ARE GRID DATUM, NAD 83 (90 ADJUSTMENT), FLORIDA EAST ZONE. ROTATION EQUATION, GRID TO PLAT LEGEND 00.23'13" CLOCKWISE - CENTER LINE P.O.C.- POINT OF COMMENCEMENT B.E. - BUFFER EASEMENT PGS - PAGE(S) R - RADIUS D.E. - DRAINAGE EASEMENT R/W - RIGHT-OF-WAY ESMT. - EASEMENT RGE. - RANGE F.P.L.-FLORIDA POWER & LIGHT SEC - SECTION L - ARC LENGTH A - DELTA (CENTRAL ANGLE) L.A.E. - LIMITED ACCESS EASEMENT TWP. - TOWNSHIP O.R.B. - OFFICIAL RECORD BOOK P.B. - PLAT BOOK U.E. - UTILITY EASEMENT P.B.C.R. - PALM BEACH COUNTY RECORD W.E. - WATER EASEMENT P.O.B. - POINT OF BEGINNING S.E. - SANITARY EASEMENT SHEET 2 OF 3 CAULFIELD a WHEELER, INC. DATE 6/14/19 CIVIL ENGINEERING - LAND PLANNING I , ' LANDSCAPE ARCHITECTURE - SURVEYING DRAWN BY DLS 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750-1452 F.B./ PG. N/A WAWA WOOLBRIGHT AND CONGRESS SCALE NONE BOYNTON UE ABANDONMENT SKETCH OF DESCRIPTION JOB NO. 7835aban I I EXHIBIT "A" 10'X148' FPL ESMT 10'X148' FPL ESMT-ji (ORB 12020, PG 605)1 12020, PG 605) 1 TRACT H-5 I UNPLATTED (PLAT BOOK 30, PAGES i P.O.C. 129-141) — — I— — S.E. CORNER OF THE MARKED (NOT INCLUDED) TRACT H-5 ON THE PLAT OF 30'X30' WATER ESMT 1 TENTH SECTION, PALM LEISUREVILLE (ORB 12202, PG 1344) I 1 1 (PLAT BOOK 30, PAGES 129-141) N87'39'39"E I 30.00 30'X30' WA R SMT (ORB 12202, PG 1344) 20'21"E 11.00' h o NO2'20'21"W- 1 or P.O.B. 11.00' --\\ 7' RAW ,�NO27.00' '20'21"W S87'39'39'W(GRID)— 444.27' (ORB 2494, PAGE 58:) — _ — — — — — — — — BEARING BASIS S87'39'39"W 30.00' o N. RIGHT-OF-WAY LINE q (ORB 1736, PG 688) w o S.W. 15TH AVENUE/WOOLBRIGHT ROAD 0 c" (PUBLIC RIGHT-OF-WAY) (WIDTH VARIES) (ORB 1736, PG 688) 4 S87'39'39"W (GRID) — — — -- — /I\ GRAPHIC SCALE ( IN FEET ) 0 10 20 40 \0 T H INTENDED 1 INCH DISPLAY20 FEET ALE SHEET 3 OF 3 CAULFIELD 8, WHEELER, INC. DATE 6/14/19 CIVIL ENGINEERING - LAND PLANNING I , ' LANDSCAPE ARCHITECTURE - SURVEYING DRAWN BY DLS 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750-1452 F.B./ PG. N/A WAWA WOOLBRIGHT AND CONGRESS SCALE 1"=20' BOYNTON UE ABANDONMENT SKETCH OF DESCRIPTION JOB NO. 7835aban