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19-029 Return to: (enclose self-addressed stamped envelope) Name: Address: 1 11 1111 1 1111 11111 11111 11111 11111 111 11 1111 1111 .1 'Jr BC.111 UFi BEACH CF- 14 t l ; CLERK'S OFFICE f_.::01 BK 30968 PG 0-774 RECORDED 10/21/2019 11:42:09 NOV -4 C'1 I1: I ? Palm Beach Countia, Florida Sharon R. OoCkrCLERK & COMPTROLLER Pss 0774 - 778; (5p9s) 1 ORDINANCE NO. 19-029 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE ABANDONMENT OF A 5 PORTION OF THE UNIMPROVED NE 3RD STREET RIGHT- 6 OF-WAY, NORTH OF NE 9TH AVENUE IN CONNECTION 7 WITH THE DEDICATION OF PROPERTY FROM THE 8 BOYNTON BEACH COMMUNITY REDEVELOPMENT 9 AGENCY (CRA) AND REALIGNMENT,AND EXTENSION OF 10 NE 3RD STREET FROM NE 9TH AVENUE TO MARTIN LUTHER 11 KING JR BOULEVARD; SUBJECT TO STAFF COMMENTS; 12 AUTHORIZING THE CITY MANAGER TO EXECUTE A 13 DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS 14 ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH 15 COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE 16 DATE. 17 18 WHEREAS,the CRA has acquired property along the west side of the current NE 19 3rd Street right-of-way, and a parcel immediately north of the terminus of NE 3rd Street,in 20 an effort to create an improved 50 foot wide street right-of-way connecting NE 9th Avenue 21 to Martin Luther King, Jr. Boulevard; and 22 23 WHEREAS, the abandonment, in conjunction with the dedication of land to the 24 NE 3rd Street right-of-way, and ultimate construction of the road, will also provide an 25 improved street frontage for the proposed future location of the Community Caring Center; 26 and 27 28 WHEREAS,on July 9,2019,the CRA Board,approved dedication of CRA-owned 29 property for NE 3rd Street right-of-way and acceptance of the abandonment of a portion of 30 the existing right-of-way which will allow the right-of-way to be straightened and extended 31 to Martin Luther King, Jr. Boulevard; and 33 WHEREAS, the small sliver portion of the right-of-way to be abandoned will be 34 added to the CRA-owned lots for the proposed development of the Community Caring 35 Center project; and 36 37 WHEREAS, comments have been solicited from the appropriate City 38 Departments, and public hearings have been held before the City Commission on the 39 proposed abandonment; and 40 41 WHEREAS,staff finds that the subject abandonment,combined with the proposed 42 right-of-way dedication, and subsequent roadway construction, serves a greater public 43 purpose, and therefore recommends approval of the applicant's request. 44 45 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF 46 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 47 48 Section 1. The foregoing Whereas clauses are true and correct and 49 incorporated herein by this reference. C\Users\StanzioneTWppData\Local\Microsoft\Windows\INetCache\IE\HE6MEH3X\Abandonment_of_a_portion_unimproved_ROW_(NE_3rd_ST)__Ordinance docx 50 51 Section 2. The City Commission of the City of Boynton Beach, Florida, does 52 hereby abandon a portion of the unimproved NE 3`d Street right-of-way, north of NE 911 53 Avenue to realign and extend NE 3`d Street from NE 9th Avenue to Martin Luther King Jr. 54 Boulevard, subject to staff comments. The property being abandoned is more particularly 55 described as follows: 56 57 A PORTION OF AUSTRALIAN BOULEVARD RIGHT OF WAY(ALSO 58 KNOWN AS NORTHEAST 3RD STREET), OF THE PLAT OF ARDEN 59 PARK ADDITION TO BOYNTON FLA,AS RECORDED IN P L A T BOOK 02, 60 PAGE 96,OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, 61 FLORIDA, MORE PARTICULARLY DESCRIBED AS: 62 63 BEGIN AT THE SOUTHWEST CORNER OF LOT 156 OF THE SAID PLAT 64 OF ARDEN PARK ADDITION TO BOYNTON FLA, THENCE RUN 65 N00°36'53"E A DISTANCE OF 147.57 FEET, TO THE SOUTHWEST 66 CORNER OF LOT 4 OF THE PLAT OF ROBERT WELLS' SUBDIVISION, 67 AS RECORDED INPLAT BOOK 11, PAGE 66; THENCE RUN ALONG 68 THE SOUTH LINE OF SAID LOT 4 S90°00'00"E FOR A DISTANCE OF 69 18.87 FEET TO A POINT AT THE INTERSECTION OF THE SAID SOUTH 70 LINE OF LOT 4 AND THE EAST RIGHT OF WAY LINE OF AUSTRALIAN 71 BOULEVARD (ALSO KNOWN AS NORTHEAST 3RD STREET);THENCE 72 RUN ALONG THE SAID EASTERLY RIGHT OF WAY LINE OF 73 AUSTRALIAN BOULEVARD S07°53'54"W A DISTANCE OF 148.98 FEET 74 TO THE POINT OF BEGINNING; 75 76 SAID LANDS LYING AND BEING INPALM BEACH COUNTY,FLORIDA, 77 AND CONTAINING 0.032 ACRES, MORE OR LESS.. 78 79 Section 3. The City Manager is hereby authorized and directed to execute the 80 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 81 Records of Palm Beach County, Florida. 82 83 Section 4. This Ordinance shall take effect immediately upon passage. 84 85 111 FIRST READING this (7 day of , 2019. 86 87 88 (Remainder of page intentionally left blank) 89 90 C1Users\StanzioneTVippData\Local\Microsoft\Windows\INetCache\IE\HE6MEHMAbandonment_of_a_portion unimproved_ROW(NE_3rd ST)__Ordinance.docx 91 SECOND, FINAL READING AND PASSAGE THIS /' day of OckIcker 92 2019. 93 94 CITY OF BOYNTON BEACH, FLORIDA 95 96 YES NO 97 98 Mayor— Steven B. Grant 99 100 Vice Mayor—Justin Katz 101 102 Commissioner—Mack McCray 103 104 Commissioner—Christina L. Romelus ✓ 105 106 Commissioner—Ty Penserga t/ 107 108 VOTE 109 110 ATTEST: 111 112 ( ���TY�y1Q�►. 113 114 C stal Gibson, MMC 115 City Clerk 116 117 118 . .(Corporate Seal) ,c, 7o 4 s� : o o�y C:\UserslStanzioneT\AppData\Local\Microsoft\Windows\INetCache\IE\HE6MEH3XWbandonment—oi a_portion_unimproved_ROW_(NE 3rd_ST)__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 the unimproved NE 3rd Street right-of-way, north of NE 9th Avenue to realign and extend NE 3rd Street from NE 9th Avenue to Martin Luther King Jr.Boulevard,subject to staff comments. The property being abandoned is more particularly described as follows: A PORTION OF AUSTRALIAN BOULEVARD RIGHT OF WAY(ALSO KNOWN AS NORTHEAST 3RD STREET), OF THE PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA,AS RECORDED IN PLAT BOOK 02, PAGE 96, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA, MORE PARTICULARLY DESCRIBED AS: BEGIN AT THE SOUTHWEST CORNER OF LOT 156 OF THE SAID PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA,THENCE RUN NOO°36'53"E A DISTANCE OF 147.57 FEET,TO THE SOUTHWEST CORNER OF LOT 4 OF THE PLAT OF ROBERT WELLS' SUBDIVISION,AS RECORDED IN PLAT BOOK 11, PAGE 66;THENCE RUN ALONG THE SOUTH LINE OF SAID LOT 4 S90°00'00"E FOR A DISTANCE OF 18.87 FEET TO A POINT AT THE INTERSECTION OF THE SAID SOUTH LINE OF LOT 4 AND THE EAST RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD (ALSO KNOWN AS NORTHEAST 3RD STREET); THENCE RUN ALONG THE SAID EASTERLY RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD S07°53'54"W A DISTANCE OF 148.98 FEET TO THE POINT OFBEGINNING; SAID LANDS LYING AND BEING IN PALM BEACH COUNTY,FLORIDA, AND CONTAINING 0.032 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 \C ) day of Oc s-c' 2019. CITY OF BOYNTON BEACH, FLORIDA /7 4 __ 4z // • • C stal Gibson,MM( u Lori LaVernere, City Manager City Clerk o� BOYN 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 C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\INetCache\IE\DHL1 S8RX\Abandonment_of_aportion_unimproved_ROW_(NE_3rd_ST)__Ordinance.docx 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. WITNESS my hand and official seal in the said State and County this \O day of , 2019. wagLSUJQ10NE •''." ,* Comte*� ��/YYI/YI'CQ Ka- n (.7L� ExpY� , NOTARY PUB C, tate of Fl 'da °o"de0ngo`'°lowil My Commissio Expires:3- a -�3 C:\Users\StanzioneT\AppData\Local\Microsof\Windows\INetCache\IE\DHL1 S8RXWbandonment_of_a_portion_unimproved_ROW_(NE_3rd_ST)_-_Ordinance.doac