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.
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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
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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
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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
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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
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