20-035 1111111111111111111111111111111111111111I 1111
c:FN 20210047162
OR BK 32151 PG 0634
RECORDED 02/01/2021 i21 14:52:29
Palm Bench Count's, Florida
Joseph Abruzzo,Clerk
1 ORDINANCE NO. 20-035 Pas 0634 - 637; (4p9s)
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEM!HON BEACH
4 FLORIDA, APPROVING THE ABANDONMENT OF A PORTi6SYCLERK.
5 OF THE IMPROVED 45 FOOT WIDE RIGHT-OF-WAY(- (W'21 10:09AM
6 SOUTHEAST 1ST AVENUE RUNNING EAST FROM FEDERAL
7 HIGHWAY FOR A DISTANCE OF APPROXIMATELY 175 FEET;
8 AUTHORIZING THE CITY MANAGER TO EXECUTE A
9 DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS
10 ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH
11 COUNTY,FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS, Applicant is requesting abandonment of a portion of the improved 45-
14 foot wide right-of-way of SE 1St Avenue extending from Federal Highway east for a distance
15 of approximately 175 feet; and
16
17 WHEREAS,staff has determined that the requested abandonment would not adversely
18 impact traffic or other City functions, and would not adversely impact other adjacent property
19 owners; and
20
21 WHEREAS, comments have been solicited from the appropriate City Departments,
22 and public hearings have been held before the City Commission on the proposed abandonment;
23 and
24
25 WHEREAS, staff has determined that the subject right-of-way no longer serves a
26 public purpose other than retention of a utility easement, if warranted and therefore
27 recommends approval of the request, subject to the accompanying conditions.
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH,FLORIDA THAT:
31
32 Section 1. The foregoing whereas clauses are true and correct and incorporated
33 herein by this reference.
•
34
35 Section 2. The City Commission of the City of Boynton Beach, Florida, does
36 hereby abandon a portion of the improved 45 foot wide right-of-way of SE 1St Avenue running
37 east from Federal Highway for a distance of approximately 175 feet. The property being
38 abandoned is more particularly described as follows:
39
40 PORTION OF RIGHT OF WAY KNOWN AS SE 1ST AVENUE
41 A PORTION OF THE RIGHT-OF-WAY OF SE 1st AVENUE LYING BETWEEN LOT 8,
42 LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 25
43 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT
44 THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF
45 PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
46 FOLLOWS:
47
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I48 BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH
49 00°00'00"EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID
50 LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66;THENCE NORTH
51 88°4620"WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE,
52 ALSO BEING THE NORTH LINE OF SAID LOTS 66,65,AND 9,FOR 174.99 FEET TO A
53 POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH FEDERAL HIGHWAY (US
54 HIGHWAY NO. 1);THENCE NORTH 00°00'00"WEST ALONG SAID EAST RIGHT-OF-
55 WAY, LYING 25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY
56 EXTENSION OF THE WEST LINE OF SAID LOT 9 FOR 45.01 FEET;THENCE SOUTH
57 88°46'20"EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE,
58 ALSO BEING THE SOUTH LINE OF SAID LOTS 8, 96,AND 95, FOR 174.99 FEET TO
59 THE POINT OF BEGINNING.
60
61 ALL OF SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON
62 BEACH,PALM BEACH COUNTY,FLORIDA AND CONTAINING 7,875 SQUARE FEET,
63 MORE OR LESS.
64
65 Section 3. The City Manager is hereby authorized and directed to execute the
66 attached Disclaimer and cause the same to be filed,with this Ordinance, in the Public Records
67 of Palm Beach County, Florida.
68
69 Section 4. This Ordinance shall take effect immediately upon passage.
70
71 FIRST READING this day of January, 2021.
72
73 SECOND, FINAL READING AND PASSAGE THIS \C\ day of January, 2021.
74
75 CITY OF BOYNTON BEACH, FLORIDA
76
77 YES NO
78 Mayor—Steven B. Grant
79
80 Vice Mayor—Ty Penserga ✓
81
82 Commissioner—Justin Katz
83
84 Commissioner—Woodrow L. Hay ,/
85
86 Commissioner—Christina L. Romelus
87 _
88 VOTE 5- 0
89 ATTEST:
90
91 iiii.A , ��
92rystal Gibso , r
93 City Clerk
94 •
I 95 ,, A
96 (Corporate Seal)
(S\CA\OrdinancesAbandonments\Abandonment of ROW(Legacy)2nd read-Ordinance docr f,„ r
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 improved 45 foot wide right-of-way
of SE 1St Avenue running east from Federal Highway for a distance of approximately 175 feet. The
property being abandoned is more particularly described as follows:
PORTION OF RIGHT OF WAY KNOWN AS SE 1ST AVENUE
A PORTION OF THE RIGHT-OF-WAY OF SE 1st AVENUE LYING BETWEEN LOT 8, LESS
THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9,LESS THE WEST 25 FEET AND LOTS
65 AND 66 OF "THE LAWNS",ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 9,PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA,MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 00°00'00"
EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 95 45.01
FEET TO THE NORTHEAST CORNER OF SAID LOT 66; THENCE NORTH 88°46'20" WEST
ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE
NORTH LINE OF SAID LOTS 66, 65, AND 9,FOR 174.99 FEET TO A POINT ON THE EAST
RIGHT-OF-WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE
NORTH 00°00'00"WEST ALONG SAID EAST RIGHT-OF-WAY,LYING 25.00 FEET WEST OF
AND PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 9
FOR 45.01 FEET; THENCE SOUTH 88°46'20" EAST ALONG THE NORTH RIGHT-OF-WAY
LINE OF SAID SE 1st AVENUE, ALSO BEING THE SOUTH LINE OF SAID LOTS 8,96,AND
95,FOR 174.99 FEET TO THE POINT OF BEGINNING.
ALL OF SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH,
PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,875 SQUARE FEET, 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 a5 day of January,
2021.
CITY OF BOYNTON BEACH, FLORIDA
Gibso►, MMC Lori a erriere, City Manager
City Clerk
(S:\CA\Ordinances\Abandonments\Abandonment of ROW(Legacy)2nd read-Ordinance.docx
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared by means of J physical
presence or 0 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.
WITNESS my hand and official seal in the said State and Coun this N day of
(-A 7 , 2021. 411111, adile 400
SHAYLAS.ELLS NOTARY PUBLIC, State of Florida
* ' Commission#HH 001281
_, My Commission Expires:
„y, q, or Expires September 19,2024
9rF0F FvCi Bonded 7tyu Budget Notary Services
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