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R91-62RESOLUTION NO. R91-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A PORTION OF THE OLD BOYNTON ROAD RIGHT-OF-WAY, RESERVING UNTO THE CITY A UTILITY EASEMENT; THE RIGHT-OF-WAY BEING LOCATED ON BOYNTON BEACH BOULEVARD AT OLD BOYNTON ROAD, NORTHEAST CORNER AND BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ROAD RIGHT-OF-WAY; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Raymond owners of Parcel I, J. Posgay, Esq., as agent for the Florida Power & Light Company has abandonment of the hereinafter described road requested the right-of-way; and WHEREAS, comments .have been appropriate City Departments; and WHEREAS, public hearings have City's Planning and Zoning Board and the proposed abandonment; and solicited from the been held before the the City Commission on WHEREAS, based on the foregoing information, the said right-of-way no longer serves any useful purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1: The City of Boynton Beach, Florida, by and through its City Commission, does hereby abandon a certain right-of-way subject to the reservation of a 10 foot utility easement along the southernmost 10' of the proposed parcel in favor of this City, located in the City of Boynton Beach~ Florida, attached hereto as Exhibit "A". Section 2: The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 3: This when a 10 foot utility ~ity. Section 4. The owners Resolution shall become effective easement has been granted to the Light Company are responsible ~oving any existing utility facilities ~escribed right of way. of Parcel 1, Florida Power & for all costs associated with located in the above PASSED AND ADOPTED THIS 1991. day of ~/~ IATT~ST: Corporate~$eal) Abandon.aoc 3/27/91 CITY OF BOYNTON BEACH, FLORIDA Mayor 9ice Mayor- ~C~lssioner Commissioner EXHIBIT "A" That part of Section 20, Township 45 South, Range 43 East, Palm Beach County, Florida, described as follows: Commence at the Southeast Corner of said Section 20; thence S. 88°02'21"W., along the South Line of said Section 20, 1631.39 feet to the easterly right of way line of a forty foot road as shown on plat of Subdivision of said Section 20, as recorded in Plat Book 7~ page 20 of the Public Records of Palm Beach County, Florida; thence N. 0~49'09"E., along said easterly right of way line, 312.74 feet to line 50 feet southwesterly of and parallel with the centerline of Old Boynton Road and the Point of Beginning; thence 41°47'42"E., along said parallel line, 225.01 feet to a point of curvature of a cu~ue concave northeasterly with a radius of 527.47 feet and a central angle of 3°13'44"; thence southeasterly, along the arc of said curve, 29.73 feet; thence S. 0°00'07W., 37.43 feet; thence S. 85°02'51"E., 140.34 feet to a line of 53.00 feet north of and parallel with the centerline of State Road 804 as shewn on the right of way map recorded in Road Plat Book 2, page 220 of the Public Records of Palm Beach County, Florida; thence S. 89°59'53"E., along said parallel line, 45.67 feet to a point on a curve concave to the northeast with a radius of 368.97 feet, a central angle of 23041'37'` and a chord bearing N. 53°38'30"W,; thence northwesterly, along the arc of said curve, 152.58 feet to a point of tangency; thence N. 41°47'42"W., 110.00 feet; thence S. 48°12'18"W., 10.00 fret to a line 15.00 feet northeasterly of and parallel with the centerline of Old Boynton Road; thence N. 41°47'42"W., along said parallel line, 227.66 feet to the intersection of the northerly prolongation of the said easterly right of way line of the forty foot ro~d; thence S. 0°49'09"w., along sa~d prolongation, 96.00 feet to the said Point of Beginning. Containing 28,537 square feet or 0.655 acre, more or less. DISCLAIMER KNOW ;%~,r, MEN BY THESE PRESENTS that the City of Boynton iiBeaCh, Florida, a municiPal corporation, under the laws of iiiithe State of Florida, dOes hereby abandon and disclaim a ilcertaln road rIght-of-way, subject to the reservation of !iut~llty ~easement rights in favor of the City of Boynton Beach, situated and loCated in Palm Beach County, Florida, attached heret° as Exhibit "A". 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 )91. Mayor SS: BEACH BEFO~ MB, the undersigned authority, personally appeared ARLINE WEINER and SUZANNE M. KRUSE , Mayor and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they 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 s~ and County this ~ day of ~ Florida OP 9 8787 f. EXHIBIT "A" That part of Section 20, Township 45 South, Range 43 East, Palm Beach County, Florida, described as follows: Commence at the Southeast Corner of said Section 20; thence S. 88°02'21"W., along the South Line of said Section 20, 1631.39 feet to the easterly right of way line of a forty foot road as shown on plat of Subdivision of said Section 20, as recorded in Plat Book 7, page 20 of the Public Records of Palm Beach County, Florida; thence N. 0°49'09"E., alon~ said easterly right of way line, 312.74 feet to line 50 feet southwesterly of and parallel with the cent~rline of Old Boynton Road and the Point of Beginning; thence $. 41°47'42"E., along said parallel line, 225.01 feet to a point of curvature of a curve concave northeasterly with a radius of 527.47 feet and a central angle of 3°13'44"; thence southeasterly, along the arc of said curve, 29.73 feet; thence S. 0°00'07W., 37.43 feet; thence S. 85°02'51"E., 140.34 feet to a line of 53.00 feet north of and parallel with the centerline of State Road 804 as shown on the right of way map recorded in Road Plat Book 2, page 220 of the Public Records of Palm Beach County, Florida; thence S. 89°59'53"E., along said parallel line, 45.67 feet to a point on a curve concave to the northeast with a radius of 368.97 feet, a central angle of 23°41'37~' and a chord bearing N. 53°38'30"W,; thence northwesterly, along the arc of said curve, 152.58 feet to a point of tangency; thence N. 41°47'42"W., 110.00 feet; thence S. 48°12'18"W., 10.00 feet to a line 15.00 feet northeasterly of and parallel with the centerline o£ Old Boynton Road; thence N. 41°47'42"W., along said parallel line, 227.66 feet to the intersection of the northerly prolongation of the said easterly right of way line of the forty foot road; thence S. 0°49'09"W., along said prolongation, 96.00 feet to the said Point of Beginning. Containing 28,537 square feet or 0.655 acre, more or less. RECORD VERtFiED PALM BEACH COUNTY', FLA JOHN B. DuNKL5 cLF-P,K CiRcuiT COURT