19-043 I Il1i111111111111111111111111111111111111 I11
(=FM 20190469171
OR Bk 31113 PG 14 ' 4
RECORDED 12/26/2019 10:44:38
Palm Beach County, Florida
ORDINANCE NO. 19-000ron R. Bock,CLERK 6 COMPTROLLER
P9s 1444 - 1446; (3P95)
1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE ABANDONMENT OF AN FP&L
1 UTILITY EASEMENT WITHIN THE OCEAN BREEZE EAST
DEVELOPMENT, LOCATED AT 100 NE 7TH AVENUE.
I APPLICANT: LEWIS SWEZY, OCEAN BREEZE EAST
APARTMENTS LLC.; AUTHORIZING THE CITY MANAGER
M TO EXECUTE A DISCLAIMER, WHICH SHALL BE
11RECORDED WITH THIS ORDINANCE IN THE PUBLIC
11 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND
1► PROVIDING AN EFFECTIVE DATE.
11
1` WHEREAS, Lewis Swezy of Ocean Breeze East Apartments, LLC., is requesting
1g abandonment of the 12 foot wide FP&L utility easement located along the west property
1M line of Lot 3 of Block 1, Country Club Estates and running east to the east property line of
11 Lot 12 of Block 1, Country Club Estates for a distance of approximately 505 feet; and
1:
1M WHEREAS, the abandonment of this easement was a Condition of Approval of
.1 the approved Site Plan for Ocean Breeze East and the abandonment application has been
submitted to satisfy that condition; and
.1 WHEREAS, the applicant has received a letter of "no objection" from FP&L
indicating the abandonment would be contingent upon the applicant granting any necessary
1 easement to FP&L to provide electrical service to the project and relocating any existing
.` utilities that may be located within the easement proposed for abandonment; and
IWHEREAS, comments have been solicited from the appropriate City
Departments, and public hearings have been held before the City Commission on the
proposed abandonment; and
r. WHEREAS, staff finds that the subject abandonment serves a greater public
Ipurpose, and therefore recommends approval of the applicant's request.
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.
•
1 Section 2. The City Commission of the City of Boynton Beach, Florida, does
hereby abandon a twelve (12) foot-wide FP&L utility easement located along the west
property line of Lot 3 of Block 1,Country Club Estates and running east to the east property
line of Lot 12 of Block 1, Country Club Estates for a distance of approximately 505 feet.
;� The property being abandoned is more particularly described as follows:
S:\CA\Ordinances\Abandonments\Abandonment of FPL Utility Easement(Ocean Breeze East)-Ordinance docx
5 THE NORTH 12.0 FEET OF THE SOUTH 25.0 FEET OF LOTS 3
THROUGH 10 AND LOT 12, BLOCK 1, PALM BEACH
COUNTRY CLUB ESTATES, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 43,
5 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
5
5
5
5 Section 3. The City Manager is hereby authorized and directed to execute the
5 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public
6' Records of Palm Beach County, Florida.
Section 4. This Ordinance shall take effect immediately upon passage.
FIRST READING this L day of December, 2019.
SECOND, FINAL READING AND PASSAGE THIS 102day of teep,etkr, 2019.
6A
CITY OF BOYNTON BEACH,FLORIDA
A YES NO
M
M Mayor—Steven B. Grant t/
N
1
G Vice Mayor—Justin Katz 4650 }-
M Commissioner—Mack McCray (./
M
Commissioner—Christina L. Romelus ✓
• Commissioner—Ty Penserga
.N
•11 VOTE y-0
II
ATTEST:
li 74
44/al Gibson, MMC zoo. •'E ••. ,y
•� City Clerk DYrho ' '• '
7, ,
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•! Coorate Seal
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SACAtOrdinances\Abandonments\Abandonment of FPL Utility EasehM1llOwaft eze East)-Ordinance.docx
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the
City of Boynton Beach, Florida, does hereby abandon a twelve (12) foot-wide FP&L utility
easement located along the west property line of Lot 3 of Block 1, Country Club Estates and
running east to the east property line of Lot 12 of Block 1, Country Club Estates for a distance
of approximately 505 feet. The property being abandoned is more particularly described as
follows:
THE NORTH 12.0 FEET OF THE SOUTH 25.0 FEET OF
LOTS. 3 THROUGH 10 AND LOT 12, BLOCK 1, PALM BEACH
COUNTRY CLUB ESTATES, ACCORDING TO THE PLAT
THEREOF AS RECORDED •IN PLAT BOOK 11, PAGE 43,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
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 11 day of
December, 2019.
CITY OF BOYNTON BEACH,
FLORIDA
9?1,s.
,//%/
Cr stal Gibson, MM Lori LaVerriere, City anagen
City Clerk �Q
STATE OF FLORIDA f3oYw10
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.
WITNESS my hand and official seal in the said State and County this VA day of December,
2019.
zs/it/I`� w_At i/i L%
o��Y Ppen TAMMY L STANZIONENOTARY PUB ', tate of ion,a
' Commission#GG 306158
, x My Commission Expires:3_
cExpires March 25,2023
4at bootei ttw 644tetNotary Se tces
S: •rdinancestAbandonments\Abandonment of FPL Utility Easement(Ocean Breeze East)-Ordinance.docx