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HOU:3 NfOIMOS OR Bk 31587 F'G 090 1
RECORDED 07/21/2020 10:35:15
ORDINANCE NO. 20-Olm Beach County, Florida
aron R. Bock,CLERK & COMPTROLLER
F'9s 0901 - 909; (9a9s)
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE ABANDONMENT OF
EASEMENTS ASSOCIATED WITH THE RIVERWALK PLAZA
REDEVELOPMENT PROJECT, LOCATED AT 1532 S.
FEDERAL HIGHWAY;AUTHORIZING THE CITY MANAGER
•
TO EXECUTE A DISCLAIMER, WHICH SHALL BE
RECORDED WITH THIS ORDINANCE IN THE PUBLIC
1 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND
1 PROVIDING AN EFFECTIVE DATE.
1 '
1 : WHEREAS, Soraya Conserve of Flynn Engineering Services, on behalf of Isram
1 ' Riverwalk LLC and Restaurant Holdings, Inc., is requesting abandonment of a portion of
1 • four (4) separate utility easements and two (2) ingress / egress easements within the
1 Riverwalk Plaza and Prime Catch Restaurant properties, in connection with the approved
1 ' redevelopment plan; and
1 :
1 ; WHEREAS, The City's Utilities Department has reviewed the requests for
21 abandonment of these water and sanitary sewer easements and has no objection to the
2 abandonments, subject to the ultimate relocation of these facilities into replacement
2easements. All other utility providers responded with "no objection” as well, conditioned
2: upon relocation of their facilities (if needed) into newly dedicated easements. Relative to
2' the two (2) ingress / egress easements, the applicant has provided a new easement
2. dedication to replace the existing; 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
2: proposed abandonment; and
3,
3 WHEREAS, staff finds that the subject abandonments serve a greater public
3' purpose, and therefore recommends approval of the applicant's request.
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 incorporated
3: herein by this reference.
3:
40 Section 2. The City Commission of the City of Boynton Beach, Florida, does
4 hereby abandon easements associated with the Riverwalk Plaza redevelopment project,
4' located at 1532 S. Federal Highway. The property being abandoned is more particularly
4: described as follows:
4,
4. Utility Easement A: See Attached Exhibit"A"
4.
4 Utility Easement B: See Attached Exhibit"B"
4:
4: Utility Easement C: See Attached Exhibit"C"
{S:\CAtOrdinancestAbandonmentS Abandonment of Utility Easements(Riverwalk Plaza)0.docs
5)
5 I Utility Easement D: See Attached Exhibit"D"
52
53 Ingress/Egress Easement 1 & 2: See Attached Exhibit"E"
54
55
56
5' Section 3. The City Manager is hereby authorized and directed to execute the
53 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public
59 Records of Palm Beach County, Florida.
6
6 Section 4. This Ordinance shall take effect immediately upon passage.
6
6
6 FIRST READING this 0d�'day of 5wte , 2020.
6.
6.
6' SECOND, FINAL READING AND PASSAGE THIS 7 day of -S-14 , 2020.
6:
6; CITY OF BOYNTON BEACH,FLORIDA
71
7 YES NO
7'
7: Mayor-Steven B. Grant t/
7,
7. Vice Mayor-Ty Penserga ✓
7.
7' Commissioner-Justin Katz
7. ✓7; Commissioner-Woodrow L. Hay
81
8 Commissioner-Christina L. Romelus
8'
8 VOTE
8•
8. ATTEST:
8•
8'
83
8 a C stal Gibson, MM
9) City Clerk
91
92
93 (Corporate Seal)
{S:\CA\Ordinances Abandonments\AbandohYneglgf\ytility basements(Riverwalk Plaza)0 docx
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of
Boynton Beach, Florida, does hereby abandon easements associated with the Riverwalk Plaza
redevelopment project, located at 1532 S. Federal Highway. The property being abandoned is more
particularly described as follows. The property being abandoned is more particularly described as
follows:
Utility Easement A: See Attached Exhibit"A"
Utility Easement B: See Attached Exhibit"B"
Utility Easement C: See Attached Exhibit"C"
Utility Easement D: See Attached Exhibit"D"
Ingress/Egress Easement 1 & 2: See Attached Exhibit"E"
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 1 day of
, 2020.
ITY OF BOYNTON BEACH, FLORIDA
. u
W��! .A,__, 'id" �� Q „I. �. 4.....4_ —_ •
C, stal Gibson, MC ` 0,., <Z1 or . errier-, Ci Manager
City Clerk , soys 9'
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared by means of physical
presence or ❑ online notarization, 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 \3 day of
a , 2020.
NOTARY PUB , State of F1 ri
My Commission Expires:3 j$—23
604,.Y rued Taw(L STANZIONE
{S.\CA\Ordinances\Abandonments\Abandonment of Utility Easements(Riverwalk Plaza)().docx 2 �` , x Commission#GG 306158
^T' a� Expires March 25,2023
w 9rr,OP BoraodTtriBudget Notary Swims
DESCRIPTION OF 10' EASEMENT IN O.R.B. 9500, PAGE 251 TO BE ABANDONED
COMMENCING AT THE NORTHWEST CORNER OF SECTION 34,TOWNSHIP 45 SOUTH, RANGE 43 EAST;
THENCE S.00°59'57"E,A DISTANCE OF 50 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE FOR S.E.
15TH AVENUE, FORMERLY WOOLBRIGHT ROAD: THENCE N.89°41'13"E., ALONG SAID RIGHT-OF-WAY
LINE, A DISTANCE OF 62.92 FEET TO THE EASTERLY LINE OF SAID 10 FEET WIDE UTILITY
EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 1868, PAGE 887 PUBLIC RECORDS OF PALM
BEACH COUNTY,
FLORIDA;THENCE S.02°31'25"W., A DISTANCE OF 16.39 FEET; THENCE S.68°07'43"E., A DISTANCE OF
124.43 FEET; THENCE S.71°43'22"E, A DISTANCE OF 128.55 FEET; THENCE S.54°34'04"E.,A DISTANCE OF
28.57 FEET TO THE POINT OF THE BEGINNING OF THE SAID 10 FEET WIDE UTILITY EASEMENT RE-
ALIGNMENT; THENCE N.89°41'13"E.,A DISTANCE OF 79.06 FEET; THENCE S.00°38'48"E.,A DISTANCE
OF 57.14 FEET MORE OR LESS CONNECTING WITH THE EASTERLY MOST LINE OF SAID EASEMENT;
THENCE N.54°34'04"W., A DISTANCE OF 12.37 FEET; THENCE N.00°38'48"W.,A DISTANCE OF 39.91
FEET; THENCE S.89°41'13"W., A DISTANCE OF 72.34 FEET; THENCE N.17°33'35"E., A DISTANCE OF 10.51
FEET MORE OR LESS TO THE POINT OF BEGINNING.
BEARING DATUM FOR THIS DESCRIPTION:
The West line said section 34 is assumed to bear S.00°59'57"E, and all bearing cited herein are relative therefrom.
SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA IN PLAT BOOK 129,
PAGE 140 OF PALM BEACH COUNTY,FLORIDA PUBLIC RECORDS
Exhibit"A"
DESCRIPTION OF 12' WATER LINE EASEMENT IN O.R.B. 10206, PAGE 1092 TO BE
ABANDONED
COMMENCING AT THE NORTHWEST CORNER OF SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST;
THENCE SOUTH 00°59'57" EAST ALONG THE WEST LINE OF SAID SECTION 34 (ALL BEARINGS
HEREON ARE RELATIVE THERE FROM)A DISTANCE OF 50 FEET TO THE SOUTHERLY RIGHT-OF-WAY
LINE FOR SOUTHEAST 15TH AVENUE,FORMERLY WOOLBRIGHT ROAD AS NOW LAID OUT AND IN
USE AS OF NOVEMBER 20, 1997; THENCE NORTH 89°41'13" EAST ALONG SAID RIGHT-OF-WAY,A
DISTANCE OF 52.92 FEET TO THE WESTERLY LINE OF AN EXISTING UTILITY EASEMENT RECORDED
IN OFFICAL RECORD BOOK 1868, PAGE 887 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE SOUTH 02°31'25" WEST, A DISTANCE OF 22.90 FEET; THENCE SOUTH 68°07'43"
EAST, A DISTANCE OF 93.00' FEET TO THE POINT OF BEGINNING OF A NEW 12' WIDE WATER LINE
EASEMENT; THENCE SOUTH 00°41'05" EAST. A DISTANCE OF 90.56 FEET; THENCE SOUTH 46°31'42"
WEST,A DISTANCE OF 24.45 FEET; THENCE SOUTH 00°36'13" WEST,A DISTANCE OF 77.78 FEET,
THENCE SOUTH 89°23'47" EAST, A DISTANCE OF 12.00 FEET; THENCE NORTH 00°36'13" EAST, A
DISTANCE OF 72.70 FEET; THENCE NORTH 46°31'42" EAST,A DISTANCE OF 24.61 FEET; THENCE
NORTH 00°41'05' WEST A DISTANCE OF 90.82 FEET; THENCE NORTH 68°07'43" WEST A DISTANCE OF
12.99 FEET TO THE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION.
SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA AS RECORDED IN PLAT
BOOK PAGE 140 OF PALM BEACH COUNTY, FLORIDA,PUBLIC RECORDS.
Exhibit"B"
DESCRIPTION OF 10' UTILITY EASEMENT IN O.R.B. 1868, PAGE 887 TO BE ABANDONED
A 10.00 foot Utility Easement being a portion of Lots 1 and 2 of ROUSSEAU'S SUBDIVISION as
recorded in Plat Book 1,Page 14, of the Public Records of Palm Beach County, Florida, and a portion of Section 33,
Township 45 South ,Range 43 East, Palm Beach County, Florida,whose centerline is more particularly described as
follows:
Commencing at the intersection of the East Right-of-Way line of U.S. Highway No. 1 and South Right-of-Way of
Southeast 15th Avenue;thence North 89° 43' 15" East along South Right-of-Way line of Southeast 15th Avenue; a
distance of 320.15 feet;thence North 89° 41' 13" East along said South Right-of-way line a distance of 57.92 feet to
the Point of Beginning of this description, said point being further described as the Intersection of the South Right-of-
Way of Southeast 15th Street and the centerline of the aforementioned 10.00 foot Utility Easement;thence South 02°
31'25" West, a distance of 19.68 feet;thence South 68° 07' 43" East a distance of 128.12 feet; thence South 71° 43'
22" East a distance of 127.95 feet; thence South 54° 34' 04" East a distance of 123.09 feet; thence South 0° 38' 51"
East a distance of 329.81 feet; thence South 85° 44' 32" West a distance of 69.97 feet;thence South 66° 55'28" West a
distance of 102.49 feet; thence South 60° 21' 35" West a distance of 83.34 feet;thence South 89° 27' 01" West a
distance of 522.17 feet more or less to the Point of Termination of this description, said point being further described
as being the intersection of said Centerline of a 10.00 foot Utility Easement and the East Right-of-Way line of U.S.
Highway No. 1, said lands situate, lying and being in PALM BEACH COUNTY, Florida
SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA IN PLAT BOOK 129,
PAGE 140 OF PALM BEACH COUNTY,FLORIDA PUBLIC RECORDS
Exhibit"C"
DESCRIPTION OF WATER EASEMENT IN O.R.B. 14592, PAGE 1095 TO BE ABANDONED
BEING AN EASEMENT LYING IN A PART OF SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, TOGETHER WITH THAT PORTION LYING IN LOT 1, ROUSSEAU'S
SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 14, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE RUN SOUTH 00°59'57" EAST
ALONG THE EAST LINE OF SAID SECTION 33 AND THE WEST LINE OF SAID LOT 1 FOR A DISTANCE
OF 50.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF S.E. 15TH AVENUE; THENCE RUN
NORTH 89°41'13" EAST ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE OF 17.08 FEET; THENCE
RUN SOUTH 00°16'45" EAST 80.03 FEET; THENCE RUN NORTH 89°43'15" EAST FOR A DISTANCE OF 10.00
FEET; THENCE RUN SOUTH 00°16'45" EAST FOR A DISTANCE OF 10.00 FEET TO THE POINT OF
BEGINNING OF THE FOLLOWING DESCRIBED WATER EASEMENT; THENCE NORTH 89°43'15" EAST
FOR A DISTANCE OF 4.16 FEET; THENCE SOUTH 40°35'09" EAST FOR A DISTANCE OF 16.42 FEET;
NORTH 49°24'51" EAST FOR A DISTANCE OF 18.54 FEET; THENCE NORTH 89°44'33" EAST FOR A
DISTANCE OF 82.26 FEET; THENCE SOUTH 00°15'27" EAST FOR A DISTANCE OF 12.00 FEET; THENCE
SOUTH 89°44'33" WEST FOR A DISTANCE OF 80.94 FEET; THENCE SOUTH 49°24'51" WEST FOR A
DISTANCE OF 34.42 FEET; THENCE NORTH 40°35'09" WEST FOR A DISTANCE OF 10.00 FEET; THENCE
NORTH 89°24'51" EAST FOR A DISTANCE OF 12.64 FEET; THENCE NORTH 40°35'09" WEST FOR A
DISTANCE OF 24.90 FEET; THENCE NORTH 89°43'15" EAST FOR A DISTANCE OF 8.96 FEET TO THE
POINT OF BEGINNING.
SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA IN PLAT BOOK 129,
PAGE 140 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS.
Exhibit"D"
DESCRIPTION OF INGRESS AND EGRESS EASEMENT IN O.R.B. 14814, PAGE 1246 TO BE ABANDONED
BEING A PART OF SECTION 33, TOWNSHIP 45 SOUTH RANGE 43 EAST, PALM BEACH
COUNTY, FLORIDA,TOGETHER WITH THAT PORTION LYING IN LOT 1, ROUSSEAU'S SUBDIVISION,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE NO 14, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE SOUTH 00°59'57"EAST
ALONG THE EAST LINE OF SAID SECTION 33 AND THE WEST LINE OF SAID LOT 1 FOR A DISTANCE
OF 50.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF S.E. 15TH AVENUE; THENCE RUN
SOUTH 89°43'15" WEST ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE OF 135.14 FEET TO THE
POINT OF BEGINNING; THENCE RUN SOUTH 01°02'15" WEST FOR A DISTANCE OF 182.47 FEET;
THENCE RUN NORTH 89°40'19" EAST FOR A DISTANCE OF 149.03 FEET; THENCE RUN SOUTH 00°15'27"
EAST FOR A DISTANCE OF 30.00 FEET; THENCE RUN SOUTH 89°40'19" WEST FOR A DISTANCE OF
184.72 FEET; THENCE RUN NORTH 01°02'15" EAST FOR A DISTANCE OF 212.50 FEET TO A POINT ON
THE SAID RIGHT OF WAY LINE; THENCE RUN NORTH 89°43'15" EAST ALONG SAID RIGHT OF WAY
LINE FOR A DISTANCE 35.01 FEET TO THE POINT OF BEGINNING.
CONTAINING 11,918.18 SQUARE FEET.
SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA AS RECORDED IN PLAT
BOOK 129, PAGE 140 OF PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS.
LEGAL DESCRIPTION FOR INGRESS AND EGRESS EASEMENT NO.2
BEING A PART OF SECTION 34, TOWNSHIP 45 SOUTH RANGE 43 EAST,PALM BEACH COUNTY,
FLORIDA, TOGETHER WITH THAT PORTION LYING IN LOT 1, ROUSSEAU'S SUBDIVISION,ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE NO 14, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE RUN SOUTH 00°59'57"EAST
ALONG THE EAST LINE OF SAID SECTION 33 AND THE WEST LINE OF SAID LOT 1 FOR A DISTANCE
OF 50.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF S.E. 15TH AVENUE; THENCE RUN
NORTH 89°41'13" EAST ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE OF 21.52 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE NORTH 89°41'13" EAST FOR A DISTANCE OF 38.00 FEET;
THENCE RUN SOUTH 00°24'25" EAST FOR A DISTANCE OF 59.40 FEET TO THE BEGININNG OF A CURVE
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 10.00 FEET; THENCE RUN SOUTHEASTERLY,
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 86°25'06" A DISTANCE OF 15.08
FEET; THENCE RUN SOUTH 86°49'31" EAST FOR A DISTANCE OF 12.74 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 67.64 FEET; THENCE RUN
SOUTHEASTERLY,ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE 60°08'52",A
DISTANCE OF 71.01 FEET; THENCE RUN SOUTH 00°41'05" EAST FOR A DISTANCE OF 40.05 FEET;
THENCE RUN SOUTH 89°44'33" WEST FOR A DISTANCE OF 128.86 FEET; THENCE RUN NORTH 00°15'27"
WEST FOR A DISTANCE OF 15.00 FEET; THENCE RUN NORTH 89°44'33" EAST FOR A DISTANCE OF 73.84
FEET; THENCE RUN NORTH 00°18'50" WEST FOR A DISTANCE OF 15.00 FEET; THENCE RUN NORTH
89°44'33" EAST FOR A DISTANCE OF 26.84 FEET; TO A POINT ON THE ARC OF A NON-TANGENT CURVE
CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 50.00 FEET,THE CHORD OF WHICH BEARS
NORTH 62°01'59" WEST; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 52°11'53",A DISTANCE OF 45.55 FEET TO THE BEGINNING OF A REVERSE
Exhibit"E"
CURVE CONCAVE NORTHEASTERLY,HAVING A RADIUS OF 50.00 FEET; THENCE RUN
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°43'30",A
DISTANCE OF 24.19 FEET; THENCE RUN NORTH 60°24'25" WEST FOR A DISTANCE OF 10.25 FEET TO
THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY,HAVING A RADIUS OF 36.00; THENCE
RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
60°00'00",A DISTANCE OF 37.70 FEET; THENCE RUN NORTH 00°24'25" WEST FOR A DISTANCE OF 53.91
FEET TO THE POINT OF BEGINNING.
CONTAINING 8246.14 SQUARE FEET.
SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA AS RECORDED IN PLAT
BOOK 129,PAGE 140 OF PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS.
Exhibit "E"