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20-043 I 111111 11111 111111111111111 111111111111111111 CF 211210031017 OR BK 32217 PG 1394- RECORDED 02/22/2021 14:02:04 Palm Beach C:ountm, Florida Joseph Abruzzo,Clerk 1 ORDINANCE NO. 20-043 P3s 1394 - 1398; (5pms) 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE ABANDONMENT OF A 25 FOOT 5 WIDE PORTION OF THE SOUTHWEST 6TH STREET RIGHT-OF- 6 WAY CONSISTING OF A PORTION OF THE UNIMPROVED 7 SWALE ABUTTING THE EAST LOT LINE OF THE PROPERTY 8 LOCATED AT 704 SW 25TH AVENUE; AUTHORIZING THE CITY 9 MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE 10 RECORDED WITH THIS ORDINANCE IN THE PUBLIC 11 RECORDS OF PALM BEACH COUNTY, FLORIDA; AWN CLERK. 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS,Applicant is requesting abandonment of a 25 foot wide portion of the SW 15 6th Street right-of-way currently consisting of unimproved swale in order to construct a single 16 family residence on the vacant parcel located at 704 SW 25th Avenue;and 17 18 WHEREAS, Staff has determined that the subject portion of the right-of-way requested 19 to be abandoned does not adversely impact traffic, does not adversely affect other adjacent 20 property owners, subject to the conditions of approval including the provision of the necessary 21 utility easements noted by staff during their review; and 22 23 WHEREAS, comments have been solicited from the appropriate City Departments, and 24 public hearings have been held before the City Commission on the proposed abandonment; and 25 26 WHEREAS, staff has determined that the subject right-of-way no longer serves a public 27 purpose other than retention of a utility easement, if warranted and therefore recommends 28 approval of the request, subject to the accompanying conditions. 29 30 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 31 CITY OF BOYNTON BEACH,FLORIDA THAT: 32 33 Section 1.The foregoing whereas clauses are true and correct and incorporated herein by 34 this reference. 35 36 Section 2.The City Commission of the City of Boynton Beach, Florida, does hereby 37 abandon a 25 foot wide portion of the SW 6th Street right-of-way currently consisting of 38 unimproved swale in order to construct a single family residence on the vacant parcel located at 39 704 SW 25th Avenue. The property being abandoned is more particularly described as follows: 40 41 A PORTION OF THE 50 FOOT RIGHT-OF-WAY LYING EAST OF AND ADJACENT TO 42 LOT 7,BLOCK 4 OF "FOREST HILLS",ACCORDING TO THE PLAT THEREOF AS 43 RECORDED IN PLAT BOOK 25 AT PAGE 57 OF THE PUBLIC RECORDS OF PALM 44 BEACH COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 45 COMMENCING AT THE NORTHWEST CORNER OF LOT 7,BLOCK 4 OF THE 46 AFOREMENTIONED PLAT OF "FOREST HILLS";THENCE NORTH 87°19'10" EAST ON 47 THE NORTH PROPERTY LINE OF SAID LOT 7,A DISTANCE OF 54.68 FEET TO THE {S:\CA\Ordinances\Abandonments\Abandonment of ROW (SW 6th ROW).docx 48 POINT OF BEGINNING; THENCE CONTINUE NORTH 87°19'10" EAST ON THE 49 EASTERLY PROLONGATION OF SAID NORTH PROPERTY LINE OF LOT 7,A DISTANCE 50 OF 25.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE 51 RIGHT;THENCE SOUTHEASTERLY ON THE ARC OF SAID CIRCULAR CURVE,HAVING 52 A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°44'18",A DISTANCE OF 39.59 53 FEET TO THE POINT OF TANGENCY;THENCE SOUTH 01°56'32" EAST ON A LINE 25 54 FEET EASTERLY OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 7,A 55 DISTANCE OF 79.69 FEET;THENCE SOUTH 87°19'10" WEST ON THE EASTERLY 56 PROLONGATION OF THE SOUTH LINE OF SAID LOT 7,A DISTANCE OF 12.50 FEET TO 57 THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT,AT WHICH THE 58 RADIUS POINT BEARS NORTH 28°03'28" EAST; 59 THE FOLLOWING THREE COURSES AND DISTANCES ARE COINCIDENT WITH THE 60 EAST LINE OF SAID LOT 7: 61 1)NORTHWESTERLY ON THE ARC OF SAID CURVE,HAVING A RADIUS OF 25.00 FEET 62 AND A CENTRAL ANGLE OF 60°00'00",A DISTANCE OF 26.18 FEET TO THE POINT OF 63 TANGENCY; 64 2)NORTH 01°56'32" WEST,A DISTANCE OF 57.88 FEET TO THE POINT OF TANGENCY 65 OF A CIRCULAR CURVE TO THE LEFT; 66 3)THENCE NORTHWESTERLY ON THE ARC OF SAID CIRCULAR CURVE,HAVING A 67 RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°44'18",A DISTANCE OF 39.59 68 FEET TO THE POINT OF BEGINNING. 69 70 SAID LANDS LYING IN THE CITY OF BOYNTON BEACH,PALM BEACH COUNTY, 71 FLORIDA AND CONTAINING 2,545 SQUARE FEET,MORE OR LESS. 72 73 Section 3.The City Manager is hereby authorized and directed to execute the attached 74 Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm 75 Beach County, Florida. 76 77 Section 4.This Ordinance shall take effect immediately upon passage. 78 79 FIRST READING this \1, day of November, 2020. 80 81 SECOND, FINAL READING AND PASSAGE THIS 16\ day ofSo�.N.-\ 202 fi. 82 83 CITY OF BOYNTON BEACH,FLORIDA 84 YES NO 85 Mayor—Steven B. Grant ✓ 86 87 Vice Mayor—Ty Penserga 88 89 Commissioner—Justin Katz 90 91 Commissioner—Woodrow L. Hay ✓ 92 93 Commissioner—Christina L. Romelus 94 95 VOTE j'D {S:\CA\Ordinances\Abandonments\Abandonment of ROW(SW 6th ROW).docx 96 ATTEST: 97 1 . 98 AIR, _. ii. i 4111tl .&. i. ._/ 99 Crystal Gibs. , MMC 100 J'City Clerk 101 102 103 (Corporate Seal) ; ;' itC t,, S _ t5 't .. (S:\CA\Ordinances\Abandonments\Abandonment of ROW(SW 6th ROW)docx DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a 25 foot wide portion of the SW 6th Street right-of- way currently consisting of unimproved swale in order to construct a single family residence on the vacant parcel located at 704 SW 25th Avenue. The property being abandoned is more particularly described as follows: A PORTION OF THE 50 FOOT RIGHT-OF-WAY LYING EAST OF AND ADJACENT TO LOT 7, BLOCK 4 OF "FOREST HILLS",ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 25 AT PAGE 57 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 7,BLOCK 4 OF THE AFOREMENTIONED PLAT OF "FOREST HILLS";THENCE NORTH 87°19'10"EAST ON THE NORTH PROPERTY LINE OF SAID LOT 7,A DISTANCE OF 54.68 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 87°19'10" EAST ON THE EASTERLY PROLONGATION OF SAID NORTH PROPERTY LINE OF LOT 7,A DISTANCE OF 25.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT;THENCE SOUTHEASTERLY ON THE ARC OF SAID CIRCULAR CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°44'18",A DISTANCE OF 39.59 FEET TO THE POINT OF TANGENCY;THENCE SOUTH 01°56'32"EAST ON A LINE 25 FEET EASTERLY OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 7,A DISTANCE OF 79.69 FEET;THENCE SOUTH 87°19'10" WEST ON THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 7,A DISTANCE OF 12.50 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT,AT WHICH THE RADIUS POINT BEARS NORTH 28°03'28" EAST; THE FOLLOWING THREE COURSES AND DISTANCES ARE COINCIDENT WITH THE EAST LINE OF SAID LOT 7: 1)NORTHWESTERLY ON THE ARC OF SAID CURVE,HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 60°00'00",A DISTANCE OF 26.18 FEET TO THE POINT OF TANGENCY; 2)NORTH 01°56'32" WEST,A DISTANCE OF 57.88 FEET TO THE POINT OF TANGENCY OF A CIRCULAR CURVE TO THE LEFT; 3)THENCE NORTHWESTERLY ON THE ARC OF SAID CIRCULAR CURVE,HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°44'l8",A DISTANCE OF 39.59 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY,FLORIDA AND CONTAINING 2,545 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 ��� day of Feburary 2021: {S'.\CA\Ordinances\Abandonments\Abandonment of ROW(SW 6th ROW)docx IA: is CITY OF BOYNTON BEACH,FLORIDA Crystal Gibso , MMC L Lori aVerriere, City Manager (6 ou City Clerk STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of in 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 County this (S, day of , 2020. ' •' 1 ,‘,so pue, SHAYLA S.ELLIS NOTARY PUBLIC, State of Florida Commission#HH 001281 t 3 . My Commission Expires: O '/19/ 011 N nr Expire Soptomber 19,2024 „04+ iemed T1W await Nom erNoes (S\CA\Ordinances\Abandonments\Abandonment of ROW(SW 6th ROW).docx